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01/13/2011City Council Agenda Location: Council Chambers - City Hall Date: 1 /13/2011- 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 C� Attachments 4.2 Bottlenose Productions / Alcon Entertainment - Jim Bigham � Attachments 4.3 Adopt a Street Awards � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the December 16, 2010 City Council Meeting as submitted in written summation by the City Clerk. � Attachments 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 a Development Agreement between Sea Captain, a Florida General Partnership (the property owner) and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design, adopt Resolution 11-01, and authorize the appropriate officials to execute same. [� Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within Block 1 of E.P. Meritt's Addition. [� Attachments 8.2 Adopt Ordinance 8226-11 on second reading, amending Chapter 22, Code of Ordinances, to allow for the sale, consumption or possession of alcoholic beverages on park property when permitted pursuant to an alcoholic beverage special events permit; in the downtown Cleveland Street area, and the possession and consumption of alcoholic beverages, but not the sale, in other limited special event areas. [� Attachments 8.3 Adopt Ordinance 8228-10 on second reading, annexing certain real property 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. [� Attachments 8.4 Adopt Ordinance 8229-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Residential Urban (RU). [� Attachments 8.5 Adopt Ordinance 8230-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). � Attachments City Manager Reports 9. Consent Agenda 9.1 Approve a memorandum of agreement between the Pinellas County Health Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30, 2011, to provide funding and staff for various health department initiatives sponsored by a federal grant entitled Communities Putting Prevention To Work (CPPW); establish a new Special Program (181-99869) entitled Prevention and Public Heath PCHD, for an amount not to exceed $35,185 for the period of this agreement; approve the addition of one full-time specialist position to be funded by PCHD; authorize the City Manager or his designee to extend the agreement for an additional 15 months from July 1, 2011 to September 29, 2012; and authorize the appropriate officials to execute same. (consent) � Attachments 9.2 Declare list of vehicles and equipment surplus to the needs of the City, authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) [� Attachments 9.3 Approve the Award of Bid OS-11 (Installation of Gas Mains, Service Lines and House Piping at Various Locations) in the total amount of $1,048,550, approve a Purchase Order in the amount of $939,050 for the installation of gas mains and service lines at various locations to Florida Gas and Electric Corporation for the period February 1, 2011 to January 31, 2012, and authorize the appropriate officials to execute same. (consent) � Attachments 9.4 Approve Supplemental Agreement 5, in the amount of $368,050, and Supplemental Agreement 6, in the amount of $53,390, with Arcadis U.S., Inc. for the treatment of contaminated soils located at the Former Manufactured Gas Plant site and authorize the appropriate officials to execute same. (consent) � Attachments 9.5 Approve amendment to lease agreement with Matt Loder, owner of Clearwater Beach Seafood, Inc., d/b/a Crabby Bill's, adding four years to the term of the agreement in exchange for upgrades and modifications to the premises, with substantial completion of such upgrades and modifications by August 1, 2011 and a certificate of occupancy issued or a final inspection conducted (whichever is applicable) no later than one year from the execution date of this amendment; otherwise, the extension will be void; and authorize the appropriate officials to execute same. (consent) � Attachments 9.6 Authorize establishing Capital Improvement Project 315-94854, Multi Plane Hangars, to construct new multi plane hangar(s) at the Clearwater Airpark. (consent) [� Attachments 9.7 Approve a memorandum of agreement between the Pinellas County Health Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30, 2011, to provide funding and staff for various health department initiatives sponsored by a federal grant entitled Communities Putting Prevention To Work (CPPW); establish a new Special Program (181-99869) entitled Prevention and Public Heath PCHD, for an amount not to exceed $35,185 for the period of this agreement; approve the addition of one full-time specialist position to be funded by PCHD; authorize the City Manager or his designee to extend the agreement for an additional 15 months from July 1, 2011 to September 29, 2012; and authorize the appropriate officials to execute same. (consent) [� Attachments 9.8 Re-appoint C. William Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Fund, with a term expiring February 1, 2013. (consent) � Attachments 9.9 Award a contract (Purchase Order) to Rush Truck Center of Tampa, FL for one Peterbilt Mode1320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine, in the amount of $259,112.00, in accordance with Sec. 2.56(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 9.10 Approve Consent Order Agreement (OGC File 10-2683) with the Florida Department of Environmental Protection (FDEP) with a maximum settlement fee of $42,940, for the Marshall Street Advanced Wastewater Treatment Facility (AWWTF), and authorize the appropriate officials to execute the same. (consent) [� Attachments 9.11 Award a contract to R. Cobb Construction Company, Inc., of Clearwater, FL, in the amount of $119,083.14, which is the lowest responsive bid in accordance with the plans and specifications, for the construction of the 2401 Drew Street Storm Drainage Improvements Project; and authorize the appropriate officials to execute same. (consent) [� Attachments 9.12 Award a contract to Clark Hunt Construction of Clearwater, FL, in the amount of $147,096.15, which is the lowest responsive bid, for removal and replacement of approximately 185 linear feet of 54-inch reinforced concrete pipe, proposed headwalls and 208 linear feet of 8-inch sanitary sewer, and authorize the appropriate officials to execute same. (consent) [� Attachments 9.13 Award a contract for Lift Stations 26 and 74 Rehabilitation Project (08-0050-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $414,942.00, which is the lowest responsive bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) C� Attachments 9.14 Ratify and Confirm Change Order 6 and Final to Caladesi Construction Company of Largo, FL, for the Lake Bellevue Branch 6A Stormwater Management Project (03-0030-EN) in the amount of $128,153.16 and add 107 days to the contract. (consent) � Attachments 915 Reappoint Tim Trager to the Marine Advisory Board with term to expire March 31, 2015. � Attachments 9.16 Approve a settlement agreement settling the case of Pierce 100, Inc., et a1. v. City of Clearwater, Case 07- 013950-CI-15. (consent) � Attachments 10. Other Items on City Manager Reports 10.1 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for Multiyear Citywide Rehabilitation with the Florida Department of Transportation, District Seven, for aesthetic improvements to portions of various State Roads within the city limits of Clearwater, adopt Resolution 10-29 and authorize the appropriate officials to execute same. � Attachments 10.2 Appoint one member to the Library Advisory Board to fill the remainder of unexpired term until February 28, 2013. [� Attachments 10.3 Provide direction to and appoint the Charter Review Committee. [� Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Provide direction regarding the Clearwater Marine Aquarium (CMA) request to subordinate the City's reverter interest in a portion of the CMA property to $8.6 million bond financing and modify the existing reverter provision to reflect same. [� Attachments 12. Other Council Action 12.1 Improvements at the intersection of McMullen Booth Rd. and Drew St. - Councilmember Gibson C� Attachments 12.2 Pinellas Safe Harbor [� Attachments 12.3 Renaming of Boat Slips � Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Timothy Sparrow Diana Atkinson Krystal Schmidt Robert Maue Jonathan Cappa Daniel Loder Stewart Phillips Michael Spitaleri Michael Morea Christopher Pranschke Jerry Dunner Christopher Defayette Melody Phelps Selena Hyppolite Terrance White Lori Vogel Donald Magness Kevin O'Neill Robert Wells 10 Years of Service Julia Tynefield Heather Parsons 15 Years of Service Michael Whittaker Linda McPherson Michael Ogliaruso Albert Craig Keisha Bradley 20 Years of Service Karl Pople James Enigk Dane Heatherington Earl Barrett Charles Jeffries Steve Bochno 25 Years of Service Gordon Grandi Donald Thomson 30 Years of Service Cecil Rhodes Fire Economic Development Public Communications Engineering Police Police Police Police Police Police Solid Waste/General Services Police Police Police Customer Service Finance Fire Fire Public Utilities Public Services Public Communications Engineering Customer Service Police Gas Police Police Public Utilities Engineering Engineering Public Utilities Solid Waste/General Services Gas Fire Library Meeting Date:l/13/2011 Cover Memo Item # 1 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Bottlenose Productions / Alcon Entertainment - Jim Bigham SUMMARY: Review Approval: 1) Clerk Meeting Date:l/13/2011 Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt a Street Awards SUMMARY: Review Approval: 1) Clerk Meeting Date:l/13/2011 Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Approve the minutes of the December 16, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 21 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 16, 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 Karen Vaughan - Administrative Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved �,, i � �� i �� • The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Bob Brubaker, Christ Community Presbyterian Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. . . �, � � Two service awards were presented to city employees. The November 2010 Employee of the Month Award was presented to Kevin Klein, Police Department. . � . �, . � The City was thanked for its support. Council 2010-12-16 Item # � Attachment number 1 Page 2 of 21 ' • • • • �^ ! ! � . . . � . � . ,,, . � � � '" '" ! f '" * . � � �, . Vice Mayor John Doran moved to approve the minutes of the December 2, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. . � • �* �*� � . , '1,� ,�, . ��. �� Nicholas Fritsch - supported mixed-use developments in urbanized areas as a tool to generate property tax revenues. Joe Paiqe requested Council to be more conservative regarding use of city funds. Steve Osburq requested consideration for hosting Clearwater Beach Polo Challenge and exempting animal restrictions on beach for the special event. Junq Sue Park expressed concerns regarding the removal of ducks at Crest Lake Park. Greqq Pound expressed concerns regarding the removal of his signs during the Turkey Trot. Frank Petro-rov expressed concerns regarding quality of renovations at Morningside Tennis Courts and lack of seating for spectators. Public Hearings - Not before 6:00 PM �� . . ��♦ � - - •i,i -. - . ^^, 11• 1 1 � � • -� �, •.. � - ; r � � ..�� , . . 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 Council 2010-12-16 Item #� Attachment number 1 Page 3 of 21 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. Council 2010-12-16 Item ## Attachment number 1 Page 4 of 21 Councilmember Paul Gibson moved to approve the City of Clearwater's Fiscal Year 2009-2010 Consolidated Annual PerFormance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. �^ • �1 � � ^^ ♦ �1 . ^" � ^^ � . ^^ ^^ � � ^^ � � : �, * . �,�� .1. . � . .� , • •1 � � .. � +► +► � - � • - : 1 � - . • • ' 1 1 1. - � ♦� � � - � � ' . ♦ 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. One individual spoke in opposition as the alleyway is needed to access property. In response to questions, Engineering Assistant Director Scott Rice said the property owner at 807 N. Garden Avenue claimed to own a portion of the right-of-way but staff has found no evidence supporting that claim. The City Manager said the adjacent property owners are noticed and it is their responsibility to respond to the notice. Brighthouse, Verizon, Progress Energy, and Knology are contacted due to infrastructure placed in right-of-way. Police Chief Anthony Holloway said there is evidence of crime activity in the alleyway. Two individuals spoke in support. In response to questions, Mr. Rice said the north end of the alleyway tapers off before it gets to Nicholson Street. When a right-of-way is vacated, 5 feet goes to the property owner on the east side and 5 feet to the property owner on the west side. There is an alley between Nicholson and Seminole Streets on the drawing. Concern was expressed regarding interest of property owner at 809 N. Garden Avenue to build a duplex on site. Planning and Development Director Michael Delk said property site is not large enough to build an additional dwelling. Council 2010-12-16 Item #� Attachment number 1 Page 5 of 21 Councilmember Bill Jonson moved to continue Item 7.2 to January 13, 2011. The motion failed for lack of second. Vice Mayor John Doran moved to 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). The motion was duly seconded and upon the vote being taken: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. Ordinance 8225-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8225-10 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, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. �- - a � 1 �� •- +►� � � � 1 � +� 1 ` . • # "" f� i i w w� � +* f �"" �"• "" • •'• � �. �tii �' � �"" � • �, f �r"" i • ii � "* • . • ! i � ,,, ,,, i � • i "" "" • i � i *� ," • • 1 1 • ^" � � . ^" � � • • � ," ! � �: � � ; � � ^^ +1 r► � +1 ^^ � . � . . . � 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. Council 2010-12-16 Item #� Attachment number 1 Page 6 of 21 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. Councilmember Paul Gibson moved to 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. The motion was duly seconded and carried unanimously. Resolution 10-30 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-30. 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. � i� � � � ,w w i� .., w �:. • . . ;"" * '" � � """ � ,,; � �,��... � � :"'' * """ ". � . � f � # i ! �" • "" ! i i i � "" * � "" � " : # "" � � � i i � ' "" i i i "" "" i �t i ! � ■ • # � • ' • "" , i i ! - � i � ! "" # ! � � t i i � �. . � � # �- ,� � i ""�r� # �" � � �� 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. Council 2010-12-16 Item #� Attachment number 1 Page 7 of 21 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 II 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. Council 2010-12-16 Item #� Attachment number 1 Page 8 of 21 Vice Mayor John Doran moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8228-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8228-10 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. Ordinance 8229-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8229-10 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. Ordinance 8230-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8230-10 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. 8. Second Readings - Public Hearing : � � � ♦ � ; • . : ' 1 � - � � - . • +� +� - � 1 .. � �, � I � � "" ♦ "" "" � '"" "" � � "" � ! � � � �, �, �, � �, � "" ♦ � ,,, i i � �t i �t # f # i "" i • *" # �r �t i i * # w i "" �r' �r "" i • i � �, * � � ; �, �, �, � , � "" i ! i ! "" "" i i � • i +� i �t i �t • "" i i i � �, �, �, , �, � � � "" � � "" "" "" "" � ! # � ", � ", Council 2010-12-16 Item #� Attachment number 1 Page 9 of 21 � f i ', # i i # � i �t ! �k • "" i i � �, �, �, �, j ! � i "" "" � "" *, � � ,► "" • � Ordinance 8231-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8231-10 on second and final 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. : �^ � � ♦ � � ^^ : 1 � ^^ � � ; ^^ . • � . . � ^^ � � � � � • � ^^ * ^^ . ^^ ' � . • • • rl � � ^^ � � : : � �s� � rt� � - • •�• ' . :�� ",�- � - � � �r "" � � � nr "" � i' � � �, �, �, �, �, �, � � �, * "" ! ♦ ,, � � ! "" "' * "" E # ! * ! ! "" '" � i;"�i i � i i "" �, """ � � f • � •' � � w♦ w w ! fw # "" # i i i � • "" • • i ! • • ; i • , * ' � ,. , � '' � ,,, ,,, 'i * ,,, ,,, * r i • �' Ordinance 8232-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8232-10 on second and final 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. : ' • * • � • . ^^ : 1, � ^^ � • ^^ . • � � � ^^ � ♦ ^^ � • - . ' . � { � � ^^ ^^ � � ^^ � � � rl � - . � ♦ � • � � , • � � ^^ � �, ^^ Discussion ensued with comments made that in 2010 there were 14 vehicular accidents in the city of Clearwater that involved fatalities and only 2 were red light related; a portion of the fine goes to a spinal injury group; photo enforcement reduces the number of accidents. Council 2010-12-16 Item #� Attachment number 1 Page 10 of 21 One individual spoke in opposition. Ordinance 8233-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8233-10 on second and final 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. 9. 9.1 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georqia, 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) 9.2 Authorize the Fire Chief to siqn the World Trade Center Steel Transfer Aqreement and accept a piece of steel from the Port Authority of New York and New Jersey, located at John F. Kennedy International Airport, Hanqar 17. (consent� 9.3 Authorize acceptance of the Florida Enerqy and Climate Commission qrant in the amount of $450,000.00 for the enlarqement of the Gate Valve Site located on Hercules Avenue for the Compressed Natural Gas Vehicle Fuelinq Station, Proiect Code 315-96387, and authorize the appropriate officials to execute same. consent 9.4 Award a contract to Wise Gas, Inc. in the amount of $1,645,763 to construct a compressed natural qas refuelinq station; approve the transfer of funds in the amount of $1,450,000 from prolect 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 aqqroqriate officials to execute same. (consentl 9.5 Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $219,800 for the acquisition of Storaqe Area Network (SAN , in accordance with Sec. 2.561 (10 (d), Code of Ordinances Florida State Contract; authorize lease purchase under the Citys Master Lease Purchase Aqreement and authorize the appropriate officials to execute same. (consent) 9.6 Ratify and confirm award of an emerqency contract to R.E. Purcell Construction Council 2010-12-16 Item �c� Attachment number 1 Page 11 of 21 Co., Inc. of Larqo, Florida for emerqency runway repairs at the Clearwater Airpark for the total price of $123,819. (consent) 9.7 Approve a blanket purchase order to Earth Desiqns, of Clearwater, Florida, in the amount of $209,892 for landscape maintenance throuqhout the City durinq the contract period January 1, 2011 throuqh December 31, 2011, which is the lowest resqonsible bid in accordance with qlans and sqecifications. and authorize the appropriate officials to execute same. (consent� 9.8 Approve the purchase of turF inaintenance equipment and clubhouse equipment from Clearwater Country Club Manaqement, Inc. (CCCM) for $159,450; funded with a$50,000 credit from CCCM and $109,450 from unappropriated retained earninas of the General Fund. (consentl 9.9 Aqqrove the Third Amendment to License Aareement between the Citv of Clearwater, Florida and Alexandra of Clearwater Beach, Inc. (Alexandra), addinq five years to the term of the Aqreement in exchanqe for the maintenance of the public restrooms in Pier 60 Park and authorize the appropriate officials to execute same. (consent� 9.10 Approve an aqreement with Reliqious Community Services, Inc. (RCS� provision of contractual victim advocacy services in the amount of $17,149, for period January 1, 2011 throuqh December 31, 2011, and authorize the appropriate officials to execute same. (consent) 9.11 Approve an aqreement 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 throuqh December 31, 2011 and authorize the aqqroqriate officials execute same. (consent) 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 throuqh trade- in. in accordance with Sec 2.564 (11(dl Florida State Contract: and authorize the appropriate officials to execute same. (consent) 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 throuqh December 31, 2011 and authorize the appropriate officials to execute same. (consent) 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 qovernmental bid and authorize the appropriate officials to execute same. (consent) 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. Council 2010-12-16 Item �� Attachment number 1 Page 12 of 21 2.564(1)(d), Code of Ordinances - Other qovernmental bid, authorize lease purchase under the City's Master Lease Purchase Aqreement and authorize the appropriate officials to execute same. (consent� 9.16 Acceqt a Sidewalk and Utilities Easement over, under, across and throuah portions of Lots 1, 2 and 3, Clearwater Heiqhts Subdivision, as more particularly described therein, conveyed by R. C. Lawler, Inc., a Florida corporation, qranted in consideration of receiqt of $1.00 and the benefits to be derived therefrom. consent 9.17 Grant and convey to Florida Power Corporation, doinq business as Proqress Enerqy Florida, Inc., a Florida corporation, a 10-foot wide Distribution Easement beinq situate within Glen Oaks Park, lyinq and extendinq adjacent to the west riqht-of-way line of Everqreen Avenue between Druid Road and the northerly riqht-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� 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 proiect; approve a Work Order in the amount of $109,075.00 to Jones Edmunds and Associates, Inc., an Enqineer-of-Record for the City of Clearwater, to provide Construction Enqineerinq and Inspection (CEI) Services; and authorize the appropriate officials to execute same. (consent) 9.19 Approve First Amendment to the Cooperative Fundinq Aqreement between Southwest Florida Water Manaqement District (SWFWMD) and the City of Clearwater for the Chautauqua/Coachman Ridqe Reclaimed Water Proiect (L810) and authorize the appropriate officials to execute same. (consent� 9.20 Award a contract (Purchase Order) to Reynolds Inliner, LLC, Sanford, FL, in the amount of $1,197,157.50 for the cleaninq, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a Resin Impreqnated Cured in Place Pipe (RICIPP lininq at various locations throuqhout the City of Clearwater and authorize the appropriate officials to execute same. (consent) 9.21 Appoint Terrence Gourdine as the Local Business representative and Councilmember Georqe N. Cretekos as the City Council representative to the Sister Cities Advisory Board with terms to expire December 31, 2014. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-12-16 Item �� Attachment number 1 Page 13 of 21 City Manager Reports 10. Other Items on City Manager Reports � �" ! ♦ i �, i� � , �, ; � �" i ! i i� � �, �, �, � �, �, # # "" "" # � � # �� # i , i # i "" i � � , *^ *^ � �, "" �, "" , # ! "" ! "" � "" � � � �` � � ! "" ' "" � � i � ,,, � j � ,,, a, ,,, * ,,, 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. Councilmember Bill Jonson moved to 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. The motion was duly seconded and carried unanimously. 1 �^ � � � • �� ^^ � �,,,,� � ;� � +1 � * ; � � ^^ � � � • ^� ^^ � ♦ � ^^ • �, �, ^^ ♦ ^^ � . �, � � "k �: 111 � -• � � : • 1: 1• - ; � ' � - • . 1 ♦ � i - � +� +� � ., . � �F � : 111 � �, . � • . �, . . # �, � �, � � +� - � � - - ♦ ♦ � � - � . � �, . . , �, , • 1 1 • • • •-• . '- • . • . • . 1 1 . — - .� Attachment number 1 Page 14 of 21 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 Council 2010-12-16 Item �� Attachment number 1 Page 15 of 21 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. The City's annual maintenance cost will be reduced by $51,000. This is based on elimination of one FTE associated with reduced 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. In response to questions, Parks and Recreation Director Kevin Dunbar said the Clay County Bid was less expensive than Honeywell because it did not require bonding or guarantee utility cost savings. Information regarding energy savings was provided by Honeywell and Musco. Solid Waste/General Services Assistant Director Rick Carnley said Musco revaluated Honeywell's guaranteed energy savings and provided cost savings they felt comfortable the city could attain. Mr. Dunbar said the fields were constructed to comply with the 50-30 lighting standards. Fields constructed prior to 1990, such as the Countryside Complex, are not required to meet organizational lighting standards. Vice Mayor John Doran moved to 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 Council 2010-12-16 Item �� Attachment number 1 Page 16 of 21 adjustment to the budget and 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, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. 1 �, �, * �, � • � ^^ � ^^ . ^^ � � ^^ � ! � , - � � • ^^ . ^" � ♦ � � ♦ � ^^ � � � � � ♦ • � � - ^^ ♦ ^^ - � � ...:# � ��: � w w .- � """ � � u`' ♦ ,�... """ """ , � """ .�... .""" � '�.. � � # � '��. • �� """ :� ♦ "' � i i ♦ i , i i i � "" "" � "" • • i ,, # w w """ .� * """ i � � i i ,, i """ • � • • ! i """ # ! i "" ♦ "" i i i � �, �, � �, � �, �, :� i ' i - • "" "" ♦ � ' i 4 "" i � • ,,, ,,, ,,, �, � ,,, � ,,, * ,,, ,,, � • ! � � i "" � "" ! "" ! ♦ i ! ' i "" • ! E � • ' i1� • i "" .r • ! 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. Councilmember George N. Cretekos moved to amend Section 22.59 of the City of Clearwater Code of Ordinances to allow for the sale, consumption or possession of Council 2010-12-16 Item �� Attachment number 1 Page 17 of 21 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. The motion was duly seconded and carried unanimously. Ordinance 8226-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8226-11 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. 10.4 pe�prtav 2 11 t�t L� isl�tiv� ��kaqe. 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. Councilmember Paul Gibson moved to approve 2011 State Legislative Package. The motion was duly seconded and carried unanimously. 10.5 Approve 2011 Federal Leqislative Packaqe. 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. Councilmember Bill Jonson moved to approve 2011 Federal Legislative Package. The motion was duly seconded and carried unanimously. Council 2010-12-16 Item �� Attachment number 1 Page 18 of 21 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Fr ��h�°s st�ur�nt utdcacar �tin� qu st Planning and Development Director Michael Delk said staff reviewed the request for outdoor cafe seating and requested direction regarding use of public right-of-way adjacent to Beachwalk for commercial use. There is no negative impact to utilities in proposed area. Mr. Delk said the property owner is willing to implement improvements that compliment Beachwalk. In response to a question, the City Attorney said the city is not vacating the property but providing a right-of-way permit that allows the property owner to operate as if the area was a sidewalk. The right-of-way permit is revocable at any time. Councilmember George N. Cretekos moved to approve Frenchy's Restaurant outdoor seating request. The motion was duly seconded and carried unanimously. 11.2 No Item 11.3 �r�� IL�k� ��rk iJ�d�t� Parks and Recreation Director Kevin Dunbar said staff has addressed the lack of lighting and raised the tree canopy in the park. Police Chief Anthony Holloway provided information regarding service calls to Crest Lake Park from September 20, 2010 through December 3, 2010. Chief Holloway said there is a standard direct patrol at 8:30 p.m. to ensure restrooms are secured. In response to questions, Police Chief Holloway said the Marchman Act assists intoxicated individuals; Pinellas Safe Harbor should accept these individuals when space is available. Mr. Dunbar said the Parks and Recreation Advisory Board did not consider park hours. Crest Lake Park is open until 11:00 p.m. because the interior trail is lit. One individual supported current park hours and one individual supported extending hours during the summer months. Consensus was for park hours to remain status quo. Council 2010-12-16 Item �� Attachment number 1 Page 19 of 21 Clearwater Beach Polo Challenqe The City Manager requested guidance regarding request to host Challenge on Clearwater Beach. There was consensus not to host event. 12. Other Council Action �^ • �► � ^^ ` ' � ' ^^ . +1 �► � � ^^ • • �^ � � ♦ ' ^^ � • 1 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. Discussion ensued with concerns expressed regarding the proposed changes diluting Clearwater representation, as membership reapportionment plan is not based on population. It was stated that Saint Petersburg is the only city mandated to approve the reapportionment plan. Vice Mayor John Doran moved to approve the MPO Reapportionment Plan. The motion was duly seconded and upon the vote being taken: Vice Mayor John Doran, Councilmember George N. Cretekos, and "Ayes": Councilmember Bill Jonson. "Nays": Mayor Frank Hibbard and Councilmember Paul Gibson. Resolution 10-31 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-31. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. Council 2010-12-16 Item �� Attachment number 1 Page 20 of 21 "Nays": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. ^^ � . ^^ • � ', � ; . � � � . �, � Councilmember George N. Cretekos expressed concerns regarding the non-resident recreation fee formula and suggested revising the ordinance so that the fee remains the same and not go down because of decreased department costs. In response to a question, Parks and Recreation Director Kevin Dunbar said the total revenue associated with non-resident recreation fees is approximately $5,000 to $7,000. Discussion ensued with concerns expressed that Clearwater residents are subsidizing, to an extent, capital costs for non-residents. It was stated that cost savings implemented by staff during the past three years have gone unnoticed but any further cost savings will impact services. In response to questions, Mr. Dunbar said Skylogix is a wireless remote controlled lighting system used at many recreational facilities. The system allows individuals, such as little league coaches, access to a field at specific times, thus reducing lighting costs. Swipe card systems require individuals to purchase a pre-loaded card, which is used to activate court lighting for the agreed time. Mr. Dunbar noted that lighting would be activated at both courts in a two-court facility. Of the 63 tennis courts in the city, 22 courts are lit and 17 courts do not have lighting. Lighting at the remaining 24 courts has been turned off due to budget constraints. Implementing scanner cards to pay for court lighting would not be a viable option because the hourly rate includes cost of lighting as well as equipment maintenance. The bleachers at Morningside Tennis Courts were removed during the renovations and replaced with benches. Seven individuals spoke in support; one individual spoke in opposition; and one individual expressed concern with lack of seating at Morningside Tennis Courts. Staff was directed to turn on tennis court lighting at Woodgate and review non-resident recreation fee formula. There was consensus not to pursue use of scanner cards to pay for tennis court lighting. The Council recessed from 8:32 p.m. to 8:43 p.m. Council 2010-12-16 Item �c� +, � ; � . 11 � Mayor Frank Hibbard reviewed recent and upcoming events. 14. Adjourn The meeting was adjourned at 9:42 p.m. Mayor City of Clearwater Attest City Clerk Attachment number 1 Page 21 of 21 Council 2010-12-16 Item �� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve a Development Agreement between Sea Captain, a Florida General Partnership (the property owner) and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design, adopt Resolution 11-01, and authorize the appropriate officials to execute same. SUMMARY: The tota10.829-acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. The majority of the subject property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17 acre) of the subject property north of the adjacent detached dwelling at 94 Devon Drive is zoned Low Medium Density Residential (LMDR) District and is not part of Beach l�y Design. The subject site has approximately 175 feet of frontage along Devon Drive. The subject property is currently developed with a 27-room motel. The proposal is for an overnight accommodation use (hotel) of a total of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). The proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District. On December 21, 2010, the Community Development Board (CDB) approved with 18 conditions of approval a Flexible Development application for the construction of an 85-room hotel with associated amenities (FLD2010-08004). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach l�y Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach l�y Design and includes the following main provisions: Provides for the allocation of 53 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Cover Memo The Community Development Board reviewed this Development Agreement application at its public hearing on I]��1��j21, 2010, and unanimously recommended approval of the application (DVA2010-08001). Review Approval: 1) Lega12) Clerk 3) Assistant City Manager 4) Clerk 5) Ciry Manager 6) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 21 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2011, and entered into between SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the maj or elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel proj ects; and WHEREAS, the Developer controls approximately 0.829 acre (0.659 acre zoned Tourist (T) District and 0.17 acre zoned Low Medium Density Residential (LMDR) District) of real property ("Property") in the corporate limits of the City, consisting of 0.659 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned resort will contain 85 units, which includes Fifty-Three (53) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and Item # 5 Attachment number 1 Page 2 of 21 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed proj ect is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on , 2011, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2010- 08004 on , 2010, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the obj ectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Propertv Subiect to this A�reement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a total acreage of 0.829 acre (0.659 acre with Resort Facilities High (RFH) land use and Tourist (T) District zoning and 0.17 acre with Residential Urban (RU) land use and Low Medium Density Residential (LMDR) District zoning). 2 Item # 5 Attachment number 1 Page 3 of 21 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 40 Devon Drive Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Proiect. 4.1 The Proj ect shall consist of no more than 85 overnight accommodation units. The proposed density is 128.98 units per acre. 4.2 The Proj ect shall include 93 parking spaces, as defined in the Community Development Code. 4.3 The proposed height of the building is 75'-3" to the roof deck. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design. 4.5 The proj ect shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this A�reement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606. G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obli�ations under this A�reement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 3 Item # 5 Attachment number 1 Page 4 of 21 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2010-08004. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the proj ect other than clearing grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Proj ect, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Proj ect Site providing that the Proj ect Site shall be developed and used as a single proj ect, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Proj ect. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the 4 Item # 5 Attachment number 1 Page 5 of 21 form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Proj ect and notifies the City of its election in writing and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Proj ect, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Densitv Reserve; Return of units to the Reserve Pool. Covenant Re a� rdin� Use of Hotel Densitv Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 53 hotel units to the Proj ect Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2010-08004 and in accordance with Paragraph 6.1.3.2, or if any units or the Proj ect fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Proj ect, pursuant to Beach by l�esign. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2010-08004 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.1.7 No overnight accommodation unit may be converted to a residential use (i.e. attached dwelling); Access to overnight accommodation units must be provided through a lobby and internal corridors; A reservation system shall be required as an integral part of the use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and The books and records pertaining to use of each overnight accommodation unit shall be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. 6.2 Obli�ations of the City. Item # 5 Attachment number 1 Page 6 of 21 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 53 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. In the event that the Florida Legislature, Pinellas County, and/or the City of Clearwater enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer 6 Item # 5 Attachment number 1 Page 7 of 21 shall pay the assessed amount under that Mobility Fee provision instead of, or in addition to, in accordance with that provision, the amount due under the current Ordinance. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistencv. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subj ect to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. 7 Item # 5 Attachment number 1 Page 8 of 21 SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP, DONALD F. EIFERT, PARTNER 526 Belle Isle Belleair Beach, FL With Copy to: FOWLER ASSOCIATES ARCHITECTS, INC 1421 Court Street, Suite D Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assi�nments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Proj ect, or that part subj ect to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City Item # 5 Attachment number 1 Page 9 of 21 agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or j oint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a j oint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subj ect to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subj ect to the requirements of this paragraph. 14.2 Successors and Assi�ns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. 9 Item # 5 Attachment number 1 Page 10 of 21 SECTION 18. Completion of A�reement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governin� Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 Item # 5 Attachment number 1 Page 11 of 21 SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer, so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WTTNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" : Donald F. Eifert, Developer CITY OF CLEARWATER, FLORIDA By: Print Name: William B. Horne II, City Manager Print Name As to "City" Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 11 Item # 5 Attachment number 1 Page 12 of 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2011, by He is [] personally known to me or has [ ] produced STATE OF FLORIDA COUNTY OF PINELLAS as identification. Notary Public Print Name: My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2011, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expire 12 Item # 5 EXHIBIT "A" Legal Description of Project Site UPLAND PARCEL Attachment number 1 Page 13 of 21 The following is a description of the uplands lying between the existing seawall and the deed described boundary lines. Lots 1 and 2, A REPLAT OF BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, Public Records of Pinellas County, Florida. TOGETHER WITH a portion of Hamilton Drive right-of-way vacated per Resolution no. 67-94. AND Unplatted lands lying in Section 8, Township 29 South, Range 15 East, Pinellas County, Florida Described as follows: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida and run thence West along the East and West centerline of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, 15.00 feet to the Easterly line of Coronado Drive; thence S.OS°32'30"W., 116.26 feet to the Northerly line of First Avenue; thence 5.84°27'30"E., 100.00 feet along the Northerly line of First Avenue and the Point of Beginning. Thence N.OS°32'30"W., 178.84 feet to a point on the seawall, said point also being Point "A" for the submerged land description; thence running with the seawall the following courses: 5.83°42'47"E., 78.40 feet; thence along the arc of a curve to the right having a radius of 159.25 feet, a delta of 36°34'S4", arc of 101.68 feet, chord of 99.96 feet, bearing 5.65°25'20"E.; thence 5.47°07'S3"E., 12.96 feet; thence along a curve to the right having a radius of 116.10 feet, a delta of 16°50'13", arc of 34.12 feet, chord of 33.99 feet, bearing 5.38°42'46"E.; thence S30°17'39"E., 107.53 feet; thence along a curve to the right having a radius of 52.45 feet, a delta of 8°25'14", arc of 7.71 feet, chord of 7.70 feet, bearing 5.26°OS'03"E. to the intersection of the South property line of said Lot 2; thence leaving said seawall, non tangent to the previous course, run along the South line of said Lot 2, N84°27'30"W. a distance 104.21 feet to a point; thence run 5.70°27'S0"W. a distance of 45.94 feet to a point of intersection with the Northerly right-of-way line of First Avenue; thence along said right-of-way line a distance of 128.00 feet, N.84°27'30"W. to the Point of Beginning. 13 Item # 5 EXHIBIT `B" Site and Building Plans 14 Attachment number 1 Page 14 of 21 Item # 5 Attachment number 1 Page 15 of 21 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2011, by Sea Captain, A Florida General Partnership, Donald F. Eifert, Partner ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of `Beach by Design," a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subj ect to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on 2011, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subj ect to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 15 Item # 5 2.1.1 A maximum of fifty three units, which is the number of hotel units allocate��'�'y��; � shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 32 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the proj ect ("Proj ect") and Developer's commencement of construction of the Proj ect, as evidence by a Notice of Commencement for the Proj ect. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governin� Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recordin�. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attornevs' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severabilitv. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WTTNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2011. 16 Item # 5 In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA : William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 17 Attachment number 1 Page 17 of 21 Item # 5 STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 1 Page 18 of 21 The foregoing instrument was acknowledged before me this day of , 2011, by He is [] personally known to me or has [] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2011, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: ig Item # 5 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF LTNIFIED USE (the "Agreement") is executed this day of 2011, by WITNESSETH: ("Developer"). Attachment number 1 Page 19 of 21 WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 20ll (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Proj ect"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Proj ect and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Proj ect, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Proj ect or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Proj ect as a single unified proj ect throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WTTNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2011. 19 Item # 5 In the Presence of: Print Name Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA : Print Name: Print Name As to "City" Attest: William B. Horne II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 1 Page 20 of 21 The foregoing instrument was acknowledged before me this day of , 2011, by He is [] personally known to me or has [] produced as identification. Notary Public Print Name: My Commission Expires: 20 Item # 5 Attachment number 1 Page 21 of 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2011, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [] personally known to me or who has [ ] produced as identification. 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I � ; �I _ _,� � � � �� i i � � � Ad t �n;�M�' � 9 � €�� u'n'.�'i �' 1 Attachment number 5 Page 1 of 6 Item # 5 Attachment number 5 Page 2 of 6 Item # 5 Attachment number 5 Page 3 of 6 Item # 5 Attachment number 5 Page 4 of 6 � so � ao ^ Ac�c> `V 2 0 � Cliy � _ � I ss r � 11 � � 13 R s�r nt 12 marin� q5606 � ,, � � O I__--- �__ p a r k i r i�� i o t—�_____ L i----� - i i i � I � � I Pier 60 i i City parking lot i i Marina "'ATER `°T, Q�Q I I � � �,4> �o�� I I I � I � � 58� A J, a sze � ss IC211[ GOVT LOT 3 � -—-— 35 I44 qs �6 �7 I90 I91 I92I93 �5$ 7Q5 GOVT LOT 4 �a�t I � 3?J03 �\ _ _ _ _ �a� ' �7}�9�15 P ARC L � 2 \ � �"�} � 1 �� a � O Beach – ► i�i ► ►' i � 6 V� � 3 h d i h -–__ F e i9 �_i 5, 4 Ig5 i96 ►9, �ap ro 2 d$ el�in 1 ote n 5 � —tn— — � Va�al�tsa Zo� ' � � s � ► (ap ro e9 n . o O — < — 20�LD��oo _ r . ht1 Z ^o D'e csh — - z�s �– �' �––– 2� v� g Q?� � e�,li g� 04914 a c d�ti'o�►s � ,,� � �o L _ 35 55 �_ — 216 h � — 8�j �o x SE_ _ � to2 E�I NS 221 4 Z � � ^ryo 11 ,� til C � '° � — 3 t�� ry�' 131 — 9 as 56 I 03 2� 52 ^h ^ ^ry � Ql ]�� 15 16 _ b'verrrt��kt_ � � 225� tac ecf � � " � � � � � � ^ ^ � � � � P -– c om�oc�a�ion �,�,� 1 d e img �" h _ _ � – – ! _ _ �datiio �° 50 ^"�,"�°'i so, 2 4s e4t�ac� c�`' � _ 7"H/RD S7- �o �h r – – _ � well s ��4 �� Existing Surrovnding Uses Map Owner: Donald F. Eifert and Eifert Properties, Inc. Cases: FLD2010-08004 DVA2010-08001 Site: 40 Devon Drive Property Size: 0.829 total acre 0.659 acre zoned Tourist PIN: 08-29-15-00000-320-0300 Atlas Page: 276A Item # 5 View looking NE from Devon Drive at subject properiy View looking NE at east side of subj ect properry (east portion zoned LMDR District) View looking NW at accessory docks on north side of subject ptoperiy (Ciry Marina in background) Attachment number 5 Page 5 of 6 View looking NW from Hamden/Devon Drive at subject property View looking SE at east side subj ect properry (eat porrion zoned LMDR District; 94 Devon Drive in background) 40 Devon Drive FLD2010-08004/DVA2010-08001 Page 1 of 2 Item # 5 View looking NW from Devon Drive at northern portion of 101 Coronado Drive W of subject properry (approved hotel) View looking S at Ciry parking lot S of subject properiy View looking E at detached dwellings at 94 and 98 Devon Drive S of subject properiy (properries zoned LMDR District) Attachment number 5 Page 6 of 6 View looking SW from Devon Drive at southern porrion of 101 Coronado Dr. (approved hotel; this area to be parking lot) View to S W at Ciry parking lot S of subj ect properiy (Aqualea/ Hyatt in background) of subject properry 40 Devon Drive FLD2010-08004/DVA2010-08001 Page 2 of 2 Item # 5 Attachment number 6 Page 1 of 1 RESOLUTION NO. 11-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Sea Captain, a Florida General Partnership; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Sea Captain, a Florida General Partnership, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of , 2011. Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Resolution NbelYtl �'6 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within Block 1 of E.P. Meritt's Addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 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. $�25 �06 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Adopt Ordinance 8226-11 on second reading, amending Chapter 22, Code of Ordinances, to allow for the sale, consumption or possession of alcoholic beverages on park property when permitted pursuant to an alcoholic beverage special events permit; in the downtown Cleveland Street area, and the possession and consumption of alcoholic beverages, but not the sale, in other limited special event areas. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 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 f�.�"P(�117 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 beveraqe 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 a� where the city is a sponsor or co-sponsor of the event1 or at a special event takinq 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, includinq the contiquous riqhts-of-way and Ordinance f�.�"P(�117 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) Diaqram depictinq areas within the event venue within which beveraqe 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) ��ea�e�� The consumption and possession of alcoholic beveraqes as defined in section 6.21 may be permitted in accordance with an alcoholic beveraqe special event permit in areas specifically depicted within an event venue diaqram as required by section 22.89(4)(c). Under no circumstance shall such beveraqes 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 f�.�"P(�117 Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 4 of 4 Ordinance f�.�"P(�117 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Adopt Ordinance 8228-10 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 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, Plat Book 33, Pac 09010) Block 13, according to the map or plat thereof as recorded in e 57, Public Records of Pinellas County, Florida (ANX2010- 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 # 8 Ordinance No. 8228-10 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 Attachment number 1 Page 2 of 2 Item # 8 Ordinance No. 8228-10 Attachment number 2 Page 1 of 1 i,q ,0.2 : a a a s s rr m� . e' ".a '' yo' ��1 � �". � 1 � � , m •` t' F i m 2 $ SC077a$7`.' � � r��u 4420 W � n a $�� (Q��O lo. `�m�•. F�' .74Rh•'I N � $ z � �2� F �+ !� F, ' Fe' ^� \�.. • - � � . � • � � .. • • � ��., ,� F b �g�� 5 14�1 2 3 4 ;6' .6 •7; .�- ,f.. 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T6 17 ie 39 . � � �i ";, -� e 1320 20 7 •;� � +�; � a 5 ev rn 1317 � �.�,:•- - 2 � 10 1i 75 14 73 72 11 10 9 8 ' 7.' g �� '.�• �z� � 'l 1 � f316 e°o b ° 9 �• ' • Q m �- ~ `O 131B �' ,S. 3. e• 3 - GENTRY ST j�+ �. ,� �, � � � � W ��' - :'.:: � � � rsaa � .'.- � .ssoa{ M Tso4 9aos Q :4�05 Y� .: : r , .- � � 2 1 16 17 1� 19 20 3 y 3 4 5 � j'-• ` 13 14 � -• �y �.'�' •��`, Y2• -. T$� i301 �4 13 i2 ii 10 9 $ � s �"IaQT '• • .��; , 130� 1300 � � •� ; CARROLL ST 3so�a . . �' S N � �. ri r. y m�ul�. ��:'Y-- '•.2 r'� _-4- ., -'� �� 4. `. .'. 1280 n e�. -: '. -' :.• ��'_ F m� �. B 7 • r �.b••� 4 5 8 g � ' Y'. 3 4 ��.''a; '12x'r. �• •��..�• �, . 13 �g � i5 48 ;5 ' ��.. . 8':. L� PROPOSFD ANNEXAT�ON IIAAP Owner: Raquef WiEliams Case: ANX2010-09010 rron�+r s,� �n��>: 0. l 7 Site: 1605 Sherwood Streefi s;�R-o-W �A«�>: � � g Lancf Use Zoning PIN: 1 1-29-1 5-39096-0 i 3-Q020 From : RU R-3 To: i2U LMDR Atias Page: 2706 EXHIBIT "Arr 5:1Planning DeparqnentlC D B1Anneasations (AN?�IANX - 20101ANX2010�09010 - 1605 Shenvood St. - WilliamslMapslProAl�X2p 10-09010.doc Item # 8 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Adopt Ordinance 8229-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 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: Propertv Land Use Cateqorv 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 # 9 Ordinance No. 8229-10 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 9 Ordinance No. 8229-10 Attachment number 2 Page 1 of 1 � RC� �• � �U � � '� • � R � scorr �` • � � '#2� � a, o: � �, ' . .�,p�.�.�• d421?�:,.' N � x � � �p iAZO �n �n ii u' . �� O $. • �o n M �'� jj ..• � . - ';c ' `° w m � � � a � 142i ' ,r ' 1415 • - �. . '' . ," W �. ,� �L ' ��.' `� ��• 'y''� Q aair 14�s W � � . � ;$ � �� = :' : - RU � .�- 'n ^ � m . �..•• ��. n' �•� 94i6 - Z 14?3 �. s'. .I CROVI�,N_$� ' - :� •oi�:." RU �Z„ O -. � J � � ' ' '� � �, ^ ^ ° - - t�4? : 1404 � l�� y �� -�� .m..` �� -: . ' �'; • r'. • r ".' ' i404 1400 . i40S � �,7 � � �n ,$', �� 'N.' ;.�'� w � � �� " �l4b0- � SHERWOOD ST . ' :,; • - - .#- � � � ; � e ,� � R� N . . . U �L � �:��:-;:-� i320 r� 13i7 - � _ � �3,6 � o o � � RU �.N= _ . . - ;:� � � � � � W .Q,. l315 ' _ ' �' GEN7"RY S T Q• j� CW7 � � � . � f ❑ - -. . .- ,3� �3� R� � �.�� :':° � RU s- . rsoo rsor ''°s�'; - - -. 3 ° tsa3 �� e 13W �� CARROLL ST ' ' - , .res � . -- j; : � � �' - - azso � " � .�. . 2 _�a`�•.�" . • - J _ • RU '�; •l�j:: =. . ,,, ��, � FUTURF LA �VD USE Owner: Raquel Williams Site: 1605 Sherwood Street L�nd Use From : RU To: RU Zoning R-3 LMDR Case: Praperty Size {Acres� PIN: At�as Page: ANX20 ] 0-09010 0.17 13-29-15-39496-013-0020 270B EXHIBIT "A" V:1GIS1PianninglPlanningReyuestslAnnexationslANX2010-{}90101F1uANX2014-09010.doc Item # 9 I City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Adopt Ordinance 8230-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 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) Zoninq 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 # 10 Ordinance No. 8230-10 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 10 Ordinance No. 8230-10 � � � � Attachment number 2 Page 1 of 1 � �� - - � � � 6 � � y N N �1 � SCD�F ,�' _ _ .'ftipq' w �e � � � a �r{q �1 '� "� ,��+ n'• � �� '+�� " ��':, ��T�,.•. d41D•• � � z� z l n • y� . �x�O"' ' , `^ m 1421 _ - r'� ,� •,. . i415 - tars LLl � ;� ; ° � ;�` : .'•.: ; ; �m. �; . '.t's�-� Q taT� ¢ `�' •�'�.•, `n ^ `'�' y• �•.••,,• •$• � �• .n' �^ y 14ifi - � i4i3 oq CRO �.$fi.'�'_�"�''�:.•-� �-'-' �•osis'.-_: !Z. �ao4 3 �4w:�= �•• .�� - �• ' � � . : �° .. .- � . � ; ; � . -=za�: � t :`�.� ' r.: , ��` �^ ' ' ' tf 05 • 1404 1400 1401 � � v��i u�n-, • ,� ` . � . ti` . . �O '�° � . �•t , 74�• � sHERw000 sr . - •;. � � � � � o� �� , �, �, �, � ,� � � � - . � � •�. :-..... 132p �' 1317 - - - - - - 1321 i3f6 � � � � � �++' . � y. , •re � M h . m m � w �� oa �o 13l6 , _ ' �' GENTRY ST Q � -- asoa p , ;- , r3oa rsos L � ;r�'a's�• � 1- �soo. rsai � N � 73Q,1; - _ _ i303 � � e 1300 �� +. caRRO« sr _ �. .�es � r2so � ' � � � � . - • .; - , f . •`J22i,- - zoN�N� Owner: Raquel Williarr�s SEte: 1605 Sherwood Street Land Use Zoning From : To: ,i�� RU R-3 �MDR Case: Property Size (Acres�; PIN: Atlas Page: ANX2010-09010 0.17 11-29-15-39096-013-0020 EXHIB�T "Arr V:1GIS1�lanninglPlanning ReqnestslAnnexationslANX2010-09010`ZonANX2010-09014.doc 2708 Item # 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve a memorandum of agreement between the Pinellas County Health Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30, 2011, to provide funding and staff for various health department initiatives sponsored by a federal grant entitled Communities Putting Prevention To Work (CPPW); establish a new Special Program (181-99869) entitled Prevention and Public Heath PCHD, for an amount not to exceed $35,185 for the period of this agreement; approve the addition of one full-time specialist position to be funded by PCHD; authorize the City Manager or his designee to extend the agreement for an additional 15 months from July 1, 2011 to September 29, 2012; and authorize the appropriate officials to execute same. (consent) SUMMARY: The PCHD received a two -year federal grant totaling $4.85 million dollars to spend on local anti-obesity programs focusing on policy changes to promote physical activity and improved nutrition. The PCHD desires to use some of the grant funds to establish four full-time positions to be located throughout Finellas County with one being in the City of Clearwater. Approval of this agreement will allow PCHD to establish a program and position in Clearwater. The City will be responsible for hiring and supervising the position, which will be stationed at the Long Center. All costs associated with this program will be covered by PCHD. The person hired for this program will work with all city departments to develop and implement wellness policies and environmental changes in the work place and community. This agreement covers the period of February 1, 2011 to June 30, 2011 and staff is requesting authority to approve an identical agreement for period July 1, 2011 to September 29, 2012. At the end of the program, the position will be eliminated. It is anticipated that the City will have some well-defined policies and programs in place that will be self-sustaining and focused on continued workplace and community wellness. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Funds will be reimbursed by PCHD similar to other grant projects (JWB). Current Year Cost: $35,185 Annual Operating Cost: Not to Exceed: For Fiscal Year: Appropriation Code 181-99869 Review Approval: $35,185 2010 to 2011 Amount $35,185 Total Cost: Appropriation Comment Funds reimbursed from PCHD. Yes -0- $35,185 Cover Memo Item # 11 , �: + , � � s•� " �� s Attachment number 1 Page 1 of 16 <�`��"��'��' .� ,�"�r� �� .��'��<� �=��`�� :��, ��r� �� 3 ��x�� '�� ,�� ,� ��,,��.��f��,; �f��..?w:��a .�f`i4:M��tn�P ;a�l��k4..�£��.�. i�'tk�x ��9�l�;�° �f��`�"��. 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';"�4�.i' ,'t.}; t lE.a�is:4 ' � f� ,� 3 �; - ��.-ti ,�'{i � .r I 3;<,�I��aCCC.'�'. ��'`€'°�>�II ! .�� t`� �.,�El�,tl$.,P° � �'�1'!Y".. 1 �� "�.�ti � t�?'L;.!C�.t�P i; �'t11�.'`,��.�I#._t��.�::� l., Lt�,l ci:.�° —� �itl � ; , tS _`�,1 i P�� 4„i�a.9� �c't" �"s' .I t � �° _. � � .��i ti �� ,, Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City, authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and/or equipment have been replaced as necessary and are no longer required. Item 7 on the surplus listing, Jeep, will not be replaced. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Type: Other Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Appropriation Code Amount 0566-00000-364413-000-0000 To Be Determined Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Sale Proceeds None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 12 Fleet Surplus for Council Meeting Attachment number 1 Page 1 of 2 REASONFOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS 1 DISPOSAL 1 G2819 2004 Toro Groundmaster Mower 240000153 2857 HRS GE/CONDITION/REPLACED 2 G1511 1995 Ford F350 Crew Cab 1 FTJW35H6SEA64777 85902 GE/CONDITION/REPLACED 3 G2016 1999 Ford F250 Pickup 1 FTNF20L4XEC03397 99811 GE/CONDITION/REPLACED 4 G2962 2005 Chevrolet 2500 Pickup 1GCHC24VX5E246194 123743 GE/CONDITION/REPLACED 0 0 0 0 � m � G2636 G0222 G2898 G2510 G3289 G3291 G3292 2003 1951 2003 2002 2006 2006 2002 Ford F450 Utility Truck Willys Jeep Chevrolet Malibu Chevrolet Impala HD Patrol Motorcycle HD Patrol Motorcycle HD Patrol Motorcvcle 1FDXF46S73EC65630 17659 1 G1 ND52J73M652469 2G1 WF52E829327116 1 HD1 FHW1X6Y691449 1H D1FHW156Y689771 1H D1FHW186Y690929 107393 42593 75827 78480 36683 38649 27304 E/CONDITION/REPLACED AGE/NOT REPLACED E/CONDITION/REPLACED E/CONDITION/REPLACED E/CONDITION/REPLACED E/CONDITION/REPLACED E/CONDITION/REPLACED Item # 12 Attachment number 1 Page 2 of 2 Item # 12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve the Award of Bid OS-ll (Installation of Gas Mains, Service Lines and House Fiping at Various Locations) in the total amount of $1,048,550, approve a Purchase Order in the amount of $939,050 for the installation of gas mains and service lines at various locations to Florida Gas and Electric Corporation for the period February 1, 2011 to January 31, 2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas and Electric Corporation (FGE), 8011 Land O'Lakes Boulevard Land O' Lakes, FL 34638, was one (1) of two (2) bidders on Bid OS-11, with an actual bid of $1,048,550. Mastec North America, Inc. was the other bidder with an actual bid of $1,007,800. The reason Mastec is not being recommended for the award of this bid is due to the following reasons: Mastec has not supplied an executed Operator Qualification (OQ) plan to Clearwater Gas System (CGS). We have only seen a generic form of their OQ plan; therefore, have no means to verify its authenticity. OQ plans and certification of personnel who work on natural gas lines are required by the U. S. Department of Transportation Office of Fipeline Safety (OPS). Mastec does not conduct live tie-ins to CGS's existing natural gas distribution system; therefore, CGS must follow up and make the tie-ins. CGS believes that this added CGS cost exceeds the difference between the FGE and Mastec bids; hence, making the overall FGE bid actually lower. Mastec did not provide sufficient documentation to demonstrate that they have a sufficient random drug testing program their sub- contractors as required by OPS. CGS already has a contract (Purchase Order) with Mastec for our South area gas mains and service lines; therefore, awarding the second contract to Mastec would not provide a backup contractor in case of an emergency or contract interruption. CGS has concerns over Mastec's ability/manpower to handle both north and south gas contracts simultaneously. Mastec has not demonstrated satisfactory inventory control in recent audits. FGE has demonstrated satisfactory performance on all of the above items during their prior contract with CGS. The total FGE bid of $1,048,550 is being split into two (2) purchase orders. This one to be approved by City Council in the amount of $939,050 for the Installation of Gas Mains and Service Lines at Various Locations and another in the amount of $109,500 for house piping and associated Item for Resale work which will be approved by the CGS Managing Director, as customers are charged for Underground House Fiping after the outlet side of the gas meter. All material will be provided by Clearwater Gas System and issued to FGE. Funding is available in Pasco New Mains and Service Lines 315-96378 and Finellas New Mains and Service Lines 315-96377 to cover both of these purchase orders. Appropriation Code 315 -96377 315-96378 Amount $281,715 $657,335 Appropriation Comment Finellas New Mains and Service Lines Pasco New Mains and Service Lines Cover Memo Item # 13 Bid Required?: Yes Bid Number: OS-11 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager Approval: ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 13 tr ` Y� ,� 't�` � �t d�' ��'�� ti� � � ��i��'�'��q b, r � � i t � r ,� i � , i�1��z i�rs s t i> >��, � �� ' � �:'�i �� t�i (�y�j�l��,5� i �� l�� ,` �� F t ,�� ,4�Si ��zl,y' {�, � r' �l'1 is i�F�� t {,A'_ ,l,„ t � t� i �iio-. � i r,r ,` � , ( `r Y. CONTRACT DOCUMENTS FOR Clearwater Gas System Installation of Gas Mains, Service Lines and House Piping at Various Locations Bid Number: OS-11 Bid Date: December 15, 2010 Bid Time: 11:00AM Prepared by: Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33758 Attachment number 1 Page 1 of 105 Item # 13 Section Desc�iption 00020 00100 00100.01 00100.02 00100.03 00100.04 00100.05 00100.06 00100.07 00100.08 00100.09 00100.10 00100.11 00100.12 00100.13 00100.14 00100.15 00100.16 00100.17 00100.18 00100.19 00100.20 00100.21 00140 TABLE OF CONTENTS INVITATION TO BID INSTRUCTIONS TO BIDDERS Qualifications of Bidder Bidder's Responsibility Site Conditions Omissions and Discrepancies Bid Items and Estimated Quantities Approved Materials and Equipment Sample of Materials Proposal Form Withdrawal of Proposals Bid Security Opening of Proposals Method of Award Execution of Contract Time of Completion Liquidated Damages Extensions of Time Certificate of Insurance Detailed Breakdown Sheet and Schedule of Prices Existing Materials and Equipment Qualifications of Bidders Standards SUMMARY OF INFORMATION TO BIDDERS 00140.01 Obtaining Plans and Specifications 00140.02 Owner 00140.03 Contract 00140.04 Bid Security 00140.05 Time of Completion 00140.06 Insurance Required 00140.07 Scope of Work 00300 BID FORMS 00310 Proposal Form 00320 Bid Schedule Attachment number 1 Page 2 of 105 Page 00020-1 00100-1 00100-1 00100-1 00100-2 00100-2 00100-2 00100-3 00100-3 00100-3 00100-4 00100-4 00100-4 00100-4 00100-5 00100-5 00100-5 00100-5 00100-6 00100-6 00100-6 00100-6 00100-6 00140-1 00140-1 00140-1 00140-1 00140-1 00140-1 00140-1 00140-2 00300-1 00310-1 00320-1 Item # 13 Section Desc�iption 00300 00330 00340 00400 00410 00500 TABLE OF CONTENTS BID FORMS (Continued) Florida Trench Safety Act Acknowledgment Public Entity Crimes Statement BID SECURITY Certified Check, Cash or Bid Bond CONTRACT FORMS 00510 Agreement 00520 Contractor's Affidavit 00530 Contractor's Release 00540 Statement of Surety Company 00600 BONDS AND CERTIFICATES 00610 00620 00700 00700.01 00700.02 00700.03 00700.04 00700.05 00700.06 00700.07 00700.08 00700.09 00700.10 00700.11 00700.12 00700.13 00700.14 00700.15 00700.16 00700.17 Performance - Payment Bond Certificate of Insurance GENERAL CONDITIONS Definitions Extent of Contract Obligations of Contractor Subcontracts Separate Contracts Bonds Additional or Substitute Bond Insurance Proof ofInsurance Accidents and Claims Mutual Responsibility of Contractors Contractor's Liability Familiarity with Contract Requirement Patent Rights Permits and Licenses Laws and Regulations Dimensions and Elevations Attachment number 1 Page 3 of 105 Page 00330-1 00340-1 00410-1 00510-1 00520-1 00530-1 00540-1 00610-1 00620-1 00700-1 00700-2 00700-2 00700-3 00700-3 00700-3 00700-4 00700-4 00700-5 00700-5 00700-5 00700-6 00700-6 00700-6 00700-7 00700-7 00700-7 Item # 13 Section 00700 00700.18 00700.19 00700.20 00700.21 00700.22 00700.23 00700.24 00700.25 00700.26 00700.27 00700.28 00700.29 00700.30 00700.31 00700.32 00700.33 00700.34 00700.35 00700.36 00700.37 00700.38 00700.39 00700.40 00700.41 00700.42 00700.43 00700.44 00700.45 00700.46 00700.47 00700.48 00700.49 00700.50 00800 00900 TABLE OF CONTENTS Description GENERAL CONDITIONS (Continued) Plans, Specifications and Shop Drawings Drawings and Specifications Furnished to Contractors Working Schedules and Progress Charts Supervision and Responsibility of the Contractor Serving Notice Authority of Engineer Observation of the Work Examination of the Work Protection of the Work and Property Use of Completed Portions The Owner's Right to Do Work Alteration of Plans Unauthorized Work Claims for Extra Cost Changes in the Work Extra Work/Increased Compensation Suspension of Work Defective Work or Materials Abandonment of Work Forfeiture of Contract The Owner's Right to Terminate Contract Contractor's Right to Stop Work or Terminate Contract No Waiver of Contract No Estoppel Time for Completion Completion of Work Defined Delays and Extensions of Time Liquidated Damages Prices Partial Estimates and Payments Payments Withheld Liens and Final Payments Final Approval and Acceptance of the Work SUPPLEMENTARY CONDITIONS ADDENDA Attachment number 1 Page 4 of 105 Page 00700-7 00700-8 00700-8 00700-9 00700-10 00700-10 00700-10 00700-11 00700-12 00700-13 00700-13 00700-13 00700-14 00700-14 00700-14 00700-15 00700-15 00700-16 00700-16 00700-16 00700-17 00700-17 00700-17 00700-17 00700-18 00700-18 00700-18 00700-18 00700-19 00700-19 00700-19 00700-20 00700-21 'll:ll 00900-1 Item # 13 TABLE OF CONTENTS Section Desc�iption DIVISION 1 GENERAL REQUIREMENTS 01000.01 01000.02 01000.03 01000.04 01000.05 01000.06 01000.07 01000.08 01000.09 3 01000.10 01000.11 01000.12 01000.13 01000.14 01000.15 01000.16 01000.17 01000.18 01000.19 01000.20 6 01000.21 02005 02221 02574 02685 02696 02935 Traffic Control Materials, Equipment and Labor Progress Photographs Standards Storage of Materials and Rights-of-Way Utilities Safety and Health Regulations Use of Chemicals By-Passing of Sewage Dewatering and Sewage Pumps Lines, Grades and Construction Surveying Tests Water and Power Monuments and Landmarks Detours Existing Utilities Sanitary Measures Cleaning Up Failure to Clean Up Restoration of Surface Project Record Drawings MOBILIZATION TRENCffiNG, BACKF'ILLING & COMPACTING FOR UTILITY SYSTEMS PAVEMENT REMOVAL & REPLACEMENT NATURAL GAS PIPELINE INSTALLATIONS DIRECTIONAL DRILL UTILITY PLACEMENT SODDING Attachment number 1 Page 5 of 105 Page 01000-1 01000-1 01000-2 01000-2 01000-2 01000-3 01000-3 01000-3 01000- 01000-3 01000-4 01000-4 01000-4 01000-4 01000-5 01000-5 01000-5 01000-5 01000-6 01000- 01000-6 Item # 13 BI1) RESPONS�: FORM (05-11) Itean (�ua��ity Descri�tion 1 1 I..O�' INSTALI�A'I'ION OF GAS 1VIAINS, SF:RVICF I.INF,S, AND HOUSE PIPIN(� (�er t�e at�ached S�aecifications and Bid Res�onse For�s) C"ontae� g3rian Lanbal�e at 7271562-4911, for any iechnical questions regarding �his t�id. Start date: I'ayment'I'eras�s: Net 3E) Days Please return two (2) cot�ies of Bid Kesponse F.O.I3. Ci,EAiZdi'AZ'��2 �3IDDEK 12EPI2ESENTATION Attachment number 1 Page 6 of 105 i represent that tl�is bid is s�zbmitted in corrlpliance w�th all terJns, cor3ditions and specific�tions of the Invitation for Bid and that I�rn authorizcd by the owners/princ�pals t�o execute and suUmit This bid on behalf of the business ident�fied beiow. �3IJSINFSS NAIi!IE: ��;_Iorida Caas & �?Icctric C'c�r� ST'RE�:�' A�I)KF�SSe 8Ui 1 i,anc� O'I,akes �3oulcvard C'I�'�', Sri'A�'E, ZIY C'ODF: Lanc� C)'I,akes I��'L 34638 I'I2iN�'/T�'�'E N�1�F �� AI7�'I�ORI7Ell RF..P: I)avid L. IZuny,an "�'II'LF/POSITIQI� O�' A�1T�iORI7F,I� SIGNA'I'I1R� �F �i1i�-IOI2IZE� I2FI' DATE SL1I31l�I'�"TI:�o Dece�nber 14. 2f�1 PHE)1l�E 1lT�: 813 996-(�019 FE1X N�): 813 -996-2�19 -3- Item # 13 Attachment number 1 Page 7 of 105 SECTION 00020 INVITATION TO BID Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until on at which time and place they will be publicly opened and read aloud in the Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing necessary labor, materials, incidental items, and equipment for the City of Clearwater: Gas System, Installation of Gas Mains and Service Lines at Various Locations. Specifications and Contract Documents may be obtained from the City of Clearwater, Florida 33756, at no charge and are available on-line @ www.mvclearwater.com under the "Services" link at the top, or go directly to the following link to view all active bids: http://www.myclearwater.com/a�s20/city�rojects/invitationtobid.aspx Questions regarding this bid should be directed to Brian Langille, Operations Manager - (727) 562-4911. Sealed bids must be submitted on proposal forms as provided (or exact copies thereo� marked Installation of Gas Mains, Service Lines and House Piping at Various Locations, for the City of Clearwater, Florida. All proposals must be accompanied by a certified check, bank draft, or bid bond in the amount of ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten (10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater for the services proposed to be performed and will at that time furnish performance and payment bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the contract. Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for a period of ninety (90) days after the date of the opening of bids. Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge. The City of Clearwater reserves the right to waive any informalities or to accept or reject any or all bids in part or in total and award the contract in the best interest of the City. : Date: 1 Item # 13 Attachment number 1 Page 8 of 105 SECTION 00100 INSTRUCTIONS TO BIDDERS 00100.01 QUALIFICATIONS OF BIDDERS Bidders shall have successfully completed two (2) contracts for similar work in an amount not less than one hundred per centum (100%) of the amount of the proposal contract during the past three years. Bidders shall have received Contract Documents from the Engineer. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner any additional information and financial data for this purpose as the Owner may require. The data shall include a detailed and up-to-date list of equipment the bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program of the work he proposes to follow. If such an investigation fails to satisfy the Engineer or Owner that the bidder is properly qualified to complete the work described in the drawings and specifications or to meet the financial obligations of such a contract, the bid may be rejected. In the event the bidder fails, refuses, or neglects to submit the requested additional information within ten (10) days of the date of any request for submission, the bidder's proposal guarantee shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages. OO100A2 BIDDER'S RESPONSIBILITY Each bidder shall familiarize himself with all the attached forms, Instructions, General Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself with conditions affecting the work, all utilities in existence to which connections are to be made, all other requirements of the contract, and obtain all information necessary for completion of the work on or before the date specified. Each bidder shall also make himself familiar with all Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner affect the work, those engaged or employed in the work, or the materials or equipment used in or upon the work. If the bidder or Contractor shall discover any provision in the plan, specification, or other contract documents which is contrary to, or inconsistent with, any such law, ordinance, rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall not at any time after the execution of his contract set up any claims whatever based upon insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under the contract, and he shall assume all risks resulting from any changes in the conditions which may occur during the progress of this work. 00100.03 SITE CONDITIONS 2 Item # 13 Attachment number 1 Page 9 of 105 Any information on site or soil conditions made available to the prospective bidders through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil conditions at the job site, be accepted as a basis in any claim for extra compensation. 00100.04 OMISSIONS AND DISCREPANCIES Should a bidder find discrepancies in, or omissions from the drawings or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer. All notice of omissions or discrepancies or request for clarification must be forwarded to the Engineer in writing not less than six (6) days before the advertised date of the opening of bids. Such clarification and corrections as are necessary will be issued in the form of an Addendum to the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the Owner will be responsible for any other explanation or clarification of the Contract Documents. 00100.05 BID ITEMS AND ESTIMATED QUANTITIES The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work specified to be done under that item. All work herein specified or implied in any way in the drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. 00100.06 APPROVED MATERIALS AND EQUIPMENT 3 Item # 13 Attachment number 1 Page 10 of 105 Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the materials or articles so named, and that the Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard named materials or articles and no other. To assist the Engineer in making an adequate evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed information and data on the items he proposes to furnish as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identification, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate material, article or piece of equipment shall not be purchased or installed by the Contractor without the Engineer's written approvaL Any revisions to the Drawings as a result of alternate equipment shall be at the expense of the Contractor. 00100.07 SAMPLE OF MATERIALS Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and conformity to the plans and specifications. 00100.08 PROPOSAL FORM All bids must be submitted on photocopies of the proposal form bound within these specifications. No proposal will be considered which is submitted otherwise than on the prepared proposal form and in the designated manner. The blank spaces in the proposal shall be filled in correctly where indicated for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated, and the total amount for all the parts included in any or all of the combinations of the work. In case of discrepancy, the written words or "Unit Price", where stated, shall be considered as being the bid price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in addition to his signature his post office address must be shown; if made by a firm or partnership, the post office address of each member of the firm or partnership; if made by a corporation, the person signing the proposal must be President or Vice-President of the corporation. No proposal will be considered which is not based upon the complete plans and specifications, or which contains any qualifying letter or written memorandum not permitted in these specifications, or which is not properly made out and signed in writing by the bidder. The proposal shall be submitted in a sealed envelope bearing the name of the Contractor and describing the project for which the proposal is being submitted. Proposals will be accepted by registered mail, and then only if the proposal is enclosed in another sealed envelope contained within the mailing envelope and is delivered to the Owner prior to the time established for opening bids. 4 Item # 13 Attachment number 1 Page 11 of 105 00100.09 WITHDRAWAL OF PROPOSALS Bidders will be given permission to withdraw any proposal after it has been received by the Owner, provided the bidder, or his agent duly authorized to act for him, personally appears before the Owner with a written request prior to the time set for the opening of bids. At the time set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder. 00100.10 BID SECURITY Each proposal must be accompanied by the bidder's bid bond or certified check made payable to the Owner in the amount specified in the proposal form, which sum will serve as bid security and will be forfeited to the Owner as liquidated damages in the event an award is made and the contract and bonds are not promptly and properly executed as required in the specifications. All certified checks, except those accompanying the two lowest bids, will be returned by certified mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the signing of the contract be deferred for a period exceeding two (2) weeks, and the second low bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will be returned within three (3) days after the Owner and the successful bidder have executed the contract. In the event no contract award is made within the time limit specified, each certified check or bid bond will be returned upon the demand of the bidder. 00100.11 OPENING OF PROPOSALS All proposals will be publicly opened and read, on the date, at the place and commencing at the time stated in the advertisement. Bidders or their authorized agents should be present. The Owner reserves the right to reject any or all bids or parts thereof. Proposals may be rejected if they show any omissions, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. Proposals in which the prices are unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve his interests. 0010012 METHOD OF AWARD Bids will be compared on the basis of the total costs of estimated quantities established in the proposal form, constructed at the unit or lump sum prices bid for the various items listed. The contract will be awarded to that responsible bidder whose proposal totals the lowest number of dollars for a complete installation. The successful bidder will be officially notified in writing by the Owner of the acceptance of his proposal and award of contract. This notification will be made within the time limit set up in the contract documents. 5 Item # 13 Attachment number 1 Page 12 of 105 0010013 EXECUTION OF CONTRACT The bidder to whom the contract is awarded must, within ten (10) calendar days following Notice of Award, present himself to the place designated in the official Notice of Acceptance, for signing of the contract, and to substitute for the bid security, a surety performance and payment bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the execution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida. If the lowest responsible bidder to whom the contract is awarded fails to give bonds or execute the contract within the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a penalty but as liquidated damages. 00100.14 TIME OF COMPLETION The successful Contractor shall commence work under his contract on a date to be specified in a written order from the Owner or his authorized representative, which order will also establish the completion date in accordance with the total number of consecutive calendar days established as a working period in the proposal. The Contractor shall have at least two (2) weeks notice of this commencement date and shall fully complete the work described in these plans and specifications on, or prior to, the completion date. If the Contractor fails to commence work within seven (7) days of the announcement of the official starting date, this shall be just cause for the annulment of the contract. 00100.15 LIQUIDATED DAMAGES Should the Contractor fail to complete his work on or before the expiration of the date set for completion or as provided in the Contract Documents covering extension of time, then the Owner may retain as liquidated damages the amount established in the proposal form, which amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated and the sum is not to be construed as in any sense a penalty. 00100.16 EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his employees, or by any other contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by 6 Item # 13 Attachment number 1 Page 13 of 105 delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No such extensions of time shall be deemed a waiver by the Owner of its right to terminate the contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The Owner shall determine the number of calendar days, if any, that the Contractor is in default in completing the work to be done under this contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the contract. 00100.17 CERTIFICATE OF INSURANCE The successful bidder shall submit certificates or other documentary evidence to the Owner for approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of Information to Bidders." 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet and schedule of prices of the proposed construction work. Until the Owner approves the breakdown, the Owner will not be obligated to make any payments to the bidder. 00100.19 EXISTING MATERIALS AND EQUIPMENT All existing materials and equipment not specified for the complete construction of the project, or shown on the plans to be retained or reused, shall remain the property of the Owner and shall be placed on the project site as the Owner may direct. 00100.20 QUALIFICATIONS OF BIDDERS In addition to qualifications previously set forth in these specifications, no bid will be considered unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the Municipality, County, and the State of Florida. 00100.21 STANDARDS This project shall be completed in accordance with these specifications unless noted or otherwise directed by the Owner or his authorized representative. The decision of the Owner in interpreting these specifications shall be final. � Item # 13 Attachment number 1 Page 14 of 105 SECTION 00140 SUMMARY OF INFORMATION TO BIDDERS 00140.01 - OBTAINING PLANS AND SPECIFICATIONS Specifications, Proposal Forms, Drawings, and other contract documents may be examined at the City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida, 33756. A complete set of bidding documents may be obtained at the office of City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756. 00140.02 - OWNER The Owner for this project is the City of Clearwater, 100 South Myrtle Avenue, Clearwater, Florida, 33756. 00140A3 - CONTRACT The contract is entitled "Installation of Gas Mains, Service Lines and House Piping at Various Locations". 00140.04 - BID SECURITY Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid total, made payable to the City of Clearwater. All bids may be held for a period of days after receipt. 00140.05 - TIME OF COMPLETION The time of completion for this contract is February 1, 2011 to January 31, 2012. 00140.06 - INSURANCE REQUIREMENTS The insurance requirements for this contract include but are not limited to the following: Liabilitv Insurance. The following Liability Insurance shall be provided, paid for, and maintained during the entire contract period: 8 Item # 13 Attachment number 1 Page 15 of 105 Comprehensive General Liability and Auto Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limit Bodily Injury and Property Damage Liability Insurance. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida Law. Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the type of business engaged in by the vendor, shall be purchased and maintained by the vendor with minimum limits of $500,000 per occurrence. Additional Insured. The City is to be specifically included as an additional insured on all Liability Insurance coverage described above. Notice of Cancellation or Restriction. All Insurance policies must be endorsed and provided to the City with thirty (30) days notice of cancellation or restriction. Certificates of Insurance/Certified Copies of Policies. The contractor shall provide the City with a certificate or certificates of insurance showing the existence of the coverage described above. The contractor shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by the City in writing, the contractor will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, or obtained from other insurers. The certified copies will be provided to: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 34618-4748 The contractor 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 any performance under this contract, or a subsequent purchase order entered into by the City and the contractor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely responsible for complying with the terms of this contract or purchase order. In addition, the contractor shall, at its expense, secure and provide to the City, when requested all insurance coverage in this contract. Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any contractor, bidder or provider of services and/or products to the City. 9 Item # 13 Attachment number 1 Page 16 of 105 00140.07 - SCOPE OF WORK The work to be performed under these contracts shall consist of the furnishing of all labor and equipment necessary to satisfactorily complete the City of Clearwater: Installation of Gas Mains and Service Lines at Various Locations, including written logs and testing in accordance with these plans and specifications. All workmanship shall be fully guaranteed for a period of one year after date of acceptance by the Owner. All Testin� shall be paid bv the Contractor. All Professional Survevin� shall be paid by the Contractor. 10 Item # 13 SECTION 00310 PROPOSAL TO: City of Clearwater Attachment number 1 Page 17 of 105 The following proposal is submitted in accordance with your advertisement inviting proposals to be received until for the construction of Installation of Gas Mains, Service Lines and House Piping at Various Locations. Having carefully examined the contract documents together with all addenda or bulletins and being familiar with the various conditions of the work, the undersigned herein agrees to furnish all materials required and to perform all labor necessary to satisfactorily construct the "Installation of Gas Mains and Service Lines and House Piping at Various Locations" in accordance with the plans and specifications for the unit prices stated herein. Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten percent (10%) of the bid total drawn upon the BANK and made payable to the City of Clearwater, to serve as bid security. The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made in the interest or in behalf of any person, firm, or corporation not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned Bidder agrees to accept the unit prices as full compensation for work performed. ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during the bidding period, if any: Addendum #1 Dated: Addendum #2 Dated: Addendum #3 Dated: 11 Item # 13 n r r�,s r: �, }` ° �.t � � .�'. . .w , . t��--� _. ----- �„ C'oiporatc. Sc�r�tas-} AI�i;IX <:()Rl'()IZA? 1� SI?�11,. if a corpo�ation � Florida Gas « E1..ectric Corp. -- - __—. I3idder's I3usines5 Na��c � Iiy:� �� "�:' '��' �� n �, ',�it� ` e .. Otf c,i ci- (oi� Pri1'icipal) ' ` "i'itic Vice T�res7.dent 8011 Zand O' L-akes B:I.vc�. . -a.�_..___ I3usi��css Address Land 0`I,akes F'L 34638 I3usiness C �t�/Stat�%�ip Code [813] 996-0019 _._, _ ..__ B�isiness '1'elephoii� Number Attachment number 1 Page 18 of 105 Item # 13 Attachment number 1 Page 19 of 105 City of Clearwater Clearwater Gas System Construction Contract Base Price: The base price includes all necessary construction, including live tie-in connections in order to provide a complete main or service installation ready for the transportation of natural gas according to Clearwater Gas System (CGS) standards/operation and maintenance manual. The Contractor shall furnish all equipment, tools and services, all gas related materials will be furnished by CGS, and are applicable to stringent inventory control. Material shortages will require monetary reimbursement to CGS. The following prices are for (PE) plastic mains and service lines with excess flow valves. They may include installation of PE tapping tees, 3-way tees and 2" weld tees or smaller tapping tees, stop cock, riser, valves, and valve boxes, fittings, tracer wire, test stations, line marker, poles, barricades, bumper poles and all signage-maintenance required per FDOT specifications for traffic controL All ditch lines and bell holes must be machine compacted to approved density. Required environmental protection, such as the installation of silt fencing adjacent to wet lands and placement of straw bales at storm inlets. Contractor employees and their subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to "Operator Qualification" with mandatory knowledge, skill and abilities, training to be completed by October 30, 2009. The contractor must state in writing that their Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System's Operator Qualification Plan. The Contractor's Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a 5 year period. Failure to provide proof of Operator Qualification compliance will disqualifv the bidder from consideration for the award of this bid. The Contractor agrees that it has in place, or will implement a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. A copy of the Alcohol and Drug Testing Program will be included in the response to this Request for Bid. 13 Item # 13 S��"�'Ii�N 00320 �i� '�'AI3iJl.A`I'ION SiIMIl�iAi2Y I E 1_�'�). AlA�I(�I11�i�' � � Services/�'lastflc � i29, 000. o0 2 Mains/I'lastic � s�ee1 $ 2oz, �oo. o0 3 � Casi�� '��s11/I�issile � 123 , o 0 0. o t> 4 ' J aek and/�r �3 ore St�e� S 4 0, o 0 0. o 0 5 �it-ec�ional�3e�re ; 2�4,�00.00 �_� Weid Tappi�� "i�'ees-Site Pa-epar�tion and Restoration 6 (Weldin� ��y Contractor) S �, 55 0. o � 7 Othe�- Pay I�ems � 2,� o o. o 0 � �n� $ 103,000.00 9 � S��face: Kesto�-atioz� r _.._ _. ....,� a 5 2, 0 0 0. 0 0 10 Pipe I�er�a�val ; i�,000.00 � ➢ 1 L'�c�ergro��nd F?xte�°is�� oi�se Pipirlg $ 1 o g, S o o. o 0 �07�AI, E3/aSE B1D $ 1,�� 8, 5 5 0. O G I'ot�l �3ase Iii� in W�rcis One Million Fvrty-Eight T'housand Fiv� I��undred ri��ollars ar?d No�1.00 Dollars � Attachment number 1 Page 20 of 105 Item # 13 4 is�ch Est. Qt�y. 1,000 fY. 6 inch I=;st. (�ty. 2,�J0�9 ft. 8 indl �?st. �ty. �,�D0�9 ft. 7/� inch Est. �)ty. 3,500 �. ] �nch f:si. C�ry. 3,000 ft. 2 inch I;st. (�ty. 5,0690 ft. 4 inc1� F�,st. E�ty. 5,000 ft. 6 inch Es�. C�ly. �,E)00 ft. S inch ��,st. (�ty. i3Oi)0 f�. 12 incil L-:st. Qty�. �,�O�D f�. dEi�'Ii E1N�/O�2 i30R� S"�'EI!;L 1 C. 0 0 per ft. I 0. 0 0 p�r �. 1. 0. 0 0 per ft. DIREC;1`I(DNAL, BOI2� :1 1. . 0 0 per ft. 11 . 0 � ��er ft. 1.1 . 0 0 per ft. 14 . 0 � per ft. �. 6. 0 0 per fY. 1 7_ 0 0_ per ft. 3 5. 0 0 per ft. S�'I+�EL. WE1,D T�PPHiVG "�'F�S—SI"TE �'�2��AI2A'I'iON �AN93 �2F.STORA�'I6)N 2 incll Williamson Est. (�ty. 75 �/8 Weld Punch "ices 1?st. (�ty. 75 3/� Wcict F'unci� "1 �c� I;st. (�t� 2(� i ii'cId I'tancl7'decs i?st. (�ty. .50 5 0. 0 0 each 5 0. 0 0 eacl� 15 . 0 0 each 3 5. 0 0 caci� O'I'iI�;I2 PAY �'iEMS �,P "I�a�ik/Meter P:•otection l;s�. (�ty. �00 25 . 00 p�� pole (€3L�i��pei• Poles. 3 os• 4' it?ch pipe, 3 ft ap�rt a»d 3 tt deep) ,. F� Attachment number 1 Page 21 of 105 Item # 13 5/8 inch I;st. C�ty. i6,0t�0 ft. 1 inch Est. Qty. f3,�00 P�. 2 inch Est. C�ty. 6,000 f�. 2 inch F,st. (1ty. 3Q9,UU� #'t. '� irch F,st�. �ty. 3,0€�4� ft. 6 inci� Est. f�ty. 1,5�0 fi. 8 inch l�?st. Qty. 1,5�0 tit. 2 inch i�;st. Qty. �,00O tt. � inch l;st. €�ty. 1,�Ot3 ff. 6 incf� Est. C�ty. 1,(90� f't. 8 iilch Est. (�ty 1,000 ft. S�32VI<'�S/PI,AS`�'►C 4 . ? 5 per ft. 4 . 15 p�r lt. 4. 5 0 pei� fi. iB�AflNS/Pi.AS'd'�� 4. 2 5 per ft. 5__00 perft. _ 6. 5 0 per ft. 6. 5 0_ Per It. 1l�iAINS/STI�,EL �3 . 0 0 per ft. 4 . 0 (� per ft. - � per ft. 4. 5 0 per 3t. C'AS�N(� I'L15Ii/I�IISSiL,E 5/8 €nc�i Est. (�ty. 3,50O it. 9. 0 0�er tt. l iuch �st. (�ty. 3,SOOf�. _ 9• � �_ per ti. 2 incli F;st �ty. 6,OOOft. 10 _ 0 0�er fi. I3o�•in� incdudes ir�scrtion of The c��rrier �ipe within the casing, restoration, cleailup, instilators, end scals. anc� ver�t po�es. For a11 b�res, }�ayment will he for actual distance o#�th� bore, not to include i<�otage of� enti•��ce anci exit pits and insTailatio�7 of tracer �vire o4� carrier }�ipe. is Attachment number 1 Page 22 of 105 Item # 13 EX"�'FZA �I+',�T'Ti3 d)I"�'C'�$ Will be paid when covei• excee�s 36"' anci required by state, county, city, coT�struction rec�uii-cments, or at rcquest o(�C.'C;S. 37" to 48" depth 4• S �_ extra deptll per ft. 49" to 60" deptl? __ 5. 5 0 exta•a depth pe�• ft. 6 i"" to 72" depth I��;lsitv, if reyui��ec�, if�c6u�es testing S1�orii2g, if a-e��z�s-ed and a}�pa•oveci �y CG� Instaiiation of well pc�int heade�� pipe Ulell point runni��g time __ 6. 5 0 extra dcpth per it. _ �_0 0 per sc�. ft. ? 5 . 0 0 ��er- ft. _l I. 0 0 per lt. 450.00 perday S()D Sod n�aterial wi([ i�e supplied, �iacecl, ��atcred and maintain�d foa-thrc� wceks bv C;ontractor �it�d accepta[�le to lhe Ri�ht �t' Way �uthE�rity. 13ahia/I`loratan Est. (2ty. �0,00� s��. ft. ___ 6 0-- per sq. ft. I2esi�]entiai Metc3- l;st. Qiy. 700 5 0. 0 0 cac11 .Niccnanical or I'I; I� �ASed Servicc `[ ec I�st. �ty. SOQ 4 0. 0 0 each _._—..--- (saddle clamp, saddte tee, i'}i tee, and wrap ar€>undj SCi�2I+'��E f2�S"�'S)I2A"�'ION C:ut, �-�n�zove, and replace. Materiat �rovided by f�ontractor Aspl�alt I�st. Qtti� flO,040 sq. ft. 2. 5 0 per incl� thick i,imerock L'st. Qiy. fl0,000 sq. ff�. • Z�_ per inci� thick C�<�i�crete I�st. (}t�y. 2,O�D0 sq. �t. 9. 0 Q per scj. 1�1. Shell �;st. (�ty. 3,d00 sq f�. _1_00 per sq. f�t. � Attachment number 1 Page 23 of 105 Item # 13 I3rick reiriovai Est. (�ty. 8,000 sq. Ft. . 7 5 per sq. it. I3�•icic repiaccmer�i 1?st. i�1y. 2,U00 sq. f�. . 75 per sc�. ft. Seed and in��lc1� F,st. C�ty. b0,0i�0 sq. ft. �-- _ 2 a per sq. ft. PIP�: REMOVAL, 2 inc11 F?st Qty. 1,500 #'t. 3. 0 0 pe�- ft. 4 incl� Fst. (�ty. I.500 ft- _---...4 . 0 0 pe�- lt. Ci i>>cl� 1?st. (�ty. Sf�Q �'t. 5. 00 per It. i1NL2i:f2<=I2Od�N€9 i;Y"TERIOR %IOUSE I'IPiNG From ouiiet side ol� meter set/I,P tank to the exterior appliances oi• housepipin� stub. Wiil include a-isers oP� eac1� end, stop coe;c, valves anci miscellaneous fittin�s. ME�st be noted as House 1'ipii�g on all ictvoices. Air test at 1> pounds per square incl� (PS!) fo�• 24 houi-s rec�uired fo,- final approval and ta�ged �vitl� pressui-e, date and time. Must bc licenscci and qualitied in t11is discipiine. Contractor is responsible t�or ali code deficie3�cies and must fun�ish payanent for codc violations, s��c�1 as loss ol�p�-esst�re test. 5/8 incl� F?st. f�ty. 3,000 f�. 4. 2 5��z- }�, 1 inch �st. (1ty. 3,0�0 ft. _ 4. 2 5 p��• it. i 4/4 inc[� l�:st. %�ty. 6,000 fft. __ _ 4. 5 0 per ft. 4.75 .- 2 inc�l� F:sC. Qty. 4,000 ft. pe� tt. 4 inch I;st. C�ty. 4,O�D0 f�. �• S � per ft. 1'P: F'�ised Se��vice i �e I;si. (1ty �,OO�D ft. _��A per lt. Service "l�ecs i;st. C�ty. lOt➢ 4 0. 0 0 each Sod I3al�ia/Fioratan Est. Qty. 20,00� sq. #'g. . 6 0 per 5c�. ft. � Attachment number 1 Page 24 of 105 Item # 13 51;6:'�'96)\ 00330 �'I.(Dlali).� "I'(21�:�f'�� S.1&'�"1'i' :�("H' :R�'d�1()�d'�,l�;i)(;dTl:ti"�' &'92<),�f�;("d': "Ins1 �1latiort c f<3as NE �ans <snc( Sc,rvice I;Mine,s at Various Loc,ations�� i314)d)1�;18'S !.ltifl➢?: �''loricia Gas & Elect:ric Bid�?er �icl:no��vledti�es tl�iat ii�cl��dec� in ihe various iTems of the proposal in the Tota( Bid Price are costs fi>r comptyiizg with the Florida 1�rench Safity Act (90-96, i�aws of P�)orida) effeci�ive October ], 1999. i�he bidder fua�tl�er iclentifies the costs to ��e siai��ma�i2ec1 beiow: "1'rench Safetv Measure UnitsofMeasure Unit Exter;ded (Description} (Lf�, SY) (()uant�lty) Ui�it Cost Ce�st A_ _Shorinn,......_._ �,1� NA 15.00 NA i3. _ .. ._... _ _—..... __ (' __ _ _ _ _._..._. _ _ �. *TOTAL: � "I�13is total a�noua7t is iraeidental t� the contract bid price and is provided only as bidder acicnoti�led��nt ofthc I�lc�rida "I'rench Safety Act. l�ail�ire to complete the above m�y i-esutt it3 the bid bein� declar•ed no»-respousive. „ '"r� ; � � 5 � � { ;�� . z � "� �' k y�� s � �,�%' ,,; Y, a a�� r t t,�,'t,- F3iclding E"ontract<>r Signatu�e ; Attachment number 1 Page 25 of 105 Item # 13 S�;(:'I'I�N 0034� �'ti1�L.IC.' i;tV''�'I'I'Y C�2i1VI�',S S"I'ATER�&�,Ni' SWORN S'I'AT�MENT UND€iR S�,C`TI(>N 287.133(3)(a), I i.()ildi_>A S'I �'1'�) i'I:S, <)N PU131,d(: F:N1 I'1'Y C'RIMI;S. 9IIIS I�()}ZM �V9L,'S"I f3}; SIGNI;I) IN TIIi: PIZ4:SI:NC'i� (3I� A NO"1ARY €'Uf3I.IC ()R O"iFIi:;f2 >I�F1CdAL AU'�HO�tI'I,k:I� "I'C) ADMINiS'I'�:'R OA'I'HS. "I�liis sworn stdteanent is sul�mitted to c�t�y of Ctea�,Nar�r (print name of the public entity) �,�, Davi d T . Run�rari _ __ _.... _.... _ _ (r�rint individuaCs name and ;it1e) IE�r Florida Cas & �ler.t:ric Corp. {print name oi entitV submitti��g sworn �tateme.nt) u-hosc busin�ss ad<Is'ess is 8011 I�ancz 0`L��kes T3oulE�vard i,ar_:3 O'Lakes FT� 34638 aa�d (ifappticaE�le) its Federal �mplz>yer icle�ztification Number (FEIN)is 59-�-3530760 (If �he eniity n�s i�o g�EIN, incFUde ilie Social Security Numi�er of the indivsdual signtng 19�is swor�i sttatea�neni: — _..._ _— .....--- _.._. _.........—) Y imdeistanci tl�at a"public entiiy eri�ne° as defiue� iu I'aragi•aph 237.li3(1)(n), F'loiida Statu_,Tes, means a violation of any state oa feder-al la�� by � person «�ith respeci to and directly relaled to t}2e tra�saction qf busii2ess �,°ith �ny public entit}� or with an agency or politic�l sul�ciivisio3� of any otl�er s?ate or with the I�nited Sta±�,s, includii�g, but not limiteci to, any bid or contract for �o�c�s os� scrvtces fo be provided to any public entitv or an a�ency or political subdivision oian�� otl�er state i>r of the iJnited States and involvin� antiUi�st, fraud, theft, bribery, collusion. racketeerina, conspiracy. c�r material misrepresentation. I ui3iieFSt��d th�£ "c�nvictec�" or °couviciion" as detined ii� �'ara�raph 287.153(1)(b) �'l�ritia Statttfes, 3neans a#ulciin� of �iailt or a eonvictaon of a public eiatity crime, with or wiYhout an adjuc�ication of guili. iz�� a�ry federal or stat� iria3 court of record relatin� to cl�arges broughf b�� indiclmei�t or infornaation atter .lufy I, i939, as a resi�It of a jury verdict, non jury triai, or entr�� o1'a plca ofguilt�� o. caoio coi�tendere. I understaizd that an ' a1'�iliate" as definecl in I'aragraph 287. i3S{1)( j) F'lorid � SCatutes, n�iear�s: 1. A predecessor or successor of a person convicied of a pi�blic eiatity criine: or 2. An entiE}� «ndcr ti�e cotltrol of am� natup-ai person who is active in thc managcment o1' tl�e entity artd who l�3as bee�1 convictec€ of� a pubPic erttity crime. "I'he term "affiliate" includes those ofrcers, c€irectors, executives, partners, shareholders, emplovices, mcmbers, and agents ��ho 2 .^_ Attachment number 1 Page 26 of 105 Item # 13 are acYive in ine ;2lanagctt��ent of �n aftiliate. "I he ��vnership by one person of sl�a�-es constitEitirlg a controiling interest in another person, or n pooiin� of equipmer�t or incoir�e amon� persons ��hen not ior fair market value under an arm's lcngth agreement, sha11 t�c a prima facie ease Th�t oue }aersoe� c�ntro,s artoiher pe�son. A persor� who kno��ii��ly enters into a joint veilture ��ith ��: persor who l�as ?�een convicted of a public e.nlity crime in i�larida d�iring ihe preceding 36 moi�iths sl��ali 6e ccnsid�red an at�itiate. ?. I �nldeast�tnd t}��at a"�eison" as defined in Para�rapl� 237.133(1)(c), i�lorida Statutes, naeans any r�atural peasor� or entity organize�3 under the laws of' any staYe or of the Unite� States 1��ith the legal power to etlter ir�o a binclin� co��tract and wllich bids or applies to bid on conlracts for t}ie pruvisiorl of �oods or sea-vices let by a p�blic entity, or ��l�iicl� other�v�ise transacts z�r applics Yo trat�sact b��siness v��ith a pubiic entity. '9'he term "pers��n" includes those officers, c'iirectors, exec�ztives, partners, sharel�oiders, en�ployecs, members, and agents who are activc in managemerit of'a�i entity. 6. Base� oi�� infori�lation a��d belie.', ik2e st�ternent whicl�� I ha��e mark�cl below is true ii� reiation io thc; �r�tity su(�mitting, this s��orn state��ne�1t (Please indicate which staten�ent applies.j X_ Neitl��er the entity siabmitTii�3g tl�is s�-or�� staYemcnt, nor anv officers, directors, execuYives, part��ers, sharelloiders, enlptoyees, r��embeas, or a�ents wl�o aa�e active in ma��a�ement oT the entity, �zor any �fS7liate of� tlie cntiiy 3��ave t�een charge�� with ar�d convicted of a public entil}� cr-�n�aesubsequeflito3uly i, i98�. _`i'he entity sub�nittin� this s�n-on? statement, or one or more of �he oft7cers, directors, exec�iiives, parinea�s, sl�areholders, c�np➢oyees, rricEnl�ers, ��c a�ents ��ho arc aciive in EnanagemenE� of thc entity. or an affiliate of thc entity 1�as bcc;n ch�rgeci �-vit11 and convicteci e�i' a public entitv crime subseque�it to Juiv fl, 1949. I�l:e entity subanittinr this sworn sta4etncnt, or one ar ialore of its ofticers, clirectors, exeeeitives, �aririers, sharel�olciers, eu�ployees, ai�ieuibers or agetlts wlio ar-e �ctive iri the management �f tile eaitity, or an afjaEiate of the cntity i�as bcen cl�arged �viYh ai�d convicted of a pziblic entit�y crinae subseqa�nt to July ], P989. glo�rever, ihere 1�Tas been a sul�seqiicnt proceec�ing bc:fi�re a i��earin� <)fficei of d�e STate of Flori�la, i�ivisior3 oi'Ac�ministralive �feariii�;s and the I�ii�al C)rder c;ntcred 1�y t4��e hearing Of�ficer determined thai it �xas not in the public interes', to place ine entity subn�itting this swom staten3ent on Yl�ie convicted vei�dor list (attach a copy oi��(ie iEnal orc�cr). i UNI)I:RS"i'ANI� 71ii1'i' "i'ilE SiJd3:Vi1SStON E>fl� "1'iilS d�ORM '1'O 1'idI� CON"I'RAC'1'ING ()F'I�ICf;R FOR TIiIi I'UI3t.IC LN"'1'I1�Y II��NTIFI}:D iN I'AIZAGRr1Pi�i i(ONE) AE�OVI'_; dS I�OR THA'1' PUI�LiC ENZ'i'1'Y ONLY ANI), "F�IAT "i'HIS FORM ]S VALiD 7'}�ROL?GII DEC�:Mf3E:R 31 �I� "1��113 ('Ag.E�NI»R YI�Al2 �N W�dfC4i IT' IS f�'7I_i�i�. I ALSO iJND�;RS"I�AND THA'7' 9 AVVt Kl?QUfRLD `i'<> INPOR1Vf "i'I iE PUI3I.IC' i NTiTY PI2IOR TO li?v"T�?RING IN1�0 A CON"FRACi� l:v �X('l?SS OF 1'HE iTIIt1�:SfIOLI> A1VI(>��N'i' PIZOVPI)LD 3N S�CTION 287.E�17 I=1,OR1i�A S"I�AiU'fES �=C)R _ __ ....... CA"I'I:UO�tY "d'WC� C)F f1NY E'IiA1�(3�; 7� TFfI�. ItiF(?IZMA"i'i�'V C'O�VTAINI?ll ��N I�NIS i�OR1V1. � " 3 � �� , JG`i�'f� 'r ~-- � � -��- ' - ( S ig�3ahire) � Attachment number 1 Page 27 of 105 Item # 13 Sworn �o a.nd subsca�ibcd befor�; n1e tliis ,_� F� day �1 �� , 7�� ? 3'e1 soi7ally I<ilo�vn ' _ '' . � �= ' "' �_� ° � � -- � OR Producec� Identitfcatio� l�iota�� i'ublie - Siate of Florida � I�YPe of ide�rtifica[ion) F'Ot'177 PL;f� %�SAtRCV.(i6��8i92j � f, My Coi��mission cxpn�es_.� = a =' ` i ' a'�. �a. � p �x_ , I " e. ; ,�,. ° � ;Printed, typed or stamued Cemmissioned name of notury public) �a��b-,,,�N��m�'��¢� �� ti,,:„�,�,,.,, ��rr�r�€� ��7�°�5�� VwF��•;;=4�,�-'� �� . � � ��r�� :�`�71�� 'a^��cr �s �� :t�.Y4 s;� i�'C9t�t`��.��s`2"6.s iS'€C � . . ,. .:xmn��w�s�.s��wus�a,� Attachment number 1 Page 28 of 105 Item # 13 Attachment number 1 Page 29 of 105 RESIDENT NOTIFICAITON PERFORMED BY CONTRACTOR The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction and the Contractor performing the work: CGS logo (provided to Contractor on disk); the scheduled start date; the type of construction; general sequence and scheduling of construction events; Contractor's name; Contractor's address; Contractor's phone number; and Superintendent's name. A sample door hanger is attached to this document and shall be printed on brightly colored card stock and a minimum of 4 �/4" x 11" in size. A sample door hanger including proposed language shall be approved by CGS prior to the start of construction. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than two (2) days prior to start of construction. Directly affected by 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 two (2) day notice period to residents. Contractor is also required to maintain sufficient staff to answer resident inquiries during normal business hours and to maintain message recording equipment to receive resident inquiries after business hours.. Contractor Supervisor emergency phone number shall be provided and updated as necessary to the CGS Dispatch which operates 24 hours a day, 365 days a year. 18 Item # 13 Attachment number 1 Page 30 of 105 SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND (Attach ce�tified check, cash o� bid bond he�e) 24 Item # 13 Attachment number 1 Page 31 of 105 � � � � � ' � � ;'�� ` _ , js ( � -- r- �� __ ,,,,,�� /�; � ,�;,� ... :. ��. : � : ��` KNC7W ALL �if �f� PY � I I�S� PR�S��T�, tha� vve F9�s�'ssi� ��s ��iec�s�� r�., 8fl1� �a�ad O'1.akes 8ierd., �and O'Lak�s, F�. 34639 a� �'r�nei�al, I��reinaf��r r�ll�d th� Princspad, �rscl �'he �s-ay �¢�s�r�a�ce C�r�p�r�y, � � �� 6202, ��k�ir��, L..� 7ti0d9 a cor��ratic�r� d�r9y orc��r�ized �a��der ihe &aws of fhe State of �.�s�a�s��na as Sur�ty, hereinaf�er called th� 5�ar��y, ar�; hel� <�n�i firrnly �o�snd unto ��ty of G9e�s-v�ea��r, 10Q ��u�h f�yet�� res�t��, Cle�rvv�te� �L 33756 �s C��iy�;�, hereinaft�r c��l�;d the �b1�ge�, in #I�e surr c�f TE� P��c�r�i �f the ar�ot�rat bid ._ e.. _._. m � L�olf�rs ($ } for the ��ay�ner�t of �vhic�h st�m wei! �nci iruly fcr �2 m�d�;, tn2 said Pr-ir�ci;�al ar�c� fi�e s�id Su�ety, b€nd crurselves, �ur reirs, �xec�ato�5, admin�str<�t�rs, s�ccessors anc9 �ss�gr�s, jQintly �nci sever�l�y, firrr�{y by these prss�r�ts. �J��AS, the Prin�,ir�al �as su�mit��d � %icl for �r��t�fia�s�r� of ga� rrsai��, ��-v�� I�r�� r�d ht�a��e �ip�rag, �i� iV�. 05-31 �10�"J, THF:RE�OR�, i�� fr2 C�bl;c�e�; sh�:l ac;c��t th�� id of t(�e �rErc�p�! and ti��e Pria�ci��l sh�ll �nter i�to �� ontr��cg w✓Rih the C?�{igee 9r� �ec�rciance wi�h the t�r-ns of suc� �id, ��r�d �ive such bor�cl �r bar��s <�s rray b�; specifie:d ¢r� �h� bidc9:ng or Cc�r�ir�et �c�c.uments vvith c�ooci anci suf��cient surefy �or fh� faithfs�f perform��nce o�g� sueh Cor7trac� anci fa�r the po�ampt payr��€�t c�� or �nd �ra�t�ro�[ furnish�ci in tt�se �>rr��e�utior� thereof, t�r in th� evertt of tf�e fai�ure of ih� F'rinci��ai �t� �nter such C�ntr�cf a�ci �ive s�ch �ont� ;�r i�c�ncis, if ihe �rir�ci�3ai shaQ� pay to tf 4� Ob�i�ee ��e difference not to exceec� �he r�en<�lty Y�erec�f between th� �rn�unfi specifsed in saic� �id �nd suc� i�rc��r amc�unt for �✓h'sch tE�e Ob�ig�e m�y ia� goac� faith contr�c� witt� ��r�c�fh�r part� fo perforrn ttie W�rk cov��e�� y saiel bic�, then t#�is �laligafion s�lall be n��ff ar�c� voi�i, �therwise to rernair� in fulf forc� �nef efFz�ct. �ign� � �ne� s��_�ie� this '�4�� <l�y c�f �3ecer�b�r , 2�'�i� . , ,;E�,�, �r —.. _ _ _._.— _ _ _-- ---- _ _._. ��,rv�t �.�,� .__ ._.. __.___._ __.._ _— .. (Vditr e �) �I��is�a ��s � �I�cire� ��sr�e �f � � , , t� °as� �� Y �s-; �.) �` � t:, ,,� � � _ � __� �' ��_ _ r ��_`� � ��, ._ �-- -�- . - ___— _ t.... �� _.�' �� -- ---- -- --- _..--- - — _.._.__...—,..--... _—.,__... _ ._...._. _..._..__—.. riA C)U�„UMLf� i r,310 - B � r30Nv AiA F C=�t2L,P.RY T97� E: J�� l- tk A�,?LR1..�A'v IN,> i i IJ ��E Uf F=iy<;i'il'"-.CiS 1735 N. Y. PV!:. N- `,�V_'NJFiSHINC--TGN. 13. C. 20JOFi ,..1 ;2�t8-F Item # 13 __ _. . _. _ Attachment nuinbe� 1 ` -,� Page 32 of 105 `['Cll: (iI>,l1Y (1�,i5URAVC'F; C()!11'11NY" 7'I=iI; UiZAY C`AS�J�L`I'Y �: St�:tl:'I`Y C()MI'ANY ,,, � ;ss ., (�ENE�r�I� Pf)�d��'�2 ()l� .Ai'I'�JI2IV�+��' ` 4° �;;, ,uj K�iO\�' ,�LL i3Y ]'Ifl?SI: i'IZI;SI ,'U'1'S, i ifA"I' `ille Gray 1�7su��irice (.'c>mpany asld Ql�„ <iray ( astzaltv & S�tretv %'t��j��ti�i}, coeparations c�talv �rg�i��ed and ��st�nr unc3cr the laws ol L�uisiai�a, and having their princ�pai af�ces ii1 Metairie, Louisian�, do hea�el�y �;�ake, c.ot�s�itl�t'e, and a�point �enj�anaas ��. F��s�ch, ��le ��aiclt>�-4f, I{e€�a�e�la A�Vay¢ie ��19ces•, �'3ra�e1� 1�. J�3-sraan, S13e�-ee �V. �.�wa�as, �:.lyde �, ��e ��sc� �'�c�� f�, �lc�c�ss.ao, of I+i• �'altan i3e��ac9a, � loa ic�a j€�'ss�tly �re• s��r�A�iy on bettalf o�f each a�'t!��e Companies narned abe�ve its true aa,d lativful AtCorney(s)-in-Fact, t€� rnal.c, �-xecai� Seal �nel deliv�r, ior and on its bei��alf anci as its c�eed, bo�3ds, c�r c�Ylier l.v�-itu.ags obligatory� in the natur�e of a bo,�t�, as surety, co»�racfs 4�f� �urctysl�dp as are o�� rnay he req�ii:ed or pern��itted by law, regulatioi�, contract or otherwise, �rovided ihat no bor3d or t�r�tic�rtai<iF�g ar co��ta-act o� s�uetyshap t;xecutecl �nd�a� this atatho�-ity sl��<�11 exceed the a�a�iourat of $1t),OOU,(700. This Pow�,i of fltt�rr�ey is �r�i:i�;d ar�d is signed l�y ��acsimii� ur�de3• and 1�y il��e autl�ority of t1�2e foilowif�� Resoluti€�ns a�iopied by the Boards at ,.,-, , �, ��lt�i'�CiUiS UI i)(?iil �� i'sc (5i ii� iii5u, dfi�i; ��Oi71E3ftIi�' at;ij �� li, t,.r7-�ky' i.z151iuily c"X. �itiC�V 1.,0117j>�311y <i't dtl�(;'liilk;S C�UIy 1:i311f;1J' <ii1Ci 'fli;i?7 U}1 tlIt' �0��' tiii�' Oi�.)tll"1L', zoo3 �" ' � `1ZI35(1i,Vi;I�, il3at th� I'resid��ri 1'xecutive Vice 1'r�esident, any Vice F'r�,sident, a- ihe Seca-etar}; be a�ici e��c}i or auy �>f�t}?ern hereby is alit!2orir.�,�I to exe�ute a pov,�er t�i ,lt:toa�ncy qualifying t:l��e attorney namud ir� the given Pov��er Uf Attorney to ex�c�.ite or� Lehal� uf i'h� E'o��3�as�y bon�s, undet�takings, a��ie3 �li c€�iltraets o1'si.iiety, and tl��at each or ariy of them is ��ae3�eby anti�oriz�eci to attest to the exect�tion �f such i'�wer- of AtLorr2ey, and to att��eli tl��e sea( of ihc Cornpar�y; ar�d ii is l��tJR`l1lfiR iZf;SC)I,V1 1), tll�t th� si�;r�ature oi�suci3 officers and ti�e seai of the C:<>mpany may I>e affix<;d t<> any such 1'ola�ee t>f �lttorney <>r to �ny ce�ltficatc �c�aiin� t�lleret� by facs�m�le, and anv such Power of Attornsy oy cert�ficai:e beariji�r siach fac�;imile �ti�nature :�� ac��ir;�al�� ;�.>.al s?��Il be l�iracling ut�on the Compa�s�y r�ow �,�ad i�� tl��, iuh�u�e when so aiiixe,d with regard to as�y bond, undertalting or �ontract �� su�ety to wnieh iY is attacl�ed. IN W3"IN1�SS WIiZR'r�(�F, "I'he Gray I��7sur�pice C".ornpany a��d "1'l�ie Gray Casualiy & Sw�ety Compariy ]�ave ca�rsecl thair �fficiai seals ti�� <^ l�ereinto al�fixed, and the5e j�r�;senfis te� �c. si�necj by their a��ti�io��ized ofticers tiiis 23rd d��iy of �1u�ust, 2005. , r�u A ,�y �a, 13 y : °`- �� o� c� ' /� .�� {�r :�, �; S � �a a� IVlicl��tel "I�. Csray � y., �° p; �� F'reso�fent; I'he Crray Insu3ance C'omp�ny � �,�,�� anci Vicc I'reside�7f, i'l��e Gray C'asualty & Surety Co��npany State a�f;.louisiant� nuest: J�� . y � OP � �•,� F �'P .n Mai�}c S. Man�ln� E�: S �:� S�C.i t,t�lry, Y` � ,�. a �a ��l��e CJd ��y In�titr�u�ce C;ompany, �; ••. °�'� ihe (.iray C�tsaaalty & '�zi�ety Ct�mpany �"'"'°� -�� ss: Parisl�� of .fLffe�:son C>r� ihis ?3rd ��}� of 1ag,l:st, 2005, bef�o�e n�c, a Notary i'ublic, personally appeared Michael "I�. Cdray, Pi-esident �f'I"i�le G�ray Insurailee C.ompar,y ar.d Vice President ol"1';�e Gzay �'as��aity � SEii ety Company, and Mark S. Mangaanq S�cieta�y of The Cir�y Insurance ('t>l�ipany and 'I�l7e CJray � as��iaity � Sureiv C�om��ai�v pe�s�>nally known ta i�ne, i�eing duly sworn, aclv�owled��ed that tl�cy sif;ned the aht�vt: I'ower of�Att��r�rey and aflixed ti�e seals of tl�e con�panies ati oiCce,-s �>f, ancl ��clulowledgt,d sdid ins�CruinerrC to be the volunta�-y �ot aE�ci dee�, c�f theia- con�ip<i��lie,s. \ ,vy�-,.s.:.:'��<��,,, , ; �OTAr�y_ 'p �._�'°'� �� • �� * � �'. � Lisa S. Mi13ar, Notary Publi� I'��ish oFOrleans �;�'r•�. �ua��c ;°��;� Stite o�,�d�ouisias�sa "�A�o� f:o�?�5��\ My (.:oi72�lission is 1:<>r I,iie ,��„ ,,,,, i, Marl< S. ��arirtmo, Secreta�y oY�"I�[tc Gr��it� 1��surarace � om��any aj��ci Ti�e G�ay Casualty � Suiety C�:on�pan;-, do r�ereby �ertir,� t}i<�t tl�ie a1�vti�� ar�c� forgoin� is a trt�ie and corre;ci co��v of a I'o�vt5r of,��itorney given by the companies, wl�icil is si'ili in fiull fo=ce ta�id Lffe.c,i. IN WI"l�:v'1,5S� l�Vifl�Ili�:C3i�, ,� i g'U R A N'�.,,� �e . c�.`� � a � �� f� r; ��e ��.�9 �� f '�° 1 �>�' _.W �� r>o:�r,or,� :z�, rsi� =.;,�oc; s,� io; si�;nnor, I have sei rr�y li��r7d ancl �1lixeci th� seals of il�e ('ornpa��its ihis i..!"�i �l. day of��`E�GE'T�i��':r� ��.�.(� �JA�,SY �& �5�� . 5 //��° � ��`v'� c� � ��,,� f a .'� � �� `z� '�� "Udark S i1,�i�f7uuU S�c��i�ty 1'��, at '��y. ,�� 1 na C7i<r� Inst� a��c e( Uriii7 i�5 � k � Il��c C7iay C;as��](-y � St3rc�ty (�,rrnpanv Item # 13 Attachment number 1 Page 33 of 105 SECTION 00510 AGREEMENT THIS AGREEMENT made and entered this 1 st day of February, 2011, by and between the City of Clearwater, FL, a municipal corporation, hereinafter called the "OWNER", and Florida Gas and Electric Corporation, hereinafter called the "CONTRACTOR". WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Owner, the Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work shown on the Drawings and described in the Specifications entitled "Installation of Gas Mains, Service Lines and House Piping at Various Locations", Bid # OS-11. 1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service required to complete the work provided for in this contract. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the satisfaction of the Owner and subject to the final approval of the Owner and its authorized representatives. The term of this agreement shall begin February 1, 2011 and terminates January 31, 2012. Any amendment must be in writing and agreed to both parties. 2. The Contractor agrees to receive the prices stated in the Proposal attached in full compensation for furnishing material and labor and executing all the work contemplated in this Contract; the contract amount shall not exceed $1,048,550, based on the estimated quantities in the Bid OS-11. Owner reserves the right to purchase any amount up to the estimated quantities based on its needs as determined solely by Owner. Owner and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. 3. The work on the site is to be commenced when directed by the Owner or his authorized representative. 4. To prevent disputes, it is agreed by and between the parties to this Contract that the Owner or his authorized representative shall in all cases determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine questions in relation to lines, levels and dimensions of work. The Owner shall determine questions in relation to interpretation of the plans and specifications. 25 Item # 13 5 � 7. Attachment number 1 Page 34 of 105 Payment shall be made in accordance with provisions as outlined elsewhere in these Contract Documents. The Contract Documents shall consist of the following all of which are familiar to the Contractor and which are incorporated herein by reference: 1. 2. 3. 4. 5. 6. Invitation to Bid Instructions to Bidders Summary of Information to Bidders Bid Forms Agreement Forms Bonds and Certificates 7. 8. 9. 10. 11. 12. General Conditions Supplementary Conditions Addenda General Requirements Specifications Contract Drawings This agreement, together with these documents, form the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. 8. Contractor shall at all times furnish adequate tools, testing supplies, appliances, equipment, a sufficient number of properly OQ skilled workmen, and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and shall promptly pay for all material purchased and shall pay all workmen each week, and if required by the Owner, shall obtain and furnish Owner weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contractor. 9. Should the Contractor default in any of the provisions of this contract and the Owner employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 10. The undersigned Contractor agrees that he has carefully inspected all contract documents and is familiar with the same, and agrees that he is responsible for having heretofore examined the site, the location and route of all proposed work, and for having satisfied himself as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the price which he has bid and the price of this contract all costs pertaining to the work, and the contract price is based upon these inspections and examinations. 26 Item # 13 11 Attachment number 1 Page 35 of 105 This contract shall not be construed for or against any party because that party wrote it. 12. The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT. (CONTRACTOR SEAL) Countersigned: Frank Hibbard Mayor APPROVED AS TO FORM: Laura Mahony Assistant City Attorney FOR THE CONTRACTOR : Name Title Witness for the Contractor CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager ATTEST: By: Rosemary Call City Clerk 2� Item # 13 SECTION 00520 CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF Attachment number 1 Page 36 of 105 Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for said County and State personally appeared (Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly sworn according to law deposes and says that all labor, material and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract of the (Owner) with (Contractor) have been paid in full. (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this _ day of , 201_. Notary Public SEAL Commission expires: 28 Item # 13 Attachment number 1 Page 37 of 105 SECTION 00530 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that , a Contractor in the County of and State of , do hereby acknowledge that (Contractor) this day has had and received of and from the City of Clearwater, the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing, payable and belonging to (Contractor) by any means whatsoever, for on account of a certain agreement between the said City of Clearwater and (Contractor) dated. NOW THEREFORE, the said (Contractor)(for myself, my heirs, executors and administrators)(for itself, its successors and assigns) do by these presents remise, release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns, of and from all claims and demands arising from or in connection with the said agreement dated , and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing whatsoever, from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, presents to be duly executed the _ day of Signed, Sealed and Delivered in the presence of: ATTEST: (0ecreta�y� AFFIX CORPORATE SEAL, if a corporation 29 (Contractor) has caused these , 201_. (Individual Contractor) (Partnership Contractor) By (Partner) (Corporation) By SEAL) (SEAL) (SEAL) (President or Vice President) Item # 13 Attachment number 1 Page 38 of 105 SECTION 00540 STATEMENT OF SURETY COMPANY In accordance with the provisions of the contract dated between the City of Clearwater, Owner of and (Contractor) of , the (Surety) surety on the bond of (Contractor) after a careful examination of the books and records of said Contractor or after receipt of an affidavit from Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have been satisfactorily settled, hereby approves of final payment of the said (Contractor), Contractor, and by these presents witnesseth that payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to the by the said Surety Company's Bond. IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this day of , 201_. ATTEST: SEAL By (President, Vice President) Note: This statement, if executed by any pe�son othe� than the P�esident o� Vice P�esident of the Company, must be accompanied by a ce�tificate of even date showing autho�ity confe��ed upon the pe�son so signing to execute such inst�uments on behalf of the Company �ep�esented. 30 Item # 13 Attachment number 1 Page 39 of 105 SECTION 00610 PERFORMANCE - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we , a Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and (Surety) of , State of Florida, hereinafter called the "Surety," are held and firmly bound unto the , hereinafter called "Owner" in the penal sum of Dollars, in lawful money of the United States for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 201_, a copy of which is attached hereto and made a part hereof for the construction of: Installation of Gas Mains, Service Lines and House Pi�ing at Various Locations NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligation 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. 31 Item # 13 Attachment number 1 Page 40 of 105 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument under seal in counterparts, each one of which shall be deemed an original, this the day of _, 201 . ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) (City/State/Zip) ATTEST: (Surety) (SEAL) (Principal) By (Address) (City/State/Zip) (Surety) : (Address) (Witness as to Surety) (Address) (City/State/Zip) Note: Date of Bond must not be p�io� to date of Cont�act. 32 Item # 13 Attachment number 1 Page 41 of 105 SECTION 00620 CERTIFICATE OF INSURANCE (Attach insu�ance ce�tificates he�e) 33 Item # 13 SECTION 00700 GENERAL CONDITIONS 00700.01 DEFINITIONS Attachment number 1 Page 42 of 105 The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications and the Drawings, including all modifications and addenda thereof incorporated in the documents before their execution. These form the Contract. The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership or individual for whom the work is to be performed, or his or their authorized representative or agent. The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and specifications of this work, or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particular to this project. Written Notice shall be deemed to have been fully served 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 at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the essence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 00700.02 EXTENT OF CONTRACT 34 Item # 13 Attachment number 1 Page 43 of 105 The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifications and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessary for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration's by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Should anything be omitted from the contract drawings or specifications which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 00700.03 OBLIGATIONS OF CONTRACTOR The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct, finish, test and purge in a safe, substantial and workmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the work, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein contained, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 35 Item # 13 Attachment number 1 Page 44 of 105 00700.04 SUBCONTRACTS The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. 00700.05 SEPARATE CONTRACTS The owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. 00700.06 BONDS The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of award, present himself to the place designated in the official notice of acceptance, for signing of the Contract and the plans, and to substitute for the bid security, a surety performance-payment bond in the amount of thirty per centrum (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All 36 Item # 13 Attachment number 1 Page 45 of 105 bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 00700.07 ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall cease to be adequate security to the Owner, the Contractor shall, within five (5) days after notice from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and signed by such other Sureties as may be satisfactory to the Owner. The premium on such Bond or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall be made until the new Sureties have qualified. 00700.08 INSURANCE A: General The Contractor shall not commence work under this contract until he has obtained all insurance required, as specified on the "Summary of Information to Bidders," submitted certificates for this insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Owner, however, may accept insurance covering a subcontractor in character and amounts less than the standard requirements because of the character or the extent of the work to be performed by such subcontractor, such acceptance by the Owner must be expressly stated in writing. B: Worker's Compensation The Contractor shall take out and maintain during the life of this contract adequate Worker's Compensation Insurance for all his employees employed at the site of the project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable. The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of and from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced by this Contract and the Contractor will appear for and defend the Owner and Engineer against any and all such claims. C: Public Liability and Property Damage 37 Item # 13 Attachment number 1 Page 46 of 105 Each Contractor shall take out and maintain during the life of the Contract such Public Liability and Property Damage Insurance as shall protect the Owner, the Engineer, the Contractor, and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from performance related to this contract, whether such performance be by himself or by any subcontractor or any person directly or indirectly employed on the project. D: Fire Insurance The Contractor shall, from commencement of the Contract and until final acceptance by the Owner upon completion of the entire contract, maintain insurance on all insurable items of the work included in the Contract against loss or damage by fire or lightning and those periods covered by the extended coverage endorsement. This insurance shall be listed in the names of the Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his subcontractors. The risk of loss or damage to the construction work due to the perils covered by the said fire policy with extended coverage, as well as any other hazards which might result in damage to the construction work, is that of the Contractor and Surety, and no claims for extra money by the Contractor for such loss or damage shall be recognized by the Owner nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor. E: Special Hazards Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall be covered by rider or riders to the policy or policies. Two such possible hazards are blasting and environmental damage. 00700.09 PROOF OF INSURANCE Contractor shall, prior to executing the Contract, deliver to the Owner, proper evidence of carriage of the insurance required by this Contract. Certificates will be acceptable proof of public liability, property damage and Worker's Compensation Insurance. An original policy of fire insurance must be submitted to the Owner as soon as an insurable interest exists. 00700.10 ACCIDENTS AND CLAIMS The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or property of another resulting from negligence or carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 38 Item # 13 Attachment number 1 Page 47 of 105 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 00700.12 CONTRACTOR'S LIABILITY The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection with this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid 39 Item # 13 Attachment number 1 Page 48 of 105 price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to comply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 00700.14 PATENT RIGHTS The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees for the use of any patented invention, articles, composition or process in the work done or the materials furnished, or any part thereof embraced in this Contract. The Contractor shall be responsible for any claims made against the Owner, its agents and employees for any actual or alleged infringement of patents by the use of any patented articles, appliances, etc., in the construction and completion of the work, and shall save harmless and indemnify the Owner, its agents and employees from all costs, expenses, and damages, including attorney's fees which the Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in the construction and completion of the work herein specified. 00700.15 PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 40 Item # 13 Attachment number 1 Page 49 of 105 00700.16 LAWS AND REGULATIONS The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiar with all Federal, State, Local, and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereo£ The Contractor shall be licensed in the required discipline of installing gas mains, services and underground customer piping systems. 00700.17 DIMENSIONS AND ELEVATIONS Figured dimensions on drawings shall take precedence over the measurements by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make all necessary final clarifications. 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS The specifications are intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requirements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be corrected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the shop drawings, they shall be 41 Item # 13 Attachment number 1 Page 50 of 105 promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and specifications. No deviation from the plans and specifications shall be approved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall make any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS The successful General Contractor shall be entitled to receive from the Owner six (6) free sets of Contract drawings and specifications. 00700.20 WORKING SCHEDULES AND PROGRESS CHARTS The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertake the construction. A schedule will include anticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. All work provided to the contractor, including service lines shall be scheduled within a 72 hour turn around; emergency work will have an immediate response. Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end of each month. These progress charts will be used in preparing the monthly estimates to the Owner. 42 Item # 13 Attachment number 1 Page 51 of 105 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Contractor shall at all times have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good, safe and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itsel�, including the loss of use resulting there from and, (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water welL Privies shall have incorporated therein metal containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. 43 Item # 13 Attachment number 1 Page 52 of 105 Any instructions, directions, or orders from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 00700.22 SERVING NOTICE Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 00700.23 AUTHORITY OF ENGINEER The supervision of the execution of this contract is vested wholly in the Contractor. In the event the Owner has engaged the Engineer to represent him during the construction phase the order, instructions, directions, or requests of the Owner are to be given through the Engineer. The Engineer shall transmit them promptly to the Contractor as coming from the Owner and originating in the Owner. The Contractor shall designate a representative to receive such instructions, directions or requests in his absence, and failing to do so, will be held responsible for the execution of them. The Owner shall have the sole authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to carry out orders given to perform any or all provisions of the contract. The Contractor shall not suspend the work and shall not remove any equipment, tools, lumber or other materials without the written permission of the Owner. The Engineer has no responsibility regarding the Contractor's safe prosecution of the work or his compliance with any applicable safety codes or regulations. 00700.24 OBSERVATION OF THE WORK The Owner or his authorized representative-CGS inspector shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. After written authorization to proceed with the work, and the Engineer has been engaged to act as the Owners representative, the Engineer shalL• A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the 44 Item # 13 Attachment number 1 Page 53 of 105 Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in accordance with the plans and specifications. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approvaL Such partial and final payments will be as specified elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents, and recommend in writing final payment to the Contractor. 00700.25 EXAMINATION OF THE WORK The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure to 45 Item # 13 Attachment number 1 Page 54 of 105 do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approvaL All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 00700.26 PROTECTION OF WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as maybe directly due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passage ways, guard fences, lights, and other facilities for protection required by public authority or local conditions. 46 Item # 13 Attachment number 1 Page 55 of 105 From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations, shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of said work shall be considered as having been included in the unit prices submitted for the several items of the work to be done under this contract. 00700.27 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 00700.28 THE OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 47 Item # 13 Attachment number 1 Page 56 of 105 00700.29 ALTERATION OF PLANS The Engineer reserves the right to make such alterations in the plans or in the character of the work as may be considered necessary or desirable from time to time to complete fully the construction of the work, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. No alterations in the plans or in the character of the work shall be made without the previous written approval of the Engineer and/or Inspector. 00700.30 UNAUTHORIZED WORK Work done without lines and grades being given, and gas pipe installed shallow or contrary to code requirements, and work done beyond the lines and grades shown on the plans or as given, except as herein provided, or any extra work done without written authority, will be considered as unauthorized and at the expense of the Contractor and will not be accepted or paid for by the Owner. The Owner may order that work so done be removed and replaced at the Contractor's expense. 00700.31 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involves extra cost under this contract, he shall give the Owner written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. 00700.32 CHANGES IN THE WORK If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work specified, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of work other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall thereby accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. 48 Item # 13 Attachment number 1 Page 57 of 105 All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul the obligations of the contract or the agreement for the work. Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work shall be classed as extra work. 00700.33 EXTRA WORK/INCREASED COMPENSATION The Owner may at any time, by a written order, without notice to the Sureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) By unit prices named in contract and subsequently agreed upon. (b) By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. 00700.34 SUSPENSION OF WORK The Owner shall have the right to suspend the whole or any part of the work, when, in the opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of the contract and specifications. If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of damage to any part of the construction by proceeding with the work during unfavorable weather or other conditions, then the Owner shall immediately verbally notify the Contractor or his representatives on the site confirming the same in writing. The Owner may thereupon suspend the work temporarily, either wholly or in part for such periods as may be necessary on account of 49 Item # 13 Attachment number 1 Page 58 of 105 conditions unfavorable for the safe and proper prosecution of the work. In case of such suspension, a proper extension of time may be required by the Contractor but, regardless whether it is granted or not, no allowance will be made of the Contractor for any expense resulting there from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages, loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a suspension in the work of either this Contractor or any Contractor engaged on this project. It shall be clearly understood that the failure of the Owner to so advise shall not relieve the Contractor of his responsibility for compliance with the conditions of the contract. Should the Contractor fail to comply with any orders of the Owner relative to any particular parts of the work, the Owner shall have the right to suspend the work on any or all parts until its orders respecting the particular parts are complied with. In case of such suspension, which shall be considered due to the fault of the Contractor, no extension of time shall be given and no allowance will be made for the expense of the Contractor on account of idle equipment or forces during the terms of such suspension. 00700.35 DEFECTIVE WORK OR MATERIALS If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Owner as unsuitable or improperly done shall be removed and repaired or otherwise remedied, as the Owner may require. If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. 00700.36 ABANDONMENT OF WORK Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby authorized and empowered to pay any workmen who may have been employed by the Contractor, for work done, and to pay any claims against the Contractor for material furnished, out of any funds that would otherwise be due or become due the Contractor under this Contract, and in every such case the Owner is hereby authorized and empowered to ascertain the amount or amounts so due or owning to the workmen, or for materials so furnished; and the amount or amounts so found to be due and payable, shall be final and conclusive against the Contractor, and may thereafter be paid by the Owner to said labor, or to liquidated claims for materials 50 Item # 13 Attachment number 1 Page 59 of 105 furnished; and any partial or final payment may be withheld from the Contractor until all such claims for labor or material on his Contract have been satisfied. 00700.37 FORFEITURE OF CONTRACT The Owner, at any time during the continuance of the contract for the work herein provided for, and prior to the date of acceptance of the work as hereinafter provided, shall have the right and power to declare the whole or any part of the same forfeited for the violation of any of the conditions, terms, requirements, or limitations herein contained, or if the performance of the Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with the work as fast as is necessary to insure its completion within the time specified and as required by his Contract, or if the Contractor is showing bad faith in carrying out the Contract, or if the work not be fully completed within the fixed time in this Contract for its completion, or within the time to which such completion may be extended as hereinafter provided, or further, if the Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any particular, such declaration of forfeiture shall in no way relieve or affect the liability of the Contractor and his Sureties for breach of any of the covenants and conditions of said Contract. 00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon determining that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. 51 Item # 13 Attachment number 1 Page 60 of 105 00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make timely payments for completed work, then the Contractor may, upon seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. 00700.40 NO WAIVER OF CONTRACT Neither an extension of time, for any reason, beyond the date fixed herein for the completion of the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for, nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right to abrogate this Contract for abandonment or delay or non- performance in the manner herein provided, nor shall it operate to void or annul any of the terms of this Contract. 00700.41 NO ESTOPPEL Neither the Owner, nor any agent or officer thereof shall be precluded or estopped by any return or certificate made or given by the Owner or other officer, agent or appointee of the Owner under any provision of this agreement at any time, either before or after final approval and acceptance of the work and final payment therefore, from showing the true and correct amount and character of the work done and materials furnished by the Contractor or any other person under this agreement or that any such return, or certificate, is untrue and incorrect or improperly made in any particular, or that the work and materials, or any part thereof, do not, in fact, conform to the specifications and Contract Drawings, and the Owner shall not be precluded or estopped notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specification and Contract Drawings. 00700.42 TIME FOR COMPLETION Work on this Contract shall be commenced on a date specified in a written order of the Owner. The work shall be carried on with such force and in such manner and order and at such points that within the time limit designated in the Contract, or as may be modified or extended as hereinafter provided, and as computed from the date stated in the notice to commence work, the whole work and its parts shall be performed in accordance with the terms of this Contract. 52 Item # 13 Attachment number 1 Page 61 of 105 00700.43 COMPLETION OF WORK DEFINED The time for the completion of the herein specified work is defined as that state when, in the opinion of the Owner or his authorized representative, all the work required to be performed under the terms of the Contract plans, specifications and extra work orders has been completed and the entire facility including appurtenances is ready for continuous permanent use for the purpose intended. After this date there may still remain some cleaning up of Contractor's plant or minor work and/or adjustments, which do not prevent the permanent use of the project. 00700.44 DELAYS AND EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No claim for increased compensation shall be paid for delays. No such extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one claim is necessary. 00700.45 LIQUIDATED DAMAGES It is mutually agreed by and between the parties hereto that time is an essential part of this Contract, and that, if the Contractor shall fail to complete the work or any part thereof within the time fixed in the Contract, the Owner will suffer damages the amount of which cannot reasonably be determined at this time, and therefore agree that the Owner may retain as liquidated damages incident to such delay, from the monies that are or which may become due said Contractor, such sum per day as specified in the Proposal for each and every calendar day the completion of the work be delayed beyond the time specified herein for such completion. In addition to liquidated damages indicated herein, the Contractor will be responsible for additional costs of construction phase engineering services caused by his failure to complete work within the time specified. 00700.46 PRICES The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein contained or hereto annexed, as full compensation for furnishing all the equipment and materials, and performing all the labor which may be necessary in the prosecution of the work required to provide the complete facility as defined in this Contract. 53 Item # 13 Attachment number 1 Page 62 of 105 00700.47 PARTIAL ESTIMATES AND PAYMENTS If the work progresses according to this Contract, the Owner will make partial payments to the Contractor each month on the basis of a confirmed estimate of the work performed during the preceding calendar month by the Contractor. Upon such estimate being made and confirmed and approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the amount established in such an estimate as the value of the work completed. Such payment shall be considered, however, only as an advance payment and not as part of the final payment to the Contractor; and the Owner may at all times reserve and retain out of any or all of the said partial payments all such sums as it is or may be authorized to reserve or retain. It is understood and agreed that, should the Owner at any time during the progress of the work consider the amount withheld on monthly estimates of payment to be in excess of the amount necessary to complete the work or necessary for the full and ample protection of the Owner, then the Owner, may reduce the percentage retained to an amount sufficient for the Owner's proper protection. No estimates given, nor payments made, shall be conclusive of the performance of the contract either wholly or in part, and no estimates, payments or certificates of final payment shall be construed to be an acceptance of inferior or defective work or materials. 00700.48 PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect himself from loss on account of: 1. Defective work not remedied. 2. Claims filed or reasonable evidence indicating probable filing of claims. 3. Failure of the Contractor to make payments promptly to subcontractors, or for material, labor or equipment. 4. A reasonable doubt that the Contract can be completed for the balance, then unpaid. 5. Damage to another Contractor. 6. Failure of Contractor to clean-up or restore the project site or rights-of-way. 7. Insolvency of Contractor. 8. Manifest intent of Contractor not to proceed diligently or to complete this contract. 54 Item # 13 Attachment number 1 Page 63 of 105 When the above grounds are removed, payment shall be made for amounts withheld because of them. 00700.49 LIENS AND FINAL PAYMENTS Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all administrative costs and a reasonable attorney's fee. The final payment shall not become due and payable until the Contractor shall have furnished the Owner with satisfactory evidence that all labor, materials, outstanding claims and indebtedness of whatsoever nature arising out of the performance of the Contract have been paid, and until the Contractor shall have furnished a written statement to such effect executed by Contractor and Sureties, which will further provide that payment to the Contractor of the final estimate shall not relieve any Surety of its obligation to the Owner as set forth in the Surety Bonds. Where one or more claims against the Contractor which are in controversy appear unsatisfied, the Owner shall have the discretion to direct final payment to be made, or a partial payment to be made from the retained percentage, should it be determined that the withholding of the entire final payment would work a hardship on the Contractor or delay the final payments of other Contractors or subcontractors on the project. In such cases, the Contractor and Sureties shall provide the evidences and statements required under this paragraph, but shall itemize the claims which remain unsatisfied, giving the reason therefore, and the statements of the Surety Companies shall provide that the final payment or partial payment, as the case may be, shall not relieve any Surety of any obligations to the Owner as set forth in the Surety Bonds. If only partial payment from the retained percentage is permitted under this paragraph, the final payment shall not be made until the Contractor shall have furnished satisfactory evidence and a statement from the Surety that all claims against the Contractor have been paid and that payment to the Contractor of the contract balance shall not relieve the Surety of any of its obligations to the Owner as provided in the Surety's Bond. 55 Item # 13 Attachment number 1 Page 64 of 105 00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK Following the completion of this Contract, as such completion is defined in the Specifications and as soon thereafter as practicable, the Owner, his representative or the Engineer will review the work and will make a final estimate of the amount and value of work done by the Contractor. If the said work appears to be satisfactory and appears to be done in accordance with the provisions and terms of the Contract Documents, the Owner, upon notice of completion from his representative, and within forty-five (45) days after the final estimate of work is made and confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the work done under this Contract less any amounts previously paid and less any advances whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance will, however, be in all events conditional upon the subsequent remedying by the Contractor of defects in workmanship or materials which may become apparent within a period of one (1) year (or a longer period as required elsewhere in the Contract Documents) following the date of acceptance as herein required. In the event the Owner refuses or declines to certify the work as completed and accepted and make final payment therefore within forty-five (45) days after notice and certification, the Owner shall immediately set forth in writing to the Contractor the reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have been removed, the Owner shall execute the final certificate of completion and acceptance and shall make final payment. The certification of completion and acceptance of the work will be a prerequisite to final payment hereunder. All prior estimates and payments, including those relating to extra work, shall be subject to correction or adjustment by the final cost estimate. Such final payment, however, shall not serve as a release of the Contractor or of his Sureties from the previously required guarantee against defects in Contract performance for a period of one (1) year following the date of acceptance of the work by the Owner. The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and shall be a release to the Owner and to the Engineer and every member and agent of both said parties from all claims and liabilities to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or the Engineer or of any person relating to or effecting the work, but this final payment shall not relieve the Contractor from his indemnity, guarantee and/or warranty obligations under the terms of the Contract. As soon as is practicable after twelve (12) months have elapsed from the date of completion as herein defined, the Owner shall make a review and re-inspection of the work and performance of this contract, or cause the same to be made. If the said performance and work shall be found satisfactory and work not to have deteriorated through defects in workmanship or materials, then the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If, however, the review and re-inspection, or any prior inspection, discloses defects due to the non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or replace and shall make good all defects in workmanship, materials, and guarantee, and shall rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to 56 Item # 13 Attachment number 1 Page 65 of 105 make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the work by the Contractor, in which case completion by the Owner and the payment of claims for material and labor and other expense as provided in such procedures, shall be a prerequisite to the release of the Surety on the Bond for Performance of Contract. Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as practical, as hereinbefore provided, following a re-inspection, and provided further that any repairs necessitated by defects in material or workmanship as determined by the Owner in the re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his Sureties and all parties hereunder. 57 Item # 13 Attachment number 1 Page 66 of 105 SECTION 00800 SUPPLEMENTARY CONDITIONS 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL The provisions of this section amplify, amend, change and/or add to all other provisions of the Contract Documents. In the event of a conflict between these Supplementary Conditions and any other Sections of the Contract Documents, the Supplementary conditions shall apply. 00800A2 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves and valve boxes; fittings; tracer wire; marker tape; marker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by the City of Clearwater. The contractor shall provide all other materials necessary to complete the work. The contractor shall be responsible for all materials disbursed including accurately inventory of such materials. 00800.03 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit and the Florida Department of Environmental Protection Dredge and Fill Exemption. 00800.04 JOINING OF PLASTIC PIPE In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior approval from Clearwater Gas System to use electric fusion couplings. If electric fusion couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner. 58 Item # 13 Attachment number 1 Page 67 of 105 SECTION 00900 ADDENDA (Inse�t Addenda he�e) 59 Item # 13 Attachment number 1 Page 68 of 105 SECTION 01000 GENERAL REQUIREMENTS 01000.01 TRAFFIC CONTROL The Contractor shall maintain traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen are used. The Contractor will not be permitted to isolate access to residences or places of business. Traffic on County roads and State highways shall be controlled in accordance with the current standards of the appropriate agency. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work and the safety of the public for the duration of the construction period. O1000A2 MATERIALS, EQUIPMENT AND LABOR Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and any other facilities necessary for the proper execution and completion of the work. Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish satisfactory evidence as to the kind of and quality of materials. Before any contract is awarded the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials or equipment to be used in the work, together with samples, which samples may be subject to tests provided for in these specifications to determine their quality and fitness for the work. All materials and all workmanship shall be of good quality and meet specification requirements. Failure of the Owner or Engineer to request material, samples or conduct tests on the same does not relieve the Contractor of responsibility to furnish the material as specified. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner at a satisfactory rate of progress so as to insure completion by the date set forth in the Contract. The equipment used on any portion of the work shall be used in such a manner so as not to endanger the lives of the operators or others, nor cause damage to adjacent real property, roadways, structures, or any other property whatsoever. 60 Item # 13 Attachment number 1 Page 69 of 105 01000.03 PROGRESS PHOTOGRAPHS The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as directed by the Owner, showing the job, before, during and upon completion of the construction. Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions encountered during construction. 01000.04 STANDARDS Wherever in these Contract documents reference is made to any of the following, or other, specifications, codes, standards, and requirements, by abbreviation or name, it shall be understood that the specifications, codes, standards, and requirements in effect on the date of advertisement for bids shall govern. ASTM ASME ASA AWWA NEMA AIEE AASHTO NBFU NEC ACI AGA AISC AWPA Fed. Spec, SBC FDOT American Society for Testing Materials American Society for Mechanical Engineers American Standards Association American Water Works Association National Electric and Manufacturers Association American Institute of Electrical Engineers American Association of State Highway and Transportation Officials National Board Fire Underwriters National Electric Code American Concrete Institute American Gas Association American Institute Steel Construction American Wood Preservers Association Federal Specifications U.S. Government Southern Building Code Florida Department of Transportation "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY The Owner shall provide the land upon which the work is to be done, with right of access thereto unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate requirements of space and land for the erection of temporary construction facilities, office, and storage of materials. Should the Owner decide that the site of work is insufficient for such temporary facilities, the Contractor will be required to arrange for such additional space and land as may be necessary at his expense. 61 Item # 13 Attachment number 1 Page 70 of 105 The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of his work. In underground utility work all materials required in the work may be stored on the sides of the roadway or parking area of the street in which the utilities are to be constructed, as approved by the Owner and/or municipality having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly piled in such manner as to cause the least inconvenience to the property owners and the traffic. Material shall be stored outside of the "Clear Zone" of roadways. All fire hydrants must at all times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered. The materials shall be stored so as to insure the preservation of the quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces and shall be placed under cover as directed. Stored materials shall be located so as to facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private or public property shall not be used for storage purposes without the written permission of the Owner. 01000.06 UTILITIES The Contractor shall have the complete responsibility of coordinating his work with the owners of the various utilities now existing or to be constructed within the limits of this project so that a minimum delay in the construction shall occur there from. 01000.07 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall comply with the State of Florida Trench Safety Act. 01000.08 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. 62 Item # 13 Attachment number 1 Page 71 of 105 01000.09 BY-PASSING OF SEWAGE The Contractor shall schedule his work so as to either minimize or completely eliminate any by- pass of raw sewage during construction. 01000.10 DEWATERING AND SEWAGE PUMPS In general, all pumps utilized by Contractor during construction shall be electric motor driven. Internal combustion engine driven pumps may be used for a particular application only upon approval of the Owner. 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING The Contractor shall employ a competent surveyor satisfactory to the Owner to lay out the work from the bench marks, grades, dimensions, points and lines noted on the working drawings, established at the site, or supplied by the Engineer. All work of every description shall be laid out and checked by the Contractor who will be held solely responsible for its correctness, and all expenses in connection with this work shall be paid for by the Contractor. In the event batter boards are used the maximum allowable interval for construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00 percent (1%) and fifty (50) feet for grades of 1.00 percent (1%) and over. The work may be checked by the Owner and, in the event of discrepancy, his decision shall be final. No special compensation will be made to the Contractor to defray costs of any of the work or delays occasioned by making surveys and measurements, tests or inspections, but such costs shall be considered as having been included in the price stipulated for the several items of the work to be done under this contract. 01000.12 TESTS Tests of material, where required by the specifications, shall be paid for by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. 63 Item # 13 Attachment number 1 Page 72 of 105 01000.13 WATER AND POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the several items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main. The Contractor shall make his own arrangements for electric light and power, as may be required for his work. 01000.14 MONUMENTS AND LANDMARKS Monuments or landmarks shall not be molested or removed by the Contractor or any of his employees without written consent of the Owner. Any monument or landmark so removed will be replaced by the Owner at the expense of the Contractor. 01000.15 DETOURS The Contractor must so schedule his work that in no case are two adjoining parallel streets closed for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and maintaining "Detour" signs when required, or when directed by the Owner. 01000.16 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract. 64 Item # 13 Attachment number 1 Page 73 of 105 01000.17 SANITARY MEASURES Sanitary conveniences for the use of all persons employed on the work shall be provided and maintained by the Contractor in sufficient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations in regard to these matters. 01000.18 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste materiaL Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition. 01000.19 FAILURE TO CLEAN UP Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. 01000.20 RESTORATION OF SURFACE The Contractor shall replace all surface material, and shall restore paving (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks, sound brick, or asphalt paving blocks may be reused. 65 Item # 13 Attachment number 1 Page 74 of 105 01000.21 PROJECT RECORD DRAWINGS The Contractor shall maintain continuous "record" data for the project, including accurate records of location, length, and elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide specific information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of the job site, the Contractor shall deliver to the City Engineer or Owner the drawings with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for water mains shall include the location of valves, tees, and crosses dimensions to the nearest permanent objector monument. Information to be shown for sanitary sewer wyes shall include the distance to the nearest downstream manhole, length of service line, and building number served. The Contractor will be held responsible for the accuracy of such data and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the Contractor. 66 Item # 13 SECTION 02005 MOBILIZATION PART 1 - GENERAL 1.01 WORK INCLUDED Attachment number 1 Page 75 of 105 A. The work specified under this Section consists of the preparatory work and operations in mobilizing to begin work on the project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by these specifications, special provisions and state and local laws and regulations. B. The cost of bonds and any required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. PART 2 - PRODUCTS A. Not Applicable PART3-EXECUTION A. Not Applicable PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Mobilization for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 67 Item # 13 Attachment number 1 Page 76 of 105 SECTION 02221 TRENCffiNG, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work included under this Section consists of clearing, excavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. PART 2 - PRODUCTS 2.01 BEDDING MATERIAL A. Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock or similar material as approved by the Owner's Representative. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other fine inorganic material as approved by the Owner's Representative. 2A2 ADDITIONAL BACKFILL MATERIAL A. Additional backfill material shall be a noncohesive, nonplastic granular mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and when placed within 1-foot of piping and appurtenances stones or rocks shall be no larger than 2-inches in diameter (1-inch for PVC). PART3-EXECUTION 3.01 CLEARING A. The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored, or otherwise protected, preserved and restored unless otherwise directed by the Owner's Representative. 3A2 EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substances encountered, to the dimensions and depth shown on the Drawings, or as directed. All excavations shall be made by open cut. All existing utilities such as pipes, poles and structures shall be carefully supported and protected from 68 Item # 13 Attachment number 1 Page 77 of 105 injury, and in case of damage, they shall be restored at no cost to the Owner's Representative. B. Trench walls shall be kept to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level 2-feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner's Representative approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated materiaL A substantially and safely constructed movable shield, "box" or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8- inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8- inches below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private property. In congested areas, such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. 69 Item # 13 Attachment number 1 Page 78 of 105 H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. I. Suitable material in excess of backfill requirements and all unsuitable material shall become the property of the Contractor and shall be removed from the work and disposed of by the Contractor at his expense. J. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limits of the project as directed by the Owner's Representative. The disposal area shall be finish graded upon completion of the work. 3.03 REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures are installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction. B. The Contractor shall provide all necessary pumps, underdrains, well-point systems, and other means for removing water from trenches and other parts of the work. The Contractor shall continue dewatering operations until the backfill has progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner's Representative for approval and shall receive approval before starting the excavation. 3.04 PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with approved pipe bedding materials, up to the level of the lower one- third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate support and bearing under the fitting. Bedding material for piping shall be pea rock, drainfield lime rock, or similar materials as approved by the Owner's Representative. Lime rock screenings, sand or other fine inorganic material from �o Item # 13 Attachment number 1 Page 79 of 105 the excavation may be used for bedding material when pipe is installed above the natural water table. B. Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no additional cost to the Owner's Representative. 3.05 BACKFILL UNDER MANHOLES AND METER VAULTS A. Any excavation below the levels required for the proper construction of manholes or meter vaults shall be filled with Class I concrete. The use of earth, rock, sand or other materials for this purpose will not be permitted. 3.06 TRENCH STABILIZATION A. No claim for extras, or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. 3.07 SPECIAL PIPE FOUNDATION A. General: When shown on the Drawings or when directed by the Owner, the Contractor shall provide the special type of pipe foundation in lieu of the pipe bedding as specified above and provide the additional excavation required. B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where directed by the Owner's Representative. Foundation material shall be crushed, graded, local limestone suitable for use as concrete aggregate. Gradation shall be such that 95-100 percent of the material will pass a 1-inch square opening laboratory sieve. Material shall be placed from 1-foot below the barrel of the pipe to 6-inches above the pipe and the width of the foundation material as placed around the pipe shall not be less than the outside diameter of the pipe, plus 12- inches. Construction of Type A pipe foundation shall be as shown or indicated on the Drawings. Foundation material shall be placed in the bottom of the trench and compacted to an elevation, which will provide firm bedding for the full pipe length, after which material shall be placed and compacted evenly on both sides of the pipe and above the pipe to an elevation 6-inches above the top of the pipe barreL Pipe shall not be displaced or damaged during placement and compaction of the foundation material. C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory material exists at the bottom of the trench, the Owner's Representative may direct 71 Item # 13 Attachment number 1 Page 80 of 105 the use of Type B Pipe Foundation. Only the pipe foundation ordered by the Owner's Representative will be paid for. Construction shall be in accordance with the details shown or indicated on the Drawings. Concrete shall be Class I. 3.08 BACKFILL A. Backfilling of utility trenches will not be allowed until the work has been approved by the Owner's Representative, pressure tested if required, and the Owner's Representative indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner's Representative shall be uncovered or exposed for inspection at no cost to the Owner's Representative. Partial backfill may be made to restrain the pipe during pressure testing. B. Backfill material shall be noncohesive, nonplastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within 1-foot of piping and appurtenances shall not contain any stones or rocks larger than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6- inches in diameter will be permitted in any backfill. C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner's Representative will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. No payment will be made for additional backfill material used to replace nonplastic material (rock) over 6-inches in diameter. D. Selected backfill material containing no stone or rocks larger than 2-inches shall be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Particular attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E. After the backfill has been placed to a level 12-inches over the waterline or force main pipe, the remainder of the backfill shall be placed in layers, not to exceed 9- inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. F. After selected backfill has been placed to a depth of 12-inches over the sewer pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the backfill material in 6-inch layers and thoroughly compacting it with mechanical vibrators. Backfill in this portion of the work shall be compacted to 90 percent of maximum density of the material as hereinafter defined, unless otherwise specified on the plans. �2 Item # 13 Attachment number 1 Page 81 of 105 G. After the backfill has been placed to a level 30-inches over the sewer pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. H. Within paved areas of trench excavation, the base and surfacing shall be reconstructed as specified under Section 02574 Pavement Removal and Replacement. I. No more than 800-feet of trench with pipe in place shall be partially backfilled at any time. 3.09 COMPACTION AND DENSITIES A. Methods of control and testing of backfill construction to be employed in this work are: 1. Maximum density of the material in trenches shall be determined by AASHTO Designation T-180, unless otherwise noted. 2. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner's Representative, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor's expense. Tests will be made at depths and locations selected by the Owner's Representative. C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. 3.10 ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner's Representative, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner's Representative and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding materiaL Sufficient compaction of this material shall be performed to 73 Item # 13 Attachment number 1 Page 82 of 105 protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of Article 3.04 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner's Representative. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the Owner's Representative and obtain his determination as to whether or not the material will require removal, prior to preparing the pipe bedding. C. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in Article 3.08 Backfill. 3.11 ALTERNATE METHOD OF CONSTRUCTION A. GeneraL• 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner's Representative, may elect to employ the following alternate method of construction. The concurrence of the Owner's Representative shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner's Representatives shall determine. 2. The construction specifications contained in the preceding parts of this section shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory completion of the work. No additional payment will be made to the Contractor for excavation, backfill, sheeting or any costs incurred for work or materials, or any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accordance with the following specifications. All requirements of Article 3.01 through Article 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. 74 Item # 13 Attachment number 1 Page 83 of 105 B. Removal of Water: The installation of pipe, manholes and appurtenances under water will be permitted and the requirements of Article 3.03 Removal of water will be waived. C. Excavation: 1. Excavation of pipe trenches to the level of the bottom of the proposed pipe bedding shall be performed in accordance with Article 3.02 Excavation. if rock, such as lime rock or other similar hard, cemented material providing firm, unyielding trench bottoms is encountered at the level of the bottom of the proposed pipe bedding, no additional excavation will be required. If material such as sand, marl, or other material which cannot be classified as rock, as hereinabove defined, is encountered at the level of the bottom of the proposed pipe bedding, the pipe trench shall be excavated to an additional depth of 10-inches minimum, below that level. This additional excavation, and the additional back filling made necessary thereby, is an essential part of this alternate construction method and no additional payment will be made for this work, regardless of the type of material encountered. 2. Excavation for manholes to be installed under water shall be continued to a depth, below the outside bottom of the proposed structure, which will provide a minimum space of 12-inches in rock, or 24-inches in sand, as the same are defined hereinabove, for the placement of drainfield lime rock as hereinafter specified. 3. The excavation of pipe trenches at their junction with excavations for manholes shall be modified in the following manner: A longitudinally sloping, plane bottom surface, for the placement of pipe bedding material, shall be provided from the bottom of the manhole excavation, at its extremity, to a line of intersection with the bottom of typical excavation of 10-feet measured horizontally, from the vertical plane of the manhole excavation. D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be backfilled to receive the pipe or manhole with drainfield lime rock as the same is commonly referred to in this area, up to the level of the lower one-third of the proposed pipe barrel, or to the outside bottom of the proposed manhole as applicable. This backfill shall be tamped and compacted to provide proper bedding for the pipe or manhole, as also specified herein. Under no circumstances will material other than drainfield lime rock be considered satisfactory for use as bedding material for underwater construction. E. BackfilL• 75 Item # 13 Attachment number 1 Page 84 of 105 1. After the pipe is installed, backfilling shall proceed in accordance with the provisions of Article 3.08 Backfill, except that drainfield lime rock shall be used to back fill around the pipe and to a level even with the top of the pipe belL Under no circumstances will material other than drainfield limerock be considered satisfactory for this purpose. 2. If the Alternate Method of Construction is used, all backfill material, including drainfield lime rock, shall be carefully lifted into the trench and released to fall freely therein when the bucket or container is at or just above water leveL Under no circumstances shall backfill material be dumped or pushed into trenches containing water. Below the existing water level, backfill material shall be carefully rammed into place in uniform layers. Above the water level, backfill material shall be placed and compacted as specified in Article 3.08 Backfill and Article 3.09 Compaction and Densities. 312 RESTORATION OF EXISTING SURFACES A. Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 76 Item # 13 Attachment number 1 Page 85 of 105 SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shall be responsible for the protection of all types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. PART 2 - PRODUCTS 2.01 MATERIALS A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by the FDOT Specifications. 1. Lime rock shall be Miami or Ocala Lime rock. 2. Bituminous prime coat material shall be cutback asphalt Grade RC-70. 3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2. 4. Asphaltic concrete shall be Type S-I or S-III. 5. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. 6. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A185 and ASTM-A615. �� Item # 13 Attachment number 1 Page 86 of 105 PART3-EXECUTION 3.01 PREPARATION A. Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, extreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. 3A2 PERFORMANCE A. Removals: 1. Pavement RemovaL• a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal shall be minimal. b. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until final restoration. Said surfacing shall remain for 10 days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of final restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. 2. Sidewalk, Drive, & Curb RemovaL• Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a formed joint in the concrete is within 3-feet of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. 78 Item # 13 Attachment number 1 Page 87 of 105 B. Restorations: 1. GeneraL• Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum requirements. Backfill shall comply with the other sections of these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180. field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of 24- hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of 24-hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient existing material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. The completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. £ After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I asphaltic concrete shall be constructed in 79 Item # 13 Attachment number 1 Page 88 of 105 accordance with the plans or requirements specified above for pavement restoration. 3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as specified above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewalks, walkways, driveways, driveway ribbons and curbs required to be removed for the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform to the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of 4-inch minimum thickness; concrete driveways and driveway ribbons shall be 6-inch minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. 5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or cleanfill material and compacted to a thickness to match the existing base. a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner's Representative. Provision for expansion joints (minimum �/2" preformed joint filler) and saw cut joints shall be a part of the restoration work for the driveway and roadway. 6. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to 80 Item # 13 Attachment number 1 Page 89 of 105 the limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches of compacted lime rock base material placed in the top of the trench. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 81 Item # 13 Attachment number 1 Page 90 of 105 SECTION 02685 NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of all labor, services, equipment, materials, labor, testing and purging required to complete the construction of the gas main consisting of, but not limited to, piping, appurtenances and other accessories as shown on the Drawings. PART 2 - PRODUCTS 2.01 MATERIALS A. Clearwater Gas System will furnish all gas related material in connection with the installation of gas mains and service lines. Materials will be available for pick-up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary for loading the materials supplied by the City of Clearwater. PART3-EXECUTION 3.01 LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itsel£ When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be used in such a manner so as not to damage the pipe itsel£ Pipe shall not be dragged along the ground surfaces. 82 Item # 13 Attachment number 1 Page 91 of 105 3.02 INSTALLATION A. Installation shall include excavation whether by trenching machine, backhoe, directional drilling, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The word "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, not less than one foot clearance will be permitted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Laying is the handling and hauling of pipe from the designated storage areas incident to placing and joining over or parallel with trench (see ditching). 2. Before each section of pipe is installed in the line, internal surface shall be suitably clean. 3. The pipeline shall be pigged and safely purged prior to final acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be closed at night to prevent animals or foreign material from entering the pipe line or pipe section. 5. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not be tolerated. 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum 36-inch depth of cover unless shown otherwise. No gas line 83 Item # 13 Attachment number 1 Page 92 of 105 shall be installed at a depth of less than 36 inches or greater than 48" inches below finish grade without written approval of the owner. 9. Width of ditch shall be no less than twice the pipe diameter. 10. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. 11. Plastic pipe must be installed so as to minimize shear or tensile stresses. 12. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches and labeled D 2513. 13. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains 4-inches or larger shall be marked by 4-inch wide non-metallic marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where 500 feet of pipe is laid between valves, empty valve boxes shall be installed over the gas main with tracer wire looped up every 500 feet. In commercially zoned areas, plastic marker poles with tracer wire looped up and attached may be substituted for gas test station type valve boxes with the inspector's approvaL All tracer wire splices shall be made by the use of a direct bury splice kit, electric and duct tape connections are prohibited. Upon completion of the project, and before final payment, the inspector will check the continuity of the tracer wire to ensure that there are no separations, and the tracer wire can be used for locating purposes. The Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes, marker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat, with the exception of directional drilling placement. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves that are damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to 84 Item # 13 Attachment number 1 Page 93 of 105 be flush with final grade. Gas valves shall be marked by adhesive identification disks affixed to the permanent curb or the permanent pavement and marker poles installed if warranted for visibility. 3.03 QUALIFICATION OF JOINING PROCEDURES A. Joining procedures shall be in accordance with Section 192.283 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers, and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. D. The Operations Coordinator will furnish a copy of the manufacturers recommended Heat Fusion Joining Procedures Manual at the time of certification. 3.04 QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct such evaluation initially and on an annual basis. Records shall be maintained of personnel qualified to make joints. C. Contractor employees and their sub contractors must meet the requirements and intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating to Operator Qualification issued on August 27, 1999 and effective with mandatory training to be completed by October 27, 2002 and continued knowledge, skills and ability training, hands on task assessments, to comply with the current OQ requirements. The Contractor shall furnish for review to the Operations Coordinator their current plan, so it can be reviewed for compliance. The Contractor must state in writing that their qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System's Operator Qualification Plan. The Contractor's Operator Qualification Plan must also explain how their employees have the ability to identify and safely react to natural gas related Abnormal Operating Conditions that may be encountered. 85 Item # 13 Attachment number 1 Page 94 of 105 3.05 INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Operations Coordinator with concurrence of the Operations Manager. 3.06 JOINING PLASTIC PIPE A. In general, all plastic joining shall be in accordance with Ame�ican Standa�ds Code fo� P�essu�e Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. C. Each heat fusion joint on plastic pipe must comply with the following: 1. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. 3.07 TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to 90 pounds per square inch for PE 2406, 150 lbs per square inch for PE 3408, or no less than the Maximum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart-type pressure instrument. Test duration shall be a minimum of 24 hours and longer as required. B. Testing shall be in accordance with the rating of the specific material in use. C. Fusion joints shall be a one-half inch molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. 3.08 ANTI-DRUG AND ALCOHOL PROGRAM 86 Item # 13 Attachment number 1 Page 95 of 105 A. The contractor agrees that it has in place, or will implement a drug and alcohol training and testing program for its employees that comply with the requirements of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199, Drug Testing Program for Pipeline Personnel. The Contractor further agrees to allow access to its property and records by the Human Resources Director, or appointed designee, of the City of Clearwater. The Contractor will permit representatives of state or federal agencies who monitor the compliance of Drug and Alcohol rules/regulations access to its property and records. The contractor shall furnish quarterly statistical reports to the Operations Coordinator. B. Said program shall provide pre-employment, random, for cause and post accident drug training and testing (alcohol for cause testing) for all of its employees as required by Federal regulations and who are assigned to perform services for Clearwater Gas System. C. The contractor shall attest in writing, under oath, the following: 1. That the contracting firm has an agreement with a drug testing laboratory certified by HHS/I�TIDA and an alcohol testing facility; 2. The name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing program; 3. That all employees of the contractor have been drug tested pre- employment; and 4. That all employees covered by the US Department of Transportation Regulation 199 receive random, for cause and post accident drug testing and alcohol testing for cause pursuant to such regulation. D. Prior to doing any work for the Clearwater Gas System, the contractor will submit a copy of their current Alcohol Testing Policy and Drug Testing Policy. This policy will be included in a response to the Request for Bid. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Natural Gas Pipeline Installation for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 87 Item # 13 Attachment number 1 Page 96 of 105 4.02 PAYMENT A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 88 Item # 13 Attachment number 1 Page 97 of 105 SECTION 02696 DIRECTIONAL DRILL UTILITY PLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground utilities by directional drill methods. This work shall include all services, equipment, materials, labor and testing required to complete the utility installation and restore any disturbed areas to their existing or better conditions. PART 2 - PRODUCTS 2.01 MATERIALS A. Plastic pipe must meet or exceed the following strength and composition standards: PE (Polyethylene) ASTM D 2447 PE (Polyethylene) ASTM D 2513 For gas pipes over 3�/2" diameter a. Plastic Pipe 1. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type pipe being used. 2. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of installation, with joints completely set and cured prior to placement of the pipe. B. Drilling Fluids shall consist of a miYture of potable water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. 2.02 EQUIPMENT A. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with these specifications without showing evidence of undue stress or failure. 89 Item # 13 Attachment number 1 Page 98 of 105 It shall be the responsibility of the Contractor to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. 1. General Arrangement of Tunnel Boring System: The tunnel boring equipment shall consist of truck-mounted field power unit and a trailer or dolly mounter drill unit. A minimum crew of three people is required to operate the units. a. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high pressure bentonite cutting fluid to the drill unit. It shall contain a 1,000 gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during tunneling in response to changing soil conditions. The field power unit shall contain the power-takeoff-driven high pressure bentonite pumping system. b. Directional Drill System: A dolly mounted version of the drill system shall include a thrust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push 10-foot (3-meter) minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of a high strength steel which permits them to bend to a 30-foot (9-meter) radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery-operated electronic system used to determine tool depth and location from surface and to orient the head for steering. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non- mechanical but essential items shall be in sound condition and replaced immediately when need is apparent. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the 90 Item # 13 Attachment number 1 Page 99 of 105 Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. Water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. 2. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuum and capacity to remove excess bentonite mixture from the project site as required or directed by the Owner's Representative. PART3-EXECUTION 3.01 PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision making capacity concerning the manner and method of carrying out the work specified herein. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the project site during the actual crossing operation. 3A2 COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that 91 Item # 13 Attachment number 1 Page 100 of 105 proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. B. The Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. 3.03 PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractor. C. Equipment Set-Up: 1. The general operating sequence of the tunneling system shall be as follows: a. The trailer or dolly is positioned at the starting location. b. The tool head and first drill pipe are loaded onto the thrust frame. c. The proper cutting fluid pressure is set on the field power unit. d. The tool is advanced and steered level at the proper depth using the locator to sense tool position. e. More drill pipe is added as the tool is advanced. £ After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep the tool on course. g. Steps "e" and "f' are repeated until the tool advances to the end of the run. h. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. The utility is attached to the reamer. 92 Item # 13 Attachment number 1 Page 101 of 105 j. The drill pipe is withdrawn from the hole pulling the utility. k. Utility connections are made. l. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: 1. In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. 3.04 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound 93 Item # 13 Attachment number 1 Page 102 of 105 engineering judgment and must be fully documented as further specified herein. Any alteration or waiver must be approved by the Engineer. 3.05 REPORTING PROCEDURES A. An accurate log shall be kept by the Contractor on all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspector's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every 10 feet along the crossing. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 94 Item # 13 SECTION 02935 SODDING PART 1 - GENERAL 1.01 WORK INCLUDED Attachment number 1 Page 103 of 105 A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass, until rooted. PART 2 - PRODUCTS 2.01 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. 2A2 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART3-EXECUTION 3.01 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion, may authorize the elimination of ground preparation. 3.03 PLACING SOD 95 Item # 13 Attachment number 1 Page 104 of 105 A. The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6- inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. C. On steep slopes, the Contractor shall, if so directed by the Owner's Representative, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. D. Sod which has been cut for more than 72 hours shall not be used unless specifically authorized by the Owner's Representative after his inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. Sodding shall not be performed when weather and soil conditions are, in the Owner's Representative opinion, unsuitable for proper results. 3.04 WATERING A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner's Representative, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). 3.05 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. PART 4- MEASUREMENT AND PAYMENT 96 Item # 13 Attachment number 1 Page 105 of 105 4.01 MEASUREMENT A. The quantity of Sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Sodding shall be made at the prices stated in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 97 Item # 13 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve Supplemental Agreement 5, in the amount of $368,050, and Supplemental Agreement 6, in the amount of $53,390, with Arcadis U.S., Inc. for the treatment of contaminated soils located at the Former Manufactured Gas Plant site and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (the City) will contract with Arcadis, an environmental contractor/consultant, who will in turn contract with the University of Waterloo to conduct a 5-year project to analyze and treat contaminated soils located at the former manufactured gas plant (MGP) site. The University plans to treat the soils by injecting Persulfate into the impacted area. This will chemically interact with the soil and abate any off-site groundwater impacts on the Finellas County Health Dept property, located southeast of the MGP site. If the project is successful, the migration of contaminated soils will stop, and Clearwater will have contained 100% of the impacted soils on Gas Division property. Chemical oxidation is touted as a very effective method in dealing with Manufactured Gas Plant (MGP) residuals. This is a proprietary remediation technique, which Bill Pence, outside Environmental Attorney and Remediation Project Leader, believes is state-of-the-art and will save the City considerable long term clean up costs. The University has developed this concept and will use this project as a beta site to prove remediation technique. Because of this, the University is investing approximately $848,000 toward the project. CGS cost will be $368,050 (under Supplemental Agreement 5) which covers all expenses the University of Waterloo will bill to Arcadis, and subsequently pass through to Clearwater. Supplemental Agreement 6 will cover costs incurred by Arcadis (i.e., drilling services and field oversight) on tasks 1 and 2 of the project. Tasks to be performed: Task I: Source Area Characterization and Establishment of Baseline Conditions. Conduct additional source area characterization of, and establish baseline conditions. Activities shall include the installation and sampling of additional monitoring wells, and the collection of additional soil cores. Task 2: Bench-Scale Experiments. Design and conduct bench-scale experiments, using soils and groundwater collected from the MGP Site, to establish potential treatability end-points, stable by-product formation, isotope fractionation, oxidant-solids interaction, optimal catalyst chemistry, dosing requirements, and biological impacts, such that the information collected from the bench-scale experiments can be utilized in designing a Site-specific treatment system. Task 3: Push-Pull Tests. Design and implement a push-pull test to assess the ability of the Site-specific treatment system to treat MGP residual within the surficial aquifer. Task 4: Diffusion Modeling to Assess Treatability of the Clay Unit. Perform diffusion scenario modeling to estimate mass-flux, time frames and potential treatment options to be applied in the likely event that dissolved phase contaminants that have become bound up in the clay layer back-diffuse from the clay layer to the surficial aquifer once the contaminant concentrations in the surficial aquifer have been substantially reduced by the implementation of the Site-specific treatment system. Task 5: Design and Installation of Initial Delivery Infrastructure. Design and implement a pilot-scale experime�uove t�le og the information gathered in Tasks 1-4, to deliver localized treatment to the Site over the course of multiple treatment events. Item # 14 Task 6: Treatment and Short-Term Monitoring. Collect samples from selected monitoring wells to gauge treatment performance and to determine whether any modifications to the treatment delivery method are warranted, prior to conducting subsequent delivery events. Task 7: Long-Term Monitoring. Conduct long-term groundwater monitoring over a one (1) to two (2) year period (post treatment) in order to capture system rebound and to establish a new quasi-steady-state condition following treatment; collect soil cores to evaluate the changes in conditions effected by the Site-specific treatment system. The Department of Environmental Protection (DEP) has approved this remediation proposal, in concept, and ready for Clearwater to start Task 1 in late January/early February 2011. CGS has these funds budgeted in CIP 315-96358, from Insurance Proceeds and other rate recovery funds. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 421,440 421,440 10/1/2010 to 9/30/2011 Budget Adjustment: Annual Operating Cost: Total Cost: None 421,440 Appropriation Code Amount Appropriation Comment 315-96358 421,440 Environmental Remediation Review Approval: 1) Lega12) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 35 SUPPLEMENTAL AGREEMENT NO. 5 TO MASTER AGREEMENT DATED APRIL 9, 2008 THIS SUPPLEMENTAL AGREEMENT is issued as of this day of January, 2011, by and between THE CITY OF CLEARWATER, d/b/a CLEARWATER GAS SYSTEM ("City") and ARCADIS U.S., INC. (formerly known as LFR, INC. ("LFR")) ("Consultant"). City and Consultant agree upon the following terms and conditions, which shall be incorporated into the Master Agreement as supplemental provisions. 1. DESCRIPTION OF WORK: Consultant, through its wholly owned subsidiary ARCADIS Canada, Inc. ("ACP'), shall enter into a Sponsored Research Contract with the University in a form consistent with that provided in Exhibit "A" to this Supplemental Agreement of Waterloo (the "Sponsored Research Contract"). The Sponsored Research Contract shall provide for completion of the tasks described briefly below, as those tasks are more fully set forth in the proposal prepared by Neil R. Thomson, Ph.D., on behalf of the University of Waterloo, dated October 25, 2010 ("Proposal"), which has been submitted to, and conditionally approved by, the Florida Department of Environmental Protection ("FDEP"). A copy of the Proposal is attached hereto as Exhibit "B." a) Task L• Source Area Characterization and Establishment of � Baseline Conditions. Conduct additional source area characterization of, and establish baseline conditions for, City's former manufactured gas plant ("MGP") located in Clearwater, Florida (the "Site"), which activities shall include, without limitation, the installation and sampling of additional monitoring wells, and the collection of additional soil cores; b) Task 2: Bench-Scale Experiments. Design and conduct bench-scale experiments, using soils and groundwater collected from the Site, to establish potential treatability end-points, stable by-product formation, isotope fractionation, oxidant-solids interaction, optimal catalyst chemistry, dosing requirements, and biological impacts, such that the information collected from the bench-scale experiments can be utilized in designing a Site-specific treatment system; c) Task 3: Push-Pull Tests. Design and implement a push-pull test to assess the ability of the Site-specific treatment system to aggressively treat MGP residual within the surficial aquifer; 1 Item # 14 Attachment number 1 Page 2 of 35 d) Task 4: Diffusion Modeling to Assess Treatability of� the Clay tlni� Perform diffusion scenario modeling to estimate mass-flux, time frames and potential treatment options to be applied in the likely event that dissolved phase contaminants that have become bound up in the clay layer back-diffuse from the clay layer to the surf�icial aquifer once the contaminant concentrations in the surf�icial aquifer have been substantially reduced by the implementation of the Site-specific treatment system; e) Task 5: Design and Installation of�Initial Delivery Infrastructure. Design and implement a pilot-scale experiment, utilizing the information gathered in Tasks 1- 4, to deliver localized treatment to the Site over the course of multiple treatment events; � Task 6: Treatment and Short-Term Monitoring. Collect samples from selected monitoring wells to gauge treatment performance and to determine whether any modifications to the treatment delivery method are warranted, prior to conducting subsequent delivery events; and g) Task 7: Long-Term Monitoring. Conduct long-term groundwater monitoring over a one (1) to two (2) year period (post treatment) in order to capture system rebound and to establish a new quasi-steady-state condition following treatment; collect soil cores to evaluate the changes in conditions effected by the Site- specific treatment system. Tasks 1 through 7 above shall be collectively referred to herein as the "Work" Consultant is authorized to proceed with Task 1 and Task 2 immediately upon execution of this Supplemental Agreement. Consultant shall not initiate Task 3, Task 4, Task 5, Task 6 or Task 7 without prior written authorization from City and, as applicable, the Florida Department of Environmental Protection ("FDEP"). Such prior written consent may be conditioned upon the City's and/or FDEP's receipt and approval of a detailed work plan for each task, as applicable. 2. FEES AND COSTS: The fees and costs for the Work described in Exhibit "B" shall be billed on a time and materials basis by task and shall not exceed a total authorized cost of Three Hundred Sixty-Eight Thousand and Fifty and 00/100 Dollars ($368,050.00) (the "Cost"). Consultant shall pass through to City the fees and costs incurred by the University of Waterloo for performance of the Work, as invoiced by the University of Waterloo to 2 Item # 14 Attachment number 1 Page 3 of 35 Consultant, at no mark up in cost. Invoices shall be mailed to City within ten (10) business days of receipt by Consultant from the University of Waterloo. The Cost shall be allocated by task as follows: a) the maximum amount for the fees and costs associated with Task 1 shall not exceed Seventy-Six Thousand, Four Hundred and Forty-Seven and 00/100 Dollars ($76,447.00); b) the maximum amount for the fees and costs associated with the Task 2 shall not exceed Eighty-Seven Thousand, Eight Hundred and Eighty and 00/100 Dollars ($87,880.00); c) the maximum amount for the fees and costs associated with the Task 3 shall not exceed Twenty-Nine Thousand and Three and 00/100 Dollars ($29,003.00); d) the maximum amount for the fees and costs associated with the Task 4 shall not exceed Seven Thousand, Four Hundred and Ten and 00/100 Dollars ($7,410.00); e) the maximum amount for the fees and costs associated with the Task 5 shall not exceed Seventeen Thousand, Seven Hundred and Seventy-One and 00/100 Dollars ($17,771.00); f� the maximum amount for the fees and costs associated with the Task 6 shall not exceed One Hundred and Two Thousand, Seven Hundred and Fifty-Two and 00/100 Dollars ($102,752.00); and g) the maximum amount for the fees and costs associated with the Task 7 shall not exceed Forty-Six Thousand, Seven Hundred and Eighty-Seven and 00/100 Dollars ($46,787.00). 3. TIME FOR COMPLETION: a) The Work shall be completed within five years from the Effective Date hereof, in general accordance with the schedule set forth in the attached Exhibit `B." b) The monitoring wells installed in connection with Task 1 shall be sampled at least one (1) time each quarter during the twelve (12) month period immediately following the installation of the same. A report detailing the results of each such sampling event shall be submitted to FDEP within sixty (60) days of each such sampling event. A final report evaluating the results of Task 1 and Task 2 shall be submitted to FDEP within sixty (60) days of the last such sampling event. 3 Item # 14 Attachment number 1 Page 4 of 35 c) At least sixty (60) days prior to proceeding with Task 3, but in no event later than December 31, 2011, Consultant shall submit a work plan to City and FDEP seeking approval to proceed with Task 3 and Task 4. d) All reports, work plans or other written product required to be submitted to FDEP pursuant to this Supplemental Agreement shall be submitted in draft form to City and City's counsel no less than ten (10) working days prior to the date on which each respective report must be submitted to FDEP. Two (2) signed and sealed originals of each final report shall be submitted to City and two (2) signed and sealed originals of each final report shall be submitted to FDEP within three (3) working days of Consultant's receipt of City's comments to the draft report. 4. CONFLICT/INCORPORATION BY REFERENCE: With respect to the Work performed pursuant to this Supplemental Agreement only, the Master Agreement and this Supplemental Agreement are subject to the terms and conditions of the Sponsored Research Contract, which is hereby incorporated by reference, thereby to the extent that there is a conflict between the Master Agreement, this Supplemental Agreement, and the Sponsored Research Contract, the terms and conditions of the Sponsored Research Contract shall apply, it being the intent of the parties that this Supplemental Agreement is a pass-through agreement and Consultant's obligations to City shall not exceed the University of Waterloo's obligations to ACI under the Sponsored Research Contract. Notwithstanding the foregoing, this Supplemental Agreement shall be governed by the laws of the State of Florida, including, but not limited to, the Florida Public Records Act, Chapter 119, Florida Statutes ("F. S."), and the Florida Prompt Payment Act, §§ 255.0705-255.078, F.S., and venue shall lie in the courts of the County of Pinellas, State of Florida, and Consultant hereby consents to the jurisdiction of said courts. 5. TERMS AND CONDITIONS: Except as noted herein, this Supplemental Agreement is subject to the terms and conditions of the Master Agreement, all of which shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] 4 Item # 14 APPROVALS REQUIRED: "CITY" Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney "CONSULTANT" ARCADIS U.S., INC. By: Print Name: Title: Consultant Mailing Address: 14055 Riveredge Drive Suite 400 Tampa, FL 33637 Employer I.D. No. 57-0373224 I� Attest: � Attachment number 1 Page 5 of 35 CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Rosemarie Call City Clerk Item # 14 EXHIBIT "A" SPONSORED RESEARCH AGREEMENT # (Treatment of Former Manufactured Gas Plant Residuals Using In Situ Chemical Oxidation: Clearwater Florida) Between University of Waterloo Office of Research Contracts Research and Industrial Grants 200 University Avenue West Waterloo, Ontario N2L 3G1 (hereinafter referred to as the "University") and A A I aaa,I�o 441 �� Aven�e S, S�ite 3QQ �al�ary, Alberta T21� 2V1 (hereinafter referred to as the "Client") Attachment number 1 Page 6 of 35 WHEREAS the University and the Client wish to enter into this agreement to have the University perform the research as set forth in Schedule "A" in accordance with the terms and conditions of this agreement; and WHEREAS pursuant to the wishes of the City of Clearwater, Florida, ARCADIS U.S., Inc. is contemporaneously entering into an agreement for the performance of the research set forth in Schedule "A". NOW THEREFORE in consideration of the premises and the mutual covenants, terms, conditions and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 — DEFINITIONS 1.1 "Agreement" means this Sponsored Research Agreement including all attached schedules, as the same may be supplemented, amended, restated or replaced in writing from time to time; 12 `Background Intellectual Property" means proprietary or Confidential Information of the University, Creator(s), or the Client which is disclosed to the other for the purpose of the Research Plan; 1 Item # 14 Attachment number 1 Page 7 of 35 1.3 "Confidential Information" means the specific terms and conditions set forth in this Agreement, and any information, which is disclosed by one party to the other party for the purpose of the Research Plan provided that tangible materials are clearly marked as "Confidential" and any information provided orally or visually is identified as confidential at the time of disclosure, and confirmed as confidential in writing within fifteen (15) days of such disclosure, but shall not include information that: (a) is or becomes generally available to the public other than as a result of any act by a receiving party to this Agreement; (b) is rightfully received from a third party without similar restriction or without breach of this Agreement; (c) a receiving party is able to demonstrate, in writing, was known to it on a non- confidential basis; or (d) was independently developed by a receiving party without the use of any of the Confidential Information. 1.4 "Controlled Item" has the meaning set forth in Section 2.6; 1.5 "Creators" means collectively, the Principal Investigator(s) and any University Research Participants; 1.6 "Effective Date" means the date shown in Section 13.1 of this Agreement; 1.7 "Option Period" has the meaning set forth in Section 7.3; 1.8 "Principal Investigator" has the meaning set forth in Section 2.3; 1.9 "Research Participant Agreement" has the meaning set forth in Section 2.4; 1.10 "Research Plan" has the meaning set forth in Section 2.2. 1.11 "Research Results" means the technical information, know-how, copyrights, models, specifications, prototypes or inventions, whether patentable or unpatentable, developed in performance of the Research Plan; 1.12 "University Research Participants" means University researchers, including, but not limited to, students, post doctoral fellows, research associates, who participate in the Research Plan; ARTICLE 2 - OBJECTIVES 2.1 The Effective Date of this Agreement is as provided in Section 13.1. 2 Item # 14 Attachment number 1 Page 8 of 35 2.2 The University shall perform, or procure the performance of, the research plan as set forth in Schedule "A" (the "Research Plan") upon the terms and conditions hereinafter set forth. 2.3 The Principal Investigator(s) of the Research Plan shall be Neil R. Thomson, PhD, PEng of the University's Department of Civil and Environmental Engineering, and he shall be responsible for the technical content of the Research Plan. 2.4 Each University Research Participant shall sign a Research Participant Agreement as set forth in Schedule "B". 2.5 Notwithstanding Section 2.2 hereof, the Client and the University agree that until such time as all regulatory requirements have been obtained, including all necessary approvals of any regulatory or research ethics board concerned, no work requiring such regulatory or ethics approvals shall commence (excepting any preliminary preparations which are not restricted by such requirements). For greater certainty, any delay in obtaining such approvals shall not be considered a default or breach by either the Client or the University. 2.6 The Client and the University acknowledge that some research, particularly that in the natural sciences and engineering may be subject to export control laws and regulations of Canada or the U.S. For example, transmitting the results of, or information about, certain research may require first obtaining an export permit or other authorization. Certain research may also be subject to regulation by the Controlled Goods Directorate (CGD) of Public Works and Government Services Canada (PWGSC), in accordance with the Defence Production Act (DPA) and the Controlled Goods Regulations (CGR). Information may be obtained from the CGD Website at http://www. cgd. gc. ca/cgdweb/text/index_e.htm. 2.7 The Client shall use reasonable efforts to determine whether or not the Research Plan contains or may result in, items subject to these laws and regulations (a "Controlled Item"). In the event that a Controlled Item is identified in the Research Plan, then the Client and the University shall comply with all applicable Canadian and U. S. export control laws and regulations. In the event that the Client wishes to include a Controlled Item into the Research Plan at any time during the term of this Agreement, then the Client and the University agree as follows: (a) the Client shall promptly notify the University of the Controlled Item's classification prior to any shipment or transmission to the University; (b) the University may, at the University's sole discretion, accept or reject the delivery of the Controlled Item; and (c) in the event that the University rej ects the delivery of the Controlled Item, such rejection by the University shall not constitute a breach of this Agreement. 3 Item # 14 Attachment number 1 Page 9 of 35 ARTICLE 3 - FEES 3.1 In consideration of the University carrying out the Research Plan, the Client shall pay the University the sum of Three-Hundred-Sixty-Eight-Thousand-Fifty dollars ($368,050 USD), which amount is inclusive of overhead expenses. 3.2 The sum stipulated in Section 3.1 shall be paid by the Client electronically or by cheque made payable to the University of Waterloo (Attn: Finance Department, ECH, 200 University Avenue West, Waterloo, Ontario N2L 3G1) within thirty (30) days of receipt of invoice(s) according to the following schedule: (a) 3.3 Invoices to the Client shall be sent to ARCADIS Canada, Inc., 441 Sm Avenue, Suite 300, Calgary, Alberta T2P 2V1. 3.4 Interest on overdue accounts will be charged at current bank rates on amounts not paid within thirty (30) days of submission of invoice. 3.5 The University shall not be obliged to perform any work beyond the Research Plan which would cause the aggregate costs to exceed the amount set forth in Section 3.1. 3.6 University and Client both agree that payment to the University is contingent upon continued financial support to Client from the City of Clearwater, Florida on a continuing basis pursuant to separate agreement. ARTICLE 4 — RESEARCH RESULTS 4.1 The University, through the Principal Investigator, will provide the Client with progress reports in accordance with the terms set forth in Schedule "A". 4.2 On or within ninety (90) days following the completion of the Research Plan, the University, through the Principal Investigator, will provide the Client with a final report of the Research Results. ARTICLE 5 - EQUIPMENT Unless otherwise agreed upon by the Client and the University in writing or specifically provided for pursuant to the terms of this Agreement, all equipment and materials purchased by or provided to the University for the carrying out of the Research Plan, shall be, and remain, the property of the University. ARTICLE 6 - CONFIDENTIALITY 6.1 All Confidential Information will remain the property of its owner or the party that furnished it as the case may be. 6.2 For a period of five (5) years from the date of disclosure of Confidential Information, the receiving party agrees to maintain in confidence all Confidential Information disclosed to 4 Item # 14 Attachment number 1 Page 10 of 35 it with the same degree of care as the receiving party normally takes to preserve its own confidential information of similar grade, but in any event, no less than a reasonable degree of care. 6.3 The receiving party may only disclose Confidential Information to persons with a"need to know" who shall be made aware of, and be required to observe and comply with the covenants and obligations contained herein, and the Confidential Information shall only be used for the purpose of the Research Plan. 6.4 A receiving party may disclose Confidential Information pursuant to the requirements of a government agency or pursuant to a court order, provided that the receiving party gives the disclosing party sufficient notice to enable it to seek an order limiting or precluding such disclosure. ARTICLE 7 - INTELLECTUAL PROPERTY 7.1 All aspects and parts of the Background Intellectual Property shall be exclusively owned by its owner and nothing herein shall serve to, or should be construed to transfer any ownership rights whatsoever in the Background Intellectual Property. Such Background Intellectual Property may be used for the purpose of the Research Plan upon terms and conditions to be agreed upon in writing between the parties. 7.2 All Research Results shall be owned by the Creator(s). The Creator(s) are required to promptly disclose the Research Results to the University and to the Client. 7.3 During the term of this Agreement and for a term of sixty (60) days following the date of the final report from the Creator(s) disclosing the Research Results (the "Option Period"), the Client will have an exclusive option to negotiate a license to the Research Results owned by the Creator(s). The Client shall notify the University in writing during the Option Period, indicating whether or not the Client will exercise its option. Should the Option Period elapse without the Client responding to the University, the Client shall be deemed to have rejected this option in relation to the Research Results. For greater certainty, the Creator(s) then shall be entitled to grant licenses in regards to, and otherwise commercially exploit the Creator(s) interest in and to the Research Results without restriction or obligation to the Client. 7.4 The parties agree the University will specifically retain the right to use the Research Results for continued research and educational purposes without charge, fee, or royalties notwithstanding any agreement on commercial rights as referenced in Section 7.3. ARTICLE 8 - PUBLICATION 8.1 The Client and the University agree that it is part of the University's function and policies to disseminate information and to make it available for the purpose of scholarship. 8.2 At any time during the term of this Agreement, the University will provide the Client with a draft copy of any proposed publication or disclosure of Research Results for its review at least sixty (45) days before submission for publication or disclosure. Upon the 5 Item # 14 Attachment number 1 Page 11 of 35 Client's written request, which shall be received by the University within the same sixty (45) day period, the University will: (a) delete any Confidential Information of the Client from the proposed publication or disclosure; or (b) delay publication, subj ect to Section 8.3, up to a maximum of sixty (60) additional days for the purposes of filing for intellectual property protection on terms and conditions to be negotiated and agreed upon by the Client, the Creator(s) and the University. 8.3 Notwithstanding Subsection 8.2(b), the University retains the right to have any thesis reviewed and defended without delay for the sole purpose of academic evaluation in accordance with the University's established procedures. The University will, in consultation with the student and the Client, determine if such a publication delay as set forth in Subsection 8.2(b) will be provided. The Client may request that a thesis defense be held in camera and that the members of the thesis examination board, including the external examiner(s), be required to sign a non-disclosure agreement. The University shall determine in its sole discretion if such request shall be granted. ARTICLE 9 - INDEMNITY 9.1 The Client agrees to indemnify and save harmless the University, its affiliates, directors, officers, employees, agents, students and representatives from and against all claims, demands, loss, costs, damages, actions, suits, or other proceedings (individually a "Claim" and collectively the "Claims") by any third party based upon, occasioned by, or attributed to actions, errors, omissions, or negligence of the Client its directors, officers, employees, agents or representatives during the performance of this Agreement, except to the extent such Claim(s) are attributable to the gross negligence or wilful misconduct of the University. 9.2 The University agrees to indemnify and save harmless the Client, its affiliates, directors, officers, employees, agents and representatives from and against all Claims by any third party based upon, occasioned by, or attributed to actions, errors, omissions, or negligence of the University its directors, officers, employees, agents or representatives during the performance of this Agreement, except to the extent such Claim(s) are attributable to the gross negligence or wilful misconduct of the Client. 9.3 The indemnity in this Article 9 shall not affect or prejudice a party from exercising any other rights it may have under the law. ARTICLE 10 — REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY 10.1 Each party represents and warrants to the other party that it is duly organized, validly existing and in good standing, and it has the right and authority to enter this Agreement and do all acts and things as required or contemplated to be done, observed and performed by it hereunder. 6 Item # 14 Attachment number 1 Page 12 of 35 10.2 The University makes no warranty, express or implied, concerning the Research Results under this Agreement, which are all provided "as is". THE LJNNERSITY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE RESEARCH RESULTS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. 10.3 NEITHER THE CLIENT NOR THE UNIVERSITY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED REVENUE OR ANY EXEMPLARY, PUNITNE, SPECIAL OR INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARTICLE 11 - INSURANCE 11.1 Client shall obtain and maintain comprehensive general liability insurance and any other insurance, for example but not limited to, pollution liability insurance as circumstances warrant, that a prudent person would deem necessary, in the minimum amount of $5,000,000 with respect to its operations. Such insurance shall name the University as an additional insured and shall contain provisions for cross-liability and severability of interest, and the Client shall provide a certificate of insurance as evidence of such coverage if requested by University. 11.2 University shall obtain and maintain comprehensive general liability insurance and any other insurance, for example but not limited to, pollution liability insurance as circumstances warrant, that a prudent person would deem necessary, in the minimum amount of $5,000,000 with respect to its operations. Such insurance shall contain provisions for cross-liability and severability of interest, and the University shall provide a certificate of insurance as evidence of such coverage if requested by the Client. ARTICLE 12 — PERMITS, LICENSES & SUBCONTRACTS 12.1 For work to be carried out off the University's premises, the Client shall identify any permits, licenses or other required by any governing authority in relation to any of the work to be performed and agrees to obtain or to assist the University to obtain such permits, licenses or other. 12.2 In the event that any portion of the Research Plan will be performed by a subcontractor, the University and the Client acknowledge and agree that: (a) such subcontractor shall be legally bound to a work-for-hire agreement, in writing, which agreement shall not be less favorable with respect to any term or condition of this Agreement. For greater certainty, the University and the Client represent and warrant that all relevant conditions of this Agreement will be described to and accepted by the subcontractor; 7 Item # 14 Attachment number 1 Page 13 of 35 (b) such subcontractor shall carry and maintain in full force and effect comprehensive general liability insurance (and/or any other insurance as circumstances warrant and that a prudent person would deem necessary) which insurance policy will name the University and the Client as an additional insured; (c) such subcontractor will have the necessary skills and experience to carry out the subcontract; and (d) the subcontractor will have the necessary permits and licenses prior to commencing the subcontract. ARTICLE 13 — TERM & TERMINATION 13.1 This Agreement shall come into effect upon the Effective Date , and unless earlier terminated in accordance with the terms hereof, shall terminate . In the event that this Agreement is funded in part by the Natural Sciences and Engineering Research Council ("NSERC"), the term of this Agreement shall, at a minimum, be equal in duration to the period of the NSERC award. 13.2 This Agreement may be terminated by the Client upon sixty (60) days written notice to the University. 13.3 This Agreement may be immediately terminated by the University upon sixty (60) days written notice to the Client if circumstances beyond the University's control preclude continuation of the Research Plan. 13.4 Upon termination of this Agreement by either the Client or the University, the University will be reimbursed by the Client for all costs and non-cancellable commitments incurred by the University in the performance of the Research Plan, such reimbursement not to exceed the total estimated expenses set forth in Section 3.1. 13.5 Termination as set forth in this Article 13 shall not relieve any of the parties of any obligations accrued under this Agreement prior to the date of termination. Each of Articles 5(Equipment), 6(Confidentiality), 7(Intellectual Property), 8(Publication), 9 (Indemnity), 14 (General Provisions), Sections 10.2 (Disclaimer), 10.3 (Limitation of Liability) and 13.4 (Reimbursement for expenses), 13.5 (Survival) shall survive termination of this Agreement. ARTICLE 14 — GENERAL PROVISIONS 14.1 The Client shall not use the name, or any variation, adaptation, abbreviation, trademark or other, of the University, nor the name of any member of the University's staff or governors, in any publicity without the prior written approval of an authorized representative of the University. Subject to Section 14.2, the University will not use the name of the Client, or any variation, adaptation, abbreviation, trademark or other, nor the name of any employee of the Client, in any publicity without the prior written approval of the Client. g Item # 14 Attachment number 1 Page 14 of 35 14.2 The University may at its own discretion provide a brief listing of this Research Plan as part of any public compendium disclosing research taking place at the University. Such disclosure may include, but is not limited to, the title of the Research Plan and the name of the Client. 14.3 The parties are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or j oint venturer with the other party. Neither party has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. 14.4 University of Waterloo Contact Names Administrative Contact: Financial Contact: Senior I�Iana�er Contracts Research and Industrial Grants Doreen White Senior I�Iana�er Research Finance Intellectual Property Contact: Director Commercialization W atCo 14.5 Notices under this Agreement shall be sent by registered mail, return receipt requested or delivered by hand, return receipt requested to the following address, as shown below, unless changed by written notice. University: , Senior Manager Contracts Research and Industrial Grants University of Waterloo Office of Research 200 University Avenue West Waterloo, Ontario N2L 3G1 Phone: 519-888-4567 Ext. Fax: 519-746-7151 E-mail: Client : @uwaterloo.ca 14.6 For this Agreement, neither the Client nor the University shall be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labour difficulties or governmental action. 14.7 Unless otherwise specified in this Agreement, this Agreement shall supersede all documents or agreements, whether written or oral, in respect of the subj ect matter thereo£ For greater clarity, no direct or indirect separate arrangement, whether oral or written, with the Principal Investigator or other person, involving any component of the work to be performed, is permitted unless prior agreement, in writing, is given by the 9 Item # 14 Attachment number 1 Page 15 of 35 authorized signing authorities of the Client and the University. The Client acknowledges and agrees that the University provides no insurance coverage whatsoever to faculty members or other university persons who may provide direct or independent services relating to this Agreement. 14.8 The terms herein stipulated may not be modified in any way without the mutual consent of the Client and the University in writing given by their authorized signing authorities. 14.9 This Agreement shall not be assigned by either the Client or the University without the prior written consent of the other party, such consent not to be unreasonably withheld. The University and the Client shall not subcontract any work to be performed under this Agreement without the prior written consent of the other party (such consent not to be unreasonably withheld) except as specifically set forth in the Research Plan and in accordance with Section 12.2 of this Agreement. 14.10 In the event that a translation of this Agreement is prepared and signed by the Client and the University for the convenience of the Client, this English language version shall be the official version and shall govern if there is a conflict between the two. 14.11 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 14.12 The Parties agree that a fax signature shall be treated as if it were an original signature and neither Party shall contest the validity of this Agreement based upon the use of fax signatures. 14.13 The following appendices are attached to and form part of this Agreement: Schedule A — Research Plan Schedule B— Research Participant Agreement IN WITNESS WHEREOF the Client and the University hereto have executed this Agreement in a legally binding manner. 10 Item # 14 ) UNIVERSITY OF WATERLOO Per: Attachment number 1 Page 16 of 35 Name: Title: UWe have the authority to bind the corporation Date For the Client: Per: Name: Title: UWe have the authority to bind the corporation Date Acknowledgment and Consent of Principal Investigator I, having read this Agreement, hereby agree to comply with all the terms and conditions contained herein and further agree to ensure that all University Research Participants who are involved in the Research Plan are informed of their obligations under the provisions of this Agreement and have acknowledged and consented by signature of a Research Participant Agreement (Schedule B). � Date: 11 Item # 14 Attachment number 1 Page 17 of 35 SCHEDULE A INSERT: TREATMENT OF FORMER MANUFACTURE GAS PLANT RESIDUALS USING IN SITU CHEMICAL OXIDATION: CLEARWATER FLORIDA Prepared For Clearwater Gas System Proposal dated: October 25, 2010 Item # 14 Attachment number 1 Page 18 of 35 SCHEDULE B RESEARCH PARTICIPANT AGREEMENT WHEREAS the University of Waterloo and the Client are parties to a Sponsored Research Agreement number # to which this Research Participant Agreement is appended; and WHEREAS the undersigned is associated with the University of Waterloo and will be involved in the Research Plan defined by the Sponsored Research Agreement; NOW THEREFORE, in consideration of information and facilities made available to me in connection with my work in relation to the Research Plan and other valuable consideration, I agree that: 1. Defined Terms. All terms denoted with initial capital letters herein shall have the meanings ascribed to them in the Sponsored Research Agreement. 2. Reasonable Efforts. I will use all reasonable efforts to achieve the obj ectives and deliverables defined in the Article 2 of the Sponsored Research Agreement for those activities in which I am involved. 3. Research Results I will co-operate fully and in good faith in discussion and agreement with all conditions regarding Research Results as set forth in Article 7 of the Sponsored Research Agreement. 4. Confidential Information. In accordance with Article 6 of the Sponsored Research Agreement, I will keep confidential all of the Confidential Information that I may receive. 5. Publications. I will comply with all publication conditions that are set out in Article 8 of the Sponsored Research Agreement. 6. Ownership. I understand that ownership of any Research Results shall be determined in accordance with Article 7 of the Sponsored Research Agreement and the University of Waterloo Policy #73 (Intellectual Property Rights). 7. Invention Disclosure. I shall keep the Principal Investigator fully and promptly informed on an on-going basis of the development of Research Results and shall not take any steps with respect to filing intellectual property protection for any Research Results without prior consultation with the Principal Investigator. 8. Cooperation in Patent Matters. I will cooperate fully in the signing of documents and taking such other steps as may be reasonably requested to obtain and maintain patent and other intellectual property protection for the Research Results relating to the Sponsored Research Agreement and in connection with any infringement action in any way relating to said Research Results, and I will sign all documents and do all things necessary or proper to give effect to this Research Participant Agreement and any rights granted by the University under the Sponsored Research Agreement. 1 Item # 14 Attachment number 1 Page 19 of 35 9. Commercialization Revenue. I agree that allocation of the revenue from sales, royalties, licence fees or other sources received as a result of the commercialization of Research Results relating to the Sponsored Research Agreement to which I contribute as an inventor shall be made in a manner consistent with the University of Waterloo Policy #73 (Intellectual Property Rights). 10. Acknowledgement. I have obtained or have been afforded the opportunity to obtain independent legal advice with respect to this Research Participant Agreement and all documents and transactions related thereto and i fully understand the nature and consequences of this Research Participant Agreement and all documents and transactions related thereto. By signing below, I indicate my acceptance of these terms. I' * I�� IlT��;fi� I' * I� I� I' * � I� I' * I�� . �� !� . � �� . � � . �� 2 Item # 14 �� * � �� * � �� * ��iiifli�i;R�l% �� : : : Attachment number 1 Page 20 of 35 Item # 14 Attachment number 1 Page 21 of 35 EXHIBIT `B" TREATMENT OF FORMER MANUFACTURED GAS PLANT RESIDUALS USING IN SITU CHEMICAL OXIDATION: CLEARWATER FLORIDA Prepared for Clearwater Gas System Neil R. Thomson Department of Civil and Environmental Engineering University of Waterloo October 25, 2010 University of Waterloo :�� ... � � � n� � �'� �� ,M�� s� ��,�a� �� Item # 14 Attachment number 1 Page 22 of 35 Summary: Remediation of dense non-aqueous phase liquids (DNAPLs) from subsurface environments is a significant challenge. The presence of tars associated with former manufactured gas plants (MGPs) magnifies this challenge due to their complex chemical composition, dissolution behaviour and recalcitrant characteristics. Chemical oxidation has been touted as a potential silver bullet to deal with MGP residuals; however, the science-base to support its use in full-scale applications is lacking. Surprisingly there have been no comprehensively monitored and un-biased pilot-scale trials reported in the peer-reviewed scientific or engineering literature. The focus of the research outlined in this proposal is to perform a multi-year pilot-scale evaluation of the ability of persulfate to treat a MGP residual area at the former Clearwater Manufactured Gas Plant, Clearwater Florida. The approach envisioned will consist of series of bench-scale experiments that will be used to support field activities. The bench-scale experiments will consist of batch (aqueous and slurry) and column investigations to establish potential treatability end-points, by-product formation, isotope fractionation, oxidant-solids interaction, dosing requirements, and biological impacts. Initial field activities will involve collection of sufficient background temporal information to establish a solid understanding of baseline conditions. This will be followed a series of treatment episodes and short-term monitoring (weeks). Following the treatment period, long-term monitoring (12 to 30 months) will be used to capture system rebound to a new quasi steady-state condition. This is an exciting opportunity for us to provide an unbiased performance assessment of a novel remedial technology. This site appears to have the characteristics that are well suited for a focused field trial and we have no doubt that the findings generated from this research effort will be a tremendous benefit to the scientific, engineering and regulatory communities. We look forward to working with Clearwater Gas System, Florida Department of Environmental Protection, Baker & Hostetler LLP, and ARCADIS on this initiative. Background: Sites contaminated with dense non-aqueous phase liquids (DNAPLs) such as manufactured gas plant (MGP) residuals or "coal tars" are problematic and hence a variety of technologies that enhance the rate of mass removal that is vital to attain site restoration have been developed. Enhancing the rate of mass transfer from a DNAPL into the aqueous phase can be achieved by increasing the solubility of the contaminant (e.g., using a cosolvent or surfactant), or by decreasing the concentration of the contaminant in the bulk aqueous phase through either biological or chemical reactions (e.g., using a chemical oxidant, or through biodegradation). In situ chemical oxidation (ISCO) is a potentially effective technology that enhances the rate of NAPL mass removal by injecting a reagent into the subsurface that oxidizes aqueous phase contaminants to potentially non-toxic products. Contemporary aqueous oxidants for ISCO include hydrogen peroxide (H2O2), permanganate (Mn04 ) and persulfate (5408�-). Persulfate is the newest oxidant to be used and promises numerous advantages over the other two oxidants. Its capability to oxidize a wide range of organic contaminants when activated (E° = 2.6 V) and lack of interaction with aquifer solids has made persulfate an increasing popular choice. Further, persulfate generates minimal gas and heat, and no adverse oxidation by-products have 2 Item # 14 Attachment number 1 Page 23 of 35 been reported in the literature. Persulfate on activation to sulfate free radicals exhibits a high reactivity towards subsurface organic contaminants that include petroleum hydrocarbons (PHCs), oxygenates and substituted alkanes. While limited treatability of chemicals present in manufactured gas plant residuals (e.g., BTEX, PAHs, etc) by persulfate has been demonstrated at the bench-scale no carefully monitored and un-biased pilot-scale experiments have been reported in the peer-reviewed literature. Although the use of persulfate has increased rapidly, the science- base to support its use in full-scale applications is lacking as peer-reviewed scientific and engineering publications have, so far, been restricted primarily to reaction kinetic investigations. The former Clearwater Manufactured Gas Plant, Clearwater Florida ("Site") is ideally suited for such an investigation. Synopsis of Impacts at the Former Clearwater Manufactured Gas Plant Site: The Site lithology is comprised of a surficial sand and silt unit which sits on an olive green colored confining clay unit underlain by weathered limestone. The clay unit is encountered at a depth of between 20 and 40 ft bls, slopes west to south-west, and is �10 ft thick The buff-colored limestone unit extends to at least 50 ft bls. The surf�icial aquifer is characterized as a fairly uniform fine to very fine grained sand. Horizontal laminations on the millimetre scale, organic silts nodules, organic muck, and tree rootlets are occasionally present (ARCADIS, 2010a). Goundwater flow in the surficial aquifer is towards the southeast with a hydraulic gradient of �0.006 ft/ft (ECT, 2003). Based on this geologic deposit the hydraulic conductivity is estimated to be between 10-3 and 10-� cm/s. Assuming a porosity of 0.3 is appropriate; the groundwater velocity in the surficial aquifer is estimated to be between 0.06 and 0.6 ft/day. The subsurface source areas are in the general vicinity of the locations of the former manufactured gas production facilities, gas holders, and tar water separators (ECT, 2003). These source areas currently underlie Clearwater Gas System's Meter Shop/Service Division Building and adjacent paved parking areas. Based on recent drilling and groundwater sampling performed by ARCADIS in July 2010 (ARCADIS, 2010a), and additional well installations and sampling in September 2010 (ARCADIS, 2010b) the following are relevant to this proposal: 1. The 11 borings (DPT-1 to DPT-11) completed through the surf�icial aquifer to the top of the clay unit indicated the presence of MGP residual material at DPT-1 and DPT-5, sheens and stains within 5 ft of land surface at DPT-4 (2.5-4 ft bls) and DPT-10 (3-5 ft bls), and sheen traces and streaks between 5 to 15 ft bls at DPT-7 and DPT-ll (3-5 ft bls) (see Table 1). • At DPT-1 NAPL blebs and stringers, and sheens were observed from 5 ft bls to the clay contact at 24 ft bls. At the sand/clay contact a 3-inch thick zone of NAPL saturated sands was observed to sit on the clay capillary barrier. • At DPT-5, sheen traces were observed from 5-15 ft bls, and at 17 ft bls a 3.5 inch zone of fine to medium sand was observed to contain NAPL in the pore spaces. Residual NAPL blebs and heavy sheens were observed from 17 to 20 ft bls. No NAPL accumulation was observed at the sand/clay contact at this location. • Based on these borings, the area of the source material is potentially 200 feet x 50 feet. 2. The contaminants of concern (COCs) are benzene, ethylbenzene, naphthalene, 1- methylnaphthalene, 2-methylnaphthalene, and acenaphthene. 3 Item # 14 Attachment number 1 Page 24 of 35 3. The temporary well screens strategically installed in 8 of the 11 borings were used to collect groundwater samples (analyzed for BTEX and naphthalene) (see Table 1). These groundwater data indicate that: • There is minimal groundwater impacts up-gradient of DPT-1 at DPT-10 and DPT-11 (except for the elevated naphthalene concentration observed at a depth of 10-13 ft bls). This is consistent with the historical groundwater data from MW-1, MW-7, MW-7D, MW- 7DV, and MW-14D. • Cross-gradient of DPT-1, both DPT-2 and DPT-3 show elevated concentrations of benzene, ethylbenzene and naphthalene from 5 ft bls to the sand/clay contact. • Down-gradient of DPT-5 (where NAPL is present at 17 to 20 ft bls) is MW-20 which has yielded significant groundwater concentrations since 2003 (see Table 2). Cross-gradient of DPT-5, higher concentrations were observed in DTP-6 compared to DTP-4. • Further down-gradient of DPT-5, the groundwater samples collected from DPT-8 and DPT-9 have much higher concentrations than observed at DPT-7. 4. Groundwater concentrations observed from samples collected from permanent monitoring wells that are above either the FDEP GCTLs or the FDEP MCLs are listed in Table 2. These data show that besides MW-20, wells HDMW-4D, HDMW-7, HDMW-8, HDMW-9, and HDMW-9D have dissolved phase impacts presumably due to the up-gradient source area. 5. The underlying clay unit has most likely served to impede the vertical migration of dissolved phase COCs. The level to which MGP mass has been able to penetrate the top of this unit has not been investigated; however, the observations collected during the boring effort indicate the presence of odors just in the upper few inches of the clay unit. 6. Geochemical data collected to date are sparse. Field parameters collected in 2003 indicate a pH between 6 and 7, temperature of 21 to 26 °C, ORP reflective of reducing conditions, and dissolved oxygen <1.0 mg/L (ECT, 2003). As part of this research project additional site data will be collected to better characterize the source area up-gradient of MW-20. In particular a key focus will be the area between DTP-1 and DPT-5 that underlies the Meter Shop/Service Division Building. Research Objective: To demonstrate the efficiency and effectiveness of in situ chemical oxidation using persulfate to treat MGP residuals beneath a former MGP plant. Proposed Methodology: The approach envisioned will consist of series of bench-scale experiments that will be used to support targeted field activities. The bench-scale experiments will consist of batch (aqueous and slurry) and column investigations to establish potential treatability end-points, by-product formation, isotope fractionation, oxidant-solids interaction, dosing requirements, and biological impacts. Initial field activities will involve source area characterization and the collection of sufficient background temporal information to establish a solid understanding of baseline conditions. A down-gradient monitoring transect will be established to estimate the mass loading of COCs from the source area to the plume. 4 Item # 14 Attachment number 1 Page 25 of 35 To evaluate potential treatment performance a series of push-pull tests will be performed at three locations. The results from these tests will help in confirming, at the in situ scale, dosing levels, activator behaviour, and COC treatability. A number of different parameters can potentially be measured or tests carried out to gain insight into the various chemical, biological and physical processes occurring in situ during remedial treatment. An important component of this project is to gather quantitative information on the mass of a COC that was removed by a specific process, and to use this information to optimize operational procedures to increase the rate of COC removal. For example, it will be of interest in this research effort to determine the contribution to COC removal due to chemical oxidation compared to biodegradation. One potential tool to discern these differences is through the use of compound-specific isotope analysis. Source area treatment will likely involve a series of treatment episodes. Each episode will be followed by short-term monitoring (weeks) focussing primarily on reagent distribution and point COC behaviour. Subsequent treatment episodes (perhaps over the following year) will be conditioned on the short-term data. Long-term monitoring (1 to 2 years post treatment) will be used to capture system rebound to a new quasi steady-state condition following treatment. The overall success of this research effort will be predicated on this long-term data. Task Description: The following are brief task descriptions that provide an indication of the research effort proposed. A comprehensive scope-of-work for each task or sub-task will be prepared and submitted to Clearwater Gas System and the Florida Department of Environmental Protection (FDEP) for review and approval as required. In addition, appropriate variances will be obtained from FDEP in advance of any injection of persulfate solution that will be performed as part of any field work effort. Task 1: Source Area Characterization and Establishment of Baseline Conditions Additional characterization of the source area is required to: (1) delineate the spatial extents and architecture of the NAPL, (2) determine NAPL composition; (3) estimate NAPL mass; (4) determine the mass of dissolved COCs present in underlying clay unit; (5) confirm groundwater flow direction and magnitude; (6) estimate hydraulic conductivity; and (7) collect soil cores to support the bench-scale effort (Task 2). To establish baseline conditions additional monitoring instrumentation will need to be installed. The amount and location depends on the findings and instruments installed as part of the source characterization effort. We envision that, at a minimum, a number of peripheral and interior multilevel wells will need to be established. In addition, a monitoring transect that spans the width of the dissolved phase plume will be installed perpendicular to the groundwater flow direction. The transect multilevel monitoring wells will be spaced on the order of 5 feet, and each well will have at least 7-10 monitoring points. The transect and suite of monitoring wells will be sampled at least 4 times over a 12 month period to establish baseline conditions. Groundwater samples will be analysed for geochemical parameters (pH, DO, maj or ions, etc), 5 Item # 14 Attachment number 1 Page 26 of 35 and COCs (VOCs and PAHs). Piezometric data will also be collected concurrently. These data will be used as a baseline to measure treatment performance. Task 2: Bench-Scale Experiments A variety of carefully designed bench-scale experiments using batch (aqueous and slurry) and column configurations will be performed to establish potential treatability end-points, stable by- product formation, isotope fractionation, oxidant-solids interaction, optimal catalyst chemistry, dosing requirements, and biological impacts. Initially, aqueous treatability experiments will be performed in fixed volume batch reactors. These experiments will use site groundwater (most likely from MW-20) exposed to persulfate to identify the most effective persulfate activation scheme (e.g., peroxide, chelated metals, alkaline, etc) and dosages. Samples collected from these reactors will be analyzed for COCs, potential intermediates and by-products, and will be used to establish treatment efficiency and effectiveness. This comprehensive screening process will yield the optimal persulfate system(s) under ideal conditions for the COCs. Relevant kinetic data will be generated for the optimal persulfate system(s). Samples of non-impacted solids from the surf'icial sand unit and the underlying clay unit will be used to establish the interaction between the optimal persulfate system(s) and these materials. Sediment sub-samples will be exposed to the optimal persulfate system(s) and the concentration of persulfate, pH and presence of gas monitored over time. These data will be used to estimate oxidant stability following the method outlined by Sra et aL (2010). These aqueous treatability experiments will be followed by a focused set of soil slurry treatability experiments. In these experiments both non-impacted (no NAPL present) and impacted solids from the surficial sand unit and the underlying clay unit will be used in fixed volume batch reactors. The non-impacted solids series (solids/persulfate/site groundwater) will seek to understand the interaction of the aquifer sediments on the treatability of dissolved phase COCs. The impacted solids series (solids with NAPL/persulfate) will provide information on dosing required to degrade the suspected mass of NAPL that is present at some Site locations. It is envisioned that multiple oxidant dosing episodes will be required. A treatment end-point under ideal conditions will be established and stable by-products will be determined. Impacted surficial aquifer material will also be packed in columns and flushed with the optimal persulfate solution and dosage levels as suggested by the batch reactor results. Breakthrough data (e.g., COCs, residual persulfate, pH, etc.) and post-oxidation analyses of contaminant mass in the columns will help develop treatment performance assessment goals. The results from the column trials are expected to provide design information more representative of in situ conditions than the batch reactor data and will be used as a basis for the design of the treatment system in terms of the reagent (persulfate and activator) loading rates. As appropriate, samples of both un-impacted and impacted sediments before and after exposure to persulfate will be used for Denaturing Gel Gradient Electrophoresis (DGGE) analysis, and to determine the Electron Transport System (ETS) activity by measuring the reduction of 2-(p-iodo- phenyl)-3-(p-nitrophenyl)-5-phenyl tetrazolium chloride (INT) to iodoni-trotetrazolium formazan 6 Item # 14 Attachment number 1 Page 27 of 35 (INT-formazan). Other microbiological fingerprinting techniques and probes will be investigated as we proceed. These data will be helpful to assess the direct impact of the aggressive treatment on the microbial population. We are also interested in the presence of indigenous sulfate-reducing bacteria (SRB) at the Site and the ability of these SRB to recover following chemical treatment. If suitable, we will attempt to encourage SRB degradation following treatment. The use of compound-specific isotope analysis (CSIA) has increased as a complementary tool to monitor the efficacy of abiotic remediation as well as microbial degradation processes (e.g., Hunkeler et al., 2005). This technique is based on changes in the isotopic composition of the target contaminant associated with its degradation process. For example, due to mass-dependent differences in activation energies of the different isotopes 13C and i�C, the lighter isotope (i�C) reacts faster than the heavier isotope (13C), leading to fractionation and an enrichment of heavy isotopes in the remaining portion of compound as the reaction proceeds (Clark and Fritz, 1997). We plan to investigate the use of CSIA in this research effort to potentially identify and quantify COC removal by physical processes and transformations. Samples will be collected and analysed at the University of Waterloo Isotope Laboratory at appropriate times throughout this bench-scale effort. Task 3: Push-Pull Tests Push-pull tests have been used to quantify microbial metabolic activities (Istok et al., 1997) and in situ reaction rate parameters (Haggerty et al., 1998) in petroleum contaminated aquifers. Push-pull tests have also recently been used to estimate the natural oxidant demand of an aquifer (Mumford et al., 2004) and TCE degradation rates and permanganate consumption rates (Ko et al., 2007). These tests provide a suitable scale-up increment from the bench-scale. In this research we plan to use the push-pull test to assess the in situ ability of the optimal persulfate system to aggressively treat a MGP residual within the surficial aquifer. For this purpose the push-pull test involves a sequence of near identical push-pull events at each test location. Push- Pull 1 is used to establish a dissolution baseline and involves the inj ection of a specified volume of a conservative tracer solution into target zone. After a suitable dissolution/reaction period, groundwater is extracted and used to establish tracer and COC concentration profiles. Push-Pull 2 is identical except that the injected solution also contains persulfate (+activator). Following the reaction period, the extracted groundwater is used to establish tracer, COC, residual persulfate, and sulfate/sodium concentrations profiles. The differences in the profiles will be used to provide an indication of the in situ treatment potential. In addition, CSIA will be used as appropriate and suitable as determined in Task 2. Depending on Site conditions we may also use a variation of this push-pull test to investigate the role that sulfate-reducing bacteria may play in the degradation of the COCs. Task 4: Diffusion Modeling to Assess Treatability of �the Clay Zlnit Although the extent to which the clay is impacted by COCs is unknown, we suspect that the dissolved phase COCs have diffused into this unit. Once the COC concentrations are reduced considerably in the surficial aquifer, the COC mass will back-diffuse from the clay unit into the surficial aquifer. The mass flux associated with this back-diffusion process may be substantial. Using the data set assembled from Task 1 and Task 2, diffusion scenario modeling will be performed to estimate mass-flux, time frames, and potential treatment options. 7 Item # 14 Attachment number 1 Page 28 of 35 Task 5: Design and Installation of �Initial Delivery Infrastructure The pilot-scale experimentation is expected to commence after establishment of oxidant loading and activation requirements from the bench-scale experiments, push-pull tests and diffusion modeling. It is acknowledged that the delivery of activated persulfate to the target zone will be an important parameter in determining treatment success. Using the information collected, defendable oxidant delivery approaches will be developed and the initial delivery infrastructure installed. Task 6: Treatment and Short-Term Monitoring We envision that multiple delivery episodes will be required to meet oxidant dosing and spatial coverage requirements. At a suitable time following each treatment episode samples will be collected from a suite of identified wells and the monitoring transect. Changes in the dissolved phase concentrations and mass discharge across the transect will be used as direct measures of treatment performance. Indirect measures (e.g., residual persulfate, sulfate, sodium, ORP, pH, inorganic carbon, dissolved oxygen, and CSIA) will also be employed to assist in performance evaluation. Prior to each subsequent injection episode, changes in the delivery system will be made to optimize treatment. Task 7: Long-Term Monitoring Long-term monitoring (1 to 2 years post treatment) of the groundwater system will be used to capture system rebound to a new quasi steady-state condition following treatment. It is envisioned that sampling will occur at a frequency of once every 4 months. Analytical data collected will depend largely on the findings from Task 1. Soil cores will be extracted from strategic locations to assess changes in NAPL conditions within the surficial aquifer, and post treatment impacts on geochemistry and microbiology. Also soil cores will be extracted from the clay unit to determine aqueous COC profiles. Research Team: The assembled research team is comprised of three professors, one postdoctoral student, two graduate students, and four technicians. Professor Neil R. Thomson, University of Waterloo, Canada. Dr. Thomson is a Professor of Civil and Environmental Engineering Chair of the Department of Civil and Environmental Engineering and a member of the Environmental Modelling and Analysis Group. Dr. Thomson teaches a number of undergraduate and graduate courses in areas such as environmental chemistry, contaminant transport and remediation technology design. Dr. Thomson has over 20 years of research experience and expertise in the use of field investigations, laboratory experiments and numerical models to explore subsurface contaminant fate and remediation issues. His research interests are focused on the environmental fate of contaminants in subsurface systems including immiscible liquids, vapours and pathogens, the development and application of simulation tools, and the development and assessment of soil and groundwater remediation technologies. He provides expert technical assistance on topics that include: conceptual groundwater model development; groundwater flow and fate analysis; model 8 Item # 14 Attachment number 1 Page 29 of 35 selection, development, calibration and sensitivity; and remedial alternative selection and system design. Dr. Thomson is a featured lecturer in short courses in North America and the UK. Professor Ramon Aravena, University of Waterloo, Canada. Ramon Aravena holds a MSc in chemistry from the Catholic University of Chile (1973), and University of Waterloo Earth Sciences degrees (MSc 1982; PhD 1993). He is a Research Associate Professor in the Department of Earth and Environmental Sciences, University of Waterloo with 20 years experience in the application of isotope techniques in hydrology and hydrogeology. He has been involved in numerous groundwater studies in Latin America, Canada and the US related to the investigation of groundwater resources and groundwater protection. His current research program focuses on groundwater contamination caused by industrial, urban and agricultural activities. He extensively uses environmental isotopes as tracers to provide information about sources and processes that affect organic compounds in groundwater. Dr. Aravena is the author and co-author of over 80 refereed publications and over 40 technical papers. Professor Jim Barker, University of Waterloo, Canada. Jim Barker is a professor at the University of Waterloo, Canada which hosts a leading center for groundwater research with a special emphasis on groundwater contamination and remediation. The migration and fate of organic contaminants in groundwater is his major research interest. Petroleum hydrocarbons and chemicals associated with petroleum products have been emphasized. Groundwater remedial technologies such as monitored natural attenuation and in situ reactive barriers using microbially-mediated transformations are also being developed and critically evaluated. Laboratory and modeling studies commonly support controlled, natural-gradient field experiments to better define the processes involved in transport, fate and in situ remediation. Biodegradation processes are of particular interest and recent research has especially focused on the fate of gasoline additives such as MTBE and ethanol. Postdoctoral, Graduate and Undergr�aduate Students: Kammy Sra (Postdoctoral Student), Angela McIsaac (MASc), Sophie Ma (PhD) and numerous undergraduate students will participate in this research project. It is envisioned that portions of this project will form the basis for the theses generated by Angela McIsaac and Sophie Ma. Technicians: Marianne VanderGriendt and Mark Sobon are University of Waterloo Laboratory Technicians who will assist with the bench-scale tests and analytical analysis. Bob Ingleton and Terry Ridgway are University of Waterloo Field Technicians who will aid the graduate students with field related activities as required. Deliverables: A summary of this research will be compiled in various theses and in peer- reviewed papers and conference proceedings. All publications (except for theses) can be submitted to Clearwater Gas System for review and approval as required. Bi-monthly e-mail updates of progress and findings will be provided. 9 Item # 14 Attachment number 1 Page 30 of 35 Schedule: Based on the proposed research methodology, the following general research schedule is proposed (See Figure 1 for more details). Year 1(Januarv 2011-December 2011� Perform additional site characterization. Collect soil cores for bench-scale efforts. Establish baseline characteristics. Execute bench-scale experiments. Begin diffusion modeling. Apply to FDEP for necessary variances required for inj ection of persulfate solution. Year 2(Januarv 2012-December 2012): Complete baseline characterization. Finish bench- scale experiments. Summarize diffusion modelling results. Design treatment system (delivery, size of treatment zone, additional monitoring network etc) and perform installations. Begin treatment and short-term monitoring. Assess short-term post-treatment performance. Optimize delivery system(s). Year 3 (Januarv 2013-December 2013): Proceed with treatment, short-term monitoring and assessment, and optimization of delivery system. Year 4 (Januarv 2014-December 2014): Assess long-term post-treatment performance, and secondary impacts including changes to geochemistry and microbiology. Year 5 (Januarv 2015-September 2015): Continue with long-term post-treatment performance assessment, and secondary impacts to geochemistry and microbiology. 10 Item # 14 Attachment number 1 Page 31 of 35 References: ARCADIS, 2010a. Status Report — July 2010 Additional Assessment Field Activities Clearwater Former MGP Site, August 25, 2010. ARCADIS, 2010b. Figure 1 from Focused Assessment (Draft). ECT (Environmental Consulting & Technology, Inc.), 2003. Supplemental Assessment Report, Clearwater Gas System Former Manufactured Gas Plant, Clearwater, Florida. Clark, I., P. Fritz, 1997. Environmental Isotope in Hydrogeology. Lewis Publishers, New York, 328 pp. Haggerty, R., M.H. Schroth, J.D. Istok, 1998. Simplified method of "push-pull" test data analysis for determining in situ reaction rate coeff�icients. Ground Water, 36(2), 314-324. Hunkeler, D., R. Aravena, K Berry-Spark, K., E. Cox, 2005. Assessment of degradation pathways in an aquifer with mixed chlorinated hydrocarbon contamination using stable isotope analysis. Environ. Sci. Technol., 39, 5975-5981. Istok, J.D., M.D. Humphrey, M.H. Schroth, M.R. Hyman, KT O'Reilly, 1997. Single-well, "pushpull" test for in situ determination of microbial activities. Ground Water, 35(4), 619-631. Ko, S.-O., S.-H Ji, 2007. In situ push-pull tests for the determination of TCE degradation and permanganate consumption rates. Environmental Geology, 53(2), 359. Mumford, KG., C.S. Lamarche, N.R. Thomson, 2004. Natural oxidant demand of aquifer materials using the push-pull technique. Journal of Environmental Engineering, 130(10), 1139-1146. Sra, Kanwartej, Neil R. Thomson, Jim F. Barker, 2010. 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I° � � N I� � m N M O O O � �� pp � �n � O O O� �� O � ' N� p�� O r-I l0 �A N �A � m N o 0 0�o c�i cri 00 �O � � � p� � � � p � � � V�f ° � m � "� cri °v cri �n � �n O O � �n O �' °� �� m in m m o 0 o m o �� u1 N r-I O �A O O�� O � V V V I� 01 � V � p � qp � � N 00 O N 00 O M 00 O O O \ \ � � O O � O O � O O � � � � qp J qA qA \ \ \ \ \ \ \ \ \ \ \ � �� l0 � N l0 � N N� N I� I� dA � � � O O O O O O O O O O O J � �` ~ (> � Lf� � �' �� N r-I N p N >� M >� V1 — pp r-I r-I r-I N r-I > �> r-I �� W W� O j O j O Q O Q O � c� Y �� N � N � N = M= V1 O O � O � � � M O r-I \ � O W > � i--I � O � � 2 Lff l!) O � rn r-I N 00 O l�0 � N O O O Ql > � � � � � 2 O O r-I ri i � n O i--I \ N O � tE m#14 M �--i � � � � � U � � U � N � � i-. '.� � � � � � � � S--i �/ w U N � Q N V1 N c-I � O � N Q �--� T i � N � } Q Q C � U N � Q N 7 � .-y � O � N Q �--� T i � N � } Q Q C � U N � Q N m `� ti � o � N Q �--� T i � N � } Q Q C � U N � Q N N N c-I � O � N Q �--� T � � � N } Q Q C � U N � Q N c-I N c-I � O � N Q �--� T � � � N } Q Q � � H � 0 � 'Y c � m � � o O (, � v N � .� .� � U � (p m � O t U � m a� v � Q N cy N _ i � � 7 y ca o �n � ln W €- l_� "i' � c E .� Q X Y w ,� v � U - V7 7 N L M � Y U Y � � � � N H m H a .� � m U L 0 0 � T C y N � � � 0 � � N .. O ~ 7 �vi N Y � N � w � H � Q � 1_\ v 7 O � c � o N � � � � N T c -o > C � � Q V1 � Y •� � vi �n '+� °J �c H � "i' bA c `o .� � � N H `o N � N � � Y � � v H H =,l, on � .� � � N n r Y � in c r J Attachment number 1 Page 34 of 35 Item # 14 � � N L � � C N Q �; x � w "� y � y � O Q 0 N a N �. � w a Y H y O E Q a Y n H O E Q 7 Y � � 'o E Q 7 a Y N H O E Q 7 a Y a � 'o E Q 7 Y M H O E Q 7 a Y N H O E Q 7 a Y � 'o E Q 7 goo 00 00 N O O O O O � W W O O O � �r O tD � N m i� a N N N N N N� � O O O � � � � O t�D O �� I vi ti�^ ti vi � � a � N N N N N O � � O O � � OO � � � ci � � W N � � N O 0 0 c N °o ° ° °o o ° ° o � � � ci � � W N � � N 0 0 � 0 0 � o � i c �n N N 0 0 0 0 0 0 0 0 O V1 V1 O r M M N N N N N O O O O r r V1 N N N 0 0 N 0 0 O N °o � vi N 0 0 0 0 0 O O O O O 0 0 0 V1 N N N N N N N N N O O O O O O V1 O r � M N V1 N N � N O O O O O O � � O O V1 V1 � � O O c-I O Uj ^ O O N N � � N N O O � � O O O O O O � � O r+i c ti c N N N N N O O O O O �/1 .-i o N ti N N � O O � O O a o � ri M N N N `oY � o�in o m � E�� ° d � U J ii ° �' a � a v � aC O �n c � N � j t u a a �n � 0 O O O O � O O O O O O O� Vl O O a W N O O ti � rn c ti � � N N N N N N N N N O � � O � O � O O O O � a C� N N M � � ° ° c �^ � ° r+i V1 V1 N N N N N N N N N N O O O O O O O O Vl O O O � N O � M N M N N N N N O O O O O O 0 0 0 �n o a � � tD N O V1 ° ° .-i ni ni c N N N N N N O O O � tO `O a a m m 0 0 0 0 O O O O � � tD N c c � ^ N N N N O O O� O O� O O °a °a o° o o°o a o � o o vi o ti ti � ti ni vi ° a r+i N N N N N N N N N O O O O °� °� a a a a O O O O O r O O N c-I N N N N N 0 0 N 0 0 � o 0 � O O O W O { N � � � � � N N N N N ) O O O O O O O 1 O O O O O O tD 1 O W W tD O O V1 M N ) N N N N N N N O O O O tD tD N ) O O O O O O ) O O O O O O ) O O Vl � O O � O �N M N M � N N N ) N N N � O O O O O O � O O O O O O � O O O N O O � Vl 01 01 r N � N N N N N N ) O O O O � � N C M M ) O O O O O ) O O O O O i o o� o 0 � a a N ) N N N N N ) O O O O O O Vl � o 0 0 0 0 0 0 � a a� o 0 o a � �� c-I N c-I M tD ) N N N N N N N O O O O °� °� a a a a X = � a � v m a° o 0 0 = oo > c � v � �o o�vn - � V � C� T c�i T yv„ �n } Y v 3 'A �� E � °+° E o` w�� '� W +�+ a � y C � � -O � a t O�� w6 � o� � O � i� V Attachment number 1 Page 35 of 35 o � V1 M a � N V1 V1 N � N N ci � M N M a � � N N N O � � ^ N a W �` ti M N � O r N N rn � V1 O m N N 0 0 0 0 O `y r � � � N � O � a o � m r+i r N N N 0 0 0 0 O � � c N � O `y r � � ti c N � 0 0 o �n vi � � N N 0 0 o ^ vi N N 0 0 o � `^ a m O1 N � � M M � � N � N N N O � � M O O � `ti a N � O O O W tD N r O tD N N N O � � M N c m ti a N � V1 N o a � � � � � N N I� M N � N m A o o ° N � H Item # 14 � �--i Attachment number 2 Page 1 of 8 SUPPLEMENTAL AGREEMENT NO. 6 TO MASTER AGREEMENT DATED APRIL 9, 2008 THIS SUPPLEMENTAL AGREEMENT is issued as of this day of January, 2011, by and between THE CITY OF CLEARWATER, d/b/a CLEARWATER GAS SYSTEM ("City") and ARCADIS U.S., INC. ("Consultant"). City and Consultant agree upon the following terms and conditions, which shall be incorporated into the Master Agreement as supplemental provisions. 1. DESCRIPTION OF WORK: Consultant shall perform the environmental consulting reporting and oversight services detailed in Consultant's proposal, dated December 23, 2010 ("Proposal"), which is attached hereto as Exhibit "A" ("Work"). 2. FEES AND COSTS: The fees and costs for the Work shall be billed on a time and materials basis and shall not exceed a total authorized cost of Fifty-Three Thousand Three Hundred and Ninety and 00/100 Dollars. ($53,390.00); provided, however, that this Supplemental Agreement shall not authorize the expenditure of more than Thirty-Two Thousand One Hundred and Sixty-Seven and 53/100 Dollars ($32,167.53), the remaining Twenty-One Thousand Two Hundred Twenty-Two and 47/100 Dollars ($21,222.47) for the completion of Work contemplated by this Supplemental Agreement having been previously authorized by City and existing as part of the remaining project budget that was approved in connection with Supplemental Agreement No. 4. 3. TIME FOR COMPLETION: a) The Work shall be completed in accordance with the schedule set forth in the attached Exhibit "A." b) All reports, work plans or other written product contemplated by Consultant's Proposal and required to be submitted to the Florida Department of Environmental Protection ("FDEP") pursuant to this Supplemental Agreement shall be submitted in draft form to City and City's counsel no less than ten (10) working days prior to the date on which each respective report must be submitted to FDEP. Two (2) signed and sealed originals of each final report shall be submitted to City and two (2) signed and sealed originals of each final report shall 1 Item # 14 Attachment number 2 Page 2 of 8 be submitted to FDEP within three (3) working days of Consultant's receipt of City's comments to the draft report. 4. TERMS AND CONDITIONS: Except as noted herein, this Supplemental Agreement is subject to the terms and conditions of the Master Agreement, all of which shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] 2 Item # 14 APPROVALS REQUIRED: "CITY" Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney "CONSULTANT" ARCADIS U.S., INC. By: Print Name: Title: Consultant Mailing Address: 14055 Riveredge Drive Suite 400 Tampa, FL 33637 Employer I.D. No. 57-0373224 I� Attest: 3 Attachment number 2 Page 3 of 8 CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Rosemarie Call City Clerk Item # 14 EXHIBIT "A" �. � � �� tt�?i er�:?�?[�+'� �t:`d��. �?'�`i1,.,��rr1�'i i�, �.J'�<<<t7,P'C1$ f�tr �3ri�n L�ng�lf�, F� C:., �.E M'. (7p�r�ti�ans M�rs��e�, Gl��cuvaterfi�s Syst�m �� Rlt7rt� N�yitl@ Av�rrlJ� [.i�,'�rVJ�aief, FG. 331`�i� sua:.ecw: Sc�p� �� V4f�rk ��d �ast E�tim�t� �"��k 1' � � — kJniv, �i V��t�r��a �,�search Prcaject Cl��rw�t�r Fa�m�r R�'EGP '�ite, �le�eaua�er, �"Ic�rGt�� ae�r �ddr. L�€*��lle: ,As �+at� �re aw��, fhe LJr�iv�r�ity af U'V�t�:�l6�s (�JV1P�, I�i��t�d i�: ��t�rlp+p, �'Jn#ari�, �anada,; has prt�pnse� to �r�u�d� reseae�h �e�v9c�s tc� tW�� ty �y vua� c�f ,4F�C.�,[�i5 1�.5 , 4nc. t�+E��,�C]I�� nd its s�k�s�jdiaey A.��dis� ��nada, Ir�c. (AI�s. �.s sa�ch; L1V4d and �r. hJ�il R Ti�c�rns�sn hav� p�s�v€cie� a pr��rs��r d�ted C�cst�b�er 2�i, �[3�� th�t �c�t�in�5 ti��; ��fl�:'�uQr�€ th�t 1h�y +�+r�ll b� un�fert�k�r�g T�e iJ'a�! p��p�sa9 is �:n#itl�d Tr��rn�n� ��F�rm�r!�i�nuf�cP�r�d ��s �farat ��sa�caads C�srrr� trr Srt�,� Ch�r��P �xrd�t€c�rr: i ��r��r Finr�e�� (�+Ui�' �ra�c�s��} �� r�vides th� �ass� f�� h� �r,��+e af s�r�r� �r�ri �s��iinc� ��c��rca��c� h�r�i� �i'h� ��st� �nd sc�� f work �re Er�t�n;��d t�a f�c:i�i��9� �n� as.s��t 1J1;�J �n t�e prc��a�s�d r�s�:a��h b�ins� ��nducked itar Cle�r��w�t�r �'a�� Sj+'�� a}. Th� o�j��t�v� af th� re�earch i� €� d�m�r�str�te B�?e €�f��c+�nc�+ a�d �fi�c��u�n�ss �f an �it� �t�ema�al oxi€��#�can ��ing p��s�lf�t� t�a tr�a� t��F� r�sir��Is �ithir� th� su�f��ia� aquifer at: t�e s�te, irs �srder tQ m�ti��t� �r�� k��tr� t:�� t�f�-sit� �r,�tandut�+�t�r p1u��. The IJL� pa�posal I��s been sui��i�t�a fa ��S �r�t� ahe F��r�� C,a�a�r�m�rat vf Er?virrc�rs��t�1 �rt�te�t��n (F�E�} f�r �ev��wv Per ar�tiert�at�� 7�^�cem�a�r2 ��7�f�, F[?�P ��r�dit�c�n��ly approu�� rpc��d�n� uvi�h T�sl�s ��t� r�rf th�; i t�� utlin�c� ir� �he [Jk�1r° Prcpas�d. ihis P�Ft�� ccas? prc��cas�i �n�i scc�p� �f �+�srk �r�su�des an �s;�m�t� �a� f�id suppa� s�rrie�s t� �e p�a�r��ed by �f�CRC�� ir� �c��sr��n §,��t� �V'�` � p�r�r�rm�t�c� �f T�sk� � a��;d 2 of �h� �!�" ��ac��t VV�rk tc� k�� perf�rm�d by ��,l�l� �,rhicn is d�sce�b�d i� ge�a±�� r�il ��s�a�+�?, ir�c8u�l�s �?rcawic�on� �ec��r�b� ��i9f�ng s�rvic�s �ur�r°�� h� �dd�ti��af sit� ��ar��€��i;��t��, �v�rsi�h�f �nd ��r�orr�a��i�u:�c�r,tr�ct�r,g for sp�c�� i�ld t�sks, c�v�rsFC�l�t �n�i �a��i��ce �f ��JII f�elrl �+�rk, prep��tic��r af ��essary +�u�r#er�y �nd fi��l �'epesr�� ta �DEF� desc�i�ing �F:e r�sa�lts t�i tl�e �c�d�ti��ti�l slU� �h�r��t�r��atiqn fi�d�f lm��i�� '�sul� �',e,.mir ��. .rea.�14 a4,urm5i ��;s 9�rttc�&u�:�NJ cr ca*u�r.:�l Jta sf�4,.� ��:E� � f E n"a^�� :st cu�6 a�:n� r, h nvc;r Attachment number 2 Page 4 of 8 Ir.�c��5�ss �.s., :�..r,c. 3.,�i� c�-.::�G'�?n�r�4t% P3fk [ie��,r� �;��12� i[l�F T�#t?�� F,GY'.;t9;� �:�5�1 is i.,,i �ry� �,}a7 ��;• F�3xe�'f��e29Si� �uww:arcaad6� as:��m; t�af�� C��:c��rr�b�r�� 2�71i� c��a�� ;rtd�e?r� F' �r�y� r-hc�rer: 8�3.�3 a.47�i�3 EPSiEi[�' andrk:�rr �r�y�arcadis as,c�m ��r r�;r. �I��rt��te� Qui�P �l+arida Lle�n�� l�r�rrtt�� agi�a�a:�ing kB�G�7�H?�1 i i��a��v�y CeiS�,6F Larud��ape Aec�n�#�ctwr� L��Gd2�� S�ru�yit,g LE�Z�6� Item # 14 �� ' �, �, , v4+ark, acc��s, �sroy��t rr�a�!�gem�nt ��€�' c�ntr��t �dmj�ist��ti+ar� wi4h r�;�p�ct �c� the ��ci#i:c ar�r��:r��nts b�tv+��n ��5, �aRC�C�1�„„ �1V4t �nd .�,1�, ��c�� c�f �tcark — i`as� � ��s��rc� �kr�� r�cteri��tia�r� �rad �s��fia#��a��nt c�f �3�sel�n� �c�ncfii��r�s) �s�ur�tpti�ns 1 i� d�y� �f dr�llrnc� w�r�rk; tsa �a� c�r�n��:��ily c��es��r� �nd dir�cted �y U�A+� �r�c� ,�tf��t�[[:�I�. ,�,F��f,�IS �rrf� e�aritr��k d§r��t6y v�,r'��t Pr�f�;rr�d C7��Ilonq ��luti�?rs 9r�c. �L�r�r�. F#�nei�aj f�r th� �v�ar'�. �1F��A�]IS h�s s�l��t�d Pr��rr�d C�ril�ir�� 5csb.��i�ns t�� p�r#�rrrt�nce n� ��t� drrlEi�a� ��i�vi�i�� u� �� tk��ir �la�� prraxwrc�ii�r tv tYt� sit� �nd th�i� c��ilit� tc� �� C��r��ar�k�e�"` �fr�lh�rg ��uiprr�e��k fc�r th� �arr�pl',snc� �nrpr�C, ��ferr�d L�r�alir�g ��nutio�� s � w�t�r ��iY e�nir�ctar �«ea�s��i k�y th� �� af Fi�rid�, �,f�C,��31� xr�lE c��:rdir�at� avith t�re ��ntract�� rld tEte �ipy ,�f �I��rvvat�r ferr t�bt�ir��nc� #,he r��u3r��1 u��!I ��r;mi�s ��r�t��; pra��cf. ��ntti�n �re�p�rky a+�wn�� rmis�i�r� �� r�q�ic�� far �abta�nm� w�t�r �well ��rriils�. i�F�C��15 as�urs�� t �� i�k�c�r�t�ry �r��lyti��E uv�r� wi�l b� p�rf�rm�d �� 1� pers�nnel'. ��,�I� h�� in�l�� c�a�t� �s�� t�ll�ti�an �f ��'scana� enc,�itc��ing w�l� clr.;s.teG�, �� fur�Cr�r �v�h�at� th� ��tt �f da��s�lv�� graundrnr�t�r imp�c�s �d�raf��d i� r�c��C s�m�fin� cr�n�fu�t�� rin� ��1 �� h�e n��3r�: caf th�� a�� is iu�th�r el�b�r�te� �p�an sn t�� LJ'u°U p�r�p�r��: T`a e�t'�b[�st� b�s�lrr?� [��r3��t�r�s �d�r'trc�ra�1 rrr€�r7�tc�r-ir�� srr�trt�rrr�r�ta��ra �rr�f3 ,rae�� rr b� �r�st�Jf+�d 7°ir� �rr5c�r�rst ��ra�i �cac��rrc�r� cie:{a�rae�s c�r� t�a� fd�a�ra��s �r�� rrs#r�r��#s �ns��Jf�r� �s ��s� �af th� scr�rc� ��`aar��:��r-rz��iar� �fFva�. i�`�.� �rrvrses�ra €h�t, �� rt;��ri��r��, � r��trr�b�:� �f �aerrph�r�� nc� +rt�er-��r rrr:rltrf�v�f w��f� v�i�� a€��d t�a �� stab��a��'. �n ae��r�r��, � rr��r�r��r�� t+�a�as��i �6��t ��r�s �h� �vrd�d7 �rd' �8�� rss�lv�� ,�J��+e �l�rr�e wrtt b� r"�st��t�e� ��rpsr?di�c�ir�r [a t��: g�c�t�rr��r�t�r �e��sr drr-��€r�sa�. T�r� �r�ar�s�ct r��11�d�ev�� rr�ea�a��rar�g ��f�s u��l� �e sp��P �rt t#�� r�i�r �F � ��P, �r�d �ar.h wc�ti ��urd� ta�� f 1��[ i" �� rra�r�rtnr�r�� ,��ar�at�. ��e rr�r��t �r�� sa.a�t� af r�a��rrf�rira� �vells iur'Ad f�� ar�,��r� �� f��s� � �dt�e,� �v�r � �� ,rr��t�r �et�r�a�1 tr� ��t�b�rs� bas�Pi�� cca�r�lr�ac�r��. ��-rau��.ftiv�t�r �arr�,�i�� v�IJ t�� s�I�+��d �'�r ge��.h��ar;�f p�farr��fe�r�� J ��7, �� rrs e�c�, ar��' ��Cs � t`��.� �rr� �';�a�-!s). Pr�z€ara��trrc dat� ��1 a�s� b� ��r�d�c#�e� ��r�aurr�n�r�. Th�s� d�t� �vrr' b� �as�� as � b�s��i�ae t� �a��s�� +r��afrrr�r�� a�rfc�rr��rrc�. Tr�� t��rt��l Ir��c��n�� ri�l �ae d�s�:u��e� �rrd d,�:t�r�i�ed b�s�d �n sec��r�� caGls �rith U�+ ��d �Ca� Th� m�:t�l�v�l morsi��fiir�� w�l;l� �� ditEc��f �ar6ng� ��r scauTC� �r�a .�;'uu ..aa.r,,.l�.axvl�.,�^srt�e.vn r��pr.s.3;rx�s ..aA,.��eoi�i�r.�.si�a��r .cn��a.at;�dC �'��'vx�'=Mi�� .:cipti Attachment number 2 Page 5 of 8 ��' �fV�l� ��1i�8�,,�;,' C}ece�tt��i �3, 2[3�� Pac�c: �'�� 2 Item # 14 j�. ;�` �h�r�e��r��4i�an ��rill b� i�� enst��l�� vi� canv��atic�n�i h�Ilo�v s��-€ �ug�r �eehniq��s �rr� �rr�ct-push {+��F��be""^y ��;th�ds. Fdn�� d��th,s �# monia�eir�g e�r�il� d*�i99 �� d�t�ra��ir�� ka�s�� an �anr��tic�s�s �nc�unt��d ir� �h� fi��;i d�r';n� b�re-��I� ar�u�n��rr��rt. Fa�l�wv�r�� +��I� �nska[I�ii�r�, th� �r��is wi;lf �w d�vel��c� v�� c�in�qu�s ��wt�b�e Fr�r r�ult�-I�v�f w�il�ip�ez�m�t�r�. �r�ur�du�e��:� �r�adu��d d'uri�g �r�l�l �i�vels�pr��r�# ��uil �� c�nt�i��ri�ed in c��a�n,� �s� h�P�iin� t.�n�Z t� b� I�c��d an...si�e �nd 5tar��ii fc�r pf��r disp�s�G. l��f�ll can�tr�cti�� 6�rr�s Lvi11 �ae e��v��per� f�ll�wrin� is��t�ll�t't�n �f ta�ri��5 and �nu9t�lev�l �uePls. FQIP��rin� s�t� �rork, t�e lac.�ti�ns �if Efi�� r��s� m�nrt:��i�g �rel�s �nd b�srin�s �ill ��: #i�d i€�� #h� �x�sti�g sit� da8um� by ar� ��C.A�d� s�rv�yi�r� �.r��,v �hce�ss�J Fi€�ri�� 6anc� ��r�e�r�r�. ��a�i� �f �f�ir� — Ta�R� � �k��r��h-�caE� �rcp�r��ne�t�) ��ask 7 �,� �redamin�r�kd� �crp��d �� uQrk #�a �� a�rf�rrr�€:ci hy U'J�" ira th� I�abaratary. �i4weu�r, s�rnples ca� n�n-im�acEed ��a�# srr,p��i�d sit� t`��fi� ��°� r�€��a�rc� {��`t�� ka�nc]�-s�ale testinc�. T�i� pr�pvs�l ��n�err�pl�te� �h�t ra�Gl��1S �+�16 b� �sk�:d CQ r�#ri�ve select s�fnp6�s �f si�e m��i� fc�r s�tipm�r�� t� �l'J�1 f•�r tt��,s�e`� la�c�r�t;t�r}+ ��n�i�-sc�le t��#ing. S��d�?rf',� �� th� s��plem�ntaw c�ntr�e�ir�g is �n plae�*, A�CA�71� v�il� ��car��n�i� u�,th t��.N p�r�c�r�r��l t� ��gin ��a�s�l3��ti�r� ��d p��para�ican �c�r �cand��tin� tt�e s��p�� t�# �i+�r9� �r�ii�cp��d �� T"��k 1 �� sk �, It �s �ntiri��t�+� �h�t �'�sk � ��Il b� c�r��t�d �7urir�r ��ru�ry 2�11. �u�s�qs�en# grc��a�du,a�� s�m�l�ng t�sks �7�1 be ��nd��t�d t�y �k+V p�r��nr��! �n �c�lfi�win� qu�r��rly �v�rsts, �s d�t�r�ir�ed �y �'�+J. �he ts��ch�- sc�l� tte�i��ula�y stu��y vwc�rk wY�l� �� c:ra�du�t�� b�sed Q� th� ��he��l� ��t fc�r�h b� lJ�+v irs th� 1JkIV'Prr��aeasa[. T�e ��n�torrt�g �rv�l9s �rrst�l��r� i�s cc�rSr��Cti�7P� �vitf� �`a�k � vwi�f b� s�m�led t�y iJ�1� V at ie�st a��s� {1 ��irn� ��t� �aa�rter du�i�sg �he t3r�r�E�� ( l�; m��s�� r�r��d irr�rnrn�edi�t�fy f�91��rvirr� th� i�st�a�l�titan r�� a� same A��part ci�t�ilin� �h� resu�ts g��r�t�d �y U"JI�' fvr �ach such s�mplirg ev��it wigl b� pr�par�� Ai�� far �u�m�� t�a FC7E� �vithin si�e�y (��) days r�# �ach su�h sa:n�ling �ven� ��n�l r�pa�k ��^�I,��tin� th� ��ul�� cr� ��sk 1 �nd ��sk � �uill �� pr�par�d i� ��c��d�rr�tf,�n uvith 4�1��+1 and �u%rrtii�t�c!! �� F[��P withi� s�x�y (6L�j d�� e�f tn� G�sk s�� rr��lic�� v�rrt, p�r l�m�fr�m�s �ti��al�t�� i� F�E�°s cc�n�itr€�sr�l ��S�rov�1 �ett�r ��f�r�n��d' ab�v�t. Attachment number 2 Page 6 of 8 P��. �3ri�r� L�n�alle CJ��mb�r ?��, ?il��J €� ��: �rz .�s,.�i•L:.le t�isL.2.cra�t�b�a/wUd+��,� aV�JOSni.�.x.G�dl.naFd� j.rinn�xSVnrzvaw�trrc�.s�tz.;y..x:��.rt5=:��x `�� 3 Item # 14 �±,�. ��«��;t�� l�i��l��.�ll� ��#irn�at�� E��r t�rc� ��•�rk ��°s�;�e� ;��as�a� v�n �� am��t�� f�r a��r�x;-r��t�l� ��3,;��+ T�[a�� 7��#t��,�°*�; �sr��n�s �he� ��tir��at�� a�t� f�r th� shR�r� de��ri��c� �er�i� �na� al�� `r�411�:E�� r�t�s ta k�e a�� c�� th� �r�a�c# far ��s��s�icl��C��71� �;nr��r��k-1 Th� t��. a�i°I �� k�il(��d nN� t�r�� nrJ n��c��§�I� ��s �:�-;�;ar��n� ��, th� r�te� ind�rat�� r�'f��R� 1 T�� esC�r��i�� ast �� cat i�s�IUC9� th� ��rf�rrr��;r�c�� cf =�� i�,�it��ir��1 v�+s�rk tt��i �r��y�= k�� eq�ir�.� ��tt��ar�� th� �evi�°,� r�f t.l�� i;r7�i r�� rt �v��.w�a�n� r�� r��u�ts �i Ta�� 1 ar,�! T�s� 2�y ��5f P. ,�s� �va�� r��a��a h�rcin, �,�k,,�� p��f�rl�w�� u��i �hre C�rrYYS �ar�� C�t�tli'ti�,r�� f �ra� �.urr��r� �;I#y+ �af �l�arrdat�*r �r`f�,�� Cl��r�v�t�r i��s ��r��^�� r'rr�s�� .�y��rr��rgl �r�� ,�Ra�AC�I�; p�� s�ppp3�r�r��rt�9 ��rv��t. f�f��r�C?I� ��pe��;i�@�s t�ti5 c�pp�e�uris`� k� pr�r°��c�� I��r��d;3t�� si�ir� �� tl�� C�� f C�t�r��r ih�� r��:n�;�l. IF ti'o�: ��frri��t� [auz��t �ne� �w�pt�s�r� ��a� c�� °,�€�°k d� ��ia�t�r� �n� ��:: �pt�t�E�, �le�� d��i�� r�FdCf��il� �,��i!'�� ::s,p�� pr�ac��r�s r�g�rcior�� "t�a; �x��':`ir�n caf �a �u��rl�mentJ:l �gr��e��r7i k� CN'�� ci�fa,r�e� r�a��t�r ��re��n•ent, iff �+�u h�v� �r�'1 quc��ts�rrs re��`�i�iy Y,",��, ��rv4�E �at' t�e�ui�� r�s�r� �nfprrn�ti��s pl�� ea'a�s±��'� Fh� u�d�rsi�r��d �C ��.�9�_�„i�� r a�� £ir��l ;�.t ��F�r�t��,.�r��;r��!.�. �� ccrrr�, , w�;in��r�i�-, �R�r`�,Gil� tJ.� , Irt,�,. �.,, � 3�� . � �l f��r�� rgi�� f�r�+�I��E,�`C��`o��ut Ni�r�v�er , ,e��: ��til�i,�rn f P�n�:� - ��,k��r I ��s�.�t;�e �yns��e �I,��r�es m ��€�r H��t�#I�r ��n ��t�r - w,F��s��l� .1 ,r s �.arcs ., n,1.6•�. ,x.v.<ae�?s g„ vm.,�s;;�, .r�c s� 3E, �.3s��a� 4�s:m. `v"�"*,;; 7 �<8 Attachment number 2 Page 7 of 8 i��r �ri�r� L�r7�iii� �� p�rr��i�r �:3; �?Cl� �i �<�,f�, �t �°�t 4 Item # 14 TA6LE 1 P�ROJE�:CT C:175T ESTiMATE aiR�'.AQ95 ll_S.. I��.M1C. �s¢ Prapasal for Task I and Task 2 arf Un€v 3f %Natgr3a�a R�esearch C�.learrwater Faamerc M1a�:nufacturec� Gas FIan4 "�ite Clgar,va�ter. Fl+�rada Attachment number 2 Page 8 of 8 .�,�1�«�p:.p Item # 14 Attachment number 3 Page 1 of 1 Clearwater Gas & Health Dept Site t ;, � �; � � s ,, � 4 � � �z �,� _ � �� , ;� , � 9,t 4 � �,v�n � �� v ^. ,�� s�.. � � �y i t � }v� 1 ��,y� � � .. „ .� s� 1 � � �'� � 7 t t, i fy� �( �� 7 y � 5 ��r { �Y P a4�" `� '+,%a4 q , 2 'Jb' ''% �' F, } � , r s.. . , ,�; �..,�. . �a. ��: �� s� .. 1 �i� , `'�'S ..�...�. � � � �Fd h. � � .� „ ,�, , , , �_�a . , Page City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve amendment to lease agreement with Matt Loder, owner of Clearwater Beach Seafood, Inc., d/b/a Crabby Bill's, adding four years to the term of the agreement in exchange for upgrades and modifications to the premises, with substantial completion of such upgrades and modifications by August l, 2011 and a certificate of occupancy issued or a final inspection conducted (whichever is applicable) no later than one year from the execution date of this amendment; otherwise, the extension will be void; and authorize the appropriate officials to execute same. (consent) SUMMARY: Council directed staff to negotiate a 4-year extension for Crabby Bill's Restaurant at the August 5, 2010 council meeting. The current lease would expire September 30, 2011. The new term will extend through September 30, 2015. In exchange for the extension, Matt Loder has agreed to the following improvements/modifications/remodeling: Roof Re�air — including replacing existing roof surface; replacing bad wood as necessary; and resurfacing at a$30,000.00 estimated expense. ADA Improvement — including but not limited to repairing the elevator and enlarging the restroom facilities for greater access at $50,000.00 estimated expense. Plumbin�Up�rades - including the addition of a larger (grey water) grease interceptor at a$30,000.00 estimated expense. Electrical Up�rade — upgrading the out-dated electrical infrastructure of the Premises to obtain more efficient service at a $30,000.00 estimated expense. General Premises Up�rade — including the painting and updating of the fa�ade of the Premises at a$50,000.00 estimated expense. All modifications and upgrades must be substantially completed by August 1, 2011 and a certificate of occupancy issued or a final inspection conducted (wichever is applicable) no later than one year from the execution date of this amendment, or the extension will be void. Review Approval: 1) Lega12) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 3 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Lessor" and CLEARWATER BEACH SEAFOOD, INC., a Florida Corporation, d/b/a Crabby Bill's Clearwater Beach Restaurant, hereinafter referred to as "Lessee" ("Amendment"). WHEREAS, Lessor leased the Premises for use as a full service restaurant with full liquor bar and liquor service to Lessee pursuant to the Lease Agreement executed by both parties on March 18t", 2009 ("Lease Agreement"); and WHEREAS, Lessee has represented that it will undertake a series of modifications, as further detailed herein, to the interior and exterior of the Premises; and WHEREAS, Lessor and Lessee agree that upon execution of this Amendment, the Lease Agreement shall terminate September 30, 2015 unless sooner terminated hereunder. NOW THEREFORE, it is mutually agreed as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. �� 3 Paragraph 1 of the Lease Agreement is hereby amended as follows: The term of this agreement begins on the date of execution and terminates September 30, 2015. The date of termination, however, is conditioned upon proper permitting and the Lessee's substantial completion of the modifications, as detailed herein, by August 1, 2011 and a certificate of occupancy issued or a final inspection conducted (whichever is applicable) no later than January , 2012. In the event Lessor does not timely complete modifications as defined herein, this Lease Agreement shall terminate on September 30, 2011. Except during the commencement term (date of execution to Sept. 30, 2009), as referred to throughout this agreement, an "agreement year" commences on the 1 st day of October of each year and terminates on the 30t" day of September of the following year. Paragraph 5a of the Lease Agreement is hereby amended as follows: A guaranteed minimum rental in equal monthly payments, which will be due and payable on the first day of each month, an amount in accordance with the following schedule: Years of Lease Commencement — Sept. 30, 2009 Oct. 1, 2009 — Termination (Sept. 30, 2011 or 2015) Monthly payments $8,912.86 plus tax $8,912.86 plus tax & annual CPI-U increase Item # 15 0 Attachment number 1 Page 2 of 3 The minimum rental shall increase on an annual basis beginning October 1, 2009, based on the Consumer Price Index for all Urban Consumers (CPI-U) South Urban area, for the twelve-month period ending September 30t". In no event will the minimum rental decrease from the most recent lease period. Paragraph 15 of the Lease Agreement is hereby amended as follows: Lessee shall secure prior written approval from Lessor for modifications or remodeling of existing facilities or for the construction of any new facilities, and such approval shall not to be unreasonably withheld. The terms remodeling or modifications as used herein shall include only those events requiring the issuance of a building permit. a. City Council-approved proposed improvements (as approved on 8/5/2010): (1) The Lessee's proposed improvements/modifications/remodeling must be properly permitted and substantially completed by August 1, 2011 with a certificate of occupancy issued or final inspection (whichever is applicable) received no later than January _, 2012 [one year from execution date]; otherwise, this Amendment is void. This Amendment is conditioned upon completion of the following proposed improvements/modifications to the Premises: A. Roof Repair — including replacing existing roof surface; replacing bad wood as necessary; and resurfacing at a $30,000.00 estimated expense. B. ADA Improvement — including but not limited to repairing the elevator and enlarging the restroom facilities for greater access at $50,000.00 estimated expense C. Plumbinq Upqrades - including the addition of a larger (grey water) grease interceptor at a$30,000.00 estimated expense. D. Electrical Upqrade — upgrading the out-dated electrical infrastructure of the Premises to obtain more efficient service at a$30,000.00 estimated expense. E. General Premises Upqrade — including the painting and updating of the farade of the Premises at a$50,000.00 estimated expense. (2) The cost of modifications or remodeling is the responsibility of the Lessee. Lessor shall not reimburse Lessee for any costs incurred for having endeavored to modify or remodel the Premises under any circumstances. (3) The existing improvements, together with any improvements constructed by Lessee during the term of this agreement on the dem ised prem ises, shall become the property of the Less��p.�r� �he Attachment number 1 Page 3 of 3 expiration of termination of this agreement; provided, however, that said reference to improvements herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property and trade fixtures utilized by the Lessee. (4) Lessor shall maintain the right to request an accounting, at any time, of the expenses incurred by Lessee in conducting the improvements/modifications; if the costs are materially less than those estimated to the City Council, then the Lessor reserves the right to terminate the Lease Agreement, 5. Except as modified hereby, all the terms and conditions of the Lease Agreement remain unchanged and are incorporated herein by reference and shall continue in full force and effect. IN WITNESS WHEREOF, this Amendment is executed as of the date first above written. Countersigned: Frank Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney WITNESSES: Signature Print Name Signature Print Name CITY OF CLEARWATER, FLORIDA By: William Horne City Manager Attest: Rosemarie Call City Clerk CLEARWATER BEACH SEAFOOD, INC. : Matthew Loder Sr., President Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Authorize establishing Capital Improvement Project 315-94854, Multi Plane Hangars, to construct new multi plane hangar(s) at the Clearwater Airpark. (consent) SUMMARY: The City Council authorized the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar at the Clearwater Airpark and authorize an interfund loan from the Central Insurance Fund to the Airpark in the amount of $101,357 to be paid back over 5 years at the cash pool earnings rate adopted by Resolution 08-03 at the Apri13, 2008 council meeting. A supplemental agreement to change the term "hangar" to "hangars" was approved on September 17, 2009. FDOT had agreed to provide 80% reimbursable funding to construct a new 9,600 square foot multi plane hangar at the Clearwater Airpark. It was expected to generate approximately $32,400 per year back to the city in rental revenue. The project was estimated to cost $506,788. FDOT was to reimburse the city $405,431. The Airpark Fund would borrow $101,357 from the Central Insurance Fund and pay back the loan during Fiscal Year 2008-Fiscal Year 2012 (5 years) with the first partial year being interest only (until construction was complete and the project began generating additional revenues). Interest is at the cash pool rate of approximately 3%. First quarter budget amendments will establish the project budget of $506,788 representing the grant funding of $405,431 from FDOT and the transfer of $101,357 from the Airpark operating fund, representing the loan from the Central Insurance Fund, to capital improvement project 315-94854, Multi-Plane Hangars. Type: Capital expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-94854 506,788 506,788 FY08 to FY12 Amount 506,788 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Review Approval: 1) Assistant City Manager ED 2) City Manager 3) Clerk Yes 30,000 506,788 Cover Memo Item # 16 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve a memorandum of agreement between the Pinellas County Health Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30, 2011, to provide funding and staff for various health department initiatives sponsored by a federal grant entitled Communities Putting Prevention To Work (CPPW); establish a new Special Program (181-99869) entitled Prevention and Public Heath PCHD, for an amount not to exceed $35,185 for the period of this agreement; approve the addition of one full-time specialist position to be funded by PCHD; authorize the City Manager or his designee to extend the agreement for an additional 15 months from July 1, 2011 to September 29, 2012; and authorize the appropriate officials to execute same. (consent) SUMMARY: The PCHD received a two -year federal grant totaling $4.85 million dollars to spend on local anti-obesity programs focusing on policy changes to promote physical activity and improved nutrition. The PCHD desires to use some of the grant funds to establish four full-time positions to be located throughout Finellas County with one being in the City of Clearwater. Approval of this agreement will allow PCHD to establish a program and position in Clearwater. The City will be responsible for hiring and supervising the position, which will be stationed at the Long Center. All costs associated with this program will be covered by PCHD. The person hired for this program will work with all city departments to develop and implement wellness policies and environmental changes in the work place and community. This agreement covers the period of February 1, 2011 to June 30, 2011 and staff is requesting authority to approve an identical agreement for period July 1, 2011 to September 29, 2012. At the end of the program, the position will be eliminated. It is anticipated that the City will have some well-defined policies and programs in place that will be self-sustaining and focused on continued workplace and community wellness. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Funds will be reimbursed by PCHD similar to other grant projects (JWB). Current Year Cost: $35,185 Annual Operating Cost: Not to Exceed: For Fiscal Year: $35,185 Total Cost: 2010 to 2011 Yes -0- $35,185 Appropriation Code Amount Appropriation Comment 181-99869 $35,185 Funds reimbursed from PCHD. Review 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Approval: Budget 4) Lega15) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 17 , �: + , � � s•� " �� s Attachment number 1 Page 1 of 16 <�`��"��'��' .� ,�"�r� �� .��'��<� �=��`�� :��, ��r� �� 3 ��x�� '�� ,�� ,� ��,,��.��f��,; �f��..?w:��a .�f`i4:M��tn�P ;a�l��k4..�£��.�. i�'tk�x ��9�l�;�° �f��`�"��. 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I I —._.. . _ _.. tli . f &i , . -�, . � — � � .�.Fw.i�l.l�;� , kbl�- �:L6�5�1e1� �:�ot�i�"tt�ti';,'" �t;r}ipI`j,� r.l�l ��Ti:: IClI�?Ia,sl'-..�I�I�tf�Ctf; ct31�.� ��4�t,lri�t(}I� C�� 1t31t;�tm�l:"�'�a'i.� . C#11[ik.IPi�:uf { ��i��"f�"9°°r ' t'WCCiiilt Tfi1G; Y �''��' �i31C� �i�l%[�,i}'r�1��C� �tt��Jt,'v :SliCt.+?I1'9��. ( i , _ _ ..__ — -- _ _. - . m � � _ w, �°�§.��"�"��.� i„�Is,o-�"P�'i" I �JCE °� ��;t .��f{,�i`;� 9�1�<l�k�e �. a.dt La ��S„i. ��.b�iF f�'�'�drt"€,,.� �`'�; # §t' i�4."E.` . l�� _ � �y�r#P�}.�"'�.�.'&"� .. fi.a9l..'�,.!�:E" �_ Ce�j;� ... �,..7,.7r �?,tl E t`i d.�ll,�,*�Ytl. 4.i�. ,��ii. ... ';"�4�.i' ,'t.}; t lE.a�is:4 ' � f� ,� 3 �; - ��.-ti ,�'{i � .r I 3;<,�I��aCCC.'�'. ��'`€'°�>�II ! .�� t`� �.,�El�,tl$.,P° � �'�1'!Y".. 1 �� "�.�ti � t�?'L;.!C�.t�P i; �'t11�.'`,��.�I#._t��.�::� l., Lt�,l ci:.�° —� �itl � ; , tS _`�,1 i P�� 4„i�a.9� �c't" �"s' .I t � �° _. � � .��i ti �� ,, Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Re-appoint C. William Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Fund, with a term expiring February 1, 2013. (consent) SUMMARY: In keeping with the provisions of Florida Statute 185.05, which states in part..."the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." At the December 10, 2010 Board of Trustees meeting, C.W. `Bill" Renfroe agreed to serve another two-year term as Trustee, from February 1, 2011 through February 1, 2013. Mr. Renfroe is a Clearwater police officer with over 11 years experience. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None � 2011 to 2013 Budget Adjustment: Annual Operating Cost: Total Cost: None � Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Rush Truck Center of Tampa, FL for one Peterbilt Mode1320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine, in the amount of $259,112.00, in accordance with Sec. 2.56(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 Peterbilt Labrie automated side loader will be purchased through the Florida Sheriff s Association and Florida Association of Counties Contract 10-18-0907. This truck will replace G2418, a 2001 Peterbilt side loader, included in the Garage CIP Replacement List for Budget Year 2010/2011. This truck will be the first Compressed Natural Gas powered vehicle in the Solid Waste fleet. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $56,156.00 Not to Exceed: For Fiscal Year: 2010 to 2011 Appropriation Code Amount 0316-94234-564100-519-000 $259,112.00 Bid Required?: Other Bid / Contract: No Florida Sheriff's Association 10-18-0907 Review Approval: 1) City Manager 2) Clerk Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment L/P CIP Bid Number: Bid Exceptions: None $22,561.00 $78,717.00 None Cover Memo Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Approve Consent Order Agreement (OGC File 10-2683) with the Florida Department of Environmental Protection (FDEP) with a maximum settlement fee of $42,940, for the Marshall Street Advanced Wastewater Treatment Facility (AWWTF), and authorize the appropriate officials to execute the same. (consent) SUMMARY: Clearwater operates the Marshall Street AWWTF under FDEP Permit FL0021857 issued on October 13, 2006. The permit constitutes authorization to discharge treated wastewater effluent to waters of the State under the National Pollution Discharge Elimination System. The permit conditions dictate the quality and quantity of water to be discharged. Conditions of the permit require that the effluent be disinfected prior to discharge to either the reclaimed water system or surface waters. However, another condition of the permit sets the maximum allowable limits for two disinfection by-products (DBPs), Dichlorobromomethane and Dibromochloromethane, to be discharged to the surface water system. The Marshall Street AWWTF has been in compliance with all permit conditions from the date of issuance (2006) until September 2009. Beginning in September 2009, the annual average allowable limit of DBPs exceeded the permit limit. The exceedance of DBP limits continued from September 2009 through July 2010, despite the best efforts of City Utilities staff to modify the process to bring the facility back into compliance. Since August 2010, the plant has maintained DBP annual average concentrations at or below permitted levels. The Marshall Street AWWTF was actively undertaking a major rehabilitation/construction project, which involved replacement of the entire aeration system, from July 2009 through July 2010 that may have contributed to variations in the plant effluent quality. Additionally, staff has documented intermittent high levels of DBP precursors in the influent wastewater during this period. After multiple in-house attempts to adjust the wastewater treatment process to lower DBPs in the effluent from September 2009 to February 2010, FDEP was contacted to inform them of our investigations as to the cause of the high DBPs and plans to seek further correction of the situation. Jones Edmunds, an Engineer of Record (EOR) for the City, was also contracted in February to provide an outside review and recommend corrective action to prevent future exceedances. FDEP was provided a technical memorandum on Clearwater investigations and efforts to remediate the elevated levels of DBP in June 2010. City staff/EOR team held a teleconference with FDEP staff in July 2010 at FDEP request. The City team offered a plan of investigations and identifications of all incoming sources of DBP precursors and additional actions to reduce the creation of DBP during the wastewater treatment process. FDEP compliance staff concurred with this approach and the request for an extension of time to complete the plan. In October 2010, the FDEP issued a draft consent order that provides higher interim limits as a condition of a consent order for the two DBPs discharged to surface waters during the remediation of any necessary processes. Staff has met with FDEP to clarify the consent order and reduce the penalty to correct regulatory requirements. Under this order, the plant must be in compliance with permit limits on or before December 31, 2013. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Yes Cover Memo Item # 20 The penalties will be paid out of Operations. Since this was not budgeted, a quarterly amendment will be needed to transfer funds from the reserves. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 421-01351-543600-535-000- 0000 $42,940 $42,940 2010 to 2011 Amount $42,940 Annual Operating Cost: Total Cost: $42,940 Appropriation Comment Penalties and FDEP Admin Costs 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 # 20 �lari�l� L��rtm ��t �f ��.�� L�� Sr�ut��vest l�itita°icr l�i��1 7�I�rt�� 7"�I�ccsni P�rk,ti+�aM "I'e►n�s1�; �'�:rr�c�, I'lta�°idai 3�G37ryGl�J'?6 ��G��` �, ��} � � C�C�, T`r��v �'l�:r�er, I�u�ilac [Jliliti�.� L)irc�ctcar` �iiy° ca�" C.��ars�;�atcr �.(�. 8��; �748 C,l�arw�at:er, k�'I,., 3375�u474� trac�.n�er�cer�i1nayciear��=at�r.carr� I��: (�"c�r��ent C�rci�r {��CiC' File 5�1�. 1�-�C��i3 Clear��f�t�r M�rshall �tre�,t r"�W"�v'TF ��`�eilit�f I�:3 Nu. F"T�(1f:7� � 857 Pinetla� C;�unty [�eai- ��s. tvie��c:�r: Attachment number 1 Page 1 of 12 �'h��t� 3i� ['r�ist �;�,� c:o nc}r .i � I��` I� cst�l��a�7 �� .t. {��rertt[7r Liic:��ul L'�.';�,it' `��c�-�t��E-v �.n�l�se� �� t}Z� �arc�pc�5ed C:c�r�seslt C)r�e:r ��r th�: C`it:v'� r��iev��, i�ace��c�e;�i tc7 resralv� the i��u�� at ��: al�c��te-r�c��:r�c:e�� fa�ilit:��. �;��cuti�n �f` �(�c�n�G��t C�rc��r l�eiween the �c,��a�rn�nt an� th� �'ii� �f`+C�l�arrjvatcr w�r_,ulri resc�lve t�e itcm� citcd i� th� ��epaz-t�r��nt'� l�tt:�r, dat�d JuNy l�, �i:) ] Cl. ��i�c r�i� t�e ri�;hts c�r �u��ta�tial int�re�� f the C it:�,r �rc ci�t�rman�c� I�yr this C�nscni C)rd�ar ��ritil it i� �i�n�ci �zxd fileci with ti�e �7�:�aartm�:nt, �ny qucst�c�n�; �c�n�ernin� t]�is p�-a��s�� C*a�ns�x�i C�rde�- slic}uls.-1 l�e �.�ireete� t� itvas. Micfzc;l� �3u�� ai (�l 3� (� i2-7C�()C�, �,xten�i�n 33i, c�r r�i� �-n�ail: mi�h�:le;,�u��ar�rcrr.c�e��.�;tat�..i�.u�. �i��c��ay� y��u��, - y; . , �`�;�- . � ' = r G �' ' �k .., ��^.- L3ek��rah s'1. �C�et:rc�fif' �= ' C7i�tric.t �]i.r�:�tC3r �c��tt}�r��;�� I:]i�tr-i�:t I� ��,, (�� r' i�r.rs� ci �n�;lt��ur�:. �c: I��G��a T17t��rnan, FI�F;I�, diat�a.t��uz-nl�r�ic� d��.statc�.t�.�x� ,C��k �S�c3��4s�i, �:l�arw�at�:r Marshall St��e�t f��t�°�'.�.]:�, j��:k.��d�rw�k�tcr��n�,r�l��r��°�ier.G�� i1�1'i" l�'�,-I �c C7:i:k71 1 �.S:S �`� r ti,.,.c. -� Item # 20 �� Y S. i l l,�i.i i. a`. •�..:�T 1' i, i A� t:�, ��lr. : f t. Attachment number 1 Page 2 of 12 ��r�� H�; ��r�.z�L c�� r�LC��, D�F�t�RTMCI�T +C�I, LNI�'IFZC.IN�'ILl'�jI��L �`I�Q`I��C�f`I[]I� �T:'�T�; [�I� }� 1�C)RII�r� L��PAR."Z"Ml�,;<I"T� ) XN x E I�°: �� I° �C;� ; C}�' '� I d�; CaI" �I�VlR�C7NMl��;`�'AI, �RC�I �:C;°T`��]�1 } �C�C?.X"�-1�'�}.��I" C�l�i'�"kXC,.I. ) �•5. ) ��CC' �rl.� I�IC). 1�-�b�3 ) �;�M�...� �)�-' C: L�:��Vv'��.'1��2 � C[�NS��I"f C3IZ1)Ei� ,1°�ii� �:�ns�n:t �.}z�ti�:r �� en�ercci int��s bet4��i� 111�: ��te �af Fl[jz'i�a �e�a�t�nent t�#� �`nviran� mcnt�l Y'r�tec:ti�n �``ll�pat-tnlent"} �n� �:i1`�7 �f� Cle�ar��s�tc:r �("I�e�pc��7��izc") tc� ret��.�z seitl�mer-�t �f c�.rtain n�att�:r-� �t i��u� �etw�.�n the T�)e�ar�meni z�� esp�n��r�t. The l�e�artn�ent ��nds an� I�espr�ndcr�t �r�r�its the f�Ii+��i��: 1. TI'he L]epartment is the �tc��`inini�tz`�ri�v� ��nc�r +�f' ti1� St�t� �1` I'lc�ritia ha�°ia��; th� ��r�ei° �i-�� c�r.aiy� tc� �rat�ci rlrarida'� �ir ��ac� �ratc:r rc�c��a-c�s a�ac� ta �dmi��isi�.r arad cz�i�re� t�e �r�avisic�� c�f` �:I�aptc.c• �C�3, Flurit�� l�t��tes ("F.�.'')t �znei tY�e r��l�� •c�m��l�at��i a��c� ��thc�i-i�ec� in 1"itle Ei�, �'l��r-ic�a ��c�r�ini�tr�ti��: �t�r3e {"�'.�.{�'."}. T4�e De�artrrr�i�t 13�s_juris�ieti€�n �ver the Indtw ters ad�ir�:�s�c� 'r�:� ihi� �C;c�ns�:,r�t C�rcicr. �. i�c.spc3na��ilt is a per;��n wit��in tlr� n�e�r�izz� c�i` S�ciir�n 40�.�3 l��), F'.S. :�. ��s�t�tid�nt is th�: �wr�€:r ��1c� is r��s�€�n�ibl� fc�r Ch� r��c:ratic�n c�fi tt�c: C'l�arv4�at�r M�t�s�a�l `�tr�.�� 1�c�u�n�� '"�'��te�v�ter T��itr�e�lt Fa�i�ity, a 1�.0{} M�iT) r��st�water ti-e�tm�;rlt facilit�� °ith r�cfairr�ec� w�tc�r ��z�t tc� th� +C`1c�rd��te�° 1Vla:��er I��u�� yst�r�� .°I��l�J1"� �i�d c�e�1��- rir�atc� �f��r:it da�c��r�ed tu Si�.vensc�n Cr�:c:k, t}�e«c;e t�� C_ learwater I-Id�•k�c3r �.`Y7��1 "), �;��71��:._ ti�-elyi ka7c��1-� �� '`F��r;ilii�°.„ ']��i� ]°ac�ilitv z� l�c:.�3tc�l ai i�7(�7 IlG�nc��z� I�r��e, C'l�ar�vat�r, �i��ll�s [��a�i��t��, C-'l��r-i�l��, 3�37�5-1�2�. I��:��c�nclent ��perat�� th� F�cilit�� uaider I}�.partt�t�er�t I'�rnzit No. FLl]0"�l�`�7, �,jlzis�l� 4�it� c�parc C)�.tol��.r ]�, ?f�� 1�,s�'�:rsr�it"}. "1.11� �'�;rr��i� �t��astitutc:� autlac�ri:��- �ic�r� t�� s�:h��z�e; t�� =al�:rs c�f` ihe Slate u.�lc��r th� Natitmt�l P��ll��cic�i� �7isc:h4ir�e Clin�in�ti�n �vs- t�: n� . ��r,� �� . ��c��is��r� C;r�ck, a tri��:�t�,r�j tn C"lear��a[�r ��<��r��. i� �Ia�sifi�� a:� �� (�.`S:�s:� II ��- t�x� ��l` th� �t��:, ��ur;;u��nt t�� 1�tG�� a?-��J�.�(}U{1()�. �,.f�.C". C"N�<�r��ter ]I��r�a�r ?s cl�s�i��ci �s � �� '. �,.�:. �`l:i:,:� III ��s�t�� Y�c��. �r� C�ut�ta�din� �"1c�r�icia "��ate:r, a��i a�� cp�iati�: �'res�:r�°�. �� tti�li��e� �� Item # 20 Attachment number 1 Page 3 of 12 ��l�I' �_�;. �;it} af Clear4��ati:x� � a�IS�r�t f�r��r �(.��C. � ile �;'��. 1 C)��a PE�� l° T � C:h��t�r 7�-�i� }, l:�,aws c�t Fl«rici�, �nd �ul�� [a?-3i��.7�JCl(�)){b�� anc� ��-�302.i(l(l(�)(1��3�, �'.,�.Cq, I�t�ci�ar�e5 c�f` dc��are�tic w�st�.��ateT� to �cc�•c;a�sc�n C'reek, �r�ci �ub�cr��acntl�f C�'leai�.r�atei° l�az�bc�r. ��°e: ��v�med kay ��ctican 4C7:3.i38�i, ��.:�. 5. T��: 1}epaz-tzn�ni �r�� tlaat, �rc�� a r�:��i�w• �� the �:�isch�r�c. I��Ic�rz�tc�rin�, ��:�c�rt�, ("I�NiR:�") ��la�nitt�d l�y� R�s�c�r��erxt f�� i17� F'd�ility 1'�ar the perir�ci c�f Sept�KnY�er �OC19 thr�at��h I'w�a�� l t f), th� ��Ilc��in� r��ic�l�tiai�s �ccl�r-r�,d: a} "I°h� �i�bror��6-�hl�rc��thara� �a��u��I �ve��9�;�. lianit �f' ��4.�} µ�l�, �,■as ext;��c�ed ��;�� n��ntla trran� �ept�mk��.r �(7()9 thrr�u��7 Mav� 2()1[�. 5��e�uc;�at1��, t�� anraual av�ra�� l��Yait a��s �l�c� ex�ce��:d ir� ;1u�7e ar7c� .�uly ?t)l �i. �) Th� �i��hl�rc�-br��:r��m�:tk��zYe �ra��uat ar�er;��e Iii��t c�f?4.� �r�f�., was ��.��:.r� rn May ��J1t�, �u�s�:yue.nti��, th�: �r�nual ar��r��e Iirnit w=a� als�� c�e��cc� in �une a��d Tul� 2[71 £�. C�, Tf�e �7e�a�-tame�7t"s finc��n�5 in �ar��raph � �c�ns�itut� ��Iati�7ri� �a�' C.�hapter ��3, ��.5., and ��ie� E��`3()�.S��l{3�)(l�)�, ar�c� G7-3�?.53i?(35)(t��S,, �°.�A,.C'. i-l�:�rin� reac�eci a r��c�lu�ic�z� ��f �}�e ��tter, �.�s��rx+�eI�i �ztci ih�: T�c��rtm�nt inut��lly. a�re� an� �t i:� C�RL71::?ftLI): 7. �y U�ceinbear 3l, ��1 �, anc� tl�ez��;��fter, ��r�zrc��nt �ha1i c��rat� in cnrnpli��e.c witk� tl�� P�a-nr�it li�nit fc�r dibt-t��o-chlrr�rc��l�t��i��, �y reduciri� th� sc�ur�c;es r�f" di�t°�ar�c�� chlc�r��rx�c:Ch�nc:, by trr.atin� tc� re�iuc� �it�resn�c��ci�lc�rt�ta�e�har�� c� #1�t�t th� I�acility's �f�ue�t c�m� �ala�s w4�ith th� �ermit lir��it fc�r riihr�mc��chlc�rc�n��c�tha��c.. R�s��nr��:a�t shall i�k� �•h��i�v��- �c��`t'�c- tir�e �cti�an:; �arc nc.�;cssary ts� rne�t tl�e �ir7�i� ic�r dihi•c�x�ara-chlarnm�t��r7� %r� th� ��a�ipity's �fflu�nt. 1-i�,r��ver, if �� p�rrt��it r�vi�i�� c�r aci�iti�r��tl 17�partn��r�t p�t-�riit i� rec�uir��i ft�r t�te ccrrrecti�� c- tic?a�s. ��s��on�ent i��LiSt c��at�ir� th� ��ermit re��isic�n car I7e�aar�r�xent �eP-rr�it p�-ic�x tc� �Iacir��; th� na��ilicntir�n5 �t�t�� c��e:r��tir��, �c;5�oiid�;z�t: sh�all sul�mit tilc ��rc��ris�t� ix�fe�srn��ti��7, a�plic�tic�t��;, �4riia�ent: ��ta, and re��acans�� t� L7�par-t.n��nt r�i�u�st:; lcar ac��iti�zl�l �r�fc�r�n�[i��l and �c��a�alv �vith t}�� I'�rtT�ai Iin�it ��r c��kat`c�ni�,-ck�lc�r�n�eths�r�c hy �.]��.�rra��t' 1�, 2013. �. l�e��r�nin� tt�e �irst fizll mc��tka �tt`tc;r tl�� cff�c,tiue cia�� c�i� tf1i� C"�n��r�t f7rc�cr ��i lastir��; tlu-c�u�l� I�ccc��c:r � 1, `�U 1�. tlx� intcrir�� lirr�it 1:c,r �ibr�3��c�-c:��l�i•�nxe.tha�7e f�rr e1f1«eni di�;�tl��e;c� tc� �urf'�c�e �nr�ters fr°c�rr� tk�e Faciiit�r �ia4�il h� f��}.� �.t�lI_ Gi� ��n a��.nua2 �z��ra�;c;. `I�h� ��t�- �-iz�� I�is�:t�ar�e �;�c�r�it��in� ��S��rt, ir�c��r�ac�ratcci ��reii� ��; ,�1tta�:k�rl7�nt I. ��7� �� usc�i fr�r r�:�ac�rt- Item # 20 Attachment number 1 Page 4 of 12 r��'�' �•:�. City° �F�'le�rr��t�r C�c�r��+�nt (�rdc�r C�C1C, I� il�: �It�. 1 C�-2(��3 l'a�� 3 c�t 1 � ir�� th� i�atei-a�� lrmit W�l��e. 1"��is i��t�rir�� linxit �cje� n�t act a� tx �tate �f' F��ric�a D�:��rtmealt �af, Ea7vir��m�.nt�,l Pr-e,tec�ic�n waste�-�ite� ��ri��it �i`i�u��t liinitati�t� c�r rn+�c�ified pe�rnait lir��it4tti�n, n��r c�c��:s it authorize r�r c�thert��i�� ju�tifi� � r��ic�latic�n �f t��c Tl�ri�a �ir �� "�i�at�:r �'�lluti�n �'��- trol �ct, P�rt �, C.�i��tcr 4{�3, k�,�., c��rin.�; t}�e �cn��;nc�� I' this ��ra�ent �r�i�r� Irt accorc��i�c� ��it�� tl�� T'�arrz�it, i}�c l�ltet•im iJ1Mi� �hall l�� n�aiieci ��r ha17c� �cliti�er�� ta �ric; �)��ar•�z�r��,r�t oi` � ravi- e'�nr��ent�l 1'rc-�te�:t�car� �an�:c e:ach mc�nil� anc� �r�u�t ��. r�c�eiti�cd �yr thc f��a�-tn�ent na� �acer thar� �hc ��tl-► ci�� tc�llc�w�i��; the; cnd c�f`t�ae r��ortin� peric�d �e.�.., t�7e. ��g�.ist r�:�� v�rc�ul� �e ciuc nc�t �at�r th�n ��pt�rr��;r �$th). Ir� ��ciitic�n t�.� su�irniiiin� tl�� )]�Rs t�� t�� Ll��axtn�eilt in �cc�rdancc: ti�ith t��: �'��°t-nit, �urin� tl�u pen�ez��y� c�f thi� C��n��.nt �)r��r, ��c7nc��;rat �;h�il subr�7it �c�pi�s ui° th�: I�M��s to th�: ��uthw�st 1�i�tri�t c�f'th� �e��r-trn�.�rtt, �ur�uar�t tc� par��ra�}� 1G �#`tt�i� C�`c�r�seT�t �)r- (i�I'. �). 13y I�ec�:r��c;r � i, ��13, ar�d th�r�.att�:r, ��;;spc�riduz�t shall �-��r�tc� ir� c��n�li��c� �vitk� cl�� r�rz�it lirr�il t�_y ��cc�:��cin� il�e s��urc�� taf �acl�l�r��-�rc�m�z��.tl�anc, �y tr�.atir�� t� rL�uce c.iichEor�-�ran-�r�rn�th£�ne sc� that tl�c �'a��t�� s eiil.�i�n� cc�rr�pli�� u�it�� tli� X'et�it lia�nit fc�r di�hlca- rn-��r°c�mnmet3�az�c. R��c�n��nt ��till ta�s� r��h�tc�rc.r �:c�z�-�;cti��: z��tac�� ar�. nec��s�ary t� rx�eet i}�� lix��t f"��r dichlc�z�ca-b�•c�m��rz��;t1YE�nc i�� h� C�ac.ilit:v'� c;�`tlue��t, H�aw�vcr, if a I�errnit r�vi�i��n �r• ad- dit.ic�nal i)cp�rtr�a�nt ��r��it is t��t�ir�:.c� tQt- the c��rz�ectil�� cti�ns, ��p�a��feni r��u�t ak�tain t�a� 1='c:�rtxtit rev�sic�1� ar I��rtz��cni perax�it prinr tc� pl�c,in�, th� rz��7c3i�c�tians int� t�p�r�tic�rn. ��},��- d�nt ti�u�t �e�`vert� it� ��.tinn� i�trc,u�;l� :;u�t��itfal t:�f a��re��ria�e ir�f�r`r��at€an, appli�:atic�n�;, ��c;rtin�:t�t c�ata, a��d respc,r�ses t� 1]�p��rtn��:x�t r�:c�u�:sts it�r adc�iticrnal in1:��r��atic�r� tc� cc��n�lv v��ith t�c ��:�-r��it lipnit fnz• c�i�l�l�rc�-br�n��eth�aa�c ��y �7ccenlb�r � l, �ti l i, asi� thcz-ea%�;r, ]�J. i 1p�an tt�c iir�t �nr�nth a['tez� ihe e_f te�tia�e ��tc c�f` tl�is C�c�n�ent (7x�c�er anc� 1��;tir-�� }jrc�u�,l� I)r;c�;��er 3l. 201 �, the ir�teriin �imii �u�� i�Y�lcrr-c�-tarc�i��n��:than� for c:i�l�cz�t c�i�c:k��-�� i€� s�tP°1'a��: ��t�:rs frc�t�� i�a� ]�a� i1it�� shall be 35.t) µ�!L 4��, �t7 anr�u�l �t��c� Th�. Intcrir�� I�i�:T �h��r�� Mc�liitQri�i� ��.��rt, ir�cor�c�r•at�:.cl l�er�it� ��5 ��ttachrTl�[�t I. �;lza�l ��c ��;d f�a� ��.�t�i�i�z� tl�c �i�t�ri�� Iin�it �aJuc. 'I�his ir�t�:rin� li�:t�it c�c�� r�� t �� €� �t�t� ��#° l�'l�ri�a D��ar�rn�:r�t �-�i� ��n�=ir�3r�_ �77�:z�t�1 T'r��t�ct:it�i� 4��ast�r�r��tc�r �'cri7�it �kfluczat lir�itaticzn ��r n�c��aiie�l k'errt�`rt lin�itali�n„ ric,r cic��s it a�rthcariz� c-�r c�i��w�+is� juslil:�' i� �-i�latic�z� ��f t�� "It�i-i�l�i �ir ��n�i ��ater 1'c��lutic�rl C'o�itrc7l �,�t. Paa•i I. Cta��tcr 4(}j. ��.�;., duriz�� t�a� p��cr� o�' El�ia C'c�ns��7t (�rc�c:��. Tk��: ��rirz� �7MI� �l��Il �� n1a�l�:.c� t�r k��r��i c�eii��r�e�i t�� tl-�e I)��artn:�Gr�t c�1- } �� irc�i��iz��ttal l��c�tceii�� c�rice eac}� r�7c�n:ih �an�:i Item # 20 Attachment number 1 Page 5 of 12 1.�� I' ��. � ity� c�(� �'lear. �� t�r ��an��rzt [�rcicr [)CC: I'ile No. � f1-��8� �°a�c 4 c�f �? must b� reu�is•�� r� t1�� l�cp�riinei7t n�, lG�ter than the ��li ��iy f°t�llc�u�in}� thc �z�ci c�f �� z°c�ac��tin� �cri��c� (�.�., c�� ,u�;�zsi r�.��rt a��c�ul�i be c3uc; ��t f�tei° ih�rx '��}�ten7��z- ?�i17}. 1�� c�c�iti:�r� t� �u�- r�xitti�� tf�� DI�II�s tc� �h� D�pa�trn�r�t ia� accc�r�axac� u�i�h the Pcr�ait, durir�� the ��.��den�-y c�t thi�; �"��a��t C�rci�r, �e��c�rtcl�ryi s17a11 ��k��7�it �capi�� f' tk�v �MFts tc� the �authr�°�st X�istr�ct cal` the L��pa�kxne��t, �+�rs��ani t� �aar��;r�pk� l� r�f thi� �c�n�;�x�t �:?rr��r. 11. �n �r b�:fe�are .Tu�� 5�nc� �.)c�c:�n��r � 5�f ea�� ar duri�� thc per�de:r��y c�i' tlii;� C'�rr�s�zYt f_)rd�r� a.z�d c��nti��ui�x� un�il ��I �r�rr�,ciii�c. a��:tic�i�s h�vL k�een ��mpl�t�.d, ��:sp��nc�et�t �ia�ll �u�in�it �s� th� T��artni�i7t t� r�Fritt�:n r��c�t-t �c�i�tair�in� irattarmation �t��:zt the: 5t�i��s �r��i �a��c��re�� c�I" prc�jt,cts t�e;in� �€�z�n�l�te°�3 un�3�r t1��s C�at��:izt C�r�dur, xr�f�rn�ati�rrr ab�a��t ��t-ri�?li�nc� ar x�c�n�car7�- plia��cc z�itt� tl�� ap�a�i��hl� re�tr�rem�rat� �[' il�is �C'�r�sent C)rci�r, includin�, c�c�r►str}��ctic�� r�c��tir�� ir�ent� and c:[ilu�i�t lir��itatic�ns, ai�d a��v' r�a:�c�n� f`c�r z�nn�cazn�aliance. �I,Yacs� r�pc�rts �hail al�ca in� �lude a pr��je�t�4�� f the ��cark ��;��c��r�t �n�ill ��:r��r�n pu�•s�x�nt �a thi4 C'��nscnt �rd�r cl��rin� the l'?-�c��ath �aeric�a� ��hich ti��ill i'�llau�� tla� rep�rt. ��,��crtltfcnt shail �uka��it the z-�.p��rts tc� tlze D��a��trnent �tar�uaa�i t� ��ra�s-�ph ] � rsftlais Cc��S��t [�rd�r. ] 2. I�Ir�twit}asta�rdin�, thc t�rnc �erin�� c��;�ca°i��d in �h� ��r��ra�h� ��c��je, Rc��n��nt s�all �crr��pl�te all c�z•r�:��iv� aeti€�ra� rc�ui�-e� t�y° ��ragr��ah5 7, ��Znd 11 la� I��cutn��r �31, ?f�1`� and �� in ful� cc�a�pliance wiih C,��a�t�:r �a2��0?, l�.A.0 ., r��;a�-�I�ss c�f any in:ter�vex�in� �:4��.r�� r �Iturt�ative tiz�� "rarne� in�pn��.ci in thi� C;c�z��.n[ C)rd��° �3, Witl�in �SC� ��rs �f'th�, �ff�czir��e s�atc ��'thi:� C'�ns�.nt �rdci�, l��pc�n�.i�:��t �hall �ay� �h�. i.)��artm�:r�t �4?,�)4(�.�� in ��ttl�m�x7� c�fthe r�;�ulatc��y inatt�r� addr€;�seci in tl7is C'c�r�4c.nt {�r�- c��rm "]�k►i� �r��unt incl�des $41,��4{3.[}� fcar civil p�x��1#i�s and $1,[}1�[].UC1 fc�r cc�st� �t�d e��n��;� iizcurr�.ci t�y �t�� I]c��r�rn�nt �urii��, i}�� ir��e��i��ii�,�� f`tl�is �n�tt�r and th� �r�:��ratioz� an�l ��ck_ in�; c�f` tl7is Cc�t��cc�� [)r�er, SC�I�� i�°il ��n4.�lti�s ��'� ��r��rtit7n�d �� :c�llt�ws: �31.77t�.i�{7 ��r ��ic�l�d- ti��r n�: ��u1� ��wii]�.5�(]��5}(k��2., &�".:`�.C'., anc� �l[i,�7�.�U fc�r� vic�l�t:ic�n c�t ��u1� ia2W ��]�?.��)(,5)��i�5.� 1-'.t'L.� , I�c,x� t�� .iz-�c��e5 ia�� ttl�:��:�1i, th�. I��:p�rtn��t is nc�t asse;�sin� L,i��il ��c��a�ti�:� ��r �IZt��e �rzalati��ls th�t c�c.c�ar�t��c� 1r�sn� _��ist ;��ll i3 tlu°c�u�l� the: ��rte c�f �lin� �f� thi� Cc��s�nt C�rci�°r, l�. In li�:u �f ��7��l�in,� t`�i11 c.4�s�� rjt c�f`t��. ci��il �a�r�llti�s s�:t fi�rth in p�ra�r<�J�l� 13„ ��s��c7��e��c ��1�r��, z��it�t p��iE�r ap��•c��l c�t` tl�G 1��:�a�-tn��:r�t, i�t��aleiY��.ni �z�� r�� n��7re ir�-k.i�ar� �a��lty prc�j��:t� f'c�� ."�?1,4'�.�U c�i` �h�: �ctticz��t t�ii:�c�L��k. At� ia7-h:ir��i ��r��itr ��'�j�ct ��ti:�t h�e &tri ��i_ Item # 20 Attachment number 1 Page 6 of 12 L��I' ��s. C'it� �� C�l��r�°�t�r �'r}n�e�it f_)rde�- C�C;C` Syi4e Nc�. 1 dJ��fi�� e 5 c�f l� rc�raa�a�:ntal en]a��ncer��ent. ez�virc�na��ur�tal �ducati�r�. envirnn��atal r,e:sic�r��ti��r� c�r ¢� ��i�,al i'a�:il�ty i��pr�3�,e�ne�7t �rr�j�ct. The L)e��rtn�ent rt��:��° �lsr� �r�n�idc:r ti�e dc��aticaz� c�f°cn�•ir�ann�►c�nt�lly �e:n�i- tiv� l�ta��. I`}7� tE�tal �ralu�: t�I" i�e in-kin� �r.r�r�lty prr�jc�t sh��Il b� �t l��t c��e and ��alt ti�n�s the ar��c��irat �f tl�c c:.ivil ��n�lty th�t i� bein� �r��c� ira�- at� in-kind prc�j�ct, ��,�k�ic�h i.r� tt�i� ��u. i� thc ��ui�raleni �f :�t lea�t �4T,1�3.U��. I� t��c cve:nt l��s�rs3��ti �l��t� �f�is c7�ati��F�, it mnust s� r��tif`y tk�c. �]c��t•1mei-�t ia� �r��ritin� r�vithin ��) d��s �� t17� �1lecii��e: da�� c�fth�s �c��er-it [�rr��r. �c��it�c��l- lv, Resp�ra��t �l�all r�rx�it th� �] 1,4�5.t�(? in �e��altic�� ai�� Lle�artt��en� c�c�st� r�c�t su�ject t�a csff�et t�v an in-�.ir�c� ��en��ty pr�a_je�.t ��it��in [�(l �i��s af ti�e �:�tc�.ti�c d�i�: �f� tha� C"�a��5�rat C:)z��r, ]i` l�.es- �nnd�r3t �lect� tc� it�l�l�in�ent �n in-��ra� ��i��lt�� rr�je�t, Respc��lent sha�l cc�mplr� w�Uitt� thc #'c,l- l��i�� pr�c.ec�:ua•e� ��rt�ci t�n7e fr�rn��: �} '�ithit� �1[� d��s c�f the e4`ie�tir�re c�aie c�[` thi� � c��seFYi [Jr��z°, R�s�a�,rne��.r�t ��a�l suh- rnit tc� the T�e��rtn��nt c��ic �r r�-�c}rc �rc�}�as�l� ['or cc�a��id�.��ti�-�� a:� i��-�i�c� �r�aj��ts. '1'h�: �rc��s�s�l sh�ll inc,luc�� a��x�n�� t� l��t��;tits, p�rc��ro�;cd ;�cl�c�ule; for.� in�plemeiit��ti�.�r� �,�-�d cic�cua��►�atic�s� �ai the �x�c.cic;d �;c�st5 tc� t��.� inc:urr�c� tra �c�m�lete ilae �rc_�j��t. Ti�ese �c��ts sl��l� c�r�t in�lur�e #h��u cost:; ine:�irrec� in d�>>el�t�i�1� the prc�p�sal �r �btaitaiz7� apprt��dl f'a-r��n �he ��ai-t�n�nt. The pr�:3jeci n7ust �e app�-�i��r� b�+ th�: T��.rt�ne��t i� �ualify� as an in-kinc3 ��rc�,j�ct. t.�} if' th�; l�e�ar�te�lent �ic°�e5 nc�t ��p�rc�v�: the it�-kiiZ� prc�jc�t, R.��pc�nc��ttt may ��i-_ re�.tlr��r�::�s thc� d��'icicnG�e�; �,r n��:�3� �u��i� �n �l�erraativ�: �r�j�:c;t pre�pt�sal ��ithi�r �L� c1�ys �� i��ati�n that th� �ri�jcct i� ��c�t �a��.c�vc;d, If th�: in-kiT�� rajc�t i� nc�t ��r��rc�v�d r��ithir� 15� cia�t� crf �he �ri'�ctir��; ��t� ��s1 thi� C'ans�ni fJrc��, ��s�,c�xac.�l�:z�t �kxall rn�x�.e p�y- �nent c�I� th� re�i7ainii�� ;i�-11 �ef��il�ie� �s set fi��th in p�z°a�ra�:�l� 1�i c�f' tlai� �:'��a��:�t CJr�er �r�tk�� 3L� d��+� c�f��ritt�:� r�nti��: fi��r�:� the C��rtn��z�t. c) Re��ui��e��t sh�all �c»n�let� tl�� in-kii��i �rc��ect w°it4�in �(�� day°� �f 1��p�ri�x��nt ��_ �r�r=a1 uar i� ��.ozc.l�r��c.� ��itl� tl��: �.��7r�?��:ci �cl�cdul4 �u�initier� ��ur5�a�:nt tca �;��bpar��?��ah ] 4(a1. c!} C)n c�r tae3��rc ,luz�e 15 �3rYr� 3�e�e��ber �5 c�� c3� yca�� us°i�� thc �c��c��:nuv c�� ti�i:� C'o��s�;.��t {7r��r ��+� �:c�z�tit�uiiz� u�i�i� th� inrkxnGi prc�jec:t �7as 1�s��1} c�n7plete�l, Rs:S��er�� lYall ��rc�1•iti� tl��: 1��?t�r-lr71e:3�i ��itl� �3 �t�tus t��;�c�s-t �it��:�arn�ntii�� t��e pi°c��t�:s� b�in� z�� Item # 20 Attachment number 1 Page 7 of 12 I)1:�i' v�. C'1ty' Ot"C;1�.1i�4'ate:r C':ar�sent ()rr��:r �Ci�° Fil� '�c�. 1�J-?�� e �� t��' 12 c�ra t�� ixn�l�t7�e��tatir�t� t�f' tl�� arcaject. C��:��nc�e;rat shal� SuL�nli� thc �t�iu� r�:pot-t� tca tl��. ��e��i-laa�r:�it ��r�u��t tc� �ar��;ra�t�i I� t�ftt�is +Cc�Pa�ent (�s�ci�r. �) I��;�,p�n�ier�� ;k�4�11 �ltic:c� �:p�rc�pri��te :�i�ns c�urin� th� ira�p�c�;tt��ntation c��tk�e �r-cae��ct i�l�icatiz�g ilYat 1�.c��pc�n�ent's in�c�lvc:in�tat with the �r��ct 'rs �17e i-�:s��lt �f' I��;pa�r�rn�n� �n� fc��•��an�nt ��;tic�i��. ��sp��n��.��t rY�ay� r�.rn�v��; the �i�n� aftc:r th� �t°c��je;ct has �e�n �c��n- �lc.ted. I�c�w��er, aft�r thr� �,a°oj�:ct ��as bc.�en e;c�n-��let�.s�, Rcsp�n��nt �h�ll n��i pc,;;� aray si�i�� t tl�e sit� indicatin� t��at thL �A��on fQr the pr�?j�ct wa� ai�ythiri� �att�cr �l��x a Ue- p�rtnicr�t e��fc�rc�ment ��ti�n. If a�p�c�fic �r��ct cica�;s not irrv��I�e ��,h�rsic�l sit�, �I��:�� cr�her �iznilar ty'�ac uf p��t�lic »t�tific;a.tic�� shall �e rec��ir�d. �� T��s�c�n�lent sl�all I'�ri�:�t the r��t tc� avail itsclf �af� t��e: ix�-�ina �aenaliy a�ati�.�n it' �es�r�ndent f�ils t�� tin7el� su��t�it a�iv r��ueste�l anI°c�T�matic�n c�r dc�c�ur�ct�tati�n, faiis t�� Lc��p1�i� it�pd�m�:t�tat;ic��Y ��f �l�e irlµ��n� �ar�jGC;i c�i- c�the;r�.�is� %il� i� ecatz3�al}� t��i�h ar�� a-c�v��i�n tj�'this ��r��aph. °1�t�e �n�ai� bala��c�, c�f tk�e re�n�iinin� p�nalt��, c::�clu�iin� thc �rc�P�at�c� z�rr��unt f'�r a��y c�z-�-��lei�c� iza-kinc� �arc�j��c, ��s sct f�rt1� in ��ra�,ra�h l�3 c�f �t�i� C°��rjs�nl [7rder, sh�li ��; t�ue fr�s�� Rc;s��nc�e��t tr� ihe I7c��z`trn�r�t ��ithin 3(} �ar��; �,f'�ic�ti�c. �} ��ndent �1�� r�c�ti�'�� th�: I)�:pa�-trn�ni +�viil�in �� c�a;�■� ��i' crrr��lc�in�; thc pr��j�c:t ��" th� �ar�aj��t's c�3�x�pl��ic�r� anci r�qu�st a v�;rifi�:ati�a� letter #z��rn t}�� T��p�rtt�ent. ��c�- ��x��icnt �;ha�l s�z�n�it ��rp��c�r-tin� intc��-natic�n ��rif'yin� ��ax tl�c pr�j�,ct �rd�; �nmp��te�� in �a�c�arc�anc� witt� tl�e a��r€�r��ec� �r��p�saJ �r�d c�c�curx��.niatic�a� sh��win� ihe �ctu�l c��1� irz- ��zrrer� tc� r.c�m�a�e#e the }arc�ject. ]F ��n r�:r�riew c�k th� n�t��cati�az� c�f �.c�i7z�letic�q� t}�e I��- �ar�m�;rat ��i:�z�r�ii��5 tlaat tl�e pr�j�ct c��not ta� accepie;�4 s�ue tc� ir��c�m�letcne�� ar �u�i- �tanti�l �i��i��ti��a f�c�m tta� ��rc,r��c� �ar��je�t, ��c�nc�l�nt shall �a� axotiliec� in vvriti�� s-�f the. reasc��i� tliat ��-cver�t ��c�ce�i�nc�: aft�� rn�ect�. l��s�c�il�i�;x1t s�1a1� c�c�rr�ct an� r�cir�� ali r��tters im t��e Ilc:��rtm�:��t�� writt��r ��c�€ic� ar�ci su�at�lit �y c�:rtifiec� ia�ail a z7�� n��ti�z�:,:r_ tic�� af ��3rnpletic�� it11�i� 13 �ia�°� c�I� recui��t ��4 tl��: Qepartz��€:i�t's ��c�tic�. lt �p�a7 re� ie,��, c�1� t��e t�� ul�ia�itt�il tl�c: T_�i:�t�rtn�ent ci�Cer�r�i�� 111at ai��' i��-l:it�� r�ject i� siill inc�yr�t- �l�;t� c�r nt�t "in ac:cc�r�an��: v�`�ti� tl�� rc7��e:s� �i°u�c,�al, ille� ir�-l�inc� p��alt�� aay`P��r�l c�� #ic�a� kvi1C �c �'��rt'eit�d �n� thc ��?r-r�5�nnciin�, ar��ut�t ��f ci��i1 ��n�zlties �1��11 l�� due ��tjrai R��p�r��i��i� tc� the Ilc��ai-tr��z�t e��tl�in �� i�rJs ��f� rr:c� i�i n#` t}xe 1)��a�°tz�lenl'� tic�tic;�:. lZ` t�i�. aci�sal �;��t5 ii�c��t`r�ci in c��ti�� cl�s� ��'r�je�t �t�e: I��:; i}��tz� th� a��rc��ci ��c�ur�t s:,l. Item # 20 Attachment number 1 Page 8 of 12 L)F1' ��. [�ity c�t'Cl��rwat�� C"t�t��;nt [)rcier �� il� ��. 1[�-?��; I'��e7c��'12 ih� an-�ind �r�aje�t, 1��:��n�i�r�t �halt remit c�s�a �rar�n7��t c�f t}�e �arc,rat�c� �iifCerc:i�c� t�-� tihe i��a��ti-r��n� ��°itl�in �� t��; c7f the �rc7j��t compl�tic��. C)th�t•wi:;s�, t��e I�}�partn��1t �l��ll prc��i�ie a lctter tc� ��e��-a�nc�ent ��;kx�a��le�i�in� c�ai��l�iica►a c�ft}�� p�k��e�:t. l�. I�c�pc�z��cA�t ��ree� tc� ��y� th� I}L��imcnt �ti�r�l�►ted penaltics in tt�t� ��n��u��t c�i` $�5f}.[l{� q��.ar ci�r�� ii�r ��cfx at�� v�ry� day R��}�ons��n� f`�il� �' ` '� . ,.:, -, . � . ° � ` � tca tin�e�}� �c��l� u=ith any c��1` th� �Y� �:�uir�m�i�t� caf' �aa�5a�r�ph;� �, �, 11 c�r �'7 a�' tl�is C'��nser�t �rc�er. ��;p�nc��nt �.lsc� ��ree�; �c� pa�� thc L)��artn�e��t sti�ult�t�d pen�zlti�s ir� thc az�iraurat c�i $�,�D(l.(�CJ ��r i��c��3C�x fc�r c:.ac:h ��nc� �very r�ac�nt�7 i��}��d�;i�t 1�ii1� t� n�e�:t th� int�rim lic-rlit tc�r c�i�rr�ir��a�chlc�rc,��ethan� cs�° �i��1- Iaro-brc�rnc�rxa�.th��. t� ��paa-��te �;ti�ulat��i penalty� ��ill b�: �ss��,s�:d �`ca�- eacla r�ris�l�ti�� c�f` lhis �:ans�tlt C)rdcr. The I�c;�aartrr�rent n�aw c�en�ai7d sti�rl�late� �e��aataes �t ��n� tin�� t�lter vic�l�t:ic�rr� cs��ur, R��ac�r�dc�rat �;�a�� p�}= �ti��l��t�:d �a�aa�Iti�s nr�l�d wit��iY� �{� ��y,� �i� the 1)e��ar�n��rit'� i�- sua�ace c�f` �,��ritt�r� dun�s�n�� r �ra��nent, and sh�ll dr� sc� a� furlhcar �i��ribec� in �ara�rap� 1�, F�� ow, �ir�thin� ii� t11i� ��ar��ra�sl� �l�all �r�v�nt the �3�.�a�m�nt f'rcam �1in� suit tr� ��eciiicall�� c;n- �:orc� �nv k�rc�� I�thi:� �)rcier. 1�r�y �ti��late� �uz�alti�:� a�sc��1 �r�Yd�r thi� }�ar��r��h sl��ll L�e� in adc�iii�an t� ih� ci�ril ��en�ltie� ��rec;d tc� i.�� para�r��ah 13 c�l'tliis C3i`de�. R��aa��i�.nt s��I1 a��h� all ��vrnent�. r�q��ir�ci l�y thi� C)r��r ta�� cit�� li��k:, �as}�i�,r's c:ll�c;k, �z• z��cancy c�r�er. I'aym�.r�t in- �trz.rn��nts slaall b� rnar�� s'�hle t� tlx�. "T7e��rtmcr�k �1' Gn�irc�nn��xtal Prc�ce:ctic�t�" arl�i ��al � in- �:lucie �c�i� tk��, �C,[�' rzi��b� r a�;�i��d t� tl�i� C�rder anc� tt�c. r��t�tzc�1� .`��:c��ystcrn I'�1ana�,�s�-rerat a�d Rest�aratic7r� Tt•u:;t �i�zn�. 1 C�. ��ce��at �� cgilieru�°i�� r��vi�ie�i, �11 s��L�rrlittals �nc� ��y�z�ents r�q�rirer� �y th�s Cc3aa- �enz �)r�i:r �,h�lE l�c ��:��t to Mr. ,los�ph �c�uitier•a. E=�rz��ircanr�i�:nt�1 I�iana�,�ar, X��tnes�ic Vv`,�ste�i��t�r `�ccticr��> I)e�a��cz�t c�f En`rir��.z��ei�tal C'r�tccti��n, 5��it��,�est Di�trict �iiice, ��}5 ] Ncn-t� °I`c;l�� c�� Parl�ww��. 'I'�,»�pl� '[ err��c, Flc�ricia, �i3� f 7-CJ�i�(a. 1?. ��p�Y�c�ertt ��all �ll�j�� all a�th��i�e�l re�r��:titati�u�.s ��t t��: L)��1-tN7�c��Yt t�cu�:�� t�� thc I�ac:ility' zi�.�� tl�� F��-c,��r�y at r�.a�c�rzak�l� �in��s i`c>r th� ��ar�ac��; c�t determir�ir�� c?ia��li��t7ce r��ft�� thc t�rt�'� t�i't��i� Cc�z�sent ()r�icr an�i th� rule:� :�nci �;tr�t�rtc4 ��ini»i:�t�rc:ri by tl�e l�e��rtm�i�t. 1�. Tlt� 1]��.-��r-tr��n�, fc7r ��t��i ii7 �r,��d�rati�� [�f�t�tc cc�rT��iG,t� an� ti�Y�ciy' ��:r`f��rn�a�7ee l�y� l��pc�n��r�t ��t' all t}�e c7k�li��,ii��s ��z-ee� �c� in thi� C,c�n�eni (3rd��°, her��e� c�~�r�c�itic��ll�� w'�ii��c�s it� ri�;ltt ic� sr:�k j��ici�l ira��3�iti�j�� ii� ��;.�at��e�; c�r uivil ��:r��ltie� �t�r tl�e �i��l��tit��Y� �ic:- Item # 20 Attachment number 1 Page 9 of 12 T)�.P ��. �`'it�° t�f`(.'le��rl�=aie::r �:c�r��s�,i�t (��°c��z� (_)+�,�C' Fii� �(�. 10-�C��s T'��e f� +ai� � ? :�cribe�� a��ve tlarc��t�h tl�e ci�te r�f' filin�; �-�f t�is Gc�z�sc�nt C�rc�e;r 1nr i��L �:ff�u�nt c�u�lity ��c�.�d- ��c�s �cl�r��c� i�r tk�is C'c�n�cnt C7rci��- �r a�c�re;ss�� in th� L7cp��m��rt l�tt�.r, d�te:d Jul�� l�, �Q1i�, in�pcctior� rL��cart�, c3r DMR� �;�r��.r�tec� it�rou�;h the ciat� c�f filin�; c�f" �he (�c��z�ent (]r�icr, `�`l�i� w�iv�.�° i� cc�r��iiti�?n�� u�r�ri Rcspan�eni's c�r��l�te cc�i�lpliaz��e with a�l �f` th� ter�r�s ��1'tl�i� C�c��n- sGnt (�r�ieg•. 1`t1c�t��ithstaa�c.ii��, R��t's failu��: tr� �rc��er°ly+ �iu��t t�r ��rrc��riat:� Cuncia �rill ��t 4�c:t tc, a-eli�� c�r �xcu�� s��nc��i�i i�r t�� €��-�er�'c�rYx��nc:� ��i' its c�l��i�ati�rn� l�ur��ui��a°. 19. lf' aF�y� �:v�nt, ii�c��udira� ar��nini��rdciare �r j�tdicia� ��ll�rz�;es by t3�ir� �art.z�s uzarc- ]G�t�d tc� Ftcs��d�:�t, cac:cui�s'v+rhieh �ause:s d�lay ��r �k��. r��€:�na�le likc:lil��a�7� c�f d�la�° in e�n�plv- i�i� �ith tl7c: r�c�t��r'�zn�;nt� c�f ihis C��n��nt �rd�r, �2�s�c�rlc��nt �hal1 l��ye, �he l��ird�n c�f pa`c��ir1� th� �i�1ay� �,��s �� w�ill h� �:��sc��i by° circun�:�ta�ees kae4J�nr� th� reas�na�rl� cr.�ntr�al �f I�c:spc�ndent �nd cc�ulci nc�t iaav� h��.z� �r c�i�t�c�t t�� c�rrirc��r�. �}' i��:��n��nt's due dil��c�. N�i�la�;r ec�n�i�- i� �;it-��►tax:�ta��:� nt�r the failt��t� �1 a cc�ntract�r, ��t��i�ntract�r, �rr�terialn�ali, ca�� tl��r <��;r:r�t (cc�1- l�r;ti��r.l� r��'�.�rr�;� lc� a� "c:csntrac�tc�z°',} tc� wh��na r�::�pc�i��ibility� f�ar �,erfnrn��z�� i� �ele�;aled to tneet �t��7t.r�ct�iall� i��apc�sed ��acitir�es sha�l �c �;cji��ic#�r��3 cii•eu�nstar�c�� l�cy'c��i ih�: cc�ntrc�i af ��- l�c�ndent (�anl�s:� t1�e ��u:�e c�f'thc: c:�ntx�ctc�r`s la�e �ert�n��r�ce w°a� als� bey�ntl the c�ntaract�r's c;�nir�l�. �.l��s1 ��cc;uz•r�� 1' a�� cv�:nt ��i�ii�� c��1��, ��a° ��rl b�.cc��nin� aei�ar� ��f� a l�cai�.ntial f�r c��la�P, ��pc��cie r�t �hall r��ii#v ttae ��e�artintnt k�y° tl��e n�xt w�r�.in�, cia`� anci sh�ll, � ztl�in su�a�n �al�r�dar ciay�� c�ii�`� the T}e�artr��nk in wa-itin� t�f` a) th� antici�atec� l�n�th ��c.j �a�.��c c�ftli� �el�r�, b) t��e ��n��sur�� iak�n �r tc� ��. tak�:� tca �rr�vent �ar n�in�:a�at� thc c�c:lay-, a��c� �:} tt�c tin��t�bl�: l�y v�ihic�t R.��an�xd�n� i��ta;�� tr� in�p��:n�er�t t}xcs�. m�,�sur�:;. �f� l�ie p�rties c:ax� a�re:e tl�� t�� iel�� c�r ��t�c��t�d d�;l�y h��:; be�n c�� ill �ae �:au��;ci �yr c�ir°�uzT��- ta��ces ��c� tl�e r��►��il� �or�tr��l c��`Re��ac��Yr�eiYt, th�; tiir�� fc�r p�rfc�rnlai�c�, hereL��c.r �hall h� ex�ea�c��.ci. 'l ix� a�r�:ein�:iYl tc� ext�a�d e.�n��rli��i�e iit:u�t i��z�tify tk�c� ��r��•i�i��n c-�r ��ra,vi�ia��s �,�- t��7�le�i, i1�� r��:4� cc�i��liai-�4e d�t� c�r �iate�, an�i tI-�G �.c�di�ic�w��l t��G��ta.r��s F�es�,c�r�c��:nt i��u:�t ta��.� t�7 s�4r�ic� c�r ��ir�ir��i�c iP1� �1�;L�y�, if ��,. �iailu�� 1' I�es�i�nc��:a�t t� �;c��1�� vit}� tl�c r�c�?ic:e r�c�x�ire- ��:a�t:� ��f thi� ��r��r��ph iz� a tim�.�y rn�s-it��r �:a��litut�:� � 4��aiv�.r t�4' Tte��-�c�nc��:i-�t'� �'i�k�kt [�a t°�c�tz�si �11 �,:�l.1:�1,i1011 17�1dI�`lf� �L�I` CC)31I�7�lr.�Tl�;t�: �0�' I:�1[)�i� f`1I`�L1I1"14��17Ct;;�. ?C1. `I�l�i� C`c�il��nt [}rci�r i� a s�ttler�iLr�t c�f� ti�� :partn��t'� c:i�•�l ai�� ic3ininist�°�ti�c: s��Kt��c�t�it� ��i;;ig�� anc�ez I° lc�z°icl� I�� it� z-�:�c�l��e t%e ��atte�'� a�4�� ss�;�� he rein. `Thi� C"`,��nt C}t�dct' Item # 20 Attachment number 1 Page 10 of 12 I�E;�' w�:�. C"rt�-��FC'l�;ar��ai�r �"r�nser�� rcic:r C�CzC: Filu i'��. � [�-�Ci�� a�e '9 t�t � 1 a� nc�t � s�.ttle�7�nt c�f any �r�r��inG�l lis��ilitie� w��7ich n�ay arisc un��r k�lc�rid� 1��, n��r i� it � setM tlerzacz�t �7f �nv vi��lati��n 4�°]aic�i rr��y ��e �rc��z��;d �riir�ira�Ily ��r �.ivilly under fe�ler�1 1��. �:�ntrv c�f this (��rY;��nt [)r��t° c��cs ��c�t r�:lievc:: Rc��pc�nd�r�t �rf't�rc nced tc� c�ir��ly� r�fii� ap�lie��ie �ec�er�l. �tat�:, �r i�c�l 1��,��, rul��, �r ��rc�in��ia��s. ?�. ".l"h� I3�p�z�tz��ent ��i�.r�k�y expr��Iv r�serves the r��ht tca i��rii�te �pprr�priat� I�g�� a�tic�r� t� addr�5� �nv vi��taa��s af st�f��ts:s e�r r��a�� a�minister�d b�� the I3�p�r•�m�nt tl�at are ��}� sp��ifi�all�r res�al�,i�;d b�, this �.cac�s�:��t C)rc�er•. �?. I�c;�pande�t i� kuLl�• r��w�are tl�at � wir�l�tic�� f tEie ��r�73s �f tt�is C:�n��nt [�rc�er an3y �u��jt�c:t F�e��a�nci�.nt tc� �ueti�;i�l im�ositi��n ��1" d��t��, c;ivil ��n�liic�s t�p tc� �1C�,�1�10.��"� per' day. p�t- vic7la�i��n, �n� crirr�inal �aer��lties. �3. ��sp�t�d��zt acl�.nca�w l�r�� an� �:°aia�� its ra�ht tc� a1� adt��ini�tr�ii�e t�e�ri��; �urw su��t tc� �a��t�c�ns �?Q.;�S� t�r�� 1?p.�'�5 �',`�., c�n ti�e t�.rx�ts c�f'tl�i� Cc�ns�nt (�r�ic�r. F��sperr�t��nt als� �c�nc�e�l�� and �T�ivc� �ts ri�ht tc� ap�acal t�ie ��.rrns �1" thi� �'��r�,sea�t ��rc��r �ursuar�t 143 ��:tian � �i1.G�, F�.�. ��. N�a nir�di�cati�an� c�f' t��e t��rn� c�i' �t�i�; C c�n��,mt C�rc�er will b� ei'Feetive ur�lit r�u- du��d ir� writat��;, �:,�ec.u�� i�y �c�-�th l2e:�pt3nc��rit �n�i tl��; L�e}�arti-�7�nt, at�d �ile� ruith the s�l�r�: ��` t��: T�e�artmcnt. 2�. "I`h� icrr��; ar�d c.��iti�c�s �Gt �c�rth in this C'�ra�c�nt (7rc��:r xn�� tx; enfarced �z1 �, c;��rt �af �om�et�z�t jui°isdicti�n �ti�r�uant t�� `��.cti�r�s 1'�().�� ax7c� 4(.i�.I21, 1�.5. I°ail�.ire t�a cc�r�-�ply� �•itl� th� tc rm� �I" this C�an��n:t C)rc�er c�n:�tit�.�t.e� a vir�latic�� c7f �i�c:ticryn 4[�3. �t ��(�}(l�}, �', �;. �C. This �c�aas�,r�t �rcier is � tinai c�rc��r ��i` t�i� I]��a��ment �aursuar�k tc� �;��ti��n 1?C�.S?(�), �=.�;., ��ac� it is ��aI anc� ef"f��.tivc �� th�: �at� fil�c� r�;�itkx �he C,lerk r�1� t}��; I�]��rir��ent. �i�71�� '�;,tiYi��n 1r�r A.d��ii�a�tr�ti�rc H��rit��; is Iil�d in ��GC�rdazace u'ith �C�l��ater 1�0, �'.�. [.J��tsr� thc tit�l�l�y' tili�� c�f a��:titic�n, ll��s C'c�nsent +��r�er �ill ��t �� f��:�ti�� ur�til iurlli�r c�rc�er �nf` tlae L)c j�� rn�nt. �7, R�;;�ca�1d��7t s��all puk��i�l� t�a� fcallc�r.��in� r�c�tic� in �� w��-�aper ti�f c�aily c:ircul�ati4�a� in 1'i��llas 4�:��tv, ��ori�a. Th� n�tic,c s�1��i ]�� ,ti�lr;l�c� c�t7c tirx��: �rily vai�h�n 1� �av:� �f tlx� cfl�:�ti�r�. c��k� �ri`t�� C:.�ar�s��tt C�r�er. R�.;;��c�nc�er7t :;��11 ��r�c�vi�ie �� c�i-tifie� cc��:�� t�� t��c �a��l�li�l��c� nc�tic��. tn t�l�: C�e�art��nt wi�hin 1{7 �a�'s c7f r��rhliGs�tic�ca, Item # 20 Attachment number 1 Page 11 of 12 C]E;P ��4. �"itv ��:l��r�=�ter C"�t��t Ui'��:r �(��. F'il� 1�u. 1C]-�C"�f� i �� 1 {} �i' I 1 `�T��T�' �)�� F:LC.�J�IT.�1� lii F'aLT��I�M1sNT �7�_��N�r1�C)i�ii��N I��L I'R(_)T�C'`�,1t7N N(�`�'IC"E C)1� C'{�`�lS1:;�T C)�.I�EF� m.... �� T'�� 7��ar�cn�nt c�f �=�nr�irc�nn�er7t�] I'rc�t�cti�n {"I��r�k��aent") �;ive� nt�#icc �1` a��nc�� a.c� �ir�r� c�f enic;ri�� intc� a+��c�nsent C)�°��- ��ith Che f:'ii�v c�#' C,learwat�r �a�rr�uant te� �cctic�ra 12�7.;�7(�}, Flc�ric�a Statut�s. T��; Cc�nse��t C7�w�er ��dr�s�es �x�eec��nccs c�f ��a�tei� ��ualit°�� stian�arc�s i�� th� �f (Xa�e��t d�sclY��r�� tc� �S�even�c�n C.�r�e[c ar�c� ��r��ater Ilarb�ar• trc�� tl�c C:']e��rwater Mar�hall �tr��t Advan�cr� Wa�tewai�r Trc�atrnent �jacili�w= lacatec� �t 1(�(3� E�l�r�or• [�rivc:.r C�le:��,�at�z-, P1- ��a�llas C'�unt��, �'N�-�ri�a, 33i5�. �'h� Cc�t��:r�� C7rc��r is ati�ailable [ar ��a�1i� inspe�ti�� dxzrin� ra�r- ��r��l bu�in�.ss ht�ur�, �:Ot� a.�ra. �c� S:[�Cl �.m., �c�ri��' tJlrt�u�k� I%ri��y, exc;ek�t l��;al }��lidav�. a[ th� �.��partz��eni c�f` f;:nvir�ai�r��t�tal Pra�tecti��z, �c�ut��w�st TJi�trict ��cc, 13051 :�ic�rtk� "T��l��c�n� �'�rk�vav°, +["cm�l� "[`erra�:�;, ��l�rici�, 3��i3i�-{)��i. I'�rs�� w�� are rzot parti�� t�� illis C`crn�ejat C�rc��r, k�ut r��ha�e su��tantia] int�rc.�t� ar� a�= f�c:tcs� l�v` it, ka��e a ri��t #� ��titic�n �'c�r a�� ac�n�i�l��tr�titi�� l��ring unc�er scctic�raa 1��.5��1 �i�d l��.S�, ��lc�ri�a �t�tut�:.�. �3e��us� tl�e �d�tiazistrativc hearin� �rc�c�.s� is desi�;neci tcr forn7�z]�C� �z�� a��ncy� �c:tin��, tl�� t�l�n� t�f ��etitic�x� �c�n�err�i�� this Cc�n��nt CC�r��:r tneai�� t��t t��e I)e�ar#ax-teni's �nal a�tz�� n�y lae �i�1e�-erat �i•�rn tl�� I�c�:;itic�n it h�;� ta%�n in t�e Cc�n��nt C3rd��-. �l'�c� p�titi�n �c�r �drr�ir�i�tr�tivc; F��rin� rnu.st cc��tain all ��'th� #°c�llc��ir�� znt"c�r-rn�ii��i: a.} Th� C)�:rC' T'tiui7�k��r a��i�t�ud t�� tl�i� C:��t3scraf C)�•tl�:r; �� `I"��c narn�., acic�re��, anci �ele�l-�c�rYe nurr�bez- caf �:�ih �etiti�ner; tl�c c��n�e, �c��r��, �r�d tc:le�hc�n� ��k��r c�f tl�e pet�iicai��;r`;; r��rr�:;;entatir��e, i�`an�, which shall be th� �ds��'es;� fi�a° s�r��ic� p��r�a�e:� c�urin� �h� ��.a�•s�. �f t}�e ��ro�ec�c�in�; �} 1�ri �x�lanati�an �.�i�hc�a�� t�� }�c:ti�i��r's �L�bst�ilti�l izrtere:st� ��ill �ac �i�ect�d �i�' ih�. C'�ns�n! �r�i�i�; � d) 11 stateme�nt �f' e��hei� an� h�w th� p�titic��ea- i•ecci�i��i �ac�tic� c�ith� �c�n�cni [7r��r: �} �ith�;r a siat��n�J�t c�f° ail ��t�ri�] f�ct� �is�ut�d �y �h�: �r�titi�n�r c�r a stat�mcz�[ th�t th� ��,titi�r�cr c�oes n�t dis�ute ��y €�7at�.ri��1 f�ct�; �j t�, st�t�i7�ent �af' th�: sp��i�"ic i�ct�; t}�e ��etitianer c�nienc�s warr�nt rey�t�sal c�r r��c�dila�:ati�n c�� t�i� C�ar��ei�t �rcier; �} � st�te:��en� c�t� tl-�c rul�.s c�r �t�tutes th� petiti�ner �.�aratcn�s requir� r�;v�rs�l ��r �zic�c�if��;�tic��a �rf'the �'c��se�t t7rd�:r; an� ��i) �4 st�at��ent c�f the relie#` sc��i�ht ��y th� ��;titi�c��r, statin� ��.��i��ly the acti�n �etiiir�ner wishe� tk�� ]l�e�a�rt��ent tr� t�ke ��itl� i�es�a�:c:t t�� th� C'�rn��nt [7rder. `I}�� p��i�ic�� :;� �Se i:iie� {rcceir�eti} �� t�7�: �7�;��ta-tn�er�t'� i�f�ice �fGen�r��l C'�t��a��l, �9f_lt� ��nr�m�i��wca�c}� 13c��Xl��°:�r�i, MS�� i5, "1'all�h��wce. ��caric�� :��'�-3�f]i� witlzin ?l c�aTy4 c�� rec.�i�t ��f`t�ii� �i��ic�.. � c�apy c��t:�ae pctitic�� f��r�;t alsc� l�� t��ile� al t1�e ti�rr� crf filii��; tc� ihe �;c��tl�wc�t I�iStriLi (7��ce �:� i��51 Nc7rth'IAcl��c��7� F�r-�:i��a�+, 1'e��ple ll�r�a�e, F�lc�r�c�a, 3��`�-��`��. l�ailur�. tca �'ilc ��aetiti�ri witl�ir� tl�� 1-c�a�� 7cri�r� �c�r��titi�te�; a per5t,n's �r��i��er c�t tt�e ri�}xt tc� re��.�c::�t az� ��c�n�i►7i�tratir�� %�arix��; �z�c.� t�? ��rti�ip�t� a� a�rart�� t�� this proi;� �dir7� u�ad�r sec�i�ns 1�0.5�� aa�� 1��}.�°�, �'l��rid� �;tatuic�. I��f:c�r� th� ci�adlii�e ft�r tilrn�; ��titic�r�, ��Ser;;��sa wltica�c �u��tar�ti�l in- tei-�5is are ��l'f�c.te�� y t��is Cc�n�,�r�t �rdur i�z��° �hc��;� t« ��ar5u� r�e�ii�tic�z� as ��tl altema�i�� re� r�ieciy u��er ��utic�i7 12(�1�i3, F�cari�� Stat�rte�. C�lzc�c�sir�s� N�c��;c�i��ic�� will i�c�t ac��er�sely a#�ect ��1c�� ?c:r�;��n'� ri�}7� tc� reWu��t afl� �c��i�a�str��titi�� 1�;��rir�i� �l� r��c�i�tic�r� �ioes iYC�t result ir� a�ettl�rn.eni, �"��ic�iti�n��l iraf�t-n��tac�� a�it�t�t i��ec�iatio�� is �f�ca�ri�e�c� ir� �eeti��r� 1�(7.573, f�l�ri�a �tatute�; ;�nd I��ils�: f��'-11 �l. � C1t"�(1 ?}, � �c�ri�t3 El�i�x�'ra�i�tr��ti�� Cryc7c��, Item # 20 Attachment number 1 Page 12 of 12 I��JF� 4�;�. ��t�• ��t`Crl��r��t�.�• �:��sc�zit C)rci�r [7C�C. 1�"ile h�c�. 1 Q�-�G� � 1'a�;e: 1 l c�f 1 l ��. ��ul�:; re��ren�:eci ir� tli�s Ccs��nt C�r�e�r arc avazla�le t�t: h�'/��u�u �.�tatc�fl.u�lie�ul��F�ul�.5frulcI�st��z��l��r��, � F'():F� '.0 I�k� R� �P[)I��IJ�1N'1": �ir'��n.k V. H:ibk�a�d �id��=nr Citi' �sf C,l�:ar��=ater �� ()N� ,�.�I� C7T�I3��.�I� ihi� _�. �_ �1�� s��' � � �, � �.,p�'t. �[� � �, in l Za�l:�hc�rc�u�h +� c�u��t�, ]-`in��ida. �..�.�.1",�; C3�� rl:.��I)A. D��l'��TM�'�'�l°1� �F 1�N'VII�tJNMI;N"TA�.r 1'��'J 1"��:C;"I.iC};�1 i]�k�c�a`��a �. �i�;ta�ff ��i�tri�:t N�irc�tf�r �i��.tth��e�t L7i�t.ri�i ��al�d, �a,� thi� �at�, pursu�a�t tc� sect�c�r� 1�(�.5�, F.�,, ��•ith tl�� d�si�r�ated T�e;,��trtt��erxt C:I�r�C, r�- c.cipt csf` which i� h�re[�y �c:�,��w��,��, C°' I erk C;��s f'�urrz�is��e� t�a: f.�t� C�r�rzc��19, .��r�c�yr Clcr•k, Il�ail Stati�� 5 [J�lc Item # 20 Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 2 Page 1 of 1 CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Clerk Item # 20 Attachment number 3 Page 1 of 12 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIlZONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION ) ) vs. ) ) CITY OF CLEARWATER ) ) IN THE OFFICE OF THE SOUTHWEST DISTRICT OGC FILE NO. 10-2683 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environ- mental Protection ("Department") and City of Clearwater ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes ("F. S."), and the rules promulgated and authorized in Title 62, Florida Administrative Code ("F.A.C."). The Department has jurisdiction over the mat- ters addressed in this Consent Order. I� 3 Respondent is a person within the meaning of Section 403.031(5), F.S. Respondent is the owner and is responsible for the operation of the Clearwater Marshall Street Advanced Wastewater Treatment Facility, a 10.00 MGD wastewater treatment facility with reclaimed water sent to the Clearwater Master Reuse System ("R001") and dechlo- rinated effluent discharged to Stevenson Creek, thence to Clearwater Harbor ("D001"), collec- tively known as "Facility." The Facility is located at 1605 Harbor Drive, Clearwater, Pinellas County, Florida, 33755-1824. Respondent operates the Facility under Department Permit No. FL0021857, which will expire October 12, 20ll ("Permit"). The Permit constitutes authoriza- tion to discharge to waters of the State under the National Pollution Discharge Elimination Sys- tem. 4. Stevenson Creek, a tributary to Clearwater Harbor, is classified as a Class III ma- rine water of the State, pursuant to Rule 62-302.400(10), F.A.C. Clearwater Harbor is classified as a Class III marine water body, an Outstanding Florida Water, and an Aquatic Preserve, as es- Item # 20 Attachment number 3 Page 2 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 2 of 12 tablished by Chapter 72-663, Laws of Florida, and Rules 62-302.700(9)(b)25 and 62- 302.700(9)(h)32, F.A.C. Discharges of domestic wastewater to Stevenson Creek, and subse- quently Clearwater Harbor, are governed by Section 403.086, F.S. 5. The Department finds that, from a review of the Discharge Monitoring Reports ("DMRs") submitted by Respondent for the Facility for the period of September 2009 through May 2010, the following violations occurred: a) The dibromo-chloromethane annual average limit of 46.0 µg/L was exceeded each month from September 2009 through May 2010. Subsequently, the annual average limit was also exceeded in June and July 2010. b) The dichloro-bromomethane annual average limit of 24.0 µ g/L was exceeded in May 2010. Subsequently, the annual average limit was also exceeded in June and July 2010. 6. The Department's findings in paragraph 5 constitute violations of Chapter 403, F.S., and Rules 62-302.530(35)(b)2. and 62-302.530(35)(b)5., F.A.C. Having reached a resolution of the matter, Respondent and the Department mutually agree and it is ORDERED: 7. By December 31, 2013, and thereafter, Respondent shall operate in compliance with the Permit limit for dibromo-chloromethane, by reducing the sources of dibromo- chloromethane, by treating to reduce dibromo-chloromethane so that the Facility's effluent com- plies with the Permit limit for dibromo-chloromethane. Respondent shall take whatever correc- tive actions are necessary to meet the limit for dibromo-chloromethane in the Facility's effluent. However, if a permit revision or additional Department permit is required for the corrective ac- tions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. Respondent shall submit the appropriate information, applications, pertinent data, and responses to Department requests for additional information and comply with the Permit limit for dibromo-chloromethane by December 31, 2013. 8. Beginning the first full month after the effective date of this Consent Order and lasting through December 31, 2013, the interim limit for dibromo-chloromethane for effluent discharged to surface waters from the Facility shall be 60.0 µg/L as an annual average. The Inte- rim Discharge Monitoring Report, incorporated herein as Attachment I, shall be used for report- Item # 20 Attachment number 3 Page 3 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 3 of 12 ing the interim limit value. This interim limit does not act as a State of Florida Department of Environmental Protection wastewater permit effluent limitation or modified permit limitation, nor does it authorize or otherwise justify a violation of the Florida Air and Water Pollution Con- trol Act, Part I, Chapter 403, F.S., during the pendency of this Consent Order. In accordance with the Permit, the Interim DMR shall be mailed or hand delivered to the Department of Envi- ronmental Protection once each month and must be received by the Department no later than the 28th day following the end of the reporting period (e.g., the August report would be due not later than September 28th). In addition to submitting the DMRs to the Department in accordance with the Permit, during the pendency of this Consent Order, Respondent shall submit copies of the DMRs to the Southwest District of the Department, pursuant to paragraph 16 of this Consent Or- der. 9. By December 31, 2013, and thereafter, Respondent shall operate in compliance with the Permit limit by reducing the sources of dichloro-bromomethane, by treating to reduce dichloro-bromomethane so that the Facility's effluent complies with the Permit limit for dichlo- ro-bromomethane. Respondent shall take whatever corrective actions are necessary to meet the limit for dichloro-bromomethane in the Facility's effluent. However, if a Permit revision or ad- ditional Department permit is required for the corrective actions, Respondent must obtain the Permit revision or Department permit prior to placing the modifications into operation. Respon- dent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information to comply with the Permit limit for dichloro-bromomethane by December 31, 2013, and thereafter. 10. Upon the first month after the effective date of this Consent Order and lasting through December 31, 2013, the interim limit for dichloro-bromomethane for effluent discharged to surface waters from the Facility shall be 35.0 µg/L as an annual average. The Interim Dis- charge Monitoring Report, incorporated herein as Attachment I, shall be used for reporting the interim limit value. This interim limit does not act as a State of Florida Department of Environ- mental Protection wastewater Permit effluent limitation or modified Permit limitation, nor does it authorize or otherwise justify a violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, F.S., during the pendency of this Consent Order. The Interim DMR shall be mailed or hand delivered to the Department of Environmental Protection once each month and Item # 20 Attachment number 3 Page 4 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 4 of 12 must be received by the Department no later than the 28th day following the end of the reporting period (e.g., the August report would be due not later than September 28th). In addition to sub- mitting the DMRs to the Department in accordance with the Permit, during the pendency of this Consent Order, Respondent shall submit copies of the DMRs to the Southwest District of the Department, pursuant to paragraph 16 of this Consent Order. 11. On or before June 15 and December 15 of each year during the pendency of this Consent Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department a written report containing information about the status and progress of projects being completed under this Consent Order, information about compliance or noncom- pliance with the applicable requirements of this Consent Order, including construction require- ments and effluent limitations, and any reasons for noncompliance. These reports shall also in- clude a projection of the work Respondent will perform pursuant to this Consent Order during the 12-month period which will follow the report. Respondent shall submit the reports to the Department pursuant to paragraph 16 of this Consent Order. 12. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by paragraphs 7, 9 and 11 by December 31, 2013 and be in full compliance with Chapter 62-302, F.A.C., regardless of any intervening events or alternative time frames imposed in this Consent Order 13. Within 60 days of the effective date of this Consent Order, Respondent shall pay the Department $42,940.00 in settlement of the regulatory matters addressed in this Consent Or- der. This amount includes $41,940.00 for civil penalties and $1,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and track- ing of this Consent Order. The civil penalties are apportioned as follows: $31,770.00 for viola- tion of Rule 62-302.530(35)(b)2., F.A.C., and $10,170.00 for violation of Rule 62- 302.530(35)(b)5., F.A.C. For the purposes of settlement, the Department is not assessing civil penalties for those violations that occurred from August 2010 through the date of filing of this Consent Order. 14. In lieu of making full cash payment of the civil penalties set forth in paragraph 13, Respondent may, with prior approval of the Department, implement one or more in-kind penalty projects for $31,455.00 of the settlement amount. An in-kind penalty project must be an envi- Item # 20 Attachment number 3 Page 5 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 5 of 12 ronmental enhancement, environmental education, environmental restoration or a capital facility improvement project. The Department may also consider the donation of environmentally sensi- tive land. The total value of the in-kind penalty project shall be at least one and a half times the amount of the civil penalty that is being used for an in-kind project, which in this case, is the equivalent of at least $47,183.00. In the event Respondent elects this option, it must so notify the Department in writing within 30 days of the effective date of this Consent Order. Additional- ly, Respondent shall remit the $11,485.00 in penalties and Department costs not subject to offset by an in-kind penalty project within 60 days of the effective date of this Consent Order. If Res- pondent elects to implement an in-kind penalty project, Respondent shall comply with the fol- lowing procedures and time frames: a) Within 90 days of the effective date of this Consent Order, Respondent shall sub- mit to the Department one or more proposals for consideration as in-kind projects. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the expected costs to be incurred to complete the project. These costs shall not include those costs incurred in developing the proposal or obtaining approval from the Department. The project must be approved by the Department to qualify as an in-kind project. b) If the Department does not approve the in-kind project, Respondent may cor- rect/redress the deficiencies or may submit an alternative project proposal within 30 days of notification that the project is not approved. If the in-kind project is not approved within 150 days of the effective date of this Consent Order, Respondent shall make pay- ment of the remaining civil penalties as set forth in paragraph 13 of this Consent Order within 30 days of written notice from the Department. c) Respondent shall complete the in-kind project within 365 days of Department ap- proval or in accordance with the approved schedule submitted pursuant to subparagraph 14(a). d) On or before June 15 and December 15 of each year during the pendency of this Consent Order and continuing until the in-kind project has been completed, Respondent shall provide the Department with a status report documenting the progress being made Item # 20 Attachment number 3 Page 6 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 6 of 12 on the implementation of the project. Respondent shall submit the status reports to the Department pursuant to paragraph 16 of this Consent Order. e) Respondent shall place appropriate signs during the implementation of the project indicating that Respondent's involvement with the project is the result of Department en- forcement actions. Respondent may remove the signs after the project has been com- pleted. However, after the project has been completed, Respondent shall not post any signs at the site indicating that the reason for the project was anything other than a De- partment enforcement action. If a specific project does not involve a physical site, then other similar type of public notification shall be required. � Respondent shall forfeit the right to avail itself of the in-kind penalty option if Respondent fails to timely submit any requested information or documentation, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph. The unpaid balance of the remaining penalty, excluding the prorated amount for any completed in-kind project, as set forth in paragraph 13 of this Consent Order, shall be due from Respondent to the Department within 30 days of notice. g) Respondent shall notify the Department within 30 days of completing the project of the project's completion and request a verification letter from the Department. Res- pondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs in- curred to complete the project. If upon review of the notification of completion the De- partment determines that the project cannot be accepted due to incompleteness or sub- stantial deviation from the approved project, Respondent shall be notified in writing of the reasons that prevent acceptance of the projects. Respondent shall correct and redress all matters in the Department's written notice and submit by certified mail a new notifica- tion of completion within 15 days of receipt of the Department's notice. If upon review of the new submittal the Department determines that any in-kind project is still incom- plete or not in accordance with the approved proposal, the in-kind penalty payment op- tion will be forfeited and the corresponding amount of civil penalties shall be due from Respondent to the Department within 30 days of receipt of the Department's notice. If the actual costs incurred in completing the project are less than the approved amount of Item # 20 Attachment number 3 Page 7 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 7 of 12 the in-kind project, Respondent shall remit cash payment of the prorated difference to the Department within 30 days of the project completion. Otherwise, the Department shall provide a letter to Respondent acknowledging completion of the project. 15. Respondent agrees to pay the Department stipulated penalties in the amount of $250.00 per day for each and every day Respondent fails to timely comply with any of the re- quirements of paragraphs 7, 9, 11 or 27 of this Consent Order. Respondent also agrees to pay the Department stipulated penalties in the amount of $2,500.00 per month for each and every month Respondent fails to meet the interim limit for dibromo-chloromethane or dichloro- bromomethane. A separate stipulated penalty will be assessed for each violation of this Consent Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as further described in paragraph 16, below. Noth- ing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 13 of this Order. Respondent shall make all pay- ments required by this Order by city check, cashier's check, or money order. Payment instru- ments shall be made payable to the "Department of Environmental Protection" and shall include both the OGC number assigned to this Order and the notation "Ecosystem Management and Res- toration Trust Fund. 16. Except as otherwise provided, all submittals and payments required by this Con- sent Order shall be sent to Mr. Joseph Squitieri, Environmental Manager, Domestic Wastewater Section, Department of Environmental Protection, Southwest District Office, 13051 North Tele- com Parkway, Temple Terrace, Florida, 33637-0926. 17. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes administered by the Department. 18. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Consent Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations de- scribed above through the date of filing of this Consent Order for the effluent quality exceed- Item # 20 Attachment number 3 Page 8 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 8 of 12 ances addressed in this Consent Order or addressed in the Department letter, dated July 14, 2010, inspection reports, or DMRs generated through the date of filing of the Consent Order. This waiver is conditioned upon Respondent's complete compliance with all of the terms of this Con- sent Order. Notwithstanding Respondent's failure to properly budget or appropriate funds will not act to relieve or excuse Respondent for the non-performance of its obligations hereunder. 19. If any event, including administrative or judicial challenges by third parties unre- lated to Respondent, occurs which causes delay or the reasonable likelihood of delay in comply- ing with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither econom- ic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (col- lectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Res- pondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of a) the anticipated length and cause of the delay, b) the measures taken or to be taken to prevent or minimize the delay, and c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circums- tances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions ex- tended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice require- ments of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 20. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a set- Item # 20 Attachment number 3 Page 9 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 9 of 12 tlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state, or locallaws, rules, or ordinances. 21. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Consent Order. 22. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 23. Respondent acknowledges and waives its right to an administrative hearing pur- suant to Sections 120.569 and 120.57, F.S., on the terms of this Consent Order. Respondent also acknowledges and waives its right to appeal the terms of this Consent Order pursuant to Section 120.68, F.S. 24. No modifications of the terms of this Consent Order will be effective until re- duced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 25. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Consent Order constitutes a violation of Section 403.161(1)(b), F.S. 26. This Consent Order is a final order of the Department pursuant to Section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department. 27. Respondent shall publish the following notice in a newspaper of daily circulation in Pinellas County, Florida. The notice shall be published one time only within 15 days of the effective date of the Consent Order. Respondent shall provide a certified copy of the published notice to the Department within 10 days of publication. Item # 20 Attachment number 3 Page 10 of 12 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 10 of 12 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection ("Department") gives notice of agency ac- tion of entering into a Consent Order with the City of Clearwater pursuant to Section 120.57(4), Florida Statutes. The Consent Order addresses exceedences of water quality standards in the ef- fluent discharged to Stevenson Creek and Clearwater Harbor from the Clearwater Marshall Street Advanced Wastewater Treatment Facility located at 1605 Harbor Drive, Clearwater, Pi- nellas County, Florida, 33755. The Consent Order is available for public inspection during nor- ma1 business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Southwest District Office, 13051 North Telecom Parkway, Temple Terrace, Florida, 33637-0926. Persons who are not parties to this Consent Order, but whose substantial interests are af- fected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department's final action may be different from the position it has taken in the Consent Order. The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Consent Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; d) A statement of when and how the petitioner received notice of the Consent Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; � A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Consent Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the Southwest District Office at 13051 North Telecom Parkway, Temple Terrace, Florida, 33637-0926. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial in- terests are affected by this Consent Order may choose to pursue mediation as an alternative re- medy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right to request an administrative hearing if inediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code. Item # 20 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 11 of 12 28. Rules referenced in this Consent Order htt�://www.dep. state.fl.us/legaURules/rulelistnum.htm. FOR THE RESPONDENT: Frank V. Hibbard Mayor City of Clearwater are Attachment number 3 Page 11 of 12 available at DONE AND ORDERED this day of January, 2011, in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIlZONMENTAL PROTECTION Deborah A. Getzoff District Director Southwest District Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, re- ceipt of which is hereby acknowledged. Clerk Countersigned: Frank V. Hibbard Mayor Date CITY OF CLEARWATER By: William B. Horne II City Manager Item # 20 DEP vs. City of Clearwater Consent Order OGC File No. 10-2683 Page 12 of 12 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Copies furnished to: Lea Crandall, Agency Clerk, Mail Station 35 Attachment number 3 Page 12 of 12 Item # 20 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Award a contract to R. Cobb Construction Company, Inc., of Clearwater, FL, in the amount of $119,083.14, which is the lowest responsive bid in accordance with the plans and specifications, for the construction of the 2401 Drew Street Storm Drainage Improvements Project; and authorize the appropriate officials to execute same. (consent) SUMMARY: Based on video inspections and maintenance reports provided by Public Services, the Engineering Department has determined that it will be necessary to replace the existing 48-inch corrugated metal pipe located within the drainage easement at 2401 Drew Street. The existing pipes are deteriorated and at the end of their life cycle. The construction will consist of approximately 580 LF of 48-inch reinforced concrete pipe, one junction box, and two ditch bottom inlets within the drainage easement located at 2401 Drew Street, This pipe system is within the Alligator Creek drainage basin and provides stormwater utility service to approximately 90 acres south of Drew Street and west of Old Coachman Road including Gulf to Bay Acres, Gulf to Bay Estates, Eastwood Terrace, and Saint Petersburg College. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96124, Storm Fipe System Improvements to fund the replacement. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96124-563700-539-000- 0000 Bid Required?: Other Bid / Contract: $119,083.14 $119,083.14 2010 to 2011 Amount $119,083.14 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk No $119,083.14 08-0059-EN None Cover Memo Item # 21 H w a F � a A �aao � � F . W � �, � �� , o � z � � � > w Z ~ u � � � W W o 0 0 0 o ro N � O N N ; Q y N N V(O CN, � W pw.� y F z � H� a�� w o z xT z" �xa aa z� �au° °xza� wH z � � z H ° ° z m Ha�� w �d� a�a za o� �xWo u� �a�� oaw � �, m ce z � � � H o �z o H w � � o d � ^ ��a ° oa N uxWo � W��o H a ow°H" � � x z � � y z H � � H � ° � o � q �.az" � �,wy z¢ o�Wo F zF�o � a o � � �� d' � w o M O W � x�a u� z3 w o ¢�v �., � a � � w o v [-. m N .� � ti a Fo za�° � ��wa v x�H w � Q �v��,aw o � v o d' uoaa o G �H'^ � z � �� z H o H o H z o � � o� r� aw� a w p �a�o q� Qaa� � �, � a z � � � z a a w a w a a ¢a 0 � � z z � o x � 0 0 � � � � � N O N N � N N � V 0 V V � d d d d�� a w w w w m q w a ci `" y W o a o o F c� a F F z o o ,w, � �" .. m � � H a�. � � o z m �, u ° H w W e u F � o ,� Attachment number 1 Page 1 of 1 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 2 Page 1 of 6 KNOW ALL MEN BY THESE PRESENTS: That we R COBB CONSTRUCTION COMPANY, INC. Contractor and MERCHANT' S BONDING COMPANY (MUTUAL) (Surety) whose home address is 2100 FLEUR DRIVE, DES MOINES, IA 50321-1158 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 HUNDRED NINETEEN THOUSAND EIGHTY-THREE DOLLARS AND FOURTEEN CENTS ($119,083.14) 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 , 2011 entered into between the Contractor and the City of Clearwater for: 2401 DREW STREET STORM DRAINAGE IMPROVEMENTS 08-0059-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 # 21 Attachment number 2 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 , 2011 R COBB CONSTRUCTION COMPANY, INC. CONTRACTOR ATTEST: WITNESS: COUNTERSIGNED: : SURETY : ATTORNEY-IN-FACT Page 2 Item # 21 Attachment number 2 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2011 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and R. COBB CONSTRUCTION COMPANY, INC. of the City of PALM HARBOR County of PINELLAS and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2401 DREW STREET STORM DRAINAGE IMPROVEMENTS 08-0059-EN FOR THE SUM OF ONE HUNDRED NINETEEN THOUSAND EIGHTY-THREE DOLLARS AND FOURTEEN CENTS ($119,083.14) 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 # 21 Attachment number 2 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 dav 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 d� 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 # 21 Attachment number 2 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: : Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Seal) Attest: Rosemarie Call City Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor) By. (SEAL� Yage 5 Item # 21 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORNn STATE OF _ COUNTY OF Attachment number 2 Page 6 of 6 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 (TTTLE) of R COBB CONSTRUCTION COMPANY, INC. a Florida Corporation, with its principal place of business located at 971 VIRGINIA AVENUE, SUITE D, PALM HARBOR, FLORIDA 34683 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of _ , 2011 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: 2401 DREW STREET STORM DRAINAGE IMPROVEMENTS 08-0059-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 Thi s day of 2011 NOTARY PUBLIC R COBB CONSTRUCTION COMPANY, INC. AFFIANT BY: My Commission Expires: PRESIDENT Page 6 Item # 21 � w ;�! J � n � Z v '`.'� Enzie _....._.._. �'' PALMETTO ST d � } w ARLINGTON Y �e� w \�'� m �� P� G� OP �� G SHARKEY � RD �n�� / �I �O z w c7 F- �I w � 0 � TERRACE DR N w � w � U GRANGER pR o J w m w 9� NORMAN DR Q � � w � 0 � � U GU LF-TO-BAY 0 � _ :.. - - - - _.....,� � Clearwater U Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph:(727)562-4750, Fax:(727)526-4755 www. MyC learwater. com � � � ,.. ❑ _ F-- E'; W "i � : : K = m;:� O w ;: VARSITY DR W ❑ O Y � � z g J z J ° � o SHARKEY � ANNA AVE w ¢ LORENA LA ELLA PL O� Q� z z Q DORA DREW w ¢ Q Q Q a � OO 0 O 0 T KV Q d Z � O � � a m Z � EASTWOOD DR � ST �• RD PROJECT NASH ST w w w a WHITMAN ST Q ! ' ¢ W WHITMAN ST 0 Q ' � p CHAUCER ST o a � w Y CHAUCER ST w � SHELLEY ST � } LL SHELLEY ST � 0 z 3 BLVD w ¢ � � 2401 Drew St. Storm Drainage Improvements, Project # 08-0059-EN Map Gen By: CRM I Reviewed By: MM I Date: 12/20/2010 I Grid #: 290B I S-T-R: 18-29-16 U N W E S Sca�e� 1'=800' Map Document: (V:\GIS\Engineering\Location Maps�2401 Drew St Storm Drain Improv LOC Map.mxd) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Award a contract to Clark Hunt Construction of Clearwater, FL, in the amount of $147,096.15, which is the lowest responsive bid, for removal and replacement of approximately 185 linear feet of 54-inch reinforced concrete pipe, proposed headwalls and 208 linear feet of 8-inch sanitary sewer, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Engineering Department has determined that the existing storm pipe and sanitary sewer pipes are deteriorated and near the end of their life cycle. The City has been making temporary repairs to this pipe while acquiring the required easement at 614 South Missouri Avenue and Florida Department of Transportation drainage permits. All permits and easements have been acquired and the City is ready to have Clark Hunt Construction rebuild the storm and sanitary sewers. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96124, Storm System Improvements in the amount of $130,761.94 and 2009 Water and Sewer Bond Proceeds from 0376-96665, Sanitary Sewer R and R in the amount of $16,334.21 for total funding in the amount of $147,096.15. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96124-563700-539-000- 0000 0376-563800-535-000-0000 $147,096.15 $147,096.15 2010 to 2011 Amount $130,761.94 $ 16,334.21 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary See summary Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk No $147,096.15 Cover Memo Item # 22 � ¢ � � ST � PARK r ¢ w ST W Q W � .� O W i ¢ d ¢ GROVE ST P�� Browns O ¢ � g ¢ � ¢ a ❑ LAURA =� G�'�� GROVE w ST � Y w ' N.E. � m ❑ � ❑�� Z❑ Q CLEVELAND ST � - v . �.:.:.:.. w ¢ Z� IJ— j � } w ❑�� ST � a PARK ST � g C�7 w � W � n� � w�� ¢ PIERCE Y Z ST Q PIERCE L� �m sT w � PIERCE ST o U ❑ � �� O � � Evergreen Place � _ � V K a �g ` _ ST � ¢ � � � �Q-Q'� C�ti � � a � � ¢ O j F FRANKLIN ST ❑ � O c7 ¢ � CIR ¢ w COURT a z � GOULD ST � m S�' w � � � SANTq � ❑ ❑ � ROSA 5 BROWNELL ST � O O � SR-60 US-19 ALT. COURT ST SR-595 SR-60 PROJECT ~ � Q ROGERS ST w TURNER LOCATION ? 0 � � Q Q : �' � ' �:; `_-_- PINE ST _• ❑ RD � � JASMINE � ❑ DR � � LOTUS � ❑ � WAY � w� Q PATH � ST �Q�Q�� CENTRAL � �U� PINELLAS a �}�� ❑ P � TUSKAWILLA ST � � ❑ ❑ a � Clearwater U Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph:(727)562-4750, Fax:(727)526-4755 www. MyC learwater. com � � PINE PINE 0 Q � � Cir N r m ❑ J �G O z Q J � DRUID � w� � JASMINE > WAY �� Z� MAGNOLIA Q DR � �� LOTUS PATH � � � � RD � w w w� � � (� J J � W 2 w �� w ¢ � � � z w w � � w � w � W w U \ LOTUS PATH w Q ~ MAGI � w� � U J J LOTUS 2 JEFFORDS w ST w � � w BARRY � � > w > � a a ; gOwO TUSCOLA ST Pinellas � � ? � ' MILTON Q ST Z � " w� � J a m 0 BROWNING �� m CR-488 614 S. Missouri Ave., Storm Pipe Replacement Project #09-0048-EN Map Gen By: CRM I Reviewed By: BM I Date: 12/10/2010 I Grid #: 296A I S-T-R: 15-29s-15e N W E S Sca�e2�. 1'=800' Map Document: (V:\GIS\Engineering\Location Maps\Nichols and Dimes 614 S. Missouri.mxd) 0 N �+ a a � ti � A � H a d' � d' 0 0 N �a � W� �� z 0 � � a a z a a o� x a � z � z H H � �� H� z 0 u W x � w � w °" OF a z � � H � z u o � � z 0 u H � O a x '" z � z o H H z � a °z� � � z 0 �W u � � a a a � Qz � z z � �o � x� w c4 xH � � uo z u F z D o z H � u o a � � z 0 u w u O � [V- w Q � u z � o z H � 0 � � x a H � z o w u u O � z a a H u z � z o H u � z � � � z 0 �W �� A �a a� uz � a a a a a� � a a � �n l� l� � o �O � O O � M M � � � Wz � w � W W � o y � � W W W �� a� a� W O O O � � � ° ° -� d' U d' � O � � 0 W 0 H�H z � �" O e � � ��3�3�3 ~N °�a �°� W�3 �� , �, �, � U � '�' U' � a a aOWO rnW H � H � � � 0 oN ,-. � F. [-W-i � .�... N �, z � z A o � � �, 0 0� o o F, Z U W� U' = a � of2� a � � `� W � � �" o ,� w M ber 2 Attachment number 2 Page 2 of 2 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 3 Page 1 of 6 KNOW ALL MEN BY THESE PRESENTS: That we CLARK HUNT CONSTRUCTION, INC. Contractor and UNITED FIRE & CASUALTY COMPANY (Surety) whose home address is P. O. BOX 73909, CEDAR RAPIDS, IA 52407-3909 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: $126,676.15 BASE BID AND TO INCLUDE THE ALTERNATE BID OF $20,420.00 FOR A CONTRACT TOTAL OF ONE HUNDRED FORTY SEVEN THOUSAND NINETY-SIX DOLLARS AND FIFTEEN CENTS ($147,096.15) 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 , 2011, entered into between the Contractor and the City of Clearwater for: 614 S. MISSOURI AVENUE STORM PIPE REPAIR 09-0048-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 # 22 Attachment number 3 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2011. CLARK HUNT CONSTRUCTION, INC. CONTRACTOR ATTEST: WITNESS: COUNTERSIGNED: : SURETY : ATTORNEY-IN-FACT page 2 Item # 22 Attachment number 3 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2011 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and CLARK HUNT CONSTRUCTION, INC. of the City of CLEARWATER, County of PINELLAS and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 614 S. MISSOURI AVENUE STORM PIPE REPAIR 09-0048- FOR THE SUM OF $126,676.15 BASE BID AND TO INCLUDE THE ALTERNATE BID OF $20,420.00 FOR A CONTRACT TOTAL OF ONE HUNDRED FORTY SEVEN THOUSAND NINETY-SIX DOLLARS AND FIFTEEN CENTS ($147,096.15) 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 # 22 Attachment number 3 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per dav 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 d� 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 # 22 Attachment number 3 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: : Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Seal) Attest: Rosemarie Call City Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor) By. (SEAL� Yage 5 Item # 22 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORNn STATE OF _ COUNTY OF Attachment number 3 Page 6 of 6 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 (TTTLE) of CLARK HUNT CONSTRUCTION, INC. a Florida Corporation, with its principal place of business located at 2165 LOGAN STREET, CLEARWATER, FLORIDA 33765 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2011, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: 614 S. MISSOURI AVENUE STORM PIPE REPAIR 09-0048-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 CLARK HUNT CONSTRUCTION, INC. AFFIANT This day of , 2011. NOTARY PUBLIC My Commission Expires: : PRESIDENT page 6 Item # 22 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Award a contract for Lift Stations 26 and 74 Rehabilitation Project (08-0050-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $414,942.00, which is the lowest responsive bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Based on evaluations of the City's sewer system, Lift Stations 26 and 74 ranked high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This construction includes the improvements to Lift Stations 26 and 74 rehabilitating the existing structure and replacing the existing equipment, which is in need of repair due to age and wear. Lift Station 26 is located at 1060 Calumet Street (at Apache Trail). Lift Station 74 is located on Airport Drive 165LF east of Keene Road. Lift Stations 26 and 74 are aging duplex submersible lift stations. The proposed improvements at Lift Stations 26 and 74 provides for the removal of the existing pumps, piping and controls, rehabilitation of the existing structure, and the installation of a new fiberglass wet well, precast valve vault, submersible pumps, telemetry controls and the necessary electrical and instrumentation to complete the project. Advanced Engineering and Design, 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. Six bids were received and TLC Diversified was the lowest in the amount of $414,942.00 for the project. After comparing the bids, Advanced Engineering and Design, Inc. has provided a recommendation to award the construction of the project to TLC Diversified and City staff concurs. The City of Clearwater's Public Utilities Department Wastewater Collection Division is responsible for owning, operating and maintaining the wastewater collection system including all gravity pipelines and manholes that convey the raw sewage to the lift stations and or City's wastewater treatment facilities. Sufficient 09 Water and Sewer Bond proceeds are available in 0376-96686-563800-535-000-0000 in the amount of $414,942.00 to fund this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: $414,942.00 Annual Operating Cost: $414,942.00 Total Cost: 2010 to 2011 � $414,942.00 Cover Memo Item # 23 Appropriation Code 0376-96686-563800-535-000- 0000 Bid Required?: Other Bid / Contract: Amount $414,942.00 Yes Appropriation Comment See summary Bid Number: Bid Exceptions: Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk 08-0050-UT None Cover Memo Item # 23 � �, � � s:.� ,,�v i ( �'-� Attachment number 1 Page 1 of 1 � �I�r��t'mfi �°r�E�a� i�vrt ' �:, ' :t! , . .. �:� f2 L1 �',r � i �+' .. .. ��j, .. '�� .... .... .. . ....... . .... �.T '. . .... .. .... ......... . , __. � : ... .�. .. , ,, '. �,. , �- �� n �. ��. ��. I . , � . . _. '°n , r; . ..... . , �.,. ' '�,. 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'� ,...� '� �.�� . �,� , � .... ,. . .� .. ... � � taN �..,� 4.r �. �`i 1 � . s , ... . �, _ � s� ..� �:^^� 'S ' . i �: ��e�� .� �-_� � .. y: _. �� ..u��.� .. F�,�;u a��fi�,� Y o7kl�u'I:Y'dz�'� ic.�{.I r�1 t� .3:+�� > ^,ifi7 M. RAp :I�.. N.-r`at. C i. �('wut�:3v F r_ 1 . I � :� � � a, i �� Item # 2 � Y,'- t� F t� 1�d � 'P }� �'r �V _ i �l „ � � � �� i � ', �� pm � �S �H,r � „F�? ., �i . ... ... .. � ..... � ��.. ��. � 'i. � . ., !L . ... �. � ., I � ...... . Attachment number 2 Page 1 of 1 � � � � � �; � �� s� �� _ � �° r� _.. _ ; ��a' � �. ,, _ _ �'��!C�•i��f' L��:��`C`I�:��1 a�ir��P�`r Cara _ 1�Hd�9a�C�tR�T dJ� � �, �� _ � , ' � , _ �, t`��'T'hiEl� Ttl?�R: 9:i�i `�'' , �' , � ', ' _ S* . , ... . . ... ....... .. ,, . �. ' r. ... � � ,, ' ... .... �. ��, ��. ��, . t�i� , .... ' ; ... . � ...... _ . ��. ��,, ! , ��. : . .... . �' t�J�LE � 7' �7 .. _ �t _ _ . _ i i _ � � i �w ', � �a6J�t'ab"."p+��l`s �vt �� , , : �' �� ' .� ', u�, �b, , . ,, � ��"�,rYal,�-i":�fi � , � h+9t°�.dfiri�.V�Y �'t _ � .,��w ....... ... .. . ... ..... ' .... . ��. . � `J . . ...... ..... . .. ... ...... . �.. ... .,... � . � . ��. � . .... ....... ... � . . ..... ... � �. ��.. . ��'... ��.. . ... . � ..... ',,. . . ... . , � ,', . �� . . ...... � .... , ..... ... ... ....... � .. .... . . .. . . . . . . . ... ,. .,, ... .. ..... ... . ��.... ' �. ��I ��.. �. �. �. . ' . , ,,, ...... �� I ��. ��.. � �: �. ��. ��. � . � ,,. .. ..... �.... �'+iXi��fu :3�'. .. � .... . � f'�.N �3�.�� #;,. yg.�,. , �. . ':3; ' . , ..... . ... _ ... ........ .. . �y,, ..... '. y . .. .... .. . ..... ... �a7,. � .... _ ,,, . ,., ,.. - �, a�.'. ...... x�. ,,, . ', �� '�, , �,, .. tri ,. .. _. ...... . . . .. �a, .. , .. .. ., . � ..... � .... � �. .. ....... .; . �,�. .i , ' �,; : .. ._.. . .. . .. . . �. , .. .. � .... ' , . ��. _. _ ;,ar, <,___ ,, ...� �"�',I"t! j ' ' � > ��' �., _.� �. � � v- . �<<F�, �.�, �,.� ,t �� , ��a�n ��,..;N��,r. 16k'1 16{�z�lr ., , t S t."'..e „_ f i a. ��' t� r� `ss -. � -�. r�� Item # 23'� 130N1) NliM:I3Elta CONTRAC; I� I30N1) STATE O�' FLOKIDA COLI�NTY OF PINELLAS Attachment number 3 Page 1 of 16 KNOW ALL MFN BY TIII;SE PRF:SI:NT'S: "That we TLC 1)IVERSiFIF.i) IN%. Cc�ntracic7r ancl WT!�S'TFTELD INSURANCE COMPANY (Surety) whose home adc�res� is ONE PA12K CIRCLE W�STFI�I..D CENTF.It OHIO 44251 IIEREINAFTI;R CALLI±:ll 'I'HI�: "Surcty", are held aiZd firnlly �ound is�tc� tllc City of C�eas�water, Florida (here�nafter called the "Owner") in the penal suin of: FOIJR HUNDRF:D FOUT2TFIL+;N TI�OLISAND NINT, HUNDRF,� FORTY TWO DOLLARS AND 1V0 CI+�NTS (��1�,942,00) �or the pay�iient of which we bind ourselves, aL�r 1leirs, exccutors, aciministr�tor,s, succ�ssors, anc� assi�ns f�r the faithful perfanllance of� a certain written contract, dated the _� ciav <>f� , 2011 entered iilto between th� C�ntractor and th� C1ty of Clea�-water �or: LIFT STATION 26 8� 74 REHABILI'T�TION 08-OU50-�JT a co�y of which said contract is ineorporated herein by refercnce and is i��lade a pa�-t hereof' �s iF fully copied herein. NOW 'THLRCFORE, THF; CONDITIONS OF TI�IS 0131.IGATION ARE SIIC�-I9 tl�cit if' 117e. Contractor silall in all respects eomply with tl7e terms and conditions of said �oniract, includin� the one-year guarantee ol material and labor, and his obligations ti�e7•eu�3�er, iriclu�iin� t��e contract docui�lents (which include thE Advertisem�nt� for Bids, I�rn1 of Proposal, Fori1� of C�ontract, Forn1 0�� SL�rety Bond, Instructioi�s to Bidders, General Conditions and Tecl�nical Sp�citications) a�1d the Plans and Specifications thcrein �-eferred to ��nd inade a part thc;reof, anc� sueh alterations as i�1ay be made in saic� Plans ancl Specificati�ns as therein provided for, and sl�all indel��nify and save hari��Iess the said Owner against �nd fro�n all costs, expc,nses, dama�es, injuYy �r concluct, want� of care �r skill, ��egli��nce or default, inelt�ding patent infringements oi1 tl�� p�rt of lhe said C;o��tractor ��ts or employees, il� the executiotl or perforn�ance c�f saic� eontraet, �azcludirig �rrors iz� tl�e �1��2s furnishecl btif [IZe Contractoi�, and fu1-tl�e�-, if such "Contractor" or "Colltrac�ors°' s11�11 �»•om�tly make payments to a11 persons supplyiilg him, them or it, labor, 11�ate�•ial, anc� supplies izsed directly or indirectly by said Contractc�a�, Contractors, Sub�Contraetor, or Sub-Contraetors, i�� tl�e prosecutiot� of the work �rovided for in said Cont�-act, this obligation shall �e void, otl�ei-wise9 �l�e C`ontractor ar�d Surety jointly �Zd severally agree t� pay tc� the Own�r any di�ffe�•eilce betweet� il�e st�in to whicll �11e said Cozltractor would be entitled on the colnpietion af the Cozltract, a��id th�t whi�h tl�e O�rner may be obliged to pay for the coinpletion c�f said wo1-k by contr��ct or otl�erwise, c� ��y cl��a�cs, ciirecT or inciirect, or consequential, which said Owner may sus�ain on accoui�i c�f sucll wt�rk, or c�i� accc�unt of�� he f�ilure of fhe sai�i Contiact«x to �roperly �nd iti all things, ��ep az�d �xeccite a1�1 tlze �rc��•isions c�f said contract. �� Item # 23 Attachment number 3 Page 2 of 16 CONTI2�CT �30Nll (�?) �nd the said Contractor anc� Sui-cty hereby furtl�er bind tlzemsei��c;s, thcir s�acc�;ssors, e�ecuttn�s, administrators, and �ssigns, �oii�tly and sevErally, that tl�ley will amply and fu1�v protec�t �1re said Owncr abainst, and will pay any and all amoul�ts, damabes, costs and jud�lneilts w�aic�z n1�y be rec�vered against or which th�; Ow�er may be c�lped upon t� pay to a11y persor� �r eo�-poraiion �y� reason of any damages arising froin t1-�e perfol-rriance o�f' said w�rk, or c�f tl�e r�paar or i��aint�nance thereof, �r° the mailner of doing tlie sarne or the ne�Iect of the said Co��tl°�ctor esr l�is a�ents t�r servarits or t11e improper perforrnance of tl�e sdid work by t�11e Contractor or h�s a�ents or ser��ants, �r the infringements af any patent ri�lzts by reasc�n of the use of a��y inaterial fiirnisl�ed or �work donc;; as aforesaid, or c�therwisc. And thc said Contractar at�c� Surety hereby liirther bind t9�cznselvc;s, their stzccessc>��9 1�ci�•s, executors, acim�nistratoz�s, a�c� ass3�ns, jointiv and severally, tU i-�pay the ow�n�7- a��y sum wl�l�cl� tl�e Owner may be compeilecl t� pay because of any lien tor labor �z�aterial �i�rnislzed f�r �i�r� work, embraced by said G�ntraci. And the said S�ety, for the v�lue received, hereby stipulates aild a�rees il�at n� cilang�, extension c�f time, alteratia�l or additi�r� to the terms of t11e col�tract or to the wc�r� to be �er%�rt�led tl7ereundcr or the specifrcatian5 accompanyin�; t}ie; sa�ne shall in any way affect �is obli��tic�r�s c�r� �his �ond, ��7c� it does hereby waive notice �f a17y such change, exicnsion af� tin�e, �lteration ar additis�ll t� the ier��s of #he contraci or to the work or to tl�e specifications. IN TESTIMONY WHEREOF, witness thc; han�is �nd s�als of t�� partiES lleretc� this dayof_m_�__._ .�.. 9 2O11 ATTESTs WITNI�SS: COUNTI;I2SIGNEDe TLC llIVERSIFIED IIV�C. CONTK�CTt)IZ � SUIZETY F3y; A'TTOI21lTEY-IN-FACT' Pa�� z Item # 23 Attachment number 3 Page 3 of 16 C�NTI2ACT �'hie C,ONTR�CT mad� a�ld ent�red i�1t� tlus day of , 2�� 1 by ar�d �et�vee-n �t11� _. __.__ __ ..._.. City of Clearwater, I�loric�a, a z�z�.ulicipal corporatiol�, hereinaftel de,signaied as �l�e "C'ity", �anc� `I'LC I)IVEIZSIFIF,D, INC. of° ihe City of PAL,MET'I'O, CoLtnty c�f VIANA"TF�' and St�ate ��f- FLORIDA h�;reii�atter c�csi�nat�d as tlae "Cc�ntractor". WITNESSLTH: That the parties t� tllis c�ntrae8 e�ich in consi�i€:ration ol' tlZe undirtakin�;s, }�rc��rses �ai�a ��;ree�-��e;i�ts o�� tlle part of the other herein eontained, do he�•eby undc;rtak�, �romise aild an�ree as �'�]lc�ws� The C'ontractor, and his or its succe�sors, �ssi�l�s, executors or adrni�istrat�rs, in c�rxsiderativ7� of ihe sums of money as herein after set forth to be paid t�y the City and lo the C'oratracior, shali �r�c� ��ill at their own cost and eXpei�se �erfoz-m all labo�-, furl�ish a�l i7aaterials, tc�ols �z�3ci ec�uipment ��«r �the foilowzn�: LIFT STATION 26 &`74 R�F�ABILITATION 08-0050-i7T FOI2 'THT SUM OF ��Uli I3UNDREI? FOUI2TEEN THOUSAND NINE HUNllI2Ell FOI�TY TWO Dt)LI,ARS AN�D NO C�NTS (��314,942.00) In accordance with such propos�� and technical suppleinental specif ications and �ueh ot��r sl�ecial provisions anti clrawin�s, if any, whicll w11� be submitt�;c� by tl��; City, to�etlie�° �vi[i1 any advertiseme�nt, instr-uctions to bidders, genera] eorlciitions, proposal and bot�c�, wliicli n��v b� i�eretc� attached, and any drawin�s if any, whicli inay be herein ref�rr�d to, are 1lereby inade a�?a�-t �f tl�is contract, ai�d all of said work to be perfor�ned and col��pleted by the contractor anc� iis s��ccssol�s azlcl assigns shall l�e fully completed in a�ood aazc� workn�anlike rnan��er to thc satisfacti�n �f tlle Cifiyr. If the Contractor should f�il ta con7�ly with any of t��e terins, condi%i�ns, }�i-ov�si�i�s or st��ul�tians �s c�rltained herein withii� the ti��1e specified for con�pletiol� of the; wc�rk to b� perf�r-�ned by the Contr�ctor, t1�c1� tl�e Ciry, znay at its c�ptaon, avail itself of any or all ren�ec�ies provicied �a� its ��l�alf and shall have the right to prc�ceed to coinpiete such wrork as C�o�itra�ct�r is obli��-ted to perform in acc�ardance with the provisions as co�tained herein. Tf�E CONTRACTOR AND HiS OR ITS SUCCESSOIZS AND �SSICINS DOI:S I�F,I2El�Y AGi2EI; TO ASSUME THI+, DEFF,NSE t)F ANY LEGAL �C`TI()N W��IC`II MAY 13I?a BROUGHT AGAINST TI��E CITY AS A RESULT flF THE C�7NTRACTOR'S ACTIVITIFS ARISING OU'T OF THIS C()NTRACT AND FLIKTH:F.RMORF., IN CONSIDLl2ATION ()F THE TEIZMS, STIPUIIA'TIONS AND C()NDITIONS �lS CONTAINED H:1�I2EIN, �UItI;Ia,S TO HOLD THI: CITY FRF.F. ANll I�AI2MLESS FROM ANY �ND ALI, C"LAIMS FOIZ DAMAGES, C'OSTS OF SUiTS, iTI7I)GMI;NTS OIZ DECREES IZI.SLIIJ'Till�G F12t)M �1NY CI.AIMS MADI� UNl)�I2 THIS CONTItAt'T AGAINST `I'HI; CITY �IZ TI�E CONTRACTOR OI2'TIIE C"ONTRAC'TOR'S SUB-CON�TRAC:TOi2S, �C�ENTS, SFRVA�TS C�I2 EIVIPLt)YI,ES RESULTING FROIl�I ACTIVITIES l3Y TI�E AI'(�I2EMFN"I'IONF�) CON'I'R�CTOR, SUB-Ct)NTRACTC)R, AGENT SEl2VANTS OR I:MI'I,OI'�ESm 1��.� � Item # 23 Attachment number 3 Page 4 of 16 C'ONTRACT' ��) In ac�dition to the fore�oin� prc�visions, tl�e Contractor agrees to con:forsn io tlie �`ollow7i�� rec�c�ir�n3er�fs: In cot�nection with tlze performallcc of work under this col�tr��t, �%e C�i�tractor �.t�rees nog to discriminat� a�ai��st a.ny employee or applicant for eznpIoyr�cnt because oi� ra��, s�x, �°eiigiar�, c�lor, or national c.>ri�in. `�7�� afores�id prc�v�sion shall irac�ude, but �zot be lirrai�e�� tc�, il�e fe�llowin�;: eznployment, upgradirig, ciel�lotion, or transfcr; rec.ruitment �r recruiiment advertisi��g, 1�y�off �r tenziinatioi�; rates of pay or otller forms of coinpensation; and selectic�� fc>r train��, irlclu�li��ig apprenticeship. `I�1ze CoT�tractor agrees tc� post hereafiter ir� �;ollspicuous placc;s, avapl�blc i�c�z• einploye;cs �r applicants far ei��ploymeni, notices to be prt�vided by the co�ltract�r�g of�fice�� settin�? fort11 tl�� p�°ovisions �f the ilan-discrinai�nati�n cl�use. 'I'he Contractor furtl�er agrees to iz�ser� tl�e fc�regoin�; provisio�ls in alI cc�r�iracts 1��a�ul�d�r, ii3cludin�; cc>ntracts or agree��ents with lE�bor u»ions aa�ci/or workcr's re�re�c�itatives, e�c.ept sr.�l�acc.>l�traclt�rs ic»- standard c.oinmerc.ial supplies or raw materials. It is znutually agreec� bet�reeil thc parties hEreto that time is of tl�e essencc; c�f tl��is coniract, ��cl ir�� c ev�rit that ihe wark Yc� be per�ormed by the Cc�ntractor is not completed c�iilaflrfl tl�� iirsle s�tiputated h�reir�, it is t11er1 1urtlier agreed that the City may d€:duct fronl suc13 sur�is or cc�znpe�satio� �s l�ay l�e du� ta the Contracto�� the surn of �1,000.0� per day fnr each day that the worlc tc� l�� per�orrned by t1�e Coiltractor remains ineon�plcte beyond the time lin�it specitied h�z-ein, wlaich s� �1' �1,U00.00 per d�� sha11 only and solely represellt damages which the �ity has sustained by rea�o�1 �f �he failure o� th� Cc�ntract�r to eomplete �the d�ork within the tiine sti�ulated, it bein� fui-#ller a�reed t11�t tl�is su�� is not to be construed as a per�aliy but is only to be c�nstrt��d as liquidated cial�l�ges for fail��r� c�f tl�ae Contractor to c�mplete ancl perforn� all work withii� the tiine pei-iod as s�ecif ed ir� ihis contract. It is fua-ther nluivaily agreec� bet��een the C�ty and t11e C;oniractor that if, a�1y til�e a�t�r t13e execiztic�n c�f this contract arid thc; surety bonci wl�icl� is attached hereto for the faithful per#'ori��a��ce af tlle terrr�s anc� conditions as c�ntained hereii� by the Contractor, that thc City shall at a�1y tir��e cieed�� the s�rety �r stzreties upon si.ich performanc� b�i3d to be u��satisfactoiy or if, for any fl•�;asc�n, tl�e said l�o��d c�as�s tc� be adequate in amount to cover tl-�e perforinar�ce of t11� worlc the C`c��traetc�r s11a11, at �iis c�� iis ow�a expense, witllln ten (10) days after receipt of written �lotice fr�m �he Ciry to d� ��, furnish �t� ad�iti�i�a1 boi�c� or bonc�s in siich te�71� and an�ounts �1d with such surety or sureties �s s1��11 l�e satist�ct�ry io th� City. If such an event �ccurs, r�o fi�rther payin�nt sl�all l�e m�de to the C��iractor ur�der ihe te�-��1s and provisions �f tl�is con�ract ur�tii such n�;w or addiiional secl�ity boiad �,�i�r�ltecir�g the fa�ti-�fizl perf`ori7lance of t1�e wc�rk �nd�r t1�e ternls herecrf s1�a11 b� conlpl�ted aild fi�rnished t� �1�e �i�y in a for�3� satisfactory to it. ��z � Item # 23 Attachment number 3 Page 5 of 16 CONTI2AC"I' (�) IN WITNESS WIIFREOF, tl�e parties to thc agrc;ement have 1�ereu��ta sei tl�eir haaxis a��d sc;als a�ad have executed tl�is Agreen�ent, in di.zplicate;, the day anci ye�r first above ��-itt�n. CITY OF CLEARW<ATI;12 IN PINEi.I�AS COUN'TY, FI�ORIDA �Y� _.__.._.___.._.__.._...._.... Willian� l3. Horne� II City Manager Countersibfne� : By: �raiik Hil�bard, Mayor-Cous�e�l�7�enlber (Contractor i�nust inciicate dvhe�her C;orporatio��, Partnership, �'�n�pany or Individual.) {The person si�nin� shall, i� I�is ow�� handwriting, si�z� the I'rincipa�'s nanle, IZis c�w�1 name, ar�d his titie; where thc per5on is signi�lg for a Corporation, he must, by Affidavit, shaw lzis auth�rit�� to bind the C<>�por�ti�i�). �Sea1� Abtesi: Rose��a�3�-ie C"��1� i'ity C1e�-k �}7proved as tt� 1:c�rin �an�ilo So�c� Assistant City /1ttc�ri�cy (Cot�7trac��r) �3y: (�I;l�i, ��a�;� s Item # 23 CC)NTI2ACTOI2'S AFFIDAVIT FOI2 F'INAL� I'�Y1V1I+,N'T �CORPORATION FORM) STATE OF COUNTY OF Attachment number 3 Page 6 of 16 On this day personally a�ppeared before �ne, the u��d�rsi��i�ed a�atllorii}r, dl.�9y �utl�orized to adininisi:er ��tl�s and take aciczgowledgmeizts; _�__ �.._�_.__.__e.._ ._� �.__� _._.._.__.._, who after beino duly swort�, deposes az�d says: T11at l�e is th� (`I'IT'I.,�� c�f` TLC DIVER�II+TI+:� INC. a I�loricl� C�orparatiol�, witl� its principal place of business l�acated �t 2709 17i�� STREET E., PALMETTn FLORIDA 34221 (herein, the "Coniractor'°). That ihe Contractor was i17e �eneral contracto�� uz�der a contract exec��eci ��r� 11-�e � ci�y of _� 20119 witl� �he CITY OF CLEARWA I'EI2, FI,ORID�, a�r��n�ci��l corporatio�, as Ovv�7er, and that the Coi�tract«r dv�s tc� perfarm ihc cc�nsta-bletion o1; LIF'T STATION 2G & 741ZI:HABII.ITATION 08-0050-LIT That said work has now been con�pietec� �nd the Contractc�r has paid and d4schar�ed ��1 s�rE��contractors, laborers and i�iaterial inen i�� coi�ectioi� with said wark �1d tl�ere are �io liens ot�tstad�dii�b of ar�y nature nor any debts �r obligations t�7at might become, a lien or encumbrance i�3 �onnectiol� v,riil� saici work a�ainst th� ciescribecl property. Tl�at he is inaklll� this aflid�vii pursuant to tlze requirer�ae�ts of �hapter i13, Fl��rida �tat�ztes, and upon coplsideration of t11e payment of __________ (Final I'ull Amaunt af Cc�n%racr) in 1u11 satisf�iction araci di�char�e ai`said contract. Ti�at tl�e C�wnler is hereby a�eleased f7-om any clainl whicll �ni�Iit arise out t�f said Cc��traet. The wc�rc� °liens" as �scd in this afi�davit shaiI mean aaly and ��1 ar�isi�� zi3der �11e o�eratiog� of the F'lorida Mec�lan�c's L,ie�1 Law as set ft��th in Chapter 713, F1�rid� Stata�t�s. Swon� and subscril�ed tt> befor� me "I�his _—__ _ day of� _ , 2()1_1 NO'TARY PUBLIC Mv Comz��issit�n I;apires: �I'LC 1)IVI±.R�iFIFD INC, AFFI�NT �3Y: 1 ��1��'7�L1a1\T pa�e � Item # 23 Attachment number 3 Page 7 of 16 � � �� HI�� t � . t��i��x:�t;��;�,x, rzf�itt; _ _ �.. �. � ,.�� . . � �� . . ., . _ _ _ , �C'`v��-�4p� +,� q�`,� �y" g °;3�;.p sxs� [ ( "; S. '' �I �� 5.�.,1 4�AE j3 i� 7 i .�- t, a. k�i e`S3 1 � �3. . �..� ,. i,i[ �_.4 i _4 ( �r E' n, 11i� . < <':,i �,t.l. _lll :; �1 1 I � __ ---- _._ _ _ _.. _ , (,� u % h _, i:,l��, ��S . . ,� . _. ' ,i�� ,�_5 ��1,�, '. !'. .,.,�"C._ f`, . .. ._ _ . __ .� ..,_._.. .. _ __ . .... �-� - , ,_ � .. .,; . . : i - �,i t i, �.��. ._— - - ' (_�i', , ( _i9l.. '�tt"� c`.. i ,..t":� �, ;�� . �� ...-.. .. _ ._. �.... �_ -_.. ._. � .��7d.S (��_, o� < �,c i �� -. _ .3 [ i�lli-:1 i� -�{ ,� C, .-��1 „i!.._..��. ; ��rliii „ if ,..(;ii i l,� i0; L I'.: i��lA�i ..'i [ ,. , .�� .,!1[1 ,_, „ I ,.... ,t;:_ �� .,,t)'� �i�," _.i __i;� \ )�.IiC`, . 1 � ,1'� , .)llf tl. I . �. ..1.� . i I ` ... � _ . , .., � � .. . � , .. . _. � , ._. �?.. ,? . , �, . ..�� . . 'i ..� i�'�I?. il? �, , �,,,., .,, ..l 4 . �i.�.,�;� .i� � l _ ' .-, �, ,,. r , .,-� ,- .� , - � _ � � � -- <,-. vn.,' �uiU r.<�,•..� �".Cz �L.;lA .t � �'. �`;��1 �l� -_._ ._.._ ........ ..._._. . - - . 1 ' I -:t.', 1 �' ., � ,. . , f t .lC�. - _ _;'C(> >�a , d .. �.�- } �:-,! �.�... ,i ,1 , .....j .: - - ._ i _. �.,. ..,t.� „ ..,_� � � . , �._ � , i 1S 1 1�1�! .. l, s , ,. �, ., �, � � ._ , � .,'':-I . j.; _. �. ,.. � ,��„�, ,�i� �:I�. � 1....� i� � i;�,. _� �'-k�� ;� 1.::�1r�, _ .,.. . ,. �;�.� . .l ..� � .,.9C:',. d.A..i��i;� .� a.�. � -. :i� .� � _ _ k . .�, .i � _ � _� �.— - i_�,�� ., � . � ( i i , , �. _Ci �.�., i . `!��. _ � �� . ., , . 1 _ . _, . 'i. _ ... . .. i. , i :i , . � . � , � . 1 • .. � '':_ t `�,;�. 1_ . :��'.. I _lit,r ., .__. � . _, ..f' .,�' I`_ „7 _, � I � .. .. � , _.. , i i_ , �,., j . 5��,�. � i[til, .. .i; . � ��>,��. �, ��.,�.. i�. �-�� , � , . .� _ .. I .i' ..�. �'} i�� ° .,t �j ...�.,, :<'�>_ �__. . 7`� �t� i\ A,Vf�Ti�IYiAif�r� ti i t1 i ' � __ �.-- � � i � 1 i)iU;( ...:ii[; ;ili'f C��21`._ �_.l �� t . t , ��i i � � � � I �; i � .. i � �' ..,, i ii ,. i`i , . ,. �I1: i _ .. ':ii �;,, , . � il . ,'i� ,� � : `� ( •:, , , � � � �x �. 7� • _ . ._. . �, _�. . _ ...._ __ .�- ._..... i't i : � i _""e � � ' �� , d . '' .�.��'� '�aW �`f a''i . � ,�.,� D . "� h1� �,. . � ";.. > > . ,, , � t . , �� . � _ �... - .. ., . . ,.. . � . ?l��'ca��`��..i�% _LI1;�l.l;I�',i.ilC:�? �C7T11�?c1.]lY _. --.t - a' -_ .. r� � �, r � li� � ��`� I7�� ,„} �'ciC� �: ;,:� _. Item # 23 THIS F�OVNEF2 CJ� A1�TORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAtu1E Attachment number 3 POWER � ANC3 ISSUED PRIOR TO 04/15/10, FOR ANY PEi2SON OR PERSONS NAMED �ELON/. Page 8 of 16 Gener�l PCa�VEF� �It7. 0992202 04 ��W�r Westfield Insurance Co. a� A�t�rney Westfield National Insurance Co. � . . Ohio Farmers Insurance Co. VV�s�tfi�;id C�r�t��r. �I��ic� Know AIf Men by These Prnsents, That WESTFIELD INSURf�NCL �'CM[�ANY, WE:STFI�LC� NATIQNAL INSURANCE CCMf'ANY an;� ONIO FAftMFRS INSUf�F�NCF COMPAtJY, carporations, hereinafter referreU ta indivicivaliy as a"Com�any" and coil�ctively as "Com��nies," c;uiy organ(z�;d ar�d exfsting ur3cler th� laws of t�ae� Stat� of J�,io, and having its princ(�al offic.e ir�i Wf�stfi�lc± Center, N1ecl(n� County, C�hio, �o by the�e presents rr��ake, c�nstit�tp and appc�int tH�9UORE J. JE�LIGK c># DAVIE �ar�cJ State of �L its true anU lawfiui Attarney(,,)-in-Fact, w(th fuli pow�r �r-,� aGithority herFay canierred in i[s na�7f��, place and stc�ad, to :�xecute, acknowledge and deliver any and aif bonds, recognizances, undertakings, c�r ottaer onstrirmenfs �r contracts of suretyship_ e _ e e e e _ e a _ _ _ _ _ _ _ _ _ _ _ _ _ _ ... _ _ e _ e e e e e m _ _ _ _ _ _ _ _ .. _ _ _ _ .. _ _ ... _ , LIMITATION: THIS POWER OF A7TORNEY CANNOT BE USED TO EXECUTE NOTE Gt1ARANTEE, iNt7RT�A�E C�E�l�IENCY, MORTGAGE GUARANTEE, OR BANlC DEPOSITORY B9ND�. �nd to l�in�J ar7y of the GGm��anies thereby as fuliy and i:c� the same ext�nt as (f sucfi b�znds werv sic7ried by the President, seaie� with the c�rporaY,e seai �7f the �p�licable Company and duly attested k�y Its Secretary, he;reby ratifying and conf�(rm(ng �II tha[ ih� s�id Attor�ey(sl-Ir,-Fact may c�o in th� pr��mises. 5aid appoirstmPr�it Is rr�ac�e under ar�d by ai�tn�rity �f the Yc�ilowing r�solution adopt�d by the F3oarcl of C71r€�ct�rs �f e;ar,ti of tt7e LVESTFIEL.[� iNSIJRANCF_ CC7MF'ANY, WESTFI�L.D NA`T`lONF1L INSUR/�NCE COMPANY arici C�HIO FAftMERS If�SURANCE CO�AF�ANY: "Be li Resoivad, tt�at the Presicfeni, ar�y Senior Executiv�;, any Secr�{ary ar any FidellYy & Surety Op€;ratlans Exr_,cuCive c�r other Executive :�hail ;�� ar��d is hereby vested witt� Pull power �nd �utharity ta appoint any on� or rriore sultable persori> as Aitorr7ey;s)-in-Fact to represent and act for �nU on behalf of the Cornpany >ubject to t�r�: followin� pravis(ans: The Aftorney-in-Fact. may t�e �iven fuil pc�wer an� auttroriYy fbr anc� fn the nam� Gf ar�d c�n bPfialfi af the Com�any, ta �x�c�Y�, acknowl�c��e �nd dc6iver, any and alI boncis, r€;cognizances; cantracts, agreements of indemr�ity and otP7er cc�nditior�ai or ca�iigatc3�y uridertakings and any and all naticPS and documents canceling or terminating the Cvmpany's liabiiity thereiand�r, and any such �nstr�grr�ents .sn �x�cut�:d k�y ar�y 7uch Attarrr�;y-in-Fact shall i�e as bir�ding upc�n the Cornpany as �f signe�d by the President and s�:aisc� �rad attested t�y th�, Cnr�orate Secretary." 'Be it Further Resolved, that the signature of any suctr ;��sigr�ated person and the seal of the (�om��any heretc�forc� ar her�after affixec9 ta ar�y pov✓er af attr�rn�y or any certif;cate relat(r�iq tPi�seto by facsirrille, and any pz7wer of att�rney or certifle�te bearirac� far,sirnile s(gnatures or facsimlle s�al shall be valid and �aindir7g upan tYro� Carr��ny �vith res�ect to any �onr� or undertaking to whic� it is atiached." (C�c;h a<9�pted at � rneetinr� h�ic� ori E=ebruary 8, ?_��D). tn Witn�ss iNhereat", WFSTFIFI_l� INSIiRANCE COMPANY, WFSTFIELd NATIONAL iN5lJRANCE COMf'ANY and OFIIO FARMERS INSUKt�NC� CCJMPAhIY have caus�d fPaese �>re�er�ts to be siqner� by Yheir Senior Executive arad th�ir cor��orate seals to t�e ta�;r�to affix�d tPily f5th �ay of APRIL A.D., 2010 . Corporate �.��S��kh., Seals '� \ ,C''•• Affixed �o`��.•.oy.,°� ` � Mi1ea7�.�3.L i-�u i iJ< rih � a �'�ae�'`�e.....or°°f .t} ..`�°�tc"3tE: Oi dlll0 "wm�w�"'° Caunty af Medina ss.. �.�°'jic'�isqt� �n''�,,, 4. `,F-. • �� '-. .=� ,� `� .• � : °°.T= s .: ti.!^e . 9'� . s .�f_ .'.. "": SF�i, ;mw �`� J:, ��;; e*. 1NS1iQ,�,�,, U1lESTF4�LL� iN�lJ�2AN�E GOMPF�NY s'�°'t4.5 °°°4°•., �,'3 WEST�lEL� N,�1i1C?NAL IN�t��dANCE Gt:7MPANY � '��1ARIfREp�3� �NIC� FAR�r1ER5 9NSClf�ANCE CC}fv1PANY ��: i�ae ��! a � ��' ` �. ♦� o p >qeiunee.>'0�� ; ' Richard �.. �Sinnaird, Jr., Scra�or �xec,catrv� Or; this 16th day c�1 APRlL R.C7., 2tD16 , h�.fore me persor�ally r.ame �ichard IL, iCi�naird, Jr, to me kraowr�, wh�, being by m€: cfuly �,w�rr7; did de:pose and say, th�t he resicJes in Nledina, Ohlo; that he is Senior ExeCUtive of WESTFIEL.[3 INSURFONGf: CUMPANY, YVESTFIEI..D NF�TIONRI_ IN5lJRANCE CC��PANY an<� OHIO FARMFRS INSURANCE CC7MPANY, the companies describ�:d in r��c� which €;x�r,ut�cf t:tie abbve fnstrurnerit; that he knows the seals of said Corr7pani�s; that the seals a`fixed ta saic� instrument are suct7 corp�r�ate seals; th�t they w�re sc� affix�rJ by orcier of the t3oards of directc�r:; of said Cornpanies; ae�d that P�e signed t�is name thereto t�y lik� arder. fVGE�3t'Idl �..�we�w�eae., i � S ea I ,.•`�� A $., �,°*., • ,�' Affixed ,t�'; �l�l` �"'e Ot;��t fj�.9s � ^ r..� iA — � •' � • �Iliarr� J. iCahe9Br�, f� rr��y at L�aw, Notary t�ut�lic State �f Ohicr 'es � ;� ��p My Cornrnissior� Do€�s Not L`xpir� (Sec;. 147.03 Ohio I�evisec� Code) �ounty oi Medin� �,.. - �°e. .'�� , �+' I, F9°ahk A. Carrinn, Sec�etary c�f WESTFIELD INSURANCE CC7MPANY, WESTFIE�U NP,TIONAI_ INSUF2ANCc C..:��9PANY anc� Olild FARME:fd[� lNSURANC�: COMPANY, do h�rehy certify tP�at the ai�ovc� aric9 foregcing is a true and correct copy of a F�av�ter c�f Attarney, �xecuted by sair9 Carripenies, �rrhiet� i=� still in full fc�rce and effect; r�r�d furtt�ermore, th� resolutions of the Boards of Directors, s�t cr�a( ir� th� Paw�r vf �t±orreey are ;n full force ar;d �ffect_ t� Witness Wtaere�f�, I have hereuntc� set rrly narad �n� affixed tt�e se�ls oY sald Gampani�s at Vtar:>tfiieid C�nter, C7Pi(o, tY7is �? day of 'i, A.D . d'�'�°�'��.«.w.w�,y<' i'- ,,,,�s,�,�„ ,,, - ,.««�itzx.. a��SUH.E�{�ti, �`'`��C)1�A( � °-., �� ,- . „�,; . �`'` s a ��a : . �'S�� : : �, `° � N a•y!�t�ti �� :��.,��? L, !!� �°:I, � �6.�.�'i.� t%'b � = Fu/e sJl'st5�_r }m a �c �� : �r, ; r� - �'�'°=.�•h��t� '\:;.°• �.� . y� �a *��a RPlIAC� drntnhinaril d(i6.t9�1 :'''�'"�►�'�`°�. '' �` ��E,'� : .� ' lt1�RT�' O : ac 3 =m" :-er s�: 1�4$ :! � 4•e ea�acP oe4 � � .S��retaasy Frank A. �arrino, e�:re�t Item # 23 Attachment number 3 Page 9 of 16 ,��r,��r€�.��_� � { i, �.7�', j�ii...i.l. iil z',Il ( �`,.l'C'i�s��C� 7'l��i�.�� 71C�C?�1 I�. <<.:r�i�'`t.ii';:t�.li:�!?� 4"i �'-k B�`. 4.Yd� 7` S�CJAl� [�l� j $,�� ,�.�� Z`� 1��<�77�3�.F�i' } 1E L'"i l.e r c3.iil�'1� ' avil �`�l.lfl�?. i l.�`.' S\V�t)C(1. (�� L'`� d ti.i `><2�'`� �� r„1 -.. i. ``' -- _ - -- 1 � .x):1� l, lC 7_ w. — _ „ a �t(ic;C21['V%�t{ ZI,i' I) Ci� 1i C,�, Ti1�.�. — ° _- - _ - — ___ � __ . � ---_ — __ ._ �2 C�tl��l�2litt7,l �)1�r:.t�1I/ (:� � litT l'+.I�� I1� lillt�4.. �.i7C� 1)�. 1 tfl.l�l (`� ",E�t icl`,�'`� C�, i�]t. �,S��It, ti� �- ({lt ..i�� <<il�� I<=.A 1llr f(.S �?i'il1Cl(l�ti il�l(i:'t', i:ii.: ,- l' . { ,- � / �_ jl �.. � t.. A 1 =7 � . i�i , ��:�L 1 IY�F' �. �., �i �C;I.i.1Cj. �, (',c� .' 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(consent) SUMMARY: In Apri12009, City Council awarded a construction contract to Caladesi Construction Company of Largo, FL, for the Lake Bellevue Branch 6A Stormwater Management Project (03-0030-EN) in the amount of $1,662,525.45. Through the course of the project, $97,194.56 was added to the contract amount for the replacement of deteriorated water mains, storm pipelines and sanitary sewer and associated road reconstruction. Change Order 6 requires Council approval due to a time extension (107 days) exceeding 60 days and includes additional excavation of the lake and work on Lakeview Road due to unforeseen conditions in the amount $128,153.16 for a new contract value of $1,887,873.17. Sufficient budget and revenue are available in Capital Improvement Program project 0315-92273, Streets and Sidewalks in the amount of $16,249.32, 09 Water and Sewer Bond Proceeds from 0376-96742, Line Relocation - Capital in the amount of $15,271.95 andreturn $199.75 to 0376-96634, Sanitary Utility Relocation. A first quarter budget amendment will transfer $96,831.64 of Stormwater Utility Revenue from 0315-96124, Storm Pipe System Improvement to 0315-96152, Lake Bellevue Stormwater Improvements to fund the change order. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-92273-563700-541-000- 0000 0376-96742-563800-533-000- 0000 $128,153.16 $128,153.16 2010 to 2011 Amount $16,249.32 $15,271.95 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See Summary See Summary Yes $128,153.16 0315-96152-563700-539-000- $96,831.64 See Summary 0000 Cover Memo Review 1) Engineering 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 It2111 # 24 RATIFY & CONFIRM CHANGE ORDER # 6& F1NAL PROJECT: Lake Bellevue Branch 6A Stormwater Treatment Project CONTRACTOR: Caladesi Construction Company 1390 Donegan Rd. Largo, Florida 33771 Attachment number 1 Page 1 of 3 Date: December 2, 2010 PROJECT NUMBER: 03-0030-EN PO REFERENCE NO.: ST 105380 COUNCIL AWARD: April 15, 2009 DATE OF CONTRACT: Mav 1, 2009 CODE: 0315-96152-563700-539-000-0000 A CODE: 0315-92273-563700-541-000-0000 B CODE: 0376-96742-563800-533-000-0000 C CODE: 0376-96634-563800-535-000-0000 D SCOPE OF CHANGE: TH1S CHANGE ORDER ACCEPTS REV1SlONS TO THE CONTRACT This Change Order is necessary for additional wark on Lakeview Road, excavation of the Lake and removal of additional of man made land causing decreases, increases and additions of items due to unforseen conditions. It also adds 107 days to the contract - see attached sheet for details. STATENIENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT Adm. CO # 1- CM - 08/14/09 Adm. CO # 2- CM - 11/04/09 Adm. CO # 3- CM - 3/4/10 Adm. CO # 4- CM - 07/02/10 Adm. CO # 5- CM - 11/4/10 CO #6 (FINAL) Ratify&Confirm - CC 1/13/11 NEW CONTRACT AMOUNT A'1"1'N;S'1': Rosemarie Call, llate: City Clerk C1TY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II APPROVED AS TO FORM: City Manager Camilo Soto Assistant City Attorney $1,662,525.45 $14,375.00 $5,260.00 $40,040.00 �°��„��.��} $49,721.20 $128,153.16 $1,887,873.17 ACCEPTED BY: Caladesi Construction Company By: (SEAL) Donald J. Hinrichs, President llate: Witnesses: Recommended By: City of Clearwater Melvin R Maciolek Engineering Specialist/ProjectManager Michael D. Quillen, P.E. City Engineer Item # 24 Page 2 of 3 Change Order #6 & Final Re: Lake Bellevue Stormwater Management Project (03-0080-EN) 1TEM DESCR1PTlON QUANTITY Stormwater Code: 0315-96152-563700-539-000-0000 (Al ��€�� a°a��a�a��: 1104 Tree Barricades 667 1105 Root Pruning 2009 1400 Contingency 1 lncreases: 1102 Floating Turbidity Barrier 1103 Install Silt Fence 1107 Remove Concrete Pavement 1108 Remove Existing 2" Curb 1109 Remove Existing 0.5' Curb 1211 Adjust Curb Inlet 1216 Install Storm Sewer 24" RCP 1224 Sodding (Bahia) 1225 Excavation Regular 1301 Plants Additions: 1120 Remove slab & pipe in pond area 1121 Tree removal (Modified Lake Layout) 1122 Additional survey calcs and field stakeout 1123 Removal of concrete encasement 13" x 22" CMP 1124 Remove Existing Trees (925 Dempsey & in Island) 1229 Gas System Main Conflict Structure 1230 Relocate Utility for Storm ERCP 1231 Furnish & Install 16" DIP 1232 Conflict Box Installation S-12B 1233 12" x 18" ERCP Storm Drainage Pipe 1234 Special Moditied Precast JB � NE Corner Ewing Ave 1235 Replacement Catch Basin � SW Corner MLK Jr. Ave. 1236 Adjust Existing Storm MH # 2444 1237 Sodding (Floratam) 1238 8" Reclaun Water Main Relocation 85 471.3 321.6596859 805 1950 1 20 1504.38 21798 1 UN1T UN1T COST Attachment number 1 Page 2 of 3 TOTAL COST LF $2.25 (. `h 1; � (:ti:i.`i' ±; LF $4.00 ("�i??;(:i 3t .(:iti; LS $114,663.60 (�i11--€ ti(i3.ti(:�j Total �� z°�c��c�� Code A: �� '� �r'��d�.;��} LF $9.40 LF $1.00 SY $9.55 LF $2.60 LF $2.00 EA $800.00 LF $48.70 SY $2.25 CY $6.50 LS $589.00 Total lncreases Code A: 1 LS 1 LS 1 LS 1 LS 1 LS 1 EA 1 LS 1 LS 1 LS 5 LF 1 LS 1 LS $3,713.00 $550.00 $2,250.00 $2,091.00 $1,060.00 $3,385.00 $32,707.00 $4,672.00 $300.00 $32.20 $4,000.00 $2,048.00 $799.00 $471.30 $3,071.85 $2,093.00 $3,900.00 $800.00 $973.97 $3,384.86 $141,687.00 $589.00 $157,769.97 $3,713.00 $550.00 $2,250.00 $2,091.00 $1,060.00 $3,385.00 $32,707.00 $4,672.00 $300.00 $161.00 $4,000.00 $2,048.00 1 LS $250.00 $250.00 55.56 SY $2.88 $160.01 182 LF $32.50 $5,915.00 Total Additions Code A: $63,262.01 Total Net ��}/Increases/Additions Code A: $96,831.64 Roads Codes:0315-92273-563700-541-000-0000(B) ��€�� a°a��a�a��: 2200 10 % Contingency lncreases: 2004 Insta112' Concrete Valley Gutter 2005 Surface Course - Asphalt Concrete Type 2007 Install Base Course - 8" 2009 Concrete Sidewalk 4" 2010 Concrete Driveways - 6" 1 LS $28,483.08 ��'��,�#f�3.��} 174 LF $9.70 $1,687.83 7 1'N $110.00 $798.60 1,696 SY $10.00 $16,95910 2,783 SF $5.65 $15,724.20 1240.41 SF $6.50 $8,062.67 Total lncreases Code B: �43,232.40 Item # 24 Attachment number 1 Page 3 of 3 Page 3 of 3 Change Order #6 & Final Re: Lake Bellevue Stormwater Management Project (03-0080-EN) 1TEM DESCR1PTlON QUANTITY UN1T UN1T COST TOTAL COST Additions: 2013 6" Crushed Concrete Base Material 48 SY $7.50 $360.00 2014 ADA Truncated Domes @ School Cross 40 SF $28.50 $1,140.00 Total Additions Code B: �1,500.00 Total Net ��}/Increases/Additions Code B: $16,249.32 Water Codes: 0376-96742-563800-533-000-0000 (C) Decreases: 3014 Contingency 1 LS $5,705.00 (� a,"%'( � a.( ��; Total Decreases Code C: ��S„��.��} lncreases: 3004 Install Gate Valve (6") 3007 Miscellaneous fittings & Appurtenances 3009 Water Meters Relocation/Reconnection Additions: 3017 6"x6" Tapping Sleeve & Valve 3018 Water system piping � 6" PVC 3019 Water system piping @ 4" DIP 3020 12° Insta & Ez Valves 2 EA $800.00 $1,600.00 0.4184 1'N $7,875.00 $3,294.90 5 EA �285.00 $1,425.00 Total Increases Code C: $6,319.90 1.0000 �;A $2,280.00 $2,280.00 11.0476 LF $10.50 $116.00 8.8000 Lr' $18.50 $162.80 1.0000 LS �12,098.25 $12,098.25 Total Additions Code C: $14,657.05 Total Net ��}/Increases/Additions Code C: $15,271.95 Sewer Codes: 0376-96634-563800-535-000-0000 (D) Decreases: 3105 Contingency 1 Additions: 3107 Concrete encasement in lieu of 8" DIP 60.0000 3108 Sewer wye lateral connection 1 LS $2,287.00 (�i�?;�???`'.(.iti; Total Decreases Code D: ��'��'��.��} Lr' $24.50 LS 617.25 $1,470.00 $617.25 $2,087.25 Total Net �� z°�c��c}/Additions Code D: �� , ��} Total Increases/Additions PO: $128,153.16 Item # 24 � u u �¢ � � � Qow r w GRAND CENTRAL � ❑ _� � � U � 3 Attachment number 2 Page 1 of 1 PINELLAS � s � � � ❑ P�NE�'� � TUSKAWILLA ST Tuskawilla �� ❑ ❑ ¢ c� z �� w 0 � Qye� F�� Oe�` C LAKEVIEW q o� � � ~ �o W D ST g �¢ _ E ST �w a McLENNAN � ST N � � w � G = m BLVD. � �' w J ' WAY Q � o = � ' AVE WOODLAWN ST �� \o PROJECT SITE > > � Q Q c7 z Y � w SOUTH _ � Z J � Z C7 Q z Q o = � � � KING JLEY �� 1 I QUEEN Harvey Harris Williamson � 0 = w a Q � Vernon � ��1��^[TT��p w�%E City of Clearwater Engineering Department a, � Vl' �l ,.�, � S Lake Bellevue Stormwater Improvements Drawn BY S.K. Reviewed By: E.S. Scale: N.T.S. Grid# 306A S-T-R 2-2gs-15e oate: 04/17/07 Item # 24 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Tim Trager to the Marine Advisory Board with term to expire March 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Tim Trager MEETING DATES: 2nd Wed., 8 am PLACE: Marina APPTS. NEEDED: 1 Meeting Date:l/13/2011 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Tim Trager — 3314 Hunt Club Dr., 33761 — Risk Manager/Acctg. Manager Original Appointment 1/18/07 —(serving lst term until 1/31/2011) (0 Absences in the last year) Interest in reappointment: Yes THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. John Giotis — 851 Bayway Blvd., 33767 — School Principal 2. Paul J. Kelley — 667 Bay Esplanade, 33767 — Business Owner 3. Bob Luna — 774 Snug Island, Island Estates, 33767 — Mortgage & Real Estate Broker Zip codes of current members on board: 1 at 33755 3 at 33761 2 at 33765 1 at 33767 Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: �b %� .ti ��a� Home Address: Office Address: %L.ma� d'�' 'h-�- x""`�'�� * 8'S/ 13•��a- ,Biv� '4t�,� f�M!'� �� -.) egr�.�,,-�Y 6��,. FL zip 3..7�6� Telephone: �Ct/l� l�bd�-6Y�."`�t1� y��s I3 �' ,�. �Jo�� S�. �C.�,`.��- , r-� z�p 3.��i.3 Telephone: How long a resident of Clearwater? ..3 Y/Y'� Occupation: ��.eo% ��%�c;�cl Employer: 5�� - ��-�.tc• (4fc Field of Education: �� " (.� n � v , a� / j ��'.i� �. � yl. /�-?�4 — (-�,.�; �, a� S�,e,F�'e%1 C`�� /!t�' D— C.�..► r �, a+F I�r, Jy%lf- EliA ^ �J1�4%1_ t..�: J_ If retired, former occupation: Community Activiti Other Work Experience: s�.��a.Yr �.It. Pc+cr.r��.r�� S�Oo�ar A�l��.c.. Other Interests: ?�.�c- a. vc� ,s'{�ro..o ,�-kru� ,,, t; � ver,�,.,,�,�f- .,,,�' ��-►. c�-F¢1;� Board Service (current and past): Board Preference: C �-K�l�� .�,�a �'.�� pr; Ie, z a, t Dc.�cl e��,�{- Ag�P ( � 1rl w�� / 1� Vi,�O� Lipvd � G/lVi �OA/�iry}�•� ,�r�lee; t3oar� Additional Comments:_ I`Rs,,.��C�;�,.ca. o...� eri�ra.•,. �Il („� a-� ��- -� a.v a�1,.� s«� bo-�d. �•. sdd; fio,.. �� l; r,��. � �� .r p,�� -�� .�r r-��ks- �� tdv;lo�, beN� � L SY a.. .�-•s,rL e�c,/�'a.t. •-�? �ioJ..t�,'�..c.. Signed: �� Date: %1 1 �-�b d See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �� t��E� � ;; . . , _� ._�� ' � � ��1� �� '"��a.�C.��S� �a.;z .r,��,., � ,',r',..�. ��e��s'Fy� �Ex"��'�::� ��.�° ' Item # 25 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? �(A„ �oit��s' st�'� 'i'O i dtn�l''� i1J �el � /"'1C►� t`G D M/1 �4i. e�a�,oA�1 � d`�- � rY�'- CO�.�tG I,/ I�i�� la!' C �-�r /�a-..�.� � 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? O^ �-' �i 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? � f it � �'c�,. 001 /�' ! nC � PS. � T k�..sa '�. �,..�P c.v�' � ��j, -�c; s; o.� �'`�. o.� rt 4; �'+�oC' �, oodf. / � 1 �t 4 CoK.►titi-.,; ¢j- �:c�,`v,'l-�'- �. �dv � 7'�, ��`^�l.�.,�,�t,e, q,� v,'lor�. %cY�J l'►�rt o,� C� ��o�.t: I �c;Sio�j Q��,`s.�� 1�-v� 2 �,'-+Ga �7'orti .!'l.r�►`.�. c� �-t.e. C...,w�...,..�, /�}'j..�leryCa�..,�� et� �t /�C1$ �-.� �-.- .f3• �i�lJt��- S� A��S �l%; �h.e,C. W r%( 4 ��OV f"C.. 'f� �� l� i�' f i.t. �aw...d l.,. nn:n� // 4. Why do you want to serve on this Board? ��. I ou.e.. C��r�g-k-r ---� 3- v� -� �-t.��... r�,�. �. �-� , � ��efs tc.-�.. �e.e.�ll a� q/I ;� c,•�,•z�,,�. � .L �e � �-..�rf' � � l�, e,Kpc�; �c.. , �-..o� e..a-�� tc � 4-.� l.�.Ip � a-,,� ��,,; r� b°°✓d •� So �.�. �`0�`1 Board Name: %�} ��`�G!- ' �o�-t�,.�,,,�'�- �edG �br-+•.•�f" Up°%� o�.h a�,`� _�'��'�orid�- Z.°``.�- �e,le I c�D�,yf' %�'�� '� C Le i '�t.. � �'�ri �-C. /�� v� So�. �b'�u� � �� `�o.,�..a.�t-g� �4�,,,:r� IIo�� Item # 25 0 � Name: CITY OF CLEARWATER - APPLICATION FOR ADVISO (must be Clearwater resident) �� Home Address: �o r� I�3Ri �SP�� -�E Cl.6r�Rw►�TF(Z Zip 337�7 Telephone: � a� - `�a3 - �5 (o S Cell Phone: '` �� How long a resider.t of Clearwater?� Occupation: �vscNesS o�N� ,- s Office Address: Attachment number 2 Page 1 of 2 �� C� � �'1 (�_. � �� ....�. e.... �...� � a i � �Y .. 6�QQ� ' L+ i _°'' 7�i l � '(�NGr�55 S i PO�i (��c,N �`� Zip 3y��°� Telephone: �27- �3y �- y 3 oa E-mail Address: �c�-�I� �i� I �S�c��c�a..ks ��bm � Employer. (�v�FS� r�� 0�5 � vrvSl�� c, � � �v Field of Education: Other W�k �xperience: ' S ��o aF .� �5-CLR�✓n- �{7A�� -` St�Ow QvE� �+ G��SES �,l �y Qc.r+-� — ��ND�,�6 M��u�3c/L- L�/Lc,r.�tr2 ,C3c-r% �' l-�rA-�+v� r3 � O G G°�r�-t t�-� �� If retired, former occupation: Community Activities: C,o�c.��-t� n� v�/n,�; �� 3 � �� Other Interests: Board Service (current and past): �1�42 � r�� AJ� �So►Z.�( �o�f�� Additional Comments: Board Preference: �vt /-1'/L--t .v �9- � ✓ �S� �-i� �f O�� Signe : Date: /�� ofl See attac ed li for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 25 � BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? �i �s7 ►�� M �e✓� �� / �� _ a�o � Attachment number 2 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? VCS 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .�- ��Sr pGn1 i R-N �7 ��Si Ne5 S N'1e.� �3�2 OG �'o/f1 v�?�N� i y -- �J A S � � v �-(L-7 �,Vl �- M i3 €,2. 4. Why do you want to serve on this Board? -� 10 �.EWt d� � r� A LT i�� I n� ��E /h �2 i N� �✓�e c, o�tit e,.�r i /r� G��!-w A � �t— Name: �{ ,A ��. J < 1�E ��EY Board Name: M A-2� N A A.�v c S� 2`� � a'(�" � Item # 25 Attachment number 3 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC��t"J (must be Clearwater resident) �� L 1, , � , .� �� Ho� e Add re�s l`� � /,�� i� � / � .�J N �,(��c.ti.� " Zip�� v`�� Telephone: ��%�-?'`h' "��c� �� Cell Phone: %�7 �% '�°�-3� J How l�ng a r�sident of ClearwGter? Occupation: /`74Y�%'ft(9��' �t Field of Education: r��r�-�' � �- � �--, � ! �. c_,� If retired, former occupation: Offi ddress ��F��' �� d I.�GISiA1NE SRVCS pEP7' Telephone: E-mail Address: l�..�i Zlp r: `',�, C./ /V � Cr%%�G/��`� � 2�-�'/G�„�. • . • / ' • � ,� : - - " /I. f ,..1 _�ti .s � �y . �� - t� � i � Community Activities: '' ,r /��d/�'S , �/��`�"�'L`►� j � �d��l''I �3 �Y— �t�%��fid �� r � l Other Interests: • Board Service (current and past): Additional Comments: Signed: :�. • ' - � ;, �/ � � ' ' ' r, ,� '' _ , /� � L. � � ��.. 11i � � � i� � � _, ,� �, / �� , , � � � ` � Date: ��/ d � 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. Boz 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 25 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I Attachment number 3 Page 2 of 2 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? � �n�L•• r— •--.. ._._�a a— ��...... ..... aL.:.. []......,J� \ � �, < / �, /� Name: � � � :��G%�-i c Board Name: I[�'ii�:3�� Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY �0.��/�[�l (must be Clearvvater resident) MAY 19 2005 Name: Tim T er FFICIAL RECORDS A�Ip Home Address: Office Address: LEGtSLqTIVE ;RyCg p�Q7 3314 Hunt Club Dr Ctearw,�ter, FL Zip 33761 Telephone: 789-4178 How long a resident of Clearwater? 28 Years_ Oocupation: Risk Manager/ Accounting Mgr._ Field of Education: Acxountinq Commer�ciat Pilot license. Instrumen# rated & Multi Enaine r��! If retired, former occupation: 18167 US 19 N. #300 Clearvwater, FL Zp 33764 Telephone: 531-1700 Employer: MarineMax, Inc. Other Work Experience: Certified Flight Instructor Community Activities: Previously Cub Scout den leader Other tnterests: Boating with family �� Board Service (current and past): Additional Signed: � Board Preference: Marine Development Board Date: � Z�[ - 5 See attached fist for bo�di''ds that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Officia! Rec�rds & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. la/a9�lb �'e.� Mr. T�.�,�.�. �.0 ��o . e�. �"�- 5 wp �.� c ,�Ie�.,._, I I� .�.n^-�'�-i'�l 7�..� .�1,a.r„�,�¢, � ��°��s TC�Z� I r � . r BOARD QUE3TIONNAIRE 1. What is your understanding of the bosrd's duties and responsibilities� Attachment number 4 Page 2 of 2 Researching and advising the City Commissioners of recommendations to develop the �s marine resources for the benefit of the community. 2. Have you ever obssrved a board meeting either in person or on C-View, the City's N statlon? Yes, I have watched many City Council meetings on the television. 3. What background and/or quaiifications do you have that you feel would qualify you to serve on this Board� f work as a Risk Manager in the marine industry and have a good working knowledge of many diFferent aspec:ts affecting the boating environment. I have lived on Clearwater Beach for 12 years before moving to Countryside and throughout these years I have been a boater and I am currenty a boater using our public ramps, waterways and lakes. 4. 1Nhy do you want to serve on this Board? I have been boating most of my life and growing up as a chi{d some of my best memories are fishing, skiing, swimming and boating with my family. Now that 1 have my own family I enjoy sharing #hat time with my wife and sons on the water and I want to make sure that they and the rest of our residents have the same opportunities and access to the water that makes Clearwater such a special place to live and vacation in. I have read in the papers and watched some of the City Council meeting and most important{y used many of the facitities that this board would be working on and I think my perspective and expertise would be an asset. Access to the water has been increasingy difficult and ! see many recent devebpments that concem me and 1 would like to know that a family boater has some input or at {east a consideratbn in f�ture development �yr_cit�r: Name: l r� v � Board Name: a �:,� U e`0.o'lr�r P� / _ c0 I[�'ii�:3�� City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Approve a settlement agreement settling the case of Pierce 100, Inc., et al. v. City of Clearwater, Case 07-013950-CI-15. (consent) SUMMARY: This matter was mediated, per court order, on December 7, 2010. All parties participated in the mediation, either in person or by counsel. A proposed settlement agreement was reached, subject to approval by the City Council, that includes the following terms: 1. Plaintiffs' will deliver to the City a release of all claims executed by Pierce 100, Inc., and file a stipulated motion for dismissal with prejudice of all claims and an agreed on order dismissing all claims with prejudice. 2. Following entry of the order, the City of Clearwater will pay Plaintiffs the total sum of $110,000.00 in full settlement of all claims for compensation, inclusive of all attorneys' fees, expert fees, and costs of any kind, within thirty (30) days of approval by City Council. A first quarter budget amendment will allocate $110,000.00 from General Fund retained earnings to provide for the settlement costs under this agreement. General Fund retained earnings are approximately $16.3 million, or 14.6% of the 2010/11 adopted budget. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: N/A Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-010-07000-534000-519- 0000 Bid Required?: Other Bid / Contract: $110,000.00 10/O1/2010 to 09/30/2011 Amount 110,000.00 No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: � $110,000.00 None Cover Memo Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk It@Ill # 26 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for Multiyear Citywide Rehabilitation with the Florida Department of Transportation, District Seven, for aesthetic improvements to portions of various State Roads within the city limits of Clearwater, adopt Resolution 10-29 and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater desires to improve, beautify and rehabilitate portions of various right-of-way areas of the following State Roads, within the City of Clearwater: SR 651, Court Street Median SR 595, North Fort Harrison Avenue SR 60, Gulf to Bay Boulevard/Courtney Campbell Causeway SR 60, Fierce Boulevard SR 60, Court Street Triangle SR 55, US 19 and SR 60 SR 55, US 19 and Drew Street SR 60, Memorial Causeway The above referenced areas have been landscaped and maintained by the City under previously approved Agreements with FDOT (Florida Department of Transportation). Under FP 429468-2-58-0, FDOT has allocated funds for fiscal years 2011 through 2014 for such improvements. FDOT is authorized pursuant to Section 334.0444, Florida Statues, to reimburse the City for eligible expenditures. The maximum reimbursement for landscape of the referenced projects will be $100,000.00 per year based on availability of funding. Upon installation of said improvements, the City will agree to maintain those improvements in accordance with the provisions of the Agreement. The revitalization and landscape enhancements in these highly visible roadways will leave a positive impression on visitors and residents alike. Parks and Recreation has reviewed this agreement and determined that no additional maintenance costs will be incurred as they already maintain these areas and the new plant materials will have low maintenance requirements. Cover Memo Item # 27 Type: Other Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) City Manager 2) Clerk to Annual Operating Cost: Total Cost: Cover Memo Item # 27 Attachment number 1 Page 1 of 10 1 �1.��,ii):'�ml: 'r� �1j�1(9 ��I��l`N�1�'�f" �1�:�'1•�"� ��I�(r��1',�.�' �.��.�I��: [�1�,��!��.1��;�1�°:'�`.�. �"�I� ��1�°l �-1;�.1��+��1�; �41[�;i1'��1��:"e��[ �v�� {7�1°' f�±��1��£�:�I�°�I�'�. ��'(�i� '��i��.�f�I�'�^:,=�1�� [��"� ��'I��t 1�1�N��:'�[iil�Ei�:t t'��,' �� I`� �.(a�� i��a�Il��'� 6 , ��,z�f� ;�u��f �:��tir�� c� 4�� r� ��ar c�;:�� ,�` �d�1��. 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V ��u.°-; ,�:�a��.°��7�s:r�7�. ��;�a�'r�19��5 �rtl ��k�i�� c��,�v�:��t��. ��11 lw�: ��,��s,� f�t �� a3i3��tr��t°s� �i��=��t°��i��s-� 1�� : fi �g�� yE' ��°w�° �C��f�° �ai' �' i�ai°��i. Item # 27 Attachment number 1 Page 10 of 10 ��• ��yt � � �+,} �S� L�"}��,�'��:�'��,. C(ic ��i1'ta�'t,, 1`��'1`t`lt3 �7��5�; �`��ll�,�'�.l �?ld� "�l,�'1�,�,ET"I�"!;� lt;�. �� 4.:`�z,�°4.:llla'�� 17� �;�1� �a,,�1 �� ,�� r ��t ��1�� -; tt=°�s t f l �� )�. �.'�.�'.r1l�°�� .� � �;�� u� ��IY«�� i°�-�s��-��1;:�F1 „��, tl�E�a� `�t:�t�� ,F 1'��zc�r� �.i � : 1C��5�I; � ��ti3�'�� "�°, f ��a'�� ' � a.11't �j. ��itw, � ��:��}4 � �1 .��:'� �_�a4��.�� °r ��.�t�'; fi:};Ni'YqiydJ� 4 lk��,.�k�44�P1d.."4rr. `��;1 �l i�l � 1_.471�'li�:'� I�f:i'�1�".l�il �,'� t�1 1��:�"�;�;1�a�1��f:i�lt:�'� !�� , :`�[t�'w,1:`: .lS.Ers��°4't . �,.1{��a�'c..la�, l� �:,. �.�J1L"a �4.�1 tYj � A'�lltl]'�+?fLa§414iTt � ��i°Sxll1tl511:" ��I�ItI+�� `�a��"11 k:�,�°�•��it�° �c°i�tc,°l�,�r� i��:::="11,� E �°��v�l �� i;��,: {i�hi�:� k�f�tff�� f�.°�1�r{�� 't��ia��:�. �:�i,tr��[ ;r Item # 27 u c.� 4;rn i �) Attachment number 2 Page 1 of 2 RESOLUTION NO. 10-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PERFORMING HIGHWAY BEAUTIFICATION ON STATE ROAD RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA AT A MAXIMUM REIMBURSEMENT AMOUNT OF $100,000 PER YEAR FOR A TOTAL OF FIVE YEARS FOR A MAXIMUM GRAND TOTAL OF $500,000. THESE FUNDS WILL BE SPECIFICALLY APPLIED TO CITYWIDE LANDSCAPE REHABILITATION PROJECTS ON PREVIOUSLY LANDSCAPED AREAS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation ("FDOT") has funding available to further the beautification of existing roadway beautification projects ("Project Highways"); and WHEREAS, FDOT has requested the City of Clearwater, Florida ("City") to execute a District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement ("Agreement") for performing Highway Beautification on State Road rights-of-way within the corporate limits of the City of Clearwater in Pinellas County, Florida; and WHEREAS, the City Council wishes to authorize the City to enter into a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for Multiyear Citywide Rehabilitation with the State of Florida Department of Transportation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clearwater, Florida: Section 1. The Mayor is hereby authorized to execute a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement, attached hereto as Exhibit A, for portions of the following roadway located in Pinellas County, Florida (the "Project; Highways"). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2011. Frank Hibbard Mayor Item # 27 Resolution 10-29 Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 2 of 2 Item # 27 Resolution 10-29 City Council Agenda Council Chambers - City Hall Meeting Date:l/13/2011 SUBJECT / RECOMMENDATION: Appoint one member to the Library Advisory Board to fill the remainder of unexpired term until February 28, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Jan Regulski MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED FROM THIS BOARD AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Bernard Ward — 2706 E. Grand Reserve Cir., #1118, 33759 — Original Appointment 02/OS/09 Resigned 11/4/10 —(was serving l�t term unti102/28/13) THE FOLLOWING NAME(S) ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Paul F. Brown — 904 Druid Rd., 33756 — Operations Supervisor/Finellas County Health Dept. 2. Kim Kenda - 2689 Redford Ct. West, 33761 - Assistant Teacher/PCSB 3. Barbara Ann Murphey - 1304 Jeffords St., 33756 - Retired 4. Paul S. Zimmermann — 1474 Excaliber Dr., 33764 - Minister Zip codes of current members on board: 1 at 33756 1 at 33761 2 at 33764 2 at 33767 Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 4 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: � � � t��0 wrV Home Address: QD y ,l��ev i.d �� Cle�ir,,�Af�„ zip .�3 7SE' Telephone: 7a7� �`�'9 � sa� $ Office Address: 3�� ,v. �n j.�� ,o v�' C� crr ��.•.•��' Zip .�.� 7_S"S Telephone: 7a 7- y6 9-.Sg4� vC /3 � How long a resident of Clearwater? � ye A rS Occupation: OPc�Az'rvr-S S�pc�v� � Employer: �Nc��i�.s �' ��'Y l��°hL7� �cp�' Field of Education: Other Work Experience: uN � i�t'es ►�'�/ d� SI7V�h �(�o✓ � �'n w►ps�rE��s �Grec L�BrA�y Sc�cNC e �- � • �I ► s-�'v✓ If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Additional Comments: Board Preference: /• G � 3r.o�y �o �ov-.� Signed: � Date: � °Z �3 � v See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & �egislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ��''��. �� Pr�i�:�a. d��1.,��7� �� .E{�p51.A�1b� ��'�',� ��n # 28 Attachment number 1 Page 2 of 4 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? �c7.�v�se �� ,�A►�y .��rccT�� a�•a CQVNLi,L. ��, G��►�p� a,��,,--�, �.tis f P►roG,�,o� s 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 1/i�.S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? � f'IpYe .o �oS��'S ?�e6 rcc i..� G��s'✓n /�a l N�A'� nr A�/ v/V .� L/ c I�-�- � 4. Why do you want to serve on this Board? � (N,o�T �T'o ��'R1�� ?'�� Co✓hrrlv.,. � �'�. �"'7�� " �' Gi v< ,o r�� ✓ �✓�K � iv Name: �i� V �- i3�'v w+�J Board Name: L/ �'�'� �% $0��'� Item # 28 Attachment number 1 Page 3 of 4 Paul F. Brown 904 Druid Rd Clearwater, FL 33756 Telephone: (727)599-5208 E-mail: pbrown32455@yahoo.com Education University of South Florida, M.A. in Library and Information Science Universiiy of South Florida, B.A. in History St. Petersburg College, A.A. in Humanities Colorado Institute of Art, A.O.S. in Music & Video Business Management Professional Experience Florida Department of Health Pinellas County Health Department, Clearwater, FL (2006-present) Office Operations Supervisor I supervise the clerical and administrative staff for the Bureau of WIC & Nutrition. I continually monitor and evaluate the training needs of the WIC Staff and make recommendations to management accordingiy. I am involved in departmental budgeting and resource allocation and I am responsible for preparing the monthly expenditure report to the State office in Tallahassee. I establish the agenda for the monthly staff ineeting and arrange guest speakers and trainers to meet CEU requirements of professional staff. I conduct audits of the WIC Clinics located throughout the county to make sure procedures are being followed according to State and Federal Guidelines. My computer skills are above average and I frequently serve as an un-official IT support person for my department. I assist my colleagues with computer related technical questions and help troubleshoot computer performance issues for them. Professional Recovery Network/Provident Drug Testing Services Senior Account Manager Oca.la, FL (1997-2006) I acted as a third party administrator for random drug screening programs. Responsibilities included contracting laboratory services and arranging specimen collection to perform urinalysis testing to detect the use of illegal drugs. These drug screens were not pre-employment screens but rather part of an ongoing testing of people in highly professiona.l occupations that had been identified as substance abusers and therefore required to submit to testing in order to maintain their professional licensure. I received daily reports from the laboratory and I would in turn, submit positive reports to the Medical Review Officer for confirmation. Daily, weekly and monthly drug screen reports were compiled and prepared by me and submitted to the company clients. In this position, I travelled extensively to meet with the company clients as well as the contracted laboratories. I[�'ii�:3��: Attachment number 1 Page 4 of 4 Denver Automotive and Diesel College Department Coordinator (Denver, CO 198'7-1996) Denver Automotive and Diesel College is a private two-year technical college. While working there I served as the Department Coordinator for the Applied Service Management Department. In this position, I supervised a staff of three instructors and an administrative secretary. I was responsible for assigning teaching schedules to the instructional staff as well as curriculum development. I also taught courses in Success Skills, Applied Service Management and Automotive Technolagy. I tutored incoming students in order to successfully take and pass the G.E.D exam so they could enroll in the school. I actively participated in school governance and served on various committees pertaining to proprietary technical schools. Computer Ezperience I am thoroughly familiar with all MS Office Software Products i.e. Word, PowerPoint, Access, Excel, Outlook and Internet Explorer 6.0 & 8.0. Also experienced with Firefox I have developed computer da.tabases and used various business invoicing software. I have designed websites using Adobe Dreamweaver 4.0 and am familiar with XHTML Academic Honors Phi Alpha Theta (Honor Society of Historians) Item # 28 Jan 07 11 02: 18p Bi 11 Jonson 727-787-3964 AttadRm�ntnumber2 Page 1 of 2 ClTY OF CLEARWATER - APPLICATION FOR ADVISORY B�ARDS � (must be Ciearwater resident) Name: K� n� l[-�en� a. Home Address: Z�g�? Qcc��o✓� G�� 4�Je�-l- GI e�rvva.��r Zip 33 `� � ► Te{ephone: � 2�. �8`� � �0�2- Office Address: '7 C� I I(D� S� � Sa�3iv+ S-F-- t�e-{-��SbwD1 Zia 33'1 n� Telephone: � 2� • r3�3 • 2�f o�o How long a resident of Clean+vater? `� • 6�t ea+�S � �ccupation: ��sis-F-��+ Tcc��t��-� ��Ww1t�,G� Employer: PG� g��t� l�opki4�� M1C�cll� �c4iaal Field of Education: LOMM UVI i CCt��'t i S�VL( �Z7 IkY� --- g. A- Other Work Experience: C��Zi�l^fG i��r�vt � 1��1Y�v-l-ist►� � -SV�VV�StiY �C USA i od��( 1��lv�e��Sin� j�d ��f-�r �,r- l�Vie�GC� i�t1�J(.i��i�+� -bwI4S- 1# retired, former occupation: CommunityActivities: �4-c,�.�r�i Q�- �L�,w�h- G�+� (C��2n1 �l�►�is-� av�i grt(��GS pvD�-��5; �2 �.c� �� c� r( d,3,e �1 - sPa�; -'�T+� b,�rc vd n�e�e �n �e ✓ �;�+ i-a,V� St � C�t�� r�.��v��uv�( . T Other Interests: A�✓-� � P G✓�S ,�� G�d- i�� , G�t,%"S � Board Service (current and pasi): Additional Comments: Signed: � �, Board Preference: i� �irCt.vy Q.�. V� 5U�'�1 blx� ✓d Date: i•'�• Yc��E See attached list for boards that require financaai disclosure at time of appointment. Piease retum this application and board questionnaire to the Official Records & Legisiative Servives Department, P. Q. Box 4748, C(earwater, FL 33758-4748, ar drop off your app{ication at City Half, 2nd Floor, 112 S. Osceola Avenue. ��. �AN 0 7 2011 ��I�I� REG�R�5 /�� Item # 28 L�lSl,�►TIVE SRVC,S DEPT Jan 07 11 02: 18p Bi 11 Jonson 727-787-3964 AttadRrr�e�tnumber2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding af the board's duties and responsibilities? T'c �'Sc,vsS. fdeCcs ui�d Cc�v�.�Lc�S � C�u�d +n��f2�ew-t" CiR.�cvt�S Q S v� eeQ ��t �-e Q i'n-� � l �t S Gc�.�+-� t� b r�cc. ��'e S� 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? �{eS } C-Vicv�/. 3, What backgraund and/or qualifications do you have that you feel would qua�ify you to serve on this Board? '� a rv� �cc w� r t i� at� w�-F►� v,�_ a_� of -i-�� i�vze �r�r �w�� wr s_ t�r� ��n w►r' I� �� S..�Q�ev�r� ��.� -h�n�� -F `h�� l i b�a � �� c.�� 2a� ev�� a�-cc' w�.a ��-� s�.aus, s-iv�► ho�•�� c�-r�d s u�,z.�.e�� '� G-f � v�-1-i �.5. fYrl h D1G� ev s�X} C� ��s� �-�1 s{�G��-E,-u' P��r i v� `1vi.Pi � (J.NiM�iL� V`i��-{�� P �q�M • 4. Why da you want to serve on this Board? To �.c�v��h�i �S-� w+. ��p-ev�s�c �-4�ti:� t�.�� a�.d-+ �.� �� >� Lr bvav�'eS . Name: Soard Name: Item # 28 Attachment number 3 Page 1 of 2 CITY OF CLEARWATER — APPLICATION FOR ADVISORY BOARDS (must be a Clearwater resident) . _ ;.•;.•. . �� Home Address: 1304 JEFFORDS ST. CLEARWATER, FL Zip 33756 Telephone: 727-442-9773 How long a resident of Clearwater? 42 Years Occupation Retired Field of Education BA (ENGLISH/HISTORY) MEd MLS Office Address: Zip Telephone Employer Other Work Experience TEACHER LIBRARIAN If retired, former occupation: CITY OF LARGO LIBRARIT DIRECTOR (38 years) Community Activities: ROTARY Other interests: TRAVELING Board Service (current and past) NA Board Preference: LIBRARY Additional Comments: I appreciate consideration of this application, and hope that I can be of service to the City. Signed: � Date: U � ( See atta. ed list for boards that require fin cial discl e at time o ap intment. Please return this Appl' tion and board questionnaire to the Official Records & Legislative Services Department. P. O. Box 4748, Clearwater, FL. 33758-4748, or drop off your application at City Hall, 2°d Floar, 112 S. Osceola Avenue. ��'�� ,r. JAN 1 � 20ii ��5�l,A�. RE�;�JR�iS A�a� �4SL� �� " Item # 28 Attachment number 3 Page 2 of 2 BOARD QUESTIONAIRE 1. What is your understanding of the board's duties and responsibilities? Library board members serve in an advisory capacity, providing advice, support and advocacy. 2. Have you ever observed a board meeting either in person or on C-View the City's TV station? No, but as a library director I have had 37 years of interaction with an advisory board. 3. What background and/or qualifications do you have that you feel would qualify you to serve of this Board? • work experience in four different libraries with different responsibilities (children's/branch/reference/administration) • knowledge of the locaUregionaUstate library environment 4. Why do you want to serve on this Board? I would appreciate the opportunity to become involved in the library environment again. Libraries have been a life-long passion. I believe in civic responsibility and volunteerism. This is a volunteer responsibility for which I believe I am fully qualified. Name: Barbara Ann Murphey Board Name: Library Item # 28 � Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: T6Fcic- .�. 2i.cZ��l��tv�_ ---- Home Address: (�?� �� - ��ry�c-�!z � � zip 337��/ Office Address: /G�� u�s�,� ,�,v� ��C,�L..v�,9� � �� Zip 3�lS Telephone: � -- ?Z�—��z--9�'9� Telephone: /— �y7-4�o'L —�D�O i How long a resident of Clearwater? ��.� Y��.¢2�� Occupation:�'iivis��iL Employer:�z�zs-,� �?��i�L�.�.s� Field of Education: Other Woric Experience: �,�. ---�✓�a,e�i �.�.y�/',r�lA� �� .� ,u�nr,a�,�u�iv`T � �l.l� r�. - �ll�e� o� .�vd�rzi'�i �f1i S� GL'e.?tic,� �i�' dl�� iit/ C3f�A'i'�1N'ry>�'A�,r� If retired, former occupation: Community Activities:�,Q1�•� �.�g, �-�-��/ ��>n.er�,� �y�s��,e� Other Interests: i�€l�.tl,rre �%3 -t�c�r-rvc��y,TGO�t�i'��c,�ncti�S Board Service (current and past): Board Preference: ��J��/ �a�/�/J Additional Comments:l�� 'i�.v,�� „�. sa�o �i,�c- ~r�i.�'�,�6 :� �v��y .B� G�v�� t/,0'iY� � �iues7v� G.��.�trp �-- Si Date: See attac ist for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Seroices Department, P. O. Box 4748, Clearwater, FL 33758-r4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ��D ��i�� 03 2010 � ��FICI�4� RECOR6� �� Item # 28 �� . �ISIATNE SRVCS DEP? Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? /U�l'' dt'/Y.Ot�'s'7.�ixDirv6 �� Xra- -�-/ J�� i5�ay �o.as1-.11 s �f.1:�� Oo�1��9i��Ti 6�' is �!�- . > 'T .��l�S 7D .�-�(/�I�C� '%�� 4�+.lir�t!l�iL'i:3'.5� �rA�r ��6 Gt`� �✓t' ��i'l��,� k 1.�.�1�',e�r��,�-a, vE J.rlo,e.�s,�lo.t� ,��i�s�,o s� �9- /��v� ��' 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ��5; /G1�7Zf� ��'iYlr/ ��a- .��•9� �'�?i.vLS , , 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ��r� v'�' ��ri�e�2 !ti'ir1� Poyr�' ��s� �i��,�r�v�°.E, . -��rr.�.a,.��% i,��l6��N4� � �FFi Nb . --L A�� l��it�,4-�z_ i;rJ�i� °>1tE=� � Q?r'= �Q.�l�tlsli7iYr'l�JimiYS i.V�lL,l��i.af `i��'kn/e�'ir��.s��'� Q�fAIY�� .LtA�'�f�Ill�iyT, 4. Why do you want to serve on this Board? .�iv 776�- �u�r' �rtt�s �G�/ i�Pa,Z��r �D�Z�irr�r3� :.��f/�� Gi�i.�/Ar�- DiL.S��/F/�f ,"r2,�t-tS�t�"-F� i�.s"r=r�GlE ,� FFf� i� .i.rt��o�,�ir�v-� I�,+P�SfSO-`'� �.y.,O��Nc� d.��d/2 L/.3�,�tilc'f ,�"f�'v<'�ia�i �iGGlI2t.�� AG �TS QU<T!s/.�G //j1PC/liA�✓r.� 7a �ll,/L l��i?Xduiv� iYl, Name; �� `� • �i��IF��Jgi�'/� Board Name: G1�r!-/,y�' ��/iso� /�� Item # 28 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction to and appoint the Charter Review Committee. SUMMARY: Meeting Date:l/13/2011 The City Charter requires a Charter Review Committee be appointed at least every five years, appointments to be made in January preceding an election. The Charter also requires there be at least 10 members, all of whom must be Clearwater residents. At the time of appointment, the Council provides direction to the Committee regarding items the Council would like the committee to consider. Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 2 CITY OF CLEARWATEFt - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name:�,��c�� G !) � Home Address: Office Address: /R�aq US! 9a �� `� ��g ,� Z�p � 37� y Z�p Telephone: �• �/'7.� 4 �f /.�' Telephone: How long a resident of Clearwater'? � V�-. Occupation:�sl� Employer: Field of Education: Other Work Experience: �%A��j�.cll - ,9�7Gas�i� If retired, former occupation: ,�"' /c - ,�i� _/l.ldG- /j%%A�V'.�E A��s %� Community Activities: �,�fa,,�. (��f�,�'�t� . Other Interests:��[,(�F�tf� �ID/l�9lJ,,q��S A �rrJj%� Board Service (current and past): Board Preference: � A�o.tl� C�ioI�,E � �/l��tJ L'P� /14M t ��E '•• • . • - i �� , i,. � /% �Uu_ . � i.� �i �,i� i L` /, :� 0 �� _ � � I��/L/ • � _ ' I J See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. REC�IVE� JAN 0 � 2�11 �F��' ��5 �� Item # 29 LECISL411VE �RVCS pEP�' Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ?: ��.v�,,r�t c,7"y c°��%� • �'f�Lo MwtE � c�1�,�s i�,�r� �ss�v�r� - �,r�A��F.� �a�/�r� 1��! 6a !� �n �l��i� �idiu 2. Have you ever observed a board meeting either in person or on C-View, the City`s TV station? l/�s - ��' / D� � ��o�s' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? %%�'�� -!�� A /Ta9 �i✓ � 1Zlll� . - . _, • _ . � �y,�? ;%� �o�/� ��1� 4. Why do you want to serve on this Board? � i . /.r. - .'/ � • � �r - � � . � � r fi' h = � Name: /�. �dS :.. . f� . �f'i �i' �I�i!/ . . ,, _ / Item # 29 Name Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR CHARTER REVIEW COMMITTEE (must be Ci of Clearwater resident) t�1 � ��1 �-- f�. ,�- � C. � c� C � Home Address: .7 � --�� --�� ,� 3 r � / C� �, t� z� S Telephone: � � � J b � �(� Cell Phone: How long a resident of Clearwater? � U Occupation: ��-�� Office Address: Telephone: E-mail Address: ��S Employer: Zip Field of Education: Other Work Experience: , f .� �t 4�' � � � G C �(F'j�,� �-Z( 5,�� ,� .0 � !��-% � ��C — �.4� ,� u.-P� c, i � l 5�-�z1�°S � ��K ��J S� o�� r�a r G,�. � C� ��J S��U s c� ��— � �� If retired, former occ Community Activities: �'l.'� � Other Interests: � �--� ( � f ��G � C Service on City boards: (current and past) � �J ' �, � �. ��- �rc. �t � ��- d �}� rP (� C,�-N �- _ �.. �-. Addi ional Comments: .�_�s � � �- _ � -- �.l � 1�dS � � � /� C� � � C� Y ��' '�I � �a�l�j � ;�' Signed: �` � Date: �� D Please return this application and questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ��"��`� , ��..sa .� �r �� . � �� _ � �.6� � ��'_� •� �y �� p" q}, Item # 29 g,..,. .a � ,. r_ ��-.. , }. F - 4, �N�4�§ :m.t`� .xF� i � Rev.9/24/10 COMMITTEE QUESTIONNAIRE 1. What is your understanding of the committee's duties and responsibilities? .� �...�--t��— �. �---�—��. , s Attachment number 2 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this committee? F T `��1J �, V� C�_ . „ , _ . . ' 4. Why do you want to serve on this committee? � � (� � � , � �. '�^�S��S�. � ; �-�� ; � � Name: � � � G (.� �--�--- � Committee Name: � � �(� ( � I� k�V 1 � (� Rev.9/24/10 � � Sc Item # 29 � CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) � L� Attachment number 3 Page 1 of 2 Home Address: Office Address: �5 � ��+�� L �'_l_EhQ��'4- j L��- Ziq 3��E1-] / Ziq Telephone: � Z� ,�r �Z-, Z� �2� Telephone: How long a resident of Clearwater'? q�. ��--5 Occupation: 1�'t � R.-b� Empioyer: Field of Education: � t�� ; � �.1G i, ��R-- l.�C� Other Work Experience: 5 ��- L�hSE ►''� ��66t►�1�� 4 F� -� 1 ��, �� „� ��P l� �Z-��Sa G�t�l— s�u �c.�..--��s� G�Q I�Z- � 9��1 If retired, former occupation: I"a��'��' �— S� �s� -- ►�K'�"�L/ M' �ss � K.� Community Activities: C�D-wti.'-s,IL_ ��t�l �SSz�G��; �o.� . ��+.R�� -�slL i�£ L(� t-�-T�OL._ �'c�t..['i�r��7 � lTi� ► . �1z l�J-�DS � �� (-�V3 P,h�( �- �C- �'�� il Other Interests: S�. • - - - • s. /� �, ;i//!� ��/�/ / � //„�� ,;i��,, � �e - ; --, �! ...,;,,,��,, , % � I�:✓.S �iG�/•./:: .a:.i-.i� +- ---i c �.�. , %sl��' a...Y s / � ♦► � • �� ► �� Additional Comments: � F'6 !� � E16 Board Preference: Charter Review Committee Signed�. ` �•-�- �� `�-� Date: �� 6 � � �� See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records &!.Q^��tive-.S@NtC.E.G �Q,.na�'mE'n�.,±;-p, O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. R��`�� DEC 17 201Q �tF��. t��:;��:��a ,��; �.EEGI�L�►�1VE Sit�/C.5 �7�p'` Item # 29 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? 1� l� �(s � S� -�r� a� F�=2 SU Ca-C�E.S� c�`Yj `T�,�'t� lt� � � � N�L.v E►.�us- c-1c�.� � 1 �G � r� ►� -� �tl-�r�C-6 � �5 �.� � L� � cG- a� ��a� �� tE� 1�t.ko.z+��.�►�� a� ��r ..� -E�.�-tt� �.�c.C9 � � �.. � hLr-t�( a�' L�IF'E-. l 2. Have yau ever observed a board meeting either in person or on C-View, the City's TV station? �O�►.`IL�L ��G. � �VUQ�"�'� ��`-�lo►^�� NC-l` ��S C D 8 �� C._ C�c- � Crn�.P �t� �'s•�4 l�`� 2«>� 3. What background and/or qualifications do you have that you feel woutd qualify you to serve on this Board? � ��... ��c..�.�� 5�� .�.��..�� ---., ��,., � ov.�t �.�.-�,� L►.� G�� C-N� ,�� l� �`��5 �..P- � U � t� c-� �t�- � �� 6.�t �4? �o d� 4S5 c�E� (,v� t —1�'r5 ��+�CI �G � u i�t�`c�( n� �F� 4. Why do you want to serve on this Board? —1 o G� r� r-� � R►,,.3. ��. 1� 4v��- C�M.OI(,� r� n'�( �t�T� Gll� W�Tt� �� `s�k�r.�L tb�G � t �Q �� 6Q-��- �� hLl i Y �D � �--� � � - � • �al 1� �f� c.e� P�J�-� Name: �`"`_°'�G�� Board Name: C�� ?�'� lt� C—��. ��CC'� Item # 29 Attachment number 4 Page 1 of 3 CITY OF CLEARWATER - APPLICATION FOR CHARTER REVIEW COMMITTEE (must be City of Clearwater resident) -� �.�/,�v%.� Name: ;�f �� __ Home Address: /8�~l �- ��Yl%��_ �'<�'�` , �l z�p 3�-�` Telephone: �� G � � � `�/ Cell Phone: �¢--� How long a residert of Clearwater? Occupation:, � � a'�-�✓t� ,�`/�T" Field of Education: � -,/''��=,��G�I7-,�,/L/I� (/yi%�' � �s�-r�� , _� If retired, former occu Community Activities: Other Interests: Office Address: �� Telephone: E-mail Address: ,,��h�' �'��i� ,�.� Employer: ��/= Other Work Experience: i��'�i/Lr ��r� ��. ,� ��r-r�, -� �.��- �.� Service on City boards: (current and past) Additional Comments: r� . - �� r�� V � r '�� v Please return this application and questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ��.. �-�� N � � Z�ii '��'�5�.�� :�;��;,�� Item # 29 LE�ISL�T�E � �`�� Rev. 9/24/ 10 �2.j Attachment number 4 Page 2 of 3 COMMITTEE QUESTIONNAIRE 1. What is your understanding of the committee's duties and responsibilities? �.-r-, n _ � „ _ „ .� � "�i-� � - �l - - ./ � ✓%.") 7�/T� % �<' /�il I�i-1 i . �/ J�i� 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? , �vJ�a�';l?,�� `7/�%%s 3. What background and/or qualifications do you have that you feel would qualify you to serve on this committee? � w , %^ ��%�''1� , ��,� /i� L 1��1� -',� //i�12�� I�J ,�%'�,�� a�I r�- t/17� 2 i�.� �► %`2l/� G��o ��y� � r3' �S' �i��S.l1 a '" '' ,/. �� f .�, � �L�1!/ ./�.r'--= �;- �/ /s+.T� . - - — �i ��// � / � � ' ► t r ,� A' � � � � 4. Why do you want to serve on this committee? ��,��.�"s�'�. ��:1� _--___ Name: !� !f.lU_G!� ��6%✓\�� ,�_ � Committee Name: ��/ . (J� �L'/� Item # 29 Rev. 9/24/ 10 Attachment number 4 Page 3 of 3 BRUCE A. DENNIS 101 13T" ST Belleair Beach, FL 33786 727-688-7171 bdennis3@yahoo.com SKILLS & OUALIFICATIONS CUSTOMER SERVICE SALES RELATIONSHIP BUILDING ACCOUNTS PAYABLE & RECENABLE G/L ACCOUNTING FINANCIAL ANALYSIS BUSINESS DEVELOPMENT CAREER EXPERIENCE PROPERTY MANAGEMENT Company in own name, Clearwater, FL 2008- o Manage, lease and maintain residential properties. CUSTOMER SERVICE REP Progress Energy Corp, Clearwater, FL 2006-2008 o Satisfying customers by quickly solving their problems/issues and answering their questions. LOAN ASSISTANT Countrywide Home Loans 2002- Equistar Financial Corp, St Petersburg, FL o Business development and Customer Relations/Support at mortgage lender. o Building market share through sales efforts; improving proftability. o Processing and underwriting loans to conform to FNMA/FHLMC guidelines. CASH MANAGEMENT ASSOCIATE 2000-2002 Altera Corp, San Jose, CA o Domestic and international cash & liquidity management; notional pooling facility. o Stock purchase program, financial risk and investing programs and bank relations at $2billion hi-tech manufacturer. o Short-term (2 years) investment portfolio management; managing returns and credit quality. o Accounts Receivable and Payable, Accounting processes and SEC reporting. TREASURY ANALYSIS & SALES Entergy Corp, New Orleans, LA Banque Nationale de Paris, Los Angeles, CA 1996-1999 o Global cash management and short-term investing; improved results and operational efficiency re accounts payable/receivable. o Capital Markets (off-balance sheet products) and related economic risk management. o Relations with banks, brokers, etc re maintaining and improving services, reducing costs. o Corporate debt issuance, acquisition/divestiture and forecasting activities at $10 billion utility. o Grew treasury desk at branch of world's 12th largest bank via implementation of marketing and business plan, to desk's attainment of independent economic sustainability. o Foreign Exchange and Capital Markets strategies for implementation at the corporate level. o Economic analysis, currency & interest rate forecasts for corporate treasurers. EDUCATION BS Finance - University of Delaware 1985 [�'ii�:3��%7 � Na Home Address: Attachment number 5 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) �1�,_1►� �' �1 �1 ��'o �a. P�r�s C.�r�le� �' ! C�" �L- z� p3 3 7 6_ 3 Telephone: �ai �9b " �'i3 �'/o� How long a resident of Clearwater'? �'"iO � t'� Occupatiorr. �L��l'�,Yl� SG�-1��..$ Field of Education: Office Address: � 555 �'n -�er�rr S� _ c I c�-- �=L Z�p 3J�� 3 Telephone��o�� q(� ��a �� Employer: Other Work Experience: � � � '� • I �� i .L _ � � �_ .: �L�� ' / / L / If retired, former occupation:_ Community Activities:_� _��l� Other Interests: h�r� � Board Service (current and past): �rr�ments ��'�� Signed:. /i�' . Board Preference: Charter Review Committee Date: �. j,��. ,ff 0 See attached-Iist for boards that-requirefinancial disclosare at time of appointment: Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. . �.: JAN 1 � 2011 OFFICI� R��t7��S Ah1� LEGISLAT6i�E � �'�C;S DEPP Item # 29 Attachment number 5 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? . � � 3. What background andlor quafifications do you have that you feel would qualify you to serve on this Board? • L � .. � � ��l7/ � 4. Why do you want to serve on this Board? __ _ Name: ,�l �1�� d�� _ _ _ _. _ _ _ _ _ _ _ _---�- Board Name: Item # 29 Attachment number 6 ��e 1 of 2 v D�,c. �s, ao�o CITY OF CLEARWATER — APPLICATION FOR ADVISORY�A�b��Q (must be Clearwater resident) ��`� ��.�� Name: Nicholas Fritsch Home Address: 1310 Gulf Boulevard unit 8-D Ctearwater, 33767 Telephone: 595-6528 �.EEG9SLA�IVE S�RVCS �EPT Office Address: retired cell phone: 723 - 5171 How long a resident of Clearwater? 17 vears Occupation: retired Employer: (former) Eli Liliv and Co Field of Education: BS Economics, 12 credit hours toward MBA Other Work Experience: Pinellas Countv General Services (temp) and Purchasinq If retired, former occupation: Deat. Head of inechanical trades at a Fortune 300 pharmaceutical research 8� administration campus. Community Activities: American Assemblv Process 2002, Pinellas Countv: TBARTA CAC 2007-aresent, MPO Citizens Advisorv Comm. 02-aresent, Pinellas. Ctv. Belleair Brid�e Replacement Citizens Involvement Comm.; Pinellas Countv — General Services intern and "Partner in Proqress Award nominee" 1995, Citizens for a Better Clearwater supporter, Paint Your Heart Out Clearwater 2001- 2010, The Summit for the Pinellas Communitv, Bi� Brothers and Biq Sisters of Pinellas Countv 1999-present, Big Brother of the Year-2008, Job Coach-a Life Staqe Christian Ministrv for unemployed. Sand Kev Civic Association —aast aresident, va, chair $ cochair of Beach Comm.; Belleair Brid�te Citizens Comm.i past Liaison to BIG-C, Charter Review Committee 2003 Other Interests:Attendinq NASCAR races Board Service (current and past): CDB 04- & president of a national trade association. present, national trade assoc. board 4 vrs, president � 1vp, Purdue Universitv Club of Tampa Bav- aast president, secretarv, Jollev Troltev Board - member Board Preference: Charter Review Committee member Additional Comments: I eniov contributinq to issues that are important to the Citv and the Countv: esaeciallv transnortation. economic develo�ment and 1 resuect the citv leaders an staff. Signed: Date: Dec 14, 2010 Item # 29 Attachment number 6 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To review the elements of the Citv Charter to select and evaluate if there are portions of it that merit recommendinq to the citv council proposed revisions that miqht better imqrove, protect the citv, its interests or better serve the residents. 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? Yes, both in person and on C-View 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I served on the 2003 review committee, presently serve on the CDB and am a graduate of the Clearwater Citizen's Academv. 4. Why do you want to serve on this Board? I have deep understandinq, appreciation and love of the citv. I have more than 10�ears of volunteer service to the citv and the county. I have prior service on the charter review committee and communitv development board. Name: Nick Fritsch Board Name: Charter Review Committee Item # 29 Attachment number 7 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Jack J. Geller Name: Home Address: 1860 N. Fort Harrison Ave., Apt. 402 Clearwater, FL Z�p 33755 ✓ Office Address: 2560 Gulf to Bay Blvd., Suite 300 Clearwater, FL Z�p 33765 Telephone: 72�-�85-9987 Telephone: 727-210-2533 How long a resident of Clearwater? 5 years arper, ynes, e er, reen eaf, OCCUpatlOtl: Attorney Employer: Vogelbacher & Frayman, P.A. Field of Education: B.S. in Accounting. J.D. L.L.M. If retired, former occupation: Community Activities: Leadership Pinellas Other Interests: Board Service (current and past): Humane Society of Pinellas, Inc. Worknet Pinellas Early Learning Coalition First Citrus Bank Additional Comments: Other Work Experience: None. Board Preference: Charter Review Committee Signe . Date:____ / ti- /� �,� � See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ��E� DEC 2 q 2010 �rFiCIAi R�C��CiS ��Ea� LEG�SLATNE SRVCS DEPi' Item # 29 Attachment number 7 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Review of the City's Charter and determine what changes, if any, should be proposed and brought to voters. 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? Many years of community service on various Boards. Professional and educational background. 4. Why do you want to serve on this Board? To give back to the community. Jack J. Geller Board Name: Charter Review Committee Item # 29 Name: Attachment number 8 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR CHARTER REVIEW COMMITTEE (must be City of Clearwater resident) U Home Address: ' o� � 7 I�' l� c� p w�a�. � � Y' . � l�;�,,�.� a.,,� �.�L z�a � s� c, 1 Telephone: "7 02 �1 �� 5- 5^fecQ 7 Cell Phone:_ __� a� �e ► Z—?� 2$' Office Address: Telephone: E-mail Address: How long a resident of Clearwater? � 3 ►r'S Occupation: � ��r �. ( Employer: Field of Education: Other Work Experience: ____� (4 �„�,. E� �� s I� M S � H i1 �crn� a u c. uv� �nl� If retired, former occupation: Community Activities: Other Interests: Service on City boards: (current and past) �i Gt S'i� � t 4. i S/v� � s P.ver� �c• Additional Comments: Zlq Signed: � o�„ Date: O 1� O t� � Lo/ ( Please return his application and questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S_ Osceola Avenue. �E��E� JAN 0 f ��11 C�=FiCIAL �� ;{y, �� •">� [��F'� Item # 29 Rev. 9/24/ 10 Attachment number 8 Page 2 of 2 COMMITTEE QUESTIONNAIRE 1. What is your understanding of the committee's duties and responsibilities? �U r'�� r G�.c� l � t•e.�r�,c� a..-�-� S ��j"�-�'`� �r� �`�-e.r m� ti� �� 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? tc. n 3. What background and/or qualifications do you have that you feel would qualify you to serve on this committee? �� 0 4. Why do you want to serve on this committee? ro In �e o� SeV' v, ��e. � V�P�w a.'^ke�/ : Name: Committee ame: 1.�� e.e.v ' Item # 29 Rev. 9/24/ 10 Attachment number 9 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR CHARTER REVIEW COMMITTEE (must be City of Cleanivater resident) ��-��y ��-Ry� �� Home Address: Office Address: �yy�s �,�� ,�� AN� 3 yy8 ��r- s�a� �,�w� � c c.--�2 ��-� � Z�� 33�.�� w��, � Zip 337'6/ Telephone: �� 7�� 96 6 O Telephone: 7� 7 77 / o S�a / Cell Phone: �-� �7 7�f� g�o a E-mail Address: qerr/• /P� � �%E�/`/�dN•Co�'31 How long a resident of Clearwater? � 2� ca�Q-�-o Occupation: /tit� Employer: (/I � Field of Education: Other Work Experience: ,� . ,S. /�.4Tfi/ � �Co I� /�Q.+. ove.ti, f 1� � v-�.� If retired, former occupation: Community Activities: Other Interests: � Service on City boards: (current and past) Additional Comments: Signed: /o / Date: �� ,�2oil� 0 Please return this application and questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. � �: � �a� , . .•r�.. 6 �'.1 _ ' ' � ;'' �� i�.��'�� s�� °'k:,�� -��-^�:: Item # 29 �.�1��,� � �� Attachment number 9 Page 2 of 2 COMMITTEE QUESTIONNAIRE 1. What is your understanding of the committee's duties and responsibilities? �---� � I � 1 CS %ie A/"'il i, f � e_ ( .��.. �/� A w 1,n , � /y L 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? (.P�.o� -�- r.�,c� c�,. � e-,., i � - 3. What background and/or qualifications do you have that you feel would qualify you to serve on this committee? �� N, GL1l�f ��e . . rt, �'�'�� ( . . � � _ � � �" �. _�� .� � '1 r� A 4. Why do you want to serve on this committee? 0 r;�(,c.p.� ��t,�- Name: .�e., �� 2� � � Committee Name: �.r.J- Item # 29 0 Attachment number 10 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Ciearwater resident) Name: �u f/�'`�J aG ,D.l Home Address: TE� 9/ �./� �2 �� fh�, �-_ z�p 3� �G � Telephone: i� � -� ��!- �--9� i How long a resident of Clearwater?, Occupation: ,/�� Field of Education: � �� Office Address: � z�p Telephone: Employer: ��'� � - / ° �� ° Other Work Experience: ,s,� . D i�c�2 o F r� P�� o� —�r � h�f1 �►�rn��,�- �a � G � 2-it5� d-.� � v/��✓ If retired, former occupation: /�/� �='L 11� Gr�� r,�.r '�7 v.�� -��%��T a� Community Activities: �� Lu�+F-E�L- _ Other Interests: . Board Service (current and past): Board Preference: ,�l,9f'l ��t/ �v/� Gl � ��fi��i"!"2,. G�,t�e;��r � x�c, �� Additional Comments: . C�=��Z / Si ned: � Date: � /�'/�� 9 / See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. .��, , ��' �AN 0 5 20it `�',=�Gi,1341. RE�� . I.��IS�� t'(� �� Item # 29 Attachment number 10 Page 2 of 2 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? �' v/ � �-r 7� C 1�,,92s � 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? ��%�'��ll r/,E ,E. k�t.,u� !/� �-FI-/J�/l..E�,l�� ?��/Lr�'�C�. lti C � Pilti G` G��/' %�i9c�'�ti(i � ,E�. _..�� r// �'�f�p C�� /�--� L��r,E ti.r�Cnr�1��z� �'�/��f' ./�� /�l' f'�fl .A-c c�L�G.�-�-,�' /f'1 /��f�i f�`�j icw 4. Why do you want to serve on this Board? : L Lr�l/�' L->�//�/Cr /.� CL1'c-*�/[,�c/�1`f'�i� �i� .�� ,�s z ��-v,� � � �� ' �..v„�'% � , /`'t�/�' Jw� ��S" v u,2 c° i 7`~i ,��-✓' �"�'1.E' %�i �.�- �!/tE'-t.>� oti �'/l ��' �t ;� . Name: `-� 1.�`I,�y`'r� �L Q.( Board Name: �� '��2 /e�/'f'ti✓ Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) / Name: ��;�`i l/✓. �of �,G//�is Home Address: ��s�� yQS� C�r°�7�'u/��A! /--,� ZIp33�1� � Telephone: ��,�7�) y�-�=� - /3 ��/ Attachment number 11 Page 1 of 10 Office Address: �� Zip Telephone: How long a resident of Clearwater'? �3 l/° �rs '� ��f/ s Occupation: ��,r�� Field of Education: /� �: !! .rv . � /� i _ i. i r�r Employer: Other Work Experience: If retired, former occupation: /-��fi�°�^ ��o� �7�i�i�/J�_sfi�� o/l Community Activities: G"/��v�.�,�,f ��.��r�. s��?�/P�r,�,��,� �i�a�/�� :�f��;^ v� U � r^ / /' � . . - /yi/�'/i � �G>� - Other Interests: / 'o�-�� ✓ Board Service (current and past): Board Preference: �s✓,�/.�i' �.��'S �J//i� ��S"��C/c'��/"� ��1'��'�'` 7S"C='i/i�vr/ /_a�`?'//�/�L �-!//i^E'G?7`G��'' . �? . �S"/� �/✓a � �/,��i�� IlL1�'J ��sr?C��3i0/% � ��L�c �!' Additional Comments: .- � _-_ - ` , �� Signe _ _-- _ �:__. _. _ _ , Date: /G�1��/��s' �o/� See attached list for boards that require financial disclosure at time of appointment. Please retum this application and board questionnaire to the OfFcial Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �� Tr�� ,. , � : � : �,;_3 t�.. .�.w`�.r�.s , .�.� � .�... ��:y? ��:�;��.��$"��, �. ��'��:a �.�a�� Item # 29 Attachment number 11 Page 2 of 10 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? � C',-�/'��a//✓ ��/�a�/�o�.v/c� c�/✓ /'. �i�:�� v,� �-�-5�� r i ��c �L',!c'��'G—�?� � /'��i l7,°F' t�i7r> �� SU�i%i� � �� l_'r�� /i i � 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? �;z�'�'�C��6%� lc�� G��'��-?/?!/� �C�C'��/�c�'�L% ��-GX./�� l�/'r>i' �.,.��,�� r� �� r� T��'�/�i'�»��!' �� '�i�Q Ec1 �.OV 7.�c' � � /�i-�/yi//'/i f��-r��" liY�sf"� �G-�S�U�TS �/Y�/�"�CI` �/✓/�`j G S//2''`c_°/'(-' c�,vi�'E'<'i ��7`-/O/� �'`l7/' �%/'CX�,O G7_ �/J'// C,S • 4. Why do you want to serve on this Board? -�a� v�_n�r��v f>c �� x/� �� o,.✓�� ii� v�z�c� i"c-:� ��ir� , ��' _ ��a� �✓��r: -� ��P �L�° w��.� �//� �,/ ,�� / �� B�,s �nd �.�/�� T � �� F��7�� i,� �--�r/� r�/i�/�--�i✓` UiSi�/%�J� , ��///�rr/ i ,°��Qi1�ii�j% �l- dC/7�/GJS - Name: , �� T ��>%�� i s � Board Name:��a��r �v��✓ ��ic� Item # 29 19 November 2010 Keith W. Protonentis 700 Island Way #405 Clearwater, FL 33767 Attachment number 11 Page 3 of 10 Advisory Board Application Review Committee Official Records and Legislative Services Department City of Clearwater �� u.�_ �� _� ��' P. O. Box 4748 Clearwater, Florida 33758-4748 Dear Committee Members, t� ��g:�FR- � � ��-�� :�:��4 �y.�� w� L��.�"�� a� ��,�. As a 2009 graduate of the City of Clearwater Citizen's Academy, Councilmember George Cretekos recently informed me that the City of Clearwater will soon be reviewing documents and selecting membership for the City of Clearwater Charter Review Committee. I am interested in serving as a volunteer on this committee. Enclosed I have included the City of Clearwater Application For Advisory Boards, the City of Clearwater Board Questionnaire, my resume and a brief information sheet. I thank you in advance for your review of my application materials and for your consideration of my candidacy. .:%R�`�- Keith W. Protonentis Item # 29 Attachment number 11 Page 4 of 10 Keith W. Protonentis - 700 Island Way #405 - Clearwater, Florida 33767 -(727) 453-1334 INFORMATION SHEET WORK EXPERIENCE Twenty-four years of progressive work experience within public, private and proprietary higher education. Administrative positions include Program Administrator, University Registrar, Manager of Recruitment, Director of Recruitment, Academic Dean and Acting College Director. Major areas of responsibility include operations, leadership, staffing and staff development, ensure compliance with internal and external regulatory criteria, marketing, business planning, public relations and budget preparation and management. PROFESSIONAL ORGANIZATIONAL ACTIVITY Continuous involvement in industry specific professional organizations to include volunteer membership as well as elected leadership roles. RECENT COMMUNITY SERVICE Island Estates Civic Association — Board Member 2009 — 2010 City of Clearwater Citizens Academy — Competitive / Selective — 2009 Graduate City of Clearwater — Education and Business Committee Chairperson — Decennial Census 2010 700 Island Way Condominium Association — Board Member and Officer (Present) EDUCATION Completion of graduate and undergraduate level educational programs. PERSONAL INFORMATION Retired, married, adult children, grandchildren. PROFESSIONAL / PERSONAL REFERENCES Upon request. I[�'ii�:3��%� Attachment number 11 Page 5 of 10 Keith Wayoe Protonentis 700 Island Way #405 Clearwater, Florida 33767 (727) 453-1334 (cell) kwpro(u�hotmail.com WORK EXPERIENCE ITT Educational Services Incorporated (ESI) Dean of Academic Affairs ITT Educational Services Inc. Carmel, Indiana 08/06 to 3/08 Corporate headquarters position. Responsible to the Vice President of Operations for visiting ITT Technical Institute campuses Nationwide. Focused on implementing corporate operational initiatives to ensure compliance with internal and external regulatory criteria. Emphasis on curriculum, faculty selection / training / development as well as on student satisfactory academic progress. Prepared colleges for initial accredita.tion and reaccreditation. Conducted internal compliance audits and operations reviews. Dean of Academic Affairs ITT Technical Institute Clovis, CA 08/04 to 07/06 Provide leadership for the academic objectives, plans and programs of ITT/ESI within the college. Delivers quality education by managing academic curriculum, ensuring proper instruction, managing the learning environment and library, and facilitating use of the � organization's learning methods and materials. Responsible for m�imizing the successful retention and gradua.tion of enrolled students. Delivers results consistent with approved operating plan and in compliance with state, federal and corporate regulations and policies. The most recent ITT/ESI internal audit of Academic Affairs resulted in zero findings. Served as Acting Director and dean during start up phase of Clovis campus. Dean of Academic Affairs ITT Technical Institute Santa Clara, California 2001 to 2004 Provide leadership for the academic objectives, plans and programs of ITT/ESI within the college. Delivers quality education by managing academic curriculum, ensuring proper instruction, managing the learning environment and facilita.ting use of the organization's Page 1 of 6 Item # 29 Attachment number 11 Page 6 of 10 learning methods and materials. Responsible for maximizing the successful retention and graduation of enrolled students. Delivers results consistent with approved operating plan and in compliance with state, federal and corporate regulations and policies. Recognized as the leading Northwest District Dean of Academic Affairs for years 2003 and 2004. Concurrently served as Acting Director of Santa Clara campus (2002 — 2004). Director of Recruitment ITT Technical Institute Santa Clara, California 1999 to 2001 Establish and administer comprehensive programs related to student recruitment in order to meet ITT/ESI's recruitment goals. Accountable for overall success of the Recruitment Deparhnent including meeting recruiting objectives. Screen, interview, hire and train Recruitment Representatives. Provide leadership, direction, motivation and supervision of direct reports. Appraise performance, provide feedback, take corrective action when necessary and oversee training and development of staff. Statistical analysis. Develop and implement marketing strategies. Ensure compliance with corporate policies and procedures, ethical practices and the guidelines of government and accrediting organizations. Assist with development of the college's business plan by recommending recruiting goals, budgets and staffing plans. Manager of Recruitment ITT Technical Institute Seattle, Washington 1998 to 1999 Assist the Director of Recruitment in implementation of recruitment objectives and supervision of the recruiting sta.ff. Assist with staffing, training, performance evaluation, statistical analysis, development of college's business plan, development of local recruiting events, lead generation, High School recruitment plan and implementation, public relations activities, public presentations and compliant and ethical student recruitment practices. Adult Representative ITT Technical Institute Portland, Oregon 1997 to 1998 On-site sales activity directed at adult applicants by prospecting for, identifying, interviewing and facilitating candidates to enroll into a program of study offered by the school. Recognized as a top performing Representative Nationwide. Page 2 of 6 Item # 29 Attachment number 11 Page 7 of 10 High School Representative ITT Technical Institute Portland, Oregon 1996 to 1997 On and off-site sales activity directed at high school students by prospecting for, identifying, interviewing and facilitating candidates to enroll into a program of study offered by the school. Lead generation to include a level of referral business consistent with company goals. Interface with high school educators, counselors and administrators. Classroom presentation. Self Emaloved Educational Entrepreneur Portland, Oregon 1995 to 1997 Delivery of post secondary courses, educational programs and training in Viet Nam. Mazketing, operations, planning, budgeting, research and development. Liaison to business and governmental entities. Partnered with U.S. accredited post secondary education institutions. Marvlhurst Universitv University Registrar Marylhurst, Oregon 1986 to 1995 Responsible for operations of the Office of the Registrar. Leadership, staffing, training, supervision, electronic records management, credentials evaluation, student registration, degree requirements, statistical reporting, facilities scheduling, grade recording and reporting, transcript maintenance and production, budget management, edit college publications, U.S. INS and FERPA compliance officer, formulate and implement academic policy and procedure, student academic advising and ensure compliance with Regional accrediting body (NASC) and professional procedures (AACRAO). Linfield Colle�e Program Administrator McMinnville, Oregon 1984 to 1985 Responsible for administration of baccalaureate degree programs on the Portland branch campus. Primary responsibility for the RNBSN (Registered Nurse / Bachelor of Science in Nursing) program. Program development, marketing, public relations, student recruitment, faculty recruitment, academic advising, staff supervision and budget preparation. Page 3 of 6 Item # 29 Attachment number 11 Page 8 of 10 EDUCATIONAL ACTIVITIES Portland State Universitv Graduate Teaching Assistant Department of Communication Studies 1981 to 1983 Taught undergraduate communication courses in the areas of public speaking, small group, nonverbal, interpersonal, intercultural and theory. Stanford Universitv Intern Palo Alto, California 1982 Facilita.ted a summer residential professional development workshop in the area of teaching intercultural communication. Workshop participants included administrators, educators, trainers, advisors and counselors. Warner Pacific College Consultant Portland, Oregon 1982 Directed a faculty development seminar titled Managing Cultural and Ethnic Diversity in the Classroom. Seminar attendees included faculty, administration, advisors, counselors and administrative support personnel. Linfield College Consultant McMinnville, Oregon 1982 Advised International Student Advisor's Office on intercultural communication considerations when advising and counseling international students. Designed and implemented an international student orientation program. Adjunct faculty. Marvlhurst University Program Director Marylhurst, Oregon 1981 Directed a summer residential program for visiting Japanese students. Responsible for Japanese students' U.S. experience through administration and coordination of a summer residential educational program: curriculum design, faculty recruitment, design and implementation of student orientation, staff training and development, design of educational materials, facilitation of intercultural learning for staff and visiting students, consultant to faculty and staff, budget preparation and management, program analysis and evaluation. Adjunct faculty. Page 4 of 6 Item # 29 ORGANIZATIONAL MEMBERSHIPS (Historic) American Association of Collegiate Registrars and Admission Officers Pacific Association of Collegiate Registrars and Admission Officers Oregon Association of Collegiate Registrars and Admission Officers Society for Intercultural Education, Training and Research National Association for Foreign Students Affairs American Society for Training and Development Oregon Independent Colleges Association (elected position) Oregon Joint Boards Articulation Commission (elected position) Association far Supervision and Curriculum Development ORGANIZATIONAL MEMBERSHIPS (Current) Phi Kappa Phi (National Honor Society - Elected) Alpha Beta Kappa (National Honor Society — Honorary) COMMUNITY SERVICE Island Estates Civic Association Board of Directors (2009 — 2010) City of Clearwater, Florida Citizens Academy 2009 Graduate City of Clearwater, Florida Chair of Education and Business Subcommittee Decennial Census Complete Count Initiative 2010 700 Island Way Condominium Association Board Member and Officer (Present) EDUCATION Master of Science in Management Marylhurst University Marylhurst, Oregon Conferred June 1993 Master of Arts in Communication (ABT) Intercultural Communication Emphasis Portland State University Portland, Oregon 1981 - 1983 Page 5 of 6 Attachment number 11 Page 9 of 10 Item # 29 Bachelor of Arts English, Communication and Arts & Letters (Academic Honors) Portland State University Portland, Oregon Conferred June 1981 Associate of Arts Arts and Letters Middlesex County College Edison, New Jersey Conferred June 1972 Diploma Perth Amboy High School Perth Amboy, New Jersey 1970 kwp.resume.9-2010 Page 6 of 6 Attachment number 11 Page 10 of 10 Item # 29 Attachment number 12 Page 1 of 3 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: �� %I ��-�� Home Address� / Office Address: � C�� l�v,� �L�� f � l� Zi � � �� Zip Telephone: / � / - ��' � C�� l //D/i��Telephone: � /� /� �` �� . _�� How long a resident of Clea ,�ter`? �/ �/ L� Y`—^� Occupation:L�� fG�-�'Y� - �'9��iriployer: Q�l Fi of Education: O r Work Experience: �YY1� rL= ' � `�� ' �� .�-��Gt' `� � �C�;��rUi �r � f'��1} ,�� - � , ` �� C��° ��' /�r�G�� Other Interests: Board Service (current and past): Additional Comments: Board Preference: Charter Review Committee ,� �i� Date:l� �� See attached list for boards that require financial disclosure at time of appointment. Please retum this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �,�ti.,. ��,,. ��u � �� 4'. P JAN � 4 �Q11 a,d+M"� ��.�� @�- � 4 e G.�G<" �{�� :`'.'. �.��'��s��"i�� s�s:'��, a� ��;N', Item # 29 Attachment number 12 Page 2 of 3 BOARD QUESTIONNAIRE 1. Wha is your understanding of the board's duties and responsibilities? U ��%/��,�� f-i-�,/� f%/i��,�Jd__��'O � y��» �� 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? /_�/�'A �7 3. What background and/or qualifications do you have that you feel would qu ' you to serve on this Bo d? �ri�C�'��' f� � �i�s�-�-�`�� /%C�f��'��YiL� ��, � 4. Why do you wa t to serve on this Board? � `� � ° � .C%L // ��l� �.�(,�� ' �i �1G � c�� C%� �_, � r � %l �t - � %�I �j i�/�� i � ' �� . , c�� °� ' " ' � ,� l�— �%l� �,� �1%��'��i.�,'� ��o�r�� Name. C/' � '��"1/�i�-�� Board Name: I[�'ii�:3��%� 2678 Cascade Court Clearvvater, FL 33761 Attachment number 12 Page 3 of 3 Cheri Stevens 727 423 5045 cheristevens�rocketmail.com Employment U.S. Census — Supervisor and Crew Leader 2009 — 2010 • Promoted from Clerk to Office Supervisor for recruiting for a team of 15 • Facilitated training of technical skills and procedures to multiple classes • Managed multiple g�oups of 15 • Responsible for payroll, expenses, production • Key competencies: gaining commitment, building teams, creating an engaged workforce, faalitating knowledge transfer, communication, planning and organizing, coaching Craig Stevens, Inc. — Corporate Officer • Responsible for accounting (including collections, book keeping, payroll) • Key competencies: planning and organizing, financial acumen, gaining commitment, building partnerships, initiating action, tenacity Amscot Financial — Tax Preparation • Key Competencies: communication, customer focus, analytical skills, managing time, work standards, professionalism 1980 — Present 2009 Mathematica Policy Research — Test Administrator 2004-2006 • Administered testing in public schools to determine the signficance of using computers in the classroom. "No Child Left Behind° Federal program • Required security clearance • Key competencies: communication, planning and organizing, building trust, collaboration, continuous improvement Mortgage Loan Officer 1992 — 2003 • Managed loan process from application through dosing • Key Competencies: customer focus, communication, gaining commitment, business acumen, decision making, applied leaming, continuous leaming Real Estate Sales Agent • Multi Million Dollar Producer Licenses/Achievements • Real Estate Lic�nse 1985 - Present • City of Clearwater Citizens Leadership Group 2010 • Certified Signing Agent, State of Florida 2007 � Notary Public since 1976 Knowledge/Education Sacred Heart College: Major Primary Education St. Petersburg College References provided upon request. 1985 — 1994 Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: �� . `� .. � :' Z Ca Home Addres �� . ��35 ' (` Zi ��%� Telephone: 7a7- �v�� - � � � � How long a_resident of Clearw ter? �� Occupation:��1�� "�s�� Field of Education:'� _ � . - ----- / - ,k: Y,l2�ic-� /"> _..,__ _.__ % If retired, former occupation: Community Activities: _ _______._,. Other Interests: Board Service (current ��, Additional Comme �1 �"/%. � Signed: /,�i�� t Attachment number 13 Page 1 of 2 Office Address: sC 'j � Lel�j°� '' > � � - � �� -�, %'� Zi .3� 7 7� Telephone: ��% ` � � 7" � � �,�_ Employer: Oth�- Work Expericnce: ' �.��('�2'�'- � ��-� , . � �,, �G.,, ,�� .�-r�� ./ � � Board Preference: , � �''i��c��.- d s �Cc iY�-�-�-� . �.�, �-�-_, Date: �� 7 � a See attached list for boarc�s 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, Cleanivater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �.�w,s�� ,,�� 4 �r `�;: ��«: t� 4� �a � a � � �$ � a , �, , �;' .i, ur ' ��Item # 29 �.�:�..J' k'�� @ a 4'��°� Gl 3d�,e Attachment number 13 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ��' / ,,- ,-----� 2�- l� � �� %� ��vc�i� "�d �— N.C� d� � �Z�l./}� l� R,� E'-�-%4Zyt�' / ,. _f • :A . ; ., �� / ��-' L�-�7Zi,y� �'�""� /�� /�G�'l��G'�-7 ,� . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? �. . ��o G� �-��'� �`r � r%t--�-- . -� 3. What background and/or qualifications do you have that you feel would qu�ify you to serve on this Board? �^, �` r� ��. % �i' � ��—�`_ _;� i l . r r � � � �>� �--- � � ` r� �� - �i' / -' 4�� Why do you want to serve on this Board? r /,� /n' >v �'� G�-'��'��'-Q� , - � --� %C ' '� rd L � �.�-�`��c �i `� �� , � Name: G-. �'`�,��. ��- �- Board Name: (, � Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Donald van Weezel Home Address: 1290 Gulf Blvd. #1408 Clearwater, FL Zip 33767 � Telephone: 727-595-7462 Cell Phone: 973-903-6577 Attachment number 14 Page 1 of 3 Office Address: same as home Zlp Telephone: 973-903-6577 E-mail Address: donaldvanw(a�aol.com How long a resident of Clearwater? 4 years Occupation: Consultant Employer: Regulatory Solutions (self-employed) Field of Education: BA Economics and Business If retired, former occupation: Other Work Experience: New York Stock Exchanqe Executive 1971-2006 Community Activities: Clearwater Police+Recreation Dept. Volunteer, Miniature Art Societv of Florida Volunteer, Clearwater Citizens Academy-2009 and Clearwater Complete Census Count Committee 2010. Other Interests: Campinq, classic cars, bicvclinq and kayakinq. Board Service (current and past): Borough of Ringwood, New Jersey, Planninq Board-1987-1995—Chairman 3 years, Executive Secretary 2 years Board Preference: Charter Review Committee Clearwater Municipal Code Enforcement Board-3/2010-Present Sand Key Civic Association- 12/2007-12/2010 Condo Association Board Member/President-6/2007-Present Additional Comments: , �EC 21 2n11� .��°��::F�`�L. ��: �f��F+ :�:- Item # 29 ��.�:�`� �w:�� __�:� : �:: Signed: s/Donald van Weezel i2e �.v¢� � � � �. ►,.�,�. Q ► �/a � /r� Date: December 21. 2010 Attachment number 14 Page 2 of 3 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 29 Attachment number 14 Page 3 of 3 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Review applications for development for conformitv with Clearwater Zoninq Ordinances. In so doinct, conduct hearinqs with representatives from City Planninq Staff applicants, related professionals and the public. Take action (approve/disapprove/request modifications) on applications or recommend action to Citv Council, dependinqon level of approval required for application Provide input on Zoninq Ordinance and Master Plan changes. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Attended and qave testimony at meetinqs and regularly watch on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Eiqht vears experience on Municipal Planninq Board. Have alwavs been interested in development and land use issues and have the willinqness and commitment to serve and be an active participant in the process. 4. Why do you want to serve on this Board? I will bring an informed, objective and impartial perspective to Board deliberations. I enioy and am qood at addressinq/analyzinc,�complex issues, findinq practicable solutions, and workinq cooperatively as part of a ciroup. While it may sound "trite", I want to help Clearwater become an even better place. Name: Donald van Weezel Board Name: Charter Review Committee Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: STAN VITTETOE Home Address: ��'3c�c . � : ► � � , CLEARWATER, FL Zjp 3376s� Attachment number 15 Page 1 of 2 OfficeAddress: PHYSICAL ADDRESS: 2465 DREW STREET CLEARWATER, FL 33765 M.AILIN� 1�DDRESS: P.O. BOX 13489 ST. PETERSBURG, FL Zlp 33733 Telephone: ( 727 ) 638-3843 Telephone: ( 727 ) 791 2475 How long a resident of Clearwater? 7. 5 YEARS Occupation: EDUCATION Field of Education: FNC�T.T. H ENGTNF.F.RTNG ADMIIVISTRATION If retired, former occupation: Employer: ST. PETERSBURG COLLEGE Other Work Experience: SOUTHEAST TECHNICAL IIVSTITUTE SIOUX F�LLS, SD INrIAN HILLS COMMUNITY COLLEGE �?TT-tiMA,—I.A TRUMAN STA"'E iJNIVERSITY KIRKSVILLE, MO Community Activities: SOCIETY OF MANUFACTURING ENGINEERS, CHAMBER OF COMMERCE Other I nterests: Board Service (current and past): Additional Comments: � . - . 7 `� .� ��ir�li' Board Preference: CHARTER REVIEW COMMITTEE Date: 1 1/ 1 2/ 1 0 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the O�cial Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �� ,.� _��a ; r �� x-3,�.n � ,� � y:..: � . , . ,��i"�+��lr��;.Y � x_��,,.�� f r=r�.�'t_� ��W�,��ft'�' ha3�,°?� s;'� ��.s�� 11�:��%� _ _ _ _. ___ __ Attachment number 15 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? WITH THE SUPPORT OF CITY STAFF, TO EVALUATE THE CITY CHARTER AND RECOMMEND CHANGES THAT WILL BE EFFECTIVE IF APPROVED BY THE VOTERS. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? YES, I HAVE ATTENDED AND HAVE VIEWED MEETINGS ON TELEVISION. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? HAV. .RVFD ON OMM NTTY BOARD , ESPECIALLY THOSF RELATED TO ECONOMIC AND WORK FORCE DEVELOPMENT. FOR EXAMPLE, I SERVED ON THE TECHNOLOGY PARK TASK FORCE IN SOUTH DAKOTA WHICH DEVELOPED A BUSINESS TECHNOLOGY INCUBATOR. 4. Why do you want to serve on this Board? I THINK THAT I CAN BRING A BALANCED VIEW TO THE PROCESS. Name: STAN VITTETOE Board Name: CHARTER REVIEW COMMITTEE Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) / / > Name: 1��2-e� �� ✓- � L�%�✓� = az.u.�2 a_" Home Address: �C7 � 14'l�e.� �i !— G��. f= C-- zia?�7�i� Telephone: 7�? % i'��a %�// How long a resident of Clearwater? 6� Occupation: /�.�fi•�-e� Field of Education: ,%�,� / Gi �c� a� �-1� � /— If retired, former occupation: vi- �o��t ��c Office Address: Telephone : Employer: Other Work Experience: �P1,v�e. �r�1 I�� u � 0 /�'t i �� % 1�r� Attachment number 16 Page 1 of 2 Zlp , v,r,8� y— •�lC� C S �� r�� J`��e rY� CommunityActivities: �1-P�vlbz.e� �`�vf�r-� /(a-vee.�� c� i%«�� , vjL� C��v— Board Service (current and past):" '4-�r--� ,� �l �-(� � � ct-' %�E o— !'l�� '..c,e> Additional Comments: Signed: G��' -��C Board Preference: Charter Review Committee � Date: �� d�� See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748; Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ':'� `� �� .�� , ,47 �iE�; � � ��1�.? :�'r�iv�A� t�t�;�.�ir�r� ��t� Item # 29 I.EGISL.�XAi� ��/� ��P�� r�� Attachment number 16 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? /� �iSGleSl �`' ��T�G,�-�� T � A�v �v— P!' 2. Have you ever observed a board meeting either in person or on G-View, the City's TV station? ys 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? �/f'(�iU/ G�Z(�• G✓G� .l'i � Gd _i�!yL9-r-r►�L'iv � �t�/.I � ,� � r �/r>'1 C'� L� Gf/�5�� !i!� (�u "'`""`� 4. Why do you want to serve on this Board? �p � � ��i� /`�� ti � .�-� ,, / � � ' C � . � J�, i' � Item # 29 2011-0'F0319:57 Sarah Weber 7274759191» 727 562 4086 Attachment ��er 17 Page 1 of 2 C1TY OF CLEARWATER - APPLICATiON F�R ADVISORY BOARDS (must be Clearwatier resideni} Name: `ac°�,'� c�,�� JC %�'_+ _ ^. .� � . , - -- --- Home Address: � �SC_�L:� .�l�trl ��'.`� �L>l.rt � __ \)�'�rJ¢ C� �',iQ��— +=r r� ��c�S ��a Telepnor►e:_ � � � � `i � "3 ` ��1 ! U Office Address: Teiephone: ZID How long a resident vf CiearwaterT .�'� � i�S pccup�tipn: ' �. 1 � - � ' r Employer: .:5'�, �c� '� C'r � �lu,.-c, C n (�� Fieid of Educafion_ 4tltier Wortc Experience: ' F�,r�. ��nr�et, - �1rrn t.ciLi -t� `� �c•�z ra. c. - r''� ► h 1 i ��ti L S �u � '� �� ff retir�ed, f�amer occupation: „„, , CORi1ritJ111tj114�l1A11�3:, r� �Ii'„_;_, �r.�{t,trl'T�C� ��.•iLC��—t�-`��_!"�� i�'�' i' s r7P G% '►'r!�r� - �r�� f�? �,�r,� �. ► �h z. �.n - c. ;� � S c��,r•� C,r -ac�u c�.-�-�. Othec tnteres�: -- - - . - -- - — Bo�rd Servioe (cument and past): Additionai CommeMs: Board Preference: Signed: ! � ^ �.. r� �, .i. Qa�: � 1 ! See attac�sed list inr boards tha# require finandal disdosure at time ot appointmen� Please r�etum #h1s application and ba�rd ques�onnaine to th� Offiaal Reco�tls � �egislaave Services DepaRment, P. Q. B�x 4748, Clearwater, FL 33758-4748, or drop o�f yaur application at Cit�r Nall, 2nd Floor, 172 S, Osoeol� Avenue. � ; � � n�� 6°i�;i�. _. `"��S Ai��tem # 29 LG-�ISI,�d�� :�� '� � . 2p1'F8'F0319:57 SarahWeber 7274759797»7275624086 Attachmentp�g�ber 17 Page 2 of 2 BO►AR� QVE$TIONN/WtE 1. What is your under5t8ndittg Of ihe bosrd's dutles and responsfbilities? � `��'1�-t �,�te�4.�1��-_ lM�� . '�t',�c �x��.�'c� � C"_ 1� �, �C.� � . J � , �� ., . - � .� � �.�Q � ��t e� �� -�-�,,� L,� �� 1�� -t c.:�,y�L� -�-�c��j� L` V�1 c�.;n (�-' .1� t �.n�ti�l L .t k�j�1� �Q..� � � �y ? C�! -,�_p ��r� rYL ��t i C�,� _�� ,� r:� � � .al4l � <� L;t �''�CJC't( C �`�� L'�`L'77L,��C i � �, Have you ever observed a baard meeting either in person or on C-View, the City's TV station? � � � �. � 3. Wh�t backgraund andlor qualificativns do you h�ve that you feel would qualify you to serve on this Board? � �� .� �-'�-�-�� ---� v 4. Why do you w�nt to serve on this 8vard? � 1 �{'az-Q i� l� ��'"1[ �C`� .�.�,+�. �1D Aa � v L-L� ..... - � G�� '� .. ' � Name: Board Name: C-�r�t r c�i i�c � .� �.�J L��c�'�� Item # 29 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) [� ._FTiT� Home Address: a5�� '�R�sco DQ. �l1 � Office Address: Attachment number 18 Page 1 of 2 ��, �a R� A� ER _�� zp 3�� c� z�p Telephone: �',Z'� - 7��'-335F5' Telephone: How long a resident of Clearwater? �. G� Yl�� RS �+.,�-) Occupation: Ref��rteo - �SA�ker� Employer: ( RVWiG"rRc�s � -NY S�+J [3 1�1 - F'1.. Field of Education: Other Work Experience: NEw Yoakt�H•veQS��-Sc�,QVL o�Cflac�teace-�S tl .S.�eH�-S�N� C�,-��s �— aTre�4�� NYv C�rta� S�oL � �° �e� 4%e�0e� DpKC�io�r� Sc�...L Gce��T � -�cN��ce If retired, former occupation: Qela'��o.� s �3�N1� Mc�N�e2- ��, t�1.e� �9ec��. C� Community Activities: Cl�t��+��'ct_N�(��..o.QS (o,��.f,e� ��r t��0es-�de..�.r 'r�r� No�le c,ess Gt�qres �p e o � E oss � s e �,cv tc�s . AKO�Tta R+�yie-O�st�st��i� �os�N�,a�c�kt�o� ' ktw�tS Clv$-�exKu�+�T Sex�cce m..EA �R.� +�'�"�Q 1�r eC� � o�wt H Ret e 2- uace_roa Other Interests: 'r�a�teL �. '�3oR�c� N�: A��.�.r��. R�a� ro ('coy:�s •—�:� � Dx1 Board Service (current and past): Board Preference: Muw�tt�QaL 'i�ve �rraltCl°KF�"(�si C�nRiR� �ia�-rasK F'o�� 33v�ae� i Aslc Focc� Additional Comments: CK��REV�tiw Signed:� y-: �S�u9.,.s Date: ��►� brt �� Zo�o See attached list for boards that require financial disclosure at time of appointment. Please retum this application and bqard questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwate�c, FL 33758�748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. �� EC 17 2010 ��"�� °��'�� Item # 29 i.EGISi�Tfi/E SRVCS D�F'f m BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Rev�e� '��e Ci1�,��-e a �-co�s o� '��e ��'�• Attachment number 18 Page 2 of 2 itil �Rq�� To 1��.oliltQ �J� A�y �He�CKew� i''S To T+FE , C�aR�ee. ow �e�+.�� o� �e e��tze,�S o� e.\ea.ec.�ATe� 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Y� 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 32 Ye�,Qs o� Ex�eQ«.�ce ��c l3vs�Ness-��tx�S- I�eea►c�-c�r, �r'%�. �vsc�esS �kW� �N9�v�Du�Ls lq l�e�►as eC At�v� �►t�w� �y Sewt�+ee �ue��9�Nc SCcvicee�' �b� (��w��s ` S�2v t� e m u G rS� c�+�.C�S 4. Why do you want to serve on this Board? �ou�-�NU� iN f��(ic Sea��ce . ��Ip ►t.�,LcP e�e�e��te� .� �7��e L 1�� t�ce �o �.i�'Q �� i�lst� , Name: �c�\�AS V - w• �t ��A KC Board Name: �I��iCt f� ��1% Item # 29 Attachment number 19 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: p�. l/� �� l C-� � I Home Address: Office Address: �{Z3 �� l� �Z � c� iZ �-f � � � �� % �i� �� ( F � Zlp 3 �'�%�� Zip Telephone: %,� 7�"7�/`i - lo y�� Telephone: How long a resident of Clea ater? �� y�a-�2S Occupation: �� Employer: Field of Education: �� — �c o�clu��c s /'�A- s-�CCo�.��Tr�C �; � /�- If retired, former occupation Community Activities: Other Interests: Other Work Experience: Board Service (current and past): Board Preference: (�i Yl �!� a-'UZ � Q(i � Q w �c7�t H��Q x Additional Comments: �' 1 Ff r4 (�� 2 G' i r ��.0 � vi-C A-� e HY Zo/o Signed: � Date: �/�x.� �`_ � � / f See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ;. ,: k t .. ._ JAN 0 6 �011 �r��lAi. RC-��5 AI�[� LECISLATIO/E SRVCS D� # 29 � BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? <---- Attachment number 19 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? a.,.. �}�.-� cr� � V P �J ��,6�-�,,,�.,�- , ..r 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? � � v� 4. Why do you want to serve on this Board? � C�e�v��li/Z � bcJ �.e iG--./ 9�t.�t . 14,�--�(/ .t JEL.d7/.c Ci'�c/l C� , Name: � � �'`�' Board Name: �- Lt --� l� Q�/+�'"� ��'`'�`�; �a� I[�'ii�:3��%� L� � i CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: �e �a �Cl �✓ < <� �► � Home Address: Office Address: Attachment number 20 Page 1 of 2 ,�1�20? 3 F�� . , -� la .�d �-u � Cl�e��wa�e� F� Zip 33765� '' Zip Telephone: 7aZ 7� S5 `7 d�f � How long a resident of Clearwater? '� � e�r S Occupation: W�t �e.. �a � S � Fieid of Education: Corn��e� S d��al �fa�f� Telephone: Employer: Il;, �s 7�.►, p �.�D i Other Wo�lc Experience: If retired, former occupation: Community Activities: �� S +ci p nf �ro p,' c'.. fY� r' //5 /�t (�f� �/�%� r�t b.a s- �.' l�c; r w r. �� c' /l�e, �; � ho< �.0 oci C�'�f�1�i cf r-� Other Interests: Board Service (current and past): /�o � � Board Preference: �%.a f' T� t�, v � C�;c% Additional Comments: '� w o� �� o rr• d'!� "� �-c� S(�ti ,.�, c� oµ �r� 1 r� �� r,� e�t�n J� p/1 u! �� ke,s-,d S D t- e � e �, n� s. Signed: Date: ' ' �� lU � �� See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Ftoor, 112 S. Osceola Avenue. ��.r ��v�� ,;,a ��c � � zo�o �.:�� kea�'�'a� �'��.� ",,,��r� �n'��il;', ��:��'d'��; `.�:��?�a,� ��'��`�� Item # 29 Attachment number 20 Page 2 of 2 BOARD QUESTIONNAiRE 1. What is your understanding of the board's duties and responsibilities? � �<�eviecJ /clp,'CS�/FC'��'d�t5 �� i-!�c_Li+y�ctnc��. d,e�ir�.J C6L��,S �C��c�i�7G.�C�ts . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? C� 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? �/t � v��e �P jn Q C�"� J e, w� f%� i` � l.� �% y p� C I�2a t'.Jc �.'' � f 1 yeKrs no�,.y a5 �j�!'f v�' �j�:.,�1 ��5;d�•�fc��' T��,c. r-��'ll5r �'7r�d��+e v�' �o/v G 1e�; �G t-e` C;f� z��s�,� ��d��, y. � 4. Why do you want to serve on this Board? /V d� �%a t�� ' n� 5�. a ��- }.� e.� n f' t..- n fja c�� /'j �..`f W o u�c� � i k2. 1''0 �.e �p �.�C/ ��f �-�a c� i ��c �� r�/ W � fI. L'; �y �-,o�esn m�e�►t Name: �o �k �d L�1 <„� � t Board Name: �h4r'�er ��j e� �� Item # 29 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/13/2011 Provide direction regarding the Clearwater Marine Aquarium (CMA) request to subordinate the City's reverter interest in a portion of the CMA property to $8.6 million bond financing and modify the existing reverter provision to reflect same. SUMMARY: The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager requesting Council approval of a subordination agreement in favor of BB&T as mortgage lender to CMA. The letter and exhibits are attached. At the October 21, 2010 Council meeting the CMA requested modification to the city reverter, which would allow the CMA to mortgage the portion of the property on which the city has a reverter in an amount not to exceed $1,500,000. Council approved that request. Subsequently, as a result of negotiations between CMA and BB&T, BB&T is requesting that the city agree to subordinate its reverter interest to up to $8.6 million dollar loan. The subordination agreement is not yet drafted and would be subject to negotiation. If Council approves the concept, the Agreement and an amendment to the reverter would be brought back to Council for approval. The subordination Agreement would provide, among other things that: The City Council approve the subordination of its reverter rights applicable to Parcel 1 to BB&T’s mortgage of $8,600,000. In return for the City's subordination, BB&T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium's default or demise. In addition, the subordination agreement will include provisions preventing additional loans secured by these parcels and will include prohibitions on the replenishment of the debt as the outstanding balance is paid down, absent City approval. (The $8,600,000 loan is at a 1.79% interest rate, twenty-year amortization, with a ten-year balloon). The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB&T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB&T then able to proceed with foreclosure on the Parcels. It is important to note that the project as contemplated by CMA has not yet been through the development review process. They contemplate submitting an application by the February 1 deadline for the community development Board meeting in April. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: Other None Budget Adjustment: For Fiscal Year: to Annual Operating Cost: Total Cost: None Cover Memo Item # 30 Review Approval: 1) Financial Services 2) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 20 Nathan I-�i�h�ower, P.A. ETN: 27-1752521 Alicia M, Perez Legal Assistant January S, 2011 M�•. Williani Horne City Manager, City of Clea�•water 112 S Osceola A�e. Clea��water, Flo��ida 33756 Re: Clearwater Marine Aquarium ("Ac�uarium" o� "CMA"} Deax• M�•. Horne: As you know, tl�e last several ��ears l�ave seen the dra�nafic anct ex�losive growth of tlle Cieai�wate�• Marit�e Aquaciluil. Witl1 tlie addition of Winter, the dalphin that l�as and will co��tinite ta inspire both ya�rfig and old, #he Ac�uarium's ��eputation in both local ax��i ��atioz�al circ�es lias sky��ocketecl. Because oitliis explosive growth in i•ecognition, certain challenges, albeii gooc� chailenges, have arisen for CMA to adcii•ess the inci�ease in attendance and to facilitafe au irnpi•oved visitor experience. 2011 looks fo be the greatest year of the Aquarium's existence and, s�auld all �•easo�iable estimates be cozrect, ��ill result i�� unpz•ecedented exposure and rnedia covei�age for the CIear��vater corn�uiiriiiy. The feat«re �engt�i movie, Dolphin Tale, having si�ccessful tivrapped its filini�ig schedule at the enci of 2410, is expected to be released worldwide in October af 201 l. All i��c�icatioz�s are tl�at witl� tl�e �•elease o�this movie, sliawcasing Winter, tlie Aqua�•it�rn and the Clear�vater area, �Fisitors to t�e Aqt�ariuin, both from our existing population base and from out. of town, should double or tripie tlie d�ily attendance levels which the ac�i�a�•ium now enjoys. In orcier ta addr•ess the increased visitor volume, to enhaiice the guesi experience and to prepare for the additianal burdens which this inc�•eased visitor traffie wi11 cat�se, CMA l�as einbarked ozi ati aggressive grawth strategy. The Aqu�z•ium, in conj��ction with the genera�as cont�•ib�itiojas oitiie �acobson rour�ciation and the City of Clearwatei•, purc�iased a parcel of Iand adjoinitig the existing sti•uct��re for $3,100,000 in Decembe�• of 2010. In addition, CMA closed on �t bonci financi��g package, underwritten 6y BB&T Bank, in the face �mo��nt of $8,600,000. The proceeds of this bond financing, togethe�� witl� fitnds r•aised by CMA, wiil be utilizec� to expa�id the existing facility, ejihance tl�e g��est ex}�erie�lce, address infrastructure needs, co�istr�ic� packing faciliti�s and �o inc�•eas� t�ie Aquarium's a�ility to service its mission: the rescue, rel�abilitatian and release of marine life. Attached is a schedule �•eflecting tl�e anticipated use of the bonc� financing p��oceeds and the cor�•esponding f nancial contributioz�s by CMA. The financing aii•a�lger��ent with BB&T �•equires, as a condition of tl�e recei�# af tl�e $5,600,000 loan �roceeds, for the Aquarium to pledge as collate�•al assets sliff cient to secure #he bank's loan. It is in this a�•ea tl�at CMA needs tlie City of Clearwater's assistance, P.O. Box 437b Cleac�vater, FL 33758 or 2536 Co�intryside Boulevard, SE�iEe 222, Clear�vater, FL 33763-1639 (727) 72b-0726 Fax (727) 2��!�0�1830 &Mail: nhighto�ver@�imerilife.co��} or E-Mail: aperezC��nze��ilife.com Attachment number 1 Page 2 of 20 Mr, Horne Page Two January 5, 2011 The CMA campus is comprised of t�u•ee parcels. Parcel 1 is tlie land improved Uy the Aquaril�m facility and sui�roimded on tlu•ee sides Uy water. Parcel2 is unimproved Iand adjoining parcel 1 to the t�oi•t1i, Parcel3 is the newly ac��ired tract adjoining Parcels 1 and 2 to tlie east. A recent appraisal prepared by Vantix Realty for BB&T, dated December 10, 2410, valued t��ese th�•ee Parcels as they presently e�ist, and as in�prav�d as cont�mplated by CMA's expansion pIans. Th.ase values at•e reflected as follows: Parcel 1; As is: $8,850,510 As improved: $13,6�3,5�3 Parcel 2; As is: $1,076,310 Pa��ce13: As is; $2,873,7a0 Total $12, 800,520 As improved: $3,570, 368 As improved: $3,09b,349 $20,005,537 Parcel 1 is presentiy subject to a reverter clai�se in favoi• of the City of Clearwater, while parcels 2and 3 are nat. Furth�r, the deed fi•oin tl�e City to the Aquarium for Pa�•cel 1 contains lang��age which caz� be inte�•preted to limit the arnaunt of any �nortgage against Parcel 1 that would be supei•ior to the City's re��erte�• rigl�ts to $600,Q00. In tl�e Fall af 2010, the Cauncil appi•oved the increase of the $G00,000 to $1,500,000. Des�ite tlizs incz•ease, t�xe total coltate�'al vahie of CMA's assets for mortgage pt�rposes is $8,1b6,717 ($3,570,3b8 +$3,096,349 + $1,500,000}, an amount ins�ifficient for CMA to obtain all of the bond iinaucing proceeds. The Clea��tivatez• Mat•in.e Aquariuni respectfi�lly rec�uests that the City Council approve #he subordination of its reverter rights applicable fio Parcel 1 to BB&T's �toztgage of $8,6�0,000. By agreeing to tlzis subordin�ttion, CMA will be able to receive all of the bot�c� fiiiancing proceecis ($8,600,000) ax�d in co��juuction with its fimt� raising effoi�s, hansform the existing facility into one as ciepictec� in the attaclied schematics. BB&T has agt•eed that iti return far the City's subordination, BB&T will provide the City with t��e right of first refiisal to acquire its first ma�•tgage position and/or titie, if a�piicable, to Pa�•cels l, 2 and 3, shottld the City elect to ex�rcise its r�verter rights by paying off the existi�ig indebtedness in the even� of the Aquarium's defaiilt �x• dernise. Iti addition, the s��boi`dination agreament will include provisians pt•eventing additio�ial loans secu��ed by these parcels and will inclttde prohibitions an tile replenishment of _ t�ie debt as the outstauding bala��ce is paid down, absent City approval. {Tlie $8,b00,0001oan is at a 1.'79% interest rate, twenty year a�nortization, witli a ten yea�• balloozt}. It is itnpo�•tant to note that should the City agree to this stibordinatian aa•rangement, it wili ha�re no obligation to pay anytlli��g, �ior• is tlie City g�iaranteeing any debt. S�10111C� tlle A{�Lic�1'ILiTTI fail and/or default an the outstanding itidebtedness, a�id BB&T p�irsues its niortg�ge rights, the City wo��ld have the opfion ta either obtain control of tlie entire CMA catnpus (all Parcels) in �•et�tzii for payinent of ti�e then existing debt balance, or waive this optior�, witll SB&T tlien �ble to ��•oceeci with fo�•eclosure oY� t��e Parcels: Item # 30 Attachment number 1 Page 3 of 20 Mr. Horne Page 7hree January 5, 2011 I will be happy to pravide fi�rther infoz��ation that yol� arxi/or your staff and the Council may request, and wiil be avaiIable at tl�e neYt sc�eduled work session and Council meeting to address any c��estians. I hope that both the Ci#y staff and Councii will join the Aquarit�m in obtaining the level of impraveinents both desired and t�ecessary for th� upcoming infl��x of visitoz•s ta aliz• coir�iunity and to renovate tl�e existing facility inta oiie which all of Clearwater will be proud. 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Attachment number 1 Page 15 of 20 Item # Attachment number 1 Page 16 of 20 ►; r'. '� ; `°.;`s; ! a; '`.; "ti ►. ;i: ;::,:►. :� ;`� ,'�: : .►. Attachment number 1 Page 17 of 20 :,r ,::� � ::: .-,�. � : � .' �: :� i u Attachment number 1 Page 18 of 20 �? l: A.: 'i: ' �; -.,r �'; . :�r �:. �° . �. � . Item # 1f31'['E 5:30 PM CATEG O RY TRANCW�I CL051NG C�S7S ON $$,600,000 BOND CMA EQUITI( - BOND CELL GR1D CURRENT DEBT OR DRAW REViSED eQUITV ��onn COST E5T 1NV�STED B01�D EXISTING MAIN DOLPHIN EXHIBIT Install Bleachers - �ast & West 5ides CHLOi21DE MtT1GATlON & Ct7Y COMP 'I.A7 AC12E SURFACE LOT-'f68 SPACES + 8 BUS $PAC SEAWALL �VEW ELECTRICAL FEED 8� REARRANGENiENTS KIOSKS, MQVI� ARTiFACTS, HOUSEBOAT S1TE PREP EAST STRAN[3[NG AF2�A [I - Railings & �ence Sl18TOTAL OF Fl1NDING UNTIL REVERTER CLAUSE 1SSUE WfTH CITY IS RESOLVEd P f NEW ELECTRiCAL FEED & F2�AF2iiANG�M�iVTS PAYOFF OF BB&T TERM LOAIVS 8� LA�1C1 LOAN PROJECT MANAGEM�NT & INT�R�S'i RElMBURSEMENT OF CMA FOR EQUITY FUNDS ADVANCED TOTAL TRANCH� I FUND ftAISfNG AC71ViTY & PAYdFF OF ANQNYMbU5 tOA�i iRANCH�If LOgBY AR�A & REST ROOIN EXPANSION GIFT SHOP �XPANSfON STINGRAY WALKWAY REVISIONS, DO�tOR REC 8 SIGNAGE �xpand Ingress-Egress•Roof to North Stranding Area �I.�CTRICAL PHASE Ill - NEW EL�C7RICAL F��D & R�AF2i2R�1G�M�NTS Generator, Genera#ar Platform & Installation 1200 AMP MODEL HT5N600A8 GEN Transfer S+Nitch �15'E,544 141,544 'l0,000 50,000 0 50,400 99,000 99,Ofl0 375,Q00 34,000 341,000 80,000 8Q,000 0 1�40,000 'l4Q,000 4 265,000 265,Oflfl a0.000 hU.004 '[,200,544 700,544 500,U00 '[40,000 0 2,722,6fi8 0 4,092 4,092 -z$�,�aa .U6� 2� '�� 1.� 14fl,000 2,722,668 a zs�,�a� 6� Q 6ao,000 o s2o,00a �oo,00a �ao,00a o �45,U00 0 45,OD0 30,00o a so,000 135,000 35,000 900,000 36,000 0 36,000 3 STORY ELEVAiOR S� ROOF ENHA�iCEi41ENTS 295,Q00 75000 220,O�fl NORTFf STRANDING POOL & UPPER DECK 54Q00 0 540�0 PROJ�CT tNANAGEMENT 8� INT�REST �,835 _8�_$_ Si TO7AL TRANCHE 11 1,320.835 21��3 1'i. 0� 7RAI�CH� III 209 SPAG� 3 FLOOR PARKI[�G GARAGE '[,778,000 0 1,778,000 AREIVA CQNSTRUCTiON (1,000 seats) & Three Pools 3,360,412 1,287,624 2,072,788 NORTH STRAi�DI�1G F'OOL & UF'F'�R D�CK 47,000 47,000 0 PROJECT MANAGEMENT & INTERES7 97,$3� 97•634 Q TOTAL TRAIVCH� III � •20� .352.258 85 7$$ Attachment number 1 Page 19 of 20 Item # 30 ��31�� 5:3U PM CMA EQUITY - BOND CELL GRID P�ST BONq - INi�RNAL FUNDING 11NIT IV COMPLETION OF CITY GOMPLfANCE rz� wa7��x Issu� 350,000 354,000 PF20JECT MANAGENfENF & INT�R�ST 23,926 23.826 TOTAL UNkT !V 373�926 57�, 2 t1�VIT V COM�IiJNITY ROpM (150 person capacity} CAi�RING KITCHEN ADdI7fONAL bFFICE SPACE (90 Totaling 2,000 SF) 50,000 SF OUTSIDE PAVERS FOR 364 D�GFt�� RING AF20UND OUiS[DE OF MAl[� BUILDING PROJ�CT MANAGEIVIENT 8� INTERE57 70TAL UNIT V UNIT VI Fish Quarantine Pool set•upIKD fe�cinglfiltrafion PAYOF'�' USAiNERIBANK I PROJ�CT MANAGEMENT 8� fNTERES7 rora�. u�viT �i UNl7 VII S'fRANDING TANK 3 PR�JECT MANAGEMENT & 1NTERE5T TOTAL UN1T VII UNIT Vllf PAYO�� O� USAMERIBANK II INTEREST -rora�. uNrr �r�i UNIT IX �AS� STRANDING AREA �I - 5hade Cover for poal INTERE5T - BON� - JUIV� & JUI.Y {3.12%) TOTAL UNIT IX GRAND TOTAL 344,{300 40,0(10 34 Q,040 225,004 45,417 960.417 960.417 50,000 zao,000 40, 067 320.067 320.067 292,000 59,101 � 351.'101 2D4,OOU 68,363 268.363 268.363 0 0 0 0 0 Q 0 124,D00 43.532 '163.532 16� 3.203.59'I � •60� Attachment number 1 Page 20 of 20 Item # 30 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Improvements at the intersection of McMullen Booth Rd. and Drew St. - Councilmember Gibson SUMMARY: Review Approval: 1) Clerk Meeting Date:l/13/2011 Cover Memo Item # 31 Attachment number 1 Page 1 of 3 ADMINISTRATION CAPITAL IMPROVEMENT PROGRAM AND PRODUCTION OPERATIONS TRANSPORTATION FINANCIAL AND CONTRACTS SERVICES Pinellas County Public Works' Mission is to serve the Citizens and Visitors of Pinellas County by providing, implementing, operating and maintaining transportation, surface water, and other capital improvement programs in a professional manner which supports economic and community growth. MEMORANDUM TO: Robert S. LaSala, County Administrator FROM: Peter J. Yauch, P.E., Director of Public Works & Transportation DIST: Thomas E. Washburn, P.E., Division Manager, Traffic Engineering SUBJECT: McMullen-Booth Road at Drew Street Intersection Improvements DATE: December 27, 2010 We recently received a letter (attached) from the City Manager of Safety Harbor expressing their concern about a component of the intersection improvements at Drew Street and McMullen-Booth Road, an intersection within the City of Clearwater. While we recognize the City of Safety Harbor's concern, we strongly believe that this component is an important factor in the reduction of the recurring peak period congestion at and around this intersection. As you know, peak period congestion at this location has long been a concern. Traffic volumes using the McMullen-Booth corridor and the Bayside Bridge far exceed what was envisioned. For example, the feasibility study for the Bayside Bridge, prepared in 1985, estimated approximately 35,500 vehicles per day in 2005; in actuality, the Bayside Bridge carried about 74,350 vehicles per day that year. During the morning peak, southbound traffic is queued back past the entrance to Ruth Eckerd Hall to SR 590; during the evening peak, northbound traffic is backed up over the Bayside Bridge toward Roosevelt Boulevard. On the next page is a copy of a plan sheet indicating the proposed improvements at the intersection. There are four key components: • The addition of a southbound to westbound right turn lane. • The addition of an eastbound lane, and reconfiguring the lanes to provide a triple left turn eastbound to northbound. • The addition of a northbound to westbound left turn lane, to provide dual turning lanes, and the extension of those lanes. • The elimination of the westbound through and left turn movements, restricting the westbound movement to right turn only. This also includes the elimination of one of two crosswalks crossing McMullen-Booth Road at this location. It is this fourth component that has raised the concern of the City of Safety Harbor. Item # 31 Drew Street at McMullen-Booth Road Intersection Improvements Page 2 � e• �,� ., .,� � �► y 4 � h 40Rri' £ClSI. AfW'S a �' i0 f�NAAV BAWlJfTE � ",�1/'�� - � . � []i � �m� I £.Y15T.MY N t_JL- � +s•uxrr�mv�� — --� � •} 6•WHR � � I�FtECrNe � YEl1llY PAAYi � ; �� .� +9D C WYflE � s^uwnE mr �•se.w� �, F . u� wm aaxs a m'. Y!/ fPk'5 W' ��A� s•��rF�m�-��, o rr wrrs swa's v m sramras � r,.-a ��g � � r,�,�� , , �. , � :�� L==J i�� i IC M�IRE IN' WNJ S J £YlST. RAY ae s°acros mr� �_. � _ _ fr N� I rc� I � � - � 6•NNIi£ �, S]R � n��. ��z��f r+rf � Y&1 �� /� ,� �� f__ _ !9 91R � , � � ` rH£R CMWftE 5� 1 !P'� 5�.0'1 _ _ � _ e•�rrrrc ' � aoR� �� wwrrc,rr�° i 6'lpfli£ Wl WJR� .. M9!'S v 20' � e•xnrreN�hm ��erw�rrrE ��. W'M'S Q N' � 8"XHl�c � 8�'AiflT£ ! REFf£CiM1'£YELLLWPMVT�. + a'reum wr r.r ww's . m r�'rr;� �� ...ra'vcu¢r e m'saxn.e- ��I� IYtijl.! �" � :.. L`_ 1 � J�r . . . � �I� Erc�-- I � 6'A4LY£ilLWW� � YN R4b'S e N!' � $ �` I I I s•VFUGw a ISS��I A'80Ltt,G � TO R.HM1N' Y!1' R45 � .G' N �AWSi� !AG �� Z ,; !TE �/� �'Sr - • ar Ip�r F �s'��l°" t ,�o �w� wiR a w's : ��A1 � IN4{TE � ��(6 W SClPI �..... .. .. .I... . £.YlSI. ___. wvne im�-�•srp�i � wrn m�s_s sn ... ` iwiF��x+n'��r�1 ,`�,� .. LL Yrl RfW'S e N 0 AENGTE £q'VRl1IE �. STA.IBl85 OE AS � S(A.IBtHI � ftldR a�o - pILY .....sra.�*n . . a �-_ -1 I OmSF �....�— �� EKlST. B' NWRE SI�T'A` ST6.�1N0 1T1 S(O.fB'M] +8p - SEE SHEET S-7 Attachment number 1 Page 2 of 3 �� _ � o�� £eef 'a� — T — — .. . rrf�... .. .. '1 d 9 __ �____ '_'__ � + YW! E P!I . !P•�•9'N] _ _�.. �� 2 i i _ _ �Errsr. srrsrrt�- rro �xawi � � _... � 14n14f1l.LEN BD07N R� fCR � 6111 .. � � . E� 5�'MV Alg 3 vaw�vr raax YdRW £.YlslVG c9 evsrA.0 � � U � ^ � EKV5r. AAY — — � � All of these improvements ultimately relate to the reallocation of traffic signal cycle time. Below is a simplified representation of how the signals at this intersection operate, and the times allocated to each movement every signal cycle. The signals are "actuated", measuring traffic demand, and "return" any unused time to the main street (movement 2). By adding a lane on an approach or movement, we can reduce the time needed for that movement. North-South North-South Eastbound West6ound Left Turns Through Through & Left Through & Left AM Pk — 30 secs AM Pk — 1 d0 secs AM Pk — 30 secs AM Pk — 50 secs PM Pk — 50 secs PM Pk — 110 secs PM Pk — d0 secs PM Pk — 50 secs Unused time in phases 1, 3, and 4 are "returned" to phase 2. Phases 3 and A are based on pedestrian crossing times. Because of the number of lanes turning, the Drew Street approaches run separately from each other — i.e., first eastbound then westbound. The elimination of the westbound through and left turn movements, which is a relatively low volume compared to the other movements at the intersection (1500 vehicles per day compared to the 83,600 vehicles per day for the total intersection), allows the elimination of the entire fourth signal movement. All of this time can be reallocated to the through movement. Item # 31 Attachment number 1 Page 3 of 3 Drew Street at McMullen-Booth Road Intersection Improvements Page 3 Why is time reallocation so important? Roadway capacity can be estimated at approximately 1800 vehicles per lane per hour of green. The time that a signal is red for the lane directly reduces the capacity of the lane — if the signal is red for half the time, the capacity of that lane is cut in half. Note that movement 4 is shown at 50 seconds in both the morning and evening peaks. This is time allocated to the parallel pedestrian movement. For the most part, less than half that time is actually used by vehicle traffic on the approach, as the number of vehicles is so low. Let's assume about 20 seconds per cycle on average — that's about 13 seconds of green, 4 seconds of yellow, and 3 seconds of all-red time. At this location, the morning cycle length is 250 seconds, of which 140 seconds (or 56%) are allocated to the north-south through movement. If we eliminate the westbound through movement, with the average length of 20 seconds, that's an additional 8% of the cycle length reallocated to the through movement. That's a 14% improvement in the capacity for the through movement. Emphasizinq the inefficiency of the westbound movement — it takes 8% of the siqnal cycle to accommodate onlv 2% of the traffic movinq throuqh the intersection. The next step to improve capacity at this location would be a big one — construction of a grade separated interchange. There is not an opportunity to add additional through lanes at grade in the north-south direction. The City of Safety Harbor's letter notes that this improvement would deny an access to their residents in order to pass more cars through the intersection. There are three alternate routes for Safety Harbor residents to travel toward Clearwater or the Bayside Bridge, as shown in green on the adjacent map. From downtown Safety Harbor, Sunset Point Road and State Road 590 are direct alternatives. This improvement will significant improve Safety Harbor residents using these alternatives. For residents of southern portions of Safety Harbor and Del Oro Groves, continuing south along Bayshore to Gulf-to-Bay Boulevard also accesses a direct route to Clearwater and the Bayside Bridge. The City of Clearwater, in which this intersection is located, has expressed support for this project. �i , , � h,1 I. �.�n� s4 R' &eh �k T:: '� �a.�. �' . e l�:rP n i �*-r; � �' �. .... ' . �-p � I.�-, 'r�r�*v5f . .... �� ..; � � : � �..��rsr,.t6�e�i��a�:d ��Rcs rn � .�.5,�G S�f�l+ �t �� V 15.:. u.� �: t��.�rl � 4i�i �:t S Fi��rk��r �4°� . � �d n � � �� ss � � ��,�a,�,E� 590: �R�,�fr.i Hurv SJD 59i1 �.� ��;N� �'i S . �� d�� .� � ; ,��=i �i iir sr:_, r.,,. :o M .4 Fs„-,us= „ . w,,e �� , � � �.r�vec '� ; ��, � � � � �, �, , � _t � �� ; ,.: .F=�� r�U � �` ss �F�,� �� cr�eX s, � � �E, ¢: G� � � �� -,9 ca ��g �Ivs1 �9 �. �,�aiN �o E3ay �[��1 �a; .. � �Sti3971"; �_ � � ��f�'� I..d' �aC �Ed If there are any questions or concerns, please do not hesitate to let me know. . Item # 31 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Pinellas Safe Harbor SUMMARY: Review Approval: 1) Clerk Meeting Date:l/13/2011 Cover Memo Item # 32 �,� I II� Il II` i i �� II� '�I � �' � ��\ CITY pF ST. PETERSBURG, FLORIDA Offic? of the Mayor Dececnber 15, 2010 N1r. Micah Mas�tiell T'own of Belleair 901 Ponce de I,eon Boulevard Belleair, FL 33756-]096 Dear Micah: : �"�? . ;��.,� �'.?�� .... .�r'�ti� �� . �� .. ":�;�.. � �,'� �_ �("�� I.';'�"� � j' ��' � �',�'�..;�'�I I'y� r To Ccwncil �� { Press, Clerk �1 }�0�� DEC 2 01010 Manager �� i S f A#Omey �YI. - -�-h,s ��,'�Q � ��" y l�er us� ' '(�� -� �s. m�� Attachment number 1 Page 1 of 2 BILL FOSTER, Mayor Yoa may already be aware that at last iiight's County Commission meeting, II7� COI11I111SS101]('.CS committed over $2Qp,000 in support to the Pinellas Safe Harbor project at the 49`h Street Complex. In addition, the Sheritf and Public Defender have pledged grant and other funds, and several municipalities, including St. Petersburg, Clear�vater, Pinellas Park and Largo have pledged tinancial and in-kind support for the project. As I mentioned at the December City Managers' Consortium, Mayor. Bill Foster is requesting that each city in Piilellas County become a tinancial partner in supporting this program. St. Petersburb is committing to $] 00,000 in annual financial su sei•vices: Clearwater, Pinellas Park and Lar�o are committin��pp�oa$SO,O�Oh T11erMayor�ns� rcquestii�g your mun�c�pality consider a commit��lent of $5,000 -$10,000. S�r�'iny� uun c��mclrss citirens is a multi-faceted issue, ��ith a romplexity �f problems to he acl�lressed. In Pinellas County, ��e are hlessed with a mix uf competcnt ancl committed social scr�•ices which «�ill support this effort. Si�niticant in this endeavor is the .joining of the kev cc�mpc�nents in our criminal justicc; cummunitv. the Shcr-ift: State �lttorn�v. Public Dcicnder and ��llc't .�UC�`�l'. I I1�1 1'�CC)L1117t l�lC UCLl:I1C�' U� itl�llli 11CIIl)Il �1111J Ilil�"c' C�1CIl.I11t1C�t �ltl Illlc;Sfllltl71 Of tin�� an�l a r��mmitm�nt t��u-d m��in� this tor��ir�1. I hrc:�� ars a`�u. ('iii�ll�is } lc�rr srrm��i lik� a nu1�U!" CI1�lIIt'f7L��. hut th� cc,llaburatic�n c�t C atl�ulic l�hariti�s_ surruun�lin�� riti�s. th� C'c�unt� an�l uthcr� �r��(u��l a hi�� s��n��nt uI� c�ur hum�icss pupulati��u. I'in�lla; Salr �f I<<rb��r n�� 1�(��-s�an�� purtun�i�h��t�� huilcl u(��n th��l surc�ss ancl ��f�fi:r s�n�iccs tc� c�th�rs ��hc� cic�n�t yualif�� at l'incllas f(c�E�c. ,.: � �� F s r ��F � E F�Sy�,k�� P�, ��x .>U. Item # 32 - 1"L. ST. f'F�-FFZSBURG. F-�.�..kIUA 3_37.)I. rEl_EPHONF_: 1727i 8y�.7�'l)1 Attachment number 1 Page 2 of 2 I urge you to discuss your level of commitment with your elected officials and to send us a positive ans��er at your earliest convenience. While �ve are all stretched to the limit, this program will take advantage of an underutilized facility and provide a cost effective set of� options for citizens throughout Pinellas County who are currently underserveci. If we can assist in any way, including providing additional information or appearing at your Council or Commission meeting, we would be happy to do so. Sincerely, �, Tish Elston City Administrator cc: Niayor Gary H. Katica, To�vn of Belleair Mayor Bill Foster, St. Petersburg Mayor Frank Hibbard, Clearwater Mayor Pat Gerard, Largo Mayor Bill Mischler, Pinellas Park City Manager William Horne, Clearwater City Manager Norton Craig, Largo City Mailager Michael Gustafson, Pinellas Park Item # 32 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Renaming of Boat Slips SUMMARY: Review Approval: 1) Clerk Meeting Date:l/13/2011 Cover Memo Item # 33