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06/02/2011City Council Agenda Location: Council Chambers - City Hall Date: 6/2/2011- 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 Ciry Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards � Attachments 4.2 End of Session Report - Representative Ed Hooper � Attachments 4.3 2011 Spring Neighborhood, Business, and Homes of the Quarter; the 2010/11 Home and Neighborhood of the Year � Attachments 4.4 Ruth Eckerd Hall Annual Update - Robert Freedman � Attachments 4.5 National Marina Day Proclamation � Attachments 4.6 Hurricane Awareness Month Proclamation � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 19, 2011 Ciry Council Meeting as submitted in written summation by the Ciry Clerk. � Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8251-11 on second reading, annexing certain real property whose post office address is 2419 Nursery Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 7.2 Adopt Ordinance 8264-11 on second reading, amending Code of Ordinances Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public Works — Fees, Rates and Charges, Section (3)(c) Solid Waste Collecrion Rates; (3)(d) Recycling; and Section (5)(b) solid Waste Roll-Off Container or Waste Receptacle Service. � Attachments 7.3 Adopt Ordinance 8266-ll on second reading, amending Code of Ordinances Appendix A, Article XXV Public Works — Fees, Rates and Charges; Section (3)(a) Water Rates, Section (3)(b) Wastewater Collection Utility Rates, and Secrion (3)(� Reclaimed Water Rates. � Attachments City Manager Reports 8. Consent Agenda 8.1 Award a contract (purchase order) to Advanced Public Safety, Deerfield Beach, Florida, in the amount of $153,205.18 for the purchase of APS Quick Ticket software and 170 Pentax (Brother) Pocketjet 6 Plus printers for use in police pursuit vehicles in accordance with Sec. 2.564 (1)(e), impractical to bid and authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) � Attachments 8.2 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $287,500 for the hauling of yard waste from the ciry's solid waste facility to the contractor's facility for the period May 20, 20ll through May 19, 2012 as provided in the ciry's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) � Attachments 8.3 Award a contract (Purchase Order) to Thatcher Chemical of Deland, FL in the amount of $619,746.76 for liquid Sodium Bisulfite Solution for wastewater treatment and water production, for a 1-year period with 2 additional annual extensions, and authorize the appropriate officials to execute the same. (consent) � Attachments 8.4 Award a contract (purchase order) to Gregory Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $],882,577.11, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed Engineering Associates, Inc. in the amount of $123,470.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execuCe same. (consent) � Attachments 8.5 Award a contract (purchase order) for the Corporate Airplane Hangar II at Clearwater Airpark (08-0013- MA) to Caladesi Construction Company of Largo, Florida in the sum of $533,857.51, which is the lowest responsible bid, received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) � Attachments Miscellaneous Reports and Items 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports � Attachments 10. Closing Comments by Mayor 11. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Raymond Joline Bradlee Starks Jason Lambe Marcos Valdez Douglass Bailey William Nahorodny Maurice Bryant Timothy Booth Eric Holmes Robert Reedy Michelle Benjamin Harold Godfrey Jason Samanipour Tiffany Seabolt Edward Schultz Bonnie Potters 10 Years of Service Dennis Britt Dennis Acker 15 Years of Service Terri Ralat David Nugent Nat Medlin Peter Johnson 20 Years of Service Donald Filmon Eddie Adams 25 Years of Service Ted Dorman Michael Kaelin Gary Coffey Paul Henderson Wilton Lee 30 Years of Service Nelson Coy Marine & Aviation Police Police Police Police Police Public Services Public Utilities Parks & Recreation Finance Engineering Gas Fire Fire Fire Library Public Services Police Solid Waste/General Services Police Police Public Urilities Public Services Engineering Gas Marine & Aviation Public Utilities Engineering Police Gas Meeting Date:6/2/2011 Cover Memo Review Approval: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: End of Session Report - Representative Ed Hooper SUMMARY: Review Approval: Meeting Date:6/2/2011 Cover Memo City Council Agenda Council Chambers - City Hall Meeting Date:6/2/2011 SUBJECT / RECOMMENDATION: 2011 Spring Neighborhood, Business, and Homes of the Quarter; the 2010/11 Home and Neighborhood of the Year SUMMARY: Review Approval: Cover Memo City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ruth Eckerd Hall Annual Update - Robert Freedman SUMMARY: Review Approval: Meeting Date:6/2/2011 Cover Memo City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Marina Day Proclamation SUMMARY: Review Approval: Meeting Date:6/2/2011 Cover Memo City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hurricane Awareness Month Proclamation SUMMARY: Review Approval: Meeting Date:6/2/2011 Cover Memo City Council Agenda Council Chambers - City Hall Meeting Date:6/2/2011 SUBJECT / RECOMMENDATION: Approve the minutes of the May 19, 20ll City Council Meeting as submitted in written summarion by the City Clerk. SUMMARY: Review Approval: Cover Memo Attachment number 1 Page 1 of 23 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and Legislative Services Coordinator. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mavor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Rev. Jim Lancaster from Calvarv Baptist Church 3. Pledqe of Alleqiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 Service Awards The May/June 2011 Bimonthly Team Award was presented to Chad Reed and Michael Hatch, Police Department Traffic Team. 4.2 Administer Oath of Office to Fire Chief Weiss The City Clerk administered the Oath of Office to Fire Chief Robert Weiss. 4.3 Youth Sportsmanship Award Winners The 2010 Excellence in Youth Sportsmanship Awards was presented to: Alexia Betz, Tori Camporini, Armoni Clarit, Breanna Malone, Cameron Pettway, Sydney Pickrem, Counci12011-OS-19 1 Attachment number 1 Page 2 of 23 Steven Randall, Justin Rodriguez, Syndney Serpo, Rashaad Stewart, and Garrett Tonejes. 4.4 National Safe Boatina Week Proclamation — Mav 21-27. 2011 4.5 St. Petersburq Colleqe Learn to Earn Proqram - Stan Vittetoe - Provost, SPC Clearwater Camqus Dr. Stan Vittetoe reviewed the Learn to Earn Program, an accelerated and affordable training series created to increase job skills and update resumes. The program was created in response to the recession to help those in career transitions. 4.6 Steq Uq Florida - Zacharv Tavlor. Wellness Sqecialist Zach Taylor presented the City with the Step Up Pinellas County Award for the most average steps taken during the wellness and physical activity promotion held in March. 5. Approval of Minutes 5_1 Approve the minutes of the May 5, 2011 City Council Meetinq as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the May 5, 2011 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Aqenda Bill Parker expressed concerns regarding suspicious activities at Lake Chautauqua Park. Joe Paiqe provided Council with information regarding Agenda 21, a sustainability movement created by the United Nations Conference on Environment and Development and expressed concerns that the Greenprint steering committee membership does not include any scientists. Ginqer Darlinq opposed efforts to eliminate the Clearwater Police Department's Vehicle Towing Rotation List. Public Hearings - Not before 6:00 PM Counci12011-OS-19 2 Attachment number 1 Page 3 of 23 City Manager Reports 7. Administrative Public Hearings 7.1 Approve amendments to the Clearwater Comprehensive Plan addressinq minor editorial chanqes within the Conservation and Capital Improvements Elements, and qass Ordinance 8256-11 on first readina. (CPA2011-03001) The Planning and Development Department is recommending amendments to the Clearwater Comprehensive Plan that would modify references to water quality criteria regulations, correct a reference to the 25-year floodplain map, and correct a table within the Capital Improvements Element. Staff evaluated the proposed amendment pursuant to Community Development Code Section 4-603.F. and finds that the amendment is consistent with the code and furthers the implementation of the comprehensive plan. The Community Development Board reviewed and unanimously recommended approval of the proposed comprehensive plan amendment at noticed public hearing on April 19, 2011. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Vice Mayor George N. Cretekos moved to approve amendments to the Clearwater Comprehensive Plan addressing minor editorial changes within the Conservation and Capital Improvements Elements. The motion was duly seconded and carried unanimously. Ordinance 8256-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8256-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8. Quasi judicial Public Hearings Counci12011-OS-19 3 Attachment number 1 Page 4 of 23 8.1 Aqqrove the Annexation. Land Use Plan Amendment from Residential Urban (RU) and Water/Drainaqe Feature (County) to Institutional (I) and Water/Drainaqe Feature, and Zoninq Atlas Amendment from Aqricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located qenerally on the south side of Nursery Road and 495 feet west of South Haven Drive: and qass Ordinances 8251-11. 8252-11, and 8253-11 on first readinq.(ANX2011-02001, LUP2011-02003 and REZ2011-02003� This subject site consists of one parcel of land, 1.243 acres in area located generally on the south side of Nursery Road and 495 feet west of South Haven Drive. This annexation, land use plan amendment and rezoning is requested by the applicant, Unity Clearwater, Inc. (Unity Church) owner of the adjacent large parcel of land to the east. The applicant intends to use the property for church support facilities. Currently the parcel is occupied by a single-family dwelling and a natural pond. The parcel is contiguous on the east and north side to existing city boundaries. Along with the voluntary annexation, the request is to change the future land use classification of Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature and the zoning designation of Agricultural Estate Residential District (A-E) (County) to Institutional (I). The applicant is requesting to amend the Future Land Use Map and Zoning Atlas in order to consolidate the church's holdings into the appropriate land use category and zoning district. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The parcel currently has a single-family dwelling and a natural pond on the rear of the site. The applicant is not receiving any city services at this time and is requesting sanitary sewer and water services. The applicant has paid the city's water and sewer impact and assessment fees and is aware of the additional costs to extend water and sewer services to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with water, 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 objectives and policies of the Clearwater Comprehensive Plan: Counci12011-OS-19 4 Attachment number 1 Page 5 of 23 Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy A.5.3.7 Support the continued existence of the residential and institutional character along Nursery Road between Belcher and U.S. 19 by precluding the expansion of existing commercial areas. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. 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. The parcel is contiguous on the north and east sides to existing city boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning and Development Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the Future Land Use Plan amendment and rezoning applications at its public hearing on April 19, 2011 and unanimously recommended approval. Counci12011-OS-19 5 Attachment number 1 Page 6 of 23 Councilmember Bill Jonson moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located generally on the south side of Nursery Road and 495 feet west of South Haven Drive. The motion was duly seconded and carried unanimously. Ordinance 8251-11 was presented and read by title only. Councilmember John Doran moved to pass Ordinance 8251-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8252-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8252-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8253-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8253-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8_2 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoninq Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) Counci12011-OS-19 6 Attachment number 1 Page 7 of 23 districts to the Commercial (C) District, and a Development Aqreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW of SW of Section 2, Township 29 South, Ranqe 15 East, and part of Lot 9 Brentwood Estates) ; do not pass Ordinances 8254-11 and 8255-11 on first readinq and do not adopt Resolution 11-09. (LUP2011-01001. REZ2011-01001 and DVA2011-01001) This future land use map amendment, rezoning application and development agreement involves a 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) and zoning designations of Office (0) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Residential/Office/Retail (R/O/R) classification and the zoning district to the Commercial (C) District. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. Retail sales and services is the proposed use (a Family Dollar store). The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendment conflicts with the character of the neighborhood. The available uses in the Commercial (C) District are incompatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. Counci12011-OS-19 7 Attachment number 1 Page 8 of 23 The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment and zoning atlas amendment. Retail Sales and Services use of up to 8,320 square feet of non-residential floor area (0.125 Floor Area Ratio) at a maximum height of 25 feet is proposed. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and requires the Developer to restrict certain uses, such as adult entertainment, nightclubs or bars with on premises consumption and new and used car sales. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the City's Comprehensive Plan. Administrative Public Hearina on Land Use Amendment Planner Catherine Lee reviewed the applicant's request regarding the land use plan amendment. The Community Development Board recommended approval of the requested future land use change to residential office retail on May 17, 2011 with a 4-3 vote in the affirmative, contingent upon the land use amendment and rezoning approvals. Staff has determined the proposed project is inconsistent with the City's Comprehensive Plan and the countywide rules and incompatible with the surrounding properties and character of the neighborhood. It was stated that Item 8.2 requires three separate hearings and the record will incorporate the staff report and documents presented at the Community Development Board. Applicant representative Todd Pressman provided a power point presentation and reviewed the proposed project. The proposed site plan was designed with staff preferences that include removing parking along Highland Avenue, landscaping and stormwater system to code, and delivery truck control. Mr. Pressman said the proposed project would end blight and decay of the area. The neighborhood citizens support the proposed project. Attorney Steve Watts said the applicant has expressed an interest to place deed restrictions on the property beyond the 10-year period of the development agreement. In response to questions, Assistant City Attorney Leslie Dougall-Sides said the applicant expressed interest in amending the development agreement to restrict certain uses beyond the 10-year period. Ms. Dougall-Sides suggested amending the development agreement, by adding the following language: "the developer shall record perpetual restrictive covenants prohibiting adult use, bars and nightclubs with on-premises consumption, and new and used car sales uses prior to the issuance of any building permits for the project." Ms. Lee said after the 10-year period, the property may be redeveloped to the highest intensity allowed, which is .40 FAR. The property could be Counci12011-OS-19 Attachment number 1 Page 9 of 23 redeveloped for another retail or restaurant use allowed by code. The property's current zoning designation allows for accessory dwellings, community residential homes, educational facilities, medical clinics, mixed uses, nursing homes, offices, off-street parking, parks and recreation facilities, places of worship, public transportation facilities, retail sales and services if accessory to an office, schools, telecommunication towers, and veterinary offices. Traffic engineering manuals show the drive-through bank that was on the property generated more traffic. Planning and Development Assistant Director Gina Clayton said the future land use map dated 2018 shows what currently exists, there is no anticipated change for the property. The citywide design structure map identifies activity centers, preservation areas, and neighborhood shopping center areas. The citywide design structure map recognizes the east side of Highland Avenue is anchored by a neighborhood shopping center with limited commercial use on the west. Ms. Lee said staff received one email from a citizen opposing the proposed project. Planning and Development Director Michael Delk said additional commercial retail space is not in the long-term interest of the neighborhood. There is substantial inventory of commercial property that is economically underutilized today. There is a residential corridor along the Sunset Point Road. The property owner has repaired the fence and painted over the graffiti. Mr. Delk said the property owner has not gone before the Municipal Code Enforcement Board for violations. One individual spoke in opposition. Councilmember Bill Jonson moved to deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District, and a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW of SW of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates). The motion was duly seconded. In response to a question, Assistant City Manager Jill Silverboard said no comments were made on the record by the CDB members that supported or opposed the applicant. Upon the vote being taken, Mayor Frank Hibbard, Vice Mayor George N. Cretekos, and Councilmembers John Doran and Bill Jonson voted "Aye"; Councilmember Paul Gibson voted "Nay". Motion carried. Counci12011-OS-19 9 Attachment number 1 Page 10 of 23 Ordinance 8254-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to deny Ordinance 8254-11. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": Councilmember Paul Gibson. Motion carried. Quasi-Judicial Public Hearinq on Rezoninq Ordinance 8255-11 was presented and read by title only. Councilmember John Doran moved to deny Ordinance 8255-11. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Administrative Public Hearinq on the Development Aqreement The City Attorney stated a motion regarding the development agreement is not needed since Council denied the land use amendment and rezoning requests. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8258-11 on second readinq, amendinq Section 4.23, Code of Ordinances, to extend the operatinq hours of the Airpark from 7:00 am to 11:00 � The Council recessed from 8:06 p.m. to 8:13 p.m. Marine and Aviation Director Bill Morris said the Airpark Advisory Board unanimously approved recommending the Airpark closing hours be extended from 9:00 p.m. to 11:00 p.m.. As directed by Council, staff held a public meeting on May 12, 2011 to seek public input regarding the proposed hours of operation. Mr. Morris said thirty individuals Counci12011-OS-19 10 Attachment number 1 Page 11 of 23 attended the meeting; twelve individuals opposed the change, ten individuals supported the change, and eight individuals had no opinion. Staff does not anticipate significant increase in activity from 9:00 p.m. to 11:00 p.m. but will log all activity during that timeframe and report monthly to Council. In response to questions, Mr. Morris said the Airpark runway is not long enough for significant jet traffic, as it requires very low temperatures and dense air. There are no plans to expand the runway; the facility is built-out. There is a retention pond located at the end of the runway. The facility has been selling Jet A jet fuel for turboprop planes for the last twelve years. The estimated annual fuel revenue is $8,000. Mr. Morris said the proposed changes are an effort to recapture corporate aircraft business that moved to other airpark facilities allowing later departures and arrivals. There have been no accidents at the Airpark in the last 18 months. Airpark Advisory Board Chair Dennis Roper urged Council not to place any restrictions on the proposed hours as all activities will be tracked and Council may revisit the ordinance at any time. Recent visit of flying club exemplifies the economic impact airpark users have on local economy. Club trip required members to stay at local hotels, dine at restaurants, and rent vehicles. Eight individuals spoke in opposition and eight individuals spoke in support. In response to questions, Mr. Morris said nighttime security includes a trained police aide and seventeen video cameras. The police aide reports violations to the Clearwater Police Department, records the tail number, and issues a warning letter. A pilot is prohibited to use the facility after receiving three warnings. Airpark Manager Barbara Cooper said civil air patrol training at the Airpark is limited to marching formation and learning to wear the uniform. Staff was directed to research ability to increase fines; provide Council with monthly reports regarding landings and takeoffs after 9:00 p.m., complaints and action taken to resolve issues, and hangar rental capacity; and review ordinance in six months. Councilmember Paul Gibson moved to adopt Ordinance 8258-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. 9.2 Adopt Ordinance 8259-11 on second readinq, vacatinq a non-exclusive Counci12011-OS-19 11 Attachment number 1 Page 12 of 23 easement for sidewalk, drainaqe, utilities, and for the parkinq of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passaqe, subject to conditions. Ordinance 8259-11 was presented and read by title only. Councilmember Bill Jonson moved to approve Ordinance 8259-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10. Consent Aqenda — Approved as submitted 10.1 Approve a First Aqreement to Amend Meter and Requlator Station Easement (Amendmentl with Florida Gas Transmission. LLC (FGTI. a Delaware limited liability company as recorded in Official Records Book 8042, Paqes 86 and 87 in the Public Records of Pinellas County, Florida; qrant and convey to FGT that certain 10-foot by 49-foot easement as leqally described in Exhibit B of the Amendment, and authorize appropriate officials to execute same. (consent� 10.2 Approve an aqreement between the City of Clearwater (City) and the Early Learninq Coalition of Pinellas County (Aqency) to provide summer camp subsidies for children aqes five to eleven years old from June 13, 2011 throuqh Auqust 19, 2011 and authorize the appropriate officials to execute same. consent 10.3 Award a contract (Purchase Order) to Certus Builders of Tampa, Florida, Bid 07- 0035-PR-D, for the sum of $526,363.20 (includinq Alternates 2 and 3 and 10% continqency), for the construction of a multipurpose buildinq includinq restrooms, storaqe, concessions and office/meetinq room, at the Joe DiMag_qio Sports Complex; to be funded from CIP 315-93622, Joe DiMaqqio Restroom/Storaqe Buildina and authorize the aqqroqriate officials to execute same. (consentl 10.4 Amend an existinq Interlocal Aqreement between the Community Redeveloqment Aaencv (CRA) and the Citv of Clearwater authorizina two full- time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA and authorize the appropriate officials to execute same. (consentl 10.5 Grant and convey to Florida Power Corporation, doinq business as Proqress Counci12011-OS-19 12 Attachment number 1 Page 13 of 23 Energy Florida, Inc., a Florida corporation (Grantee) two 10-foot wide Distribution Easements in Sections 29 and 32 respectively, Township 28 South, Ranqe 16 East, as more particularly described in the respective exhibits, in consideration of the mutual benefits, covenants and conditions contained therein and authorize appropriate officials to execute same. (consent� Councilmember John Doran moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. Other Items on City Manager Reports 11.1 Amend Appendix A, Schedule of Fees, Rates and Charqes, Section XXV, Public Works Fees, Rates and Charges (3)(c ) Solid Waste collection rates; (3)(d) Recyclinq Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recyclinq for Fiscal Year 2012, to increase specific collection fees for Recyclinq for fiscal years 2013 throuqh 2016, and pass Ordinance 8264-11 on first readinq. In early 2007 Burton and Associates completed a solid waste and recycling utility rate study to cover five years of operation (fiscal years 2008 through 2012). At that time, the City Council approved five years of rate increases that included the following items scheduled to be effective October 1, 2011 for fiscal year 2012: For recycling - an 11 % increase For residential and commercial solid waste - a 5% increase For solid waste roll-off services - 4.5% increase With the assistance of the Finance Department, the decision was made to conduct the next rate study one year early because of the capital requirements to retrofit the Solid Waste Transfer Station and concerns about revenue sufficiency in Recycling. That rate study covering a period of five years (fiscal years 2012 through 2016) has now been completed. Burton and Associates recommends the following: For recycling: Reduce the scheduled 11 % increase to 3.5% for fiscal year 2012 Schedule rate increases of 3.5% for fiscal years 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months due to the uncertainty of the sale of recyclables revenue (approximately 40% of total revenue) Counci12011-OS-19 13 Attachment number 1 Page 14 of 23 For solid waste: Eliminate the scheduled 5% increase for fiscal year 2012 for residential and commercial Eliminate the scheduled 4.5% increase for fiscal year 2012 for roll-off No rate increases for fiscal year 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months allowing the department to absorb the expense of debris cleanup in the aftermath of a non-FEMA reimbursable event Pay for the proposed solid waste transfer station out of cash (NOTE: This is a planned project for the future that will require Council approval to proceed.) The utility rate increase for recycling is necessary to provide the funding to meet operating and maintenance requirements and to maintain the current level of service. This rate increase amounts to approximately eight cents ($0.08) on the monthly bill. The major factors contributing to the increased expenses are escalating fuel and energy costs, fleet equipment and associated costs, and pension funding requirements. For the solid waste utility, no increase is necessary. While solid waste has been experiencing the same increased expenses as recycling, savings on disposal costs have been achieved due to reductions in tonnage caused by the downturn in the economy and more prudent (and less expensive) disposal methods. The monthly impacts to the average residential customer with twice-a-week garbage collection, a yard waste, trash, and recycling collection once a week and oversized items on call are reflected in the following table: Monthly Current 10/1 /2011 10/1 /2012 10/1 /2013 10/1 /2014 10/1 /2015 Solid Waste $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 Recycling $ 2.19 $ 2.27 $ 2.35 $ 2.43 $2 .52 $ 2.60 Total $27.05 $27.13 $27.21 $27.29 $27.38 $27.46 Appendix A of the Code of Ordinances currently contains a listing of various residential, commercial and roll-off collection fees for Solid Waste and Recycling. Staff is recommending that the Appendix A of the Code of Ordinances be amended to increase rates in accordance with the rate study prepared by Burton and Associates. Counci12011-OS-19 14 Attachment number 1 Page 15 of 23 Councilmember John Doran moved to amend Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates and Charges (3)(c) Solid Waste collection rates; (3)(d) Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recycling for Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal years 2013 through 2016. The motion was duly seconded and carried unanimously. Ordinance 8264-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8264-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.2 Authorize decreasinq the monthly reclaimed water availability fee from $19.58 to $11.18 and increasinq the reclaimed water usaqe fee per 1,000 qallons from $0.62 to $0.93 effective October 1, 2011; increasinq domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasinq domestic, lawn water, wastewater collection and reclaimed water utilitv rates bv 4.5% effective everv October 1 in 2012 throuah 2015 and qass Ordinance 8266-11 on first readinq. The utility rate increase is needed to provide funding to maintain compliance with debt service coverage requirements, supporting the continuation of capital improvement projects needed to sustain the City's utility infrastructure. Infrastructure improvements are needed to maintain compliance with federal, state and district regulations concerning water supply and treatment, the wastewater collection system, and water pollution control facilities; to maintain reliability of the water pollution control facilities due to age of the infrastructure; and to expand the reclaimed water system. Master Plans have been completed for all of the systems in Public Utilities and the capital improvements program has been revised to meet future infrastructure needs. The last rate change, Ordinance 7913-08, was approved on June 19, 2008 and provided for 7% increases effective October 1, 2008 and October 1, 2009 with subsequent 6% increases to be effective October 1, 2010, October 1, 2011, and October 1, 2012. Counci12011-OS-19 15 Attachment number 1 Page 16 of 23 Burton and Associates has completed a water, wastewater, and reclaimed water utility rate study to cover five years of operations. The current study covers the period Fiscal Year 2012 through Fiscal Year 2016 and recommends decreasing the previously approved 6% increases to be effective October 1, 2011 and October 1, 2012 to 4.5%, with subsequent 4.5% increases to be effective October 1, 2013, October 1, 2014, and October 1, 2015. The increases are applicable to domestic water, lawn water, wastewater and reclaimed water. The new reclaimed water rates are significantly lower than potable lawn meter rates. This should provide a financial incentive for customers to use reclaimed water for irrigation, create more satisfaction throughout reclaimed water neighborhoods, and encourage neighborhood-initiated projects and more infill participation. Increased utilization will result in less effluent disposal into the bay and provide for potential local aquifer recharge. The availability fee will be reduced in Fiscal Year 2012 from $19.58 to $11.18 per month and the usage rate will be raised from $.62 to $.93 per thousand gallons. These rate changes should have no impact on projected overall reclaimed water revenues. Anticipated usage of project funding with operating revenues and project restructuring to eliminate the need for a 2012 revenue bond issue is the primary driver for requesting the reduced rate increases for Fiscal Year 2012 and Fiscal Year 2013 and the 4.5% increase for the subsequent three fiscal years. Bond insurers and rating agencies prefer to have several years of approved rates providing the revenues to meet the utility's operating and project needs as well as debt service requirements. Three individuals spoke in opposition and one individual expressed concern with rate of increase. Councilmember Paul Gibson moved to authorize decreasing the monthly reclaimed water availability fee from $19.58 to $11.18 and increasing the reclaimed water usage fee per 1,000 gallons from $0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasing domestic, lawn water, wastewater collection and reclaimed water utility rates by 4.5% effective every October 1 in 2012 through 2015. The motion was duly seconded and carried unanimously. Counci12011-OS-19 16 Attachment number 1 Page 17 of 23 Ordinance 8266-11 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8266-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.3 Approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereiqn submeraed lands beneath Pier 60 throuah April 1. 2016. authorize the appropriate officials to execute same and Adopt Resolution 11-04. The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2011. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 sq. ft., more or less, of state bottomlands. On January 18, 2011, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City's interest in renewing the subject lease for another five years. The renewal is processed after a site inspection and the new rates come out annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The city paid an annual lease fee for 2011/2012 of $4,526.40 on April 5, 2011, from the Pier 60 operating budget. DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .31324 times the 14,450 sq. ft. of bottomland. The cost of renewing the lease instrument for five years is $581.00. In January 1, 2006, DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to DEP. The income made on admission and fish passes from April 2010 through March 2011 was $208,605.01. This amount times 6% is $12,516.30. Because this is more than the 2010/2011 base fee of $4,429.82, the city will pay DEP an additional $8,086.48 from the Pier operating fund. Counci12011-OS-19 17 Attachment number 1 Page 18 of 23 Vice Mayor George N. Cretekos moved to approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2016 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 11-04 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 11-04. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.4 Approve the Third Amended and Restated Interlocal Aqreement of Florida Gas Utility, authorize the appropriate officials to execute same and adopt Resolution 11-13. On March 25, 2011, the Florida Gas Utility (FGU) Board of Directors unanimously approved revisions to the FGU By-Laws and approved the Third Amended and Restated Interlocal Agreement. FGU has had the same governance structure since the early 1990's. However, changes to the FGU organization, along with additional member services provided has made it quite difficult in getting quorums for meetings. In light of budget reductions for travel and recognizing the busy schedules of the FGU members, it was recommended by the FGU Governance Committee that changes to the voting structure, and changes that would mitigate the burden of serving on the Executive Committee would enable FGU to schedule meetings more easily. Below is a summary of the changes: Creation of a Director Representative which will allow Member Systems to remove and replace its Director Representative at-will, to designate an Alternate Director Representative when the primary Director Representative is unable to attend meetings. Power of Executive Committee to adopt or modify procedures, accept the annual audit, take other action not inconsistent with actions taken by the Board and clarify the Board has the right to revoke action of the Executive Committee as long as no contract rights are violated. Weighted voting of each Member (Director Representative): Each Member receives one (1) vote Counci12011-OS-19 18 Attachment number 1 Page 19 of 23 Percentage of total pipeline capacity held by FGU for its Member (1-10 votes) Percentage of total throughput for each Member (1-10 votes) Affirmative vote of 70% (based on weightings) is required to take action Permit Director Representative to attend by telephone or electronic means, only to the extent permitted by law. The Executive Committee (EC) composition remains the same; however, FGU Board will select three (3) or more alternate EC members. Alternates will fill vacancies at any EC meeting. EC is given authority to approve and authorize the execution of contracts. Powers and duties of the FGU General Manager - The GM will manage business and affairs of FGU under the general direction of the Executive Committee. FGU is a not or profit joint action agency made up of 25 Florida Cities, including Clearwater. Clearwater has been a member of FGU since October 2000 and currently has an All Requirements Agreement with FGU that was executed on February 15, 2002. Councilmember Bill Jonson moved to approve the Third Amended and Restated Interlocal Agreement of Florida Gas Utility, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 11-13 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 11-13. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.5 Approve a Utility Work By Hiqhway Contractor Aqreement with the State of Florida's Department of Transportation to install natural qas mains durinq improvement prolect, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50, adopt Resolution 11-14, and authorize the appropriate officials to execute same. Counci12011-OS-19 19 Attachment number 1 Page 20 of 23 The Florida Department of Transportation (FDOT) has a project to widen/improve SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, including roadway, sidewalk, signalization, drainage and other improvements. Staff proposes to install approximately 7,400 feet of gas main, which will replace 95% of our existing facilities due to construction conflicts. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida's Department of Transportation general contractor will perForm the relocation/replacement of our existing natural gas mains. Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96377 - Pinellas New Mains and Service Lines. Vice Mayor George N. Cretekos moved to approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50. The motion was duly seconded and carried unanimously. Resolution 11-14 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 11-14. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.6 CONTINUE TO A DATE UNCERTAIN - Award a contract (purchase order, to Greqory Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $1.882.577.11, which is the lowest resqonsible bid received in accordance with plans and specifications; approve a work order to Enqineer of Record, McKim and Creed Enqineerinq Associates, Inc. in the amount of $123,470.00 to provide Construction. Enaineerina and Insqection (CEII services and authorize the appropriate officials to execute same. Counci12011-OS-19 20 Attachment number 1 Page 21 of 23 The project scope includes installing approximately 20,000 linear feet (LF) of various sized reclaimed mains by horizontal directional drill and 6000 LF by open cut to provide reclaimed water to 450 reclaimed water services within the Clearwater Harbor neighborhood. Due to the location of a proposed reclaimed line being the same as a new gravity sewer line, the Lift Station (LS) 21 Decommissioning project is combined with the reclaimed project. The LS Decommissioning scope includes construction of 750 LF of gravity sewer main and four new manholes along Harbor Drive and removal of the existing LS 21 along with 715 LF of gravity pipe. Gregory Electric is the low bidder by approximately $200,000 and is 11 % less than the final Engineer's estimate. The City received six bids for the project ranging from $1.88 to $2.34 million with the average being $2.17 million. McKim and Creed was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed Gregory Electric's bid and has provided a recommendation of award. The construction phase is anticipated to take 10 months and is scheduled for completion by April 31, 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. The design, construction and CEI of Clearwater Harbor Reclaimed Water project is funded by Southwest Florida Water Management District (SWFWMD) up to 50% for a maximum amount not to exceed $1,102,025 as approved by City Council May 6, 2010.Sufficient budget and funding is available in the following projects: 2009 Water and Sewer Revenue Bond proceeds in 0376-96739, Reclaimed Water Distribution System, in the amount of $652,177.39, 0376- 96665, Sanitary Sewer R& R in the amount of $177,285.90, and Utility R& R revenue in 0327-96665, Sanitary Sewer R& R in the amount of $274,648.89, and 0327-96739, Reclaimed Water Distribution System in the amount of $10,728.27 for a total of $1,114,840.45 for these contracts. A mid-year amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution System of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $891,206.66 to provide total funding in the amount of 2,006,047.11 to fund the construction and CEI. Councilmember Bill Jonson moved to continue Item 11.6. The motion was duly seconded and carried unanimously. 11.7 Ratify and confirm the City Manaqers approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the desian for the North Greenwood Counci12011-OS-19 21 Attachment number 1 Page 22 of 23 Recreation Aauatics Center and Librarv Renovations. Wannemacher Jensen Architects, Inc. (WJA) was hired by the City to do all architectural work related to the renovations and expansion of the North Greenwood Recreation Aquatics Center and Library. They were requested to fast track the design so that construction would begin this summer and be completed prior to closing the Martin Luther King Jr. Recreation Center. Due to several heavy rains at the Center over the past several months, the entrance to the center was flooded and the water entered the building. In order to correct this situation and be able to provide an improved entrance and drop-off area, staff requested that WJA provide a design to correct the drainage issues as well as provide for a covered walkway to the parking lot. Additional funding was needed for mechanical engineering and design work for enhancements to the library computer lab. The covered walkway will provide for better access to the building during inclement weather for all patrons but most notably for senior adults and children who need to be dropped-off. In order to continue with the design and be able to meet the design and construction schedule the City Manager approved staff's recommendation to increase the contract for WJA from $95,243 to $112,193. Funds are available in CIP 315-93621, North Greenwood Recreation Center Renovation. Staff is recommending that the Council ratify and confirm this decision. Councilmember John Doran moved to Ratify and confirm the City Manager's approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the design for the North Greenwood Recreation Aquatics Center and Library Renovations. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 12. City Manager Verbal Reports - None. 13. Closinq Comments bv Mavor Mayor Frank Hibbard reviewed recent and upcoming events. 14. Adlourn The meeting was adjourned at 10:13 p.m. Counci12011-OS-19 22 Attest City Clerk Mayor City of Clearwater Attachment number 1 Page 23 of 23 Counci12011-OS-19 23 City Council Agenda Council Chambers - City Hall Meeting Date:6/2/2011 SUBJECT / RECOMMENDATION: Adopt Ordinance 8251-11 on second reading, annexing certain real property whose post office address is 2419 Nursery Road, into the corporate limits of the city and redefining the boundary lines of ihe city to include said addition. SUMMARY: Review Approval: Cover Memo Attachment number 1 Page 1 of 2 ORDINANCE NO. 8251-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 495 FEET WEST OF SOUTH HAVEN DRIVE, CONSISTING OF EAST 85 FEET OF WEST 300 FEET OF NORTHWEST '/4 OF SOUTHWEST '/4 OF SOUTHEAST '/4 OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE16 EAST, LESS RIGHT OF WAY FOR NURSERY ROAD, WHOSE POST OFFICE ADDRESS IS 2419 NURSERY ROAD, 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: The East Eighty-five (85) feet of the West Three Hundred (300) feet of the Northwest quarter (NW '/4) of the Southwest Quarter (SW '/4) of the Southeast quarter (SE '/4) of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. LESS any part of said tract lying within right of way of Nursery Road. (ANX2011-02001) 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. Ordinance No.8251-11 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. 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'� F� �.. �}T:•�� .�r� �.. ,• I[r"� •,� • . : �"; �: �• ,--� "� �„ -�:`. .g� �1$ �; j�.7�� i� : f ;f'�ti' j_: � ia�� •a' . �'.• ��: • •i . PROPOSED ANNEXATI4N MAP ANX201 1-02001 Owners: Unity Clearwater fnc. Case: LUP201 i-02003 R EZ2011-02003 Site: 24l 9 Nursery Road Property ].243 Size(Acres): Lanc� Use Zoning � PI�J: 19-29-i 6-00000-430-0300 From : RU, WATER/DRAINAGE FEATURE A-E (CauntyJ To: I, WATER/DRAINAGE FEATURE I{City) Atlas Page: 317B City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Adopt Ordinance 8264-11 on second reading, amending Code of Ordinances Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public Works — Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates; (3)(d) Recycling; and Section (5)(b) solid Waste Roll-Off Container ar Waste Receptacle Service. SUMMARY: Review Approval: Cover Memo Attachment number 1 Page 1 of 17 ORDINANCE NO. 8264-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS—FEES, RATES AND CHARGES, SECTION (3)(c) SOLID WASTE COLLECTION RATES; (3)(d) RECYCLING; AND, SECTION (5)(b) SOLID WASTE ROLL-OFF CONTAINER OR WASTE RECEPTACLE SERVICE, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current solid waste collection fees, rates and service charges of the Solid Waste/General Services Department became effective at various times from October 1, 1994 to July 1, 2005; and WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section 3(c), Section 3(d) and Section 5(b), Clearwater Code of Ordinances, is hereby amended as follows: XXV. PUBLIC WORKS--FEES, RATES AND CHARGES (§ 32.068) * * * (3) Rates: * * * (c) Solid waste collection rates. 1. Monthly charges for twice weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: One 90-gallon container will be provided for automated service for each living unit. Additional 90-gallon containers will be provided at the discretion of the director of solid waste/general services at the rate specified below. Where routes are automated, automated service shall be the only option. Ordinance No. 8264-11 Attachment number 1 Page 2 of 17 Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 � n i �,-o,-�;�oo; a-0��-/�90� 1�8/ �-/�99-9 � n i_�� ;�o �, g � n i �i_o, ,;�o''_ Each living unit, 24.86 24.86 $24.86 $24.86 24.86 minimum �q.g �� g $�8 Each additional 24.86 24.86 24.86 24 $6 24.86 container 2�-q.g �2:�5 ��:gg ��.:1g (ii) Side or rear building collection: Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons. For each additional 32- gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each 90-gallon container. Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 � ni�-�o,�o�^-'� �8/�-/�BA� ��88� a-8J-1�2$�-9 � ni��,-,-r�n� ��_ 49.72 49.72 49.72 49.72 $49.72 Each living unit 4�.�& 4�1-8 4�.-�6 $�8 Each additional 17.36 17.36 17.36 17.36 container �.¢.gg �� a.� 17.36 a.g � (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 -�A��-/-�89� �-A�89� a$/a-/�08� a-8�1�/�918 � ni�-ro,-,_;�o; � 8.28 8.28 8.28 8.28 Each account, ��_�¢ �� a �� $$.2$ �g �a minimum b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum 2 Ordinance No. 8264-11 Attachment number 1 Page 3 of 17 Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 � ni�-�-o,-�T�9o? ��I11�%289� a-9�-1�89-9 � ni�_��o�,_�� o � ni�_.��,_„!��n?�_ 24.86 24.86 24.86 24.86 Q'� $22:55 $23:� $24.86 $��_�8 All additional living units, per unit Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �99� �ni��o �ni��4n �ni��T 13.03 13.03 13.03 13.03 �� $13.03 �g (ii) Side or rear building collection: First living unit, minimum Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �-8�99� �ni��o �ni��4n �ni��T 49.72 49.72 49.72 49.72 �� 49.72 �� All additional living units, per unit Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �A�1-{2�A8� a�9E�/2-89� a-9/1-{�8A9 �8/�1-�-1-8 �ni�_�.�r;�?=: 24.86 24.86 24.86 24.86 Q'� $2�-5� $�� $24.86 $26-'�9 c. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (3)(c)2.a. of this section. d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. 3 Ordinance No. 8264-11 Attachment number 1 Page 4 of 17 (i) Curbside pickup, minimum Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �99� �ni��o �ni��4n �ni��T 24.86 24.86 24.86 4� Q'� �� g $24.86 �� (ii) Side or rear building collection: Two containers, minimum Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �9��-�88� a-8/�-/�59� �8/�-�2�889 � ni-.�r;;�8 ��!-�8a-1- 49.72 49.72 49.72 49.72 $4�.� $4�8 $�6 $49.72 �9 Each additional container Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �99� �ni��o �ni��4n �ni��T 17.36 17.36 17.36 17.36 �1-4-�� $a.5 74 ��&-5� $17. 36 $�� (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this section. e. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: First eight containers Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �-9��89-� a-9{�/-2A9� a-9�-�/�-89� �9��-1-28�8 �ni�-r4��4n�=;� 104.06 104. 06 104.06 $104.06 $�8._.�� 94-�� 9�-a-9 $104.06 �.�..99 �6 4 Ordinance No. 8264-11 Attachment number 1 Page 5 of 17 Each container in excess of eight Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��? �99� �ni��o �ni��4n �ni��T 15.28 15.28 15.28 15.28 x,� $�� $�-�-�� $15.28 �� (ii) Side or rear building collections: First eight containers Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��? �-8�99� �ni��o �ni��4n �ni��T 208.12 208.12 208.12 208.12 � 1�6 $�-�-�6 $�8 $208.12 Q'� Each container in excess of eight Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �-9��98� a-9{�/-2A9� a-9�-�/�89� �91-11-28�8 �ni��r4,_� �4n�=;� 30.51 30.51 30.51 30.51 $��6 36 �2-7-6� �J-9& $30.51 $3�-94 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c. of this section. 2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. a. Curbside pickup: (i) One container, minimum Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 � ni� i�nn� � ni� i�nnQ � ni� i�nna � ni� i�n� n � ni� i�n� � �-or„-�-r �-�„ �o �-or„-�� -or„ �4 �-or„-�,T 65.05 65.05 65.05 65.05 $6�-�8 �56=�3 $59-A8 $6�95 $65.05 5 Ordinance No. 8264-11 Attachment number 1 Page 6 of 17 (ii) Each additional container Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �99� �ni��o �ni��4n �ni��T 65.05 65.05 65.05 65.05 $6�39 $�6 �-9 $�3�9 ��-9� $65.05 ' b. Side or rear building collection: (i) One container, minimum Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �8/-1%288-� ��80� �-8�'�{288-9 ��9�-8 -�8�1��2�8�� 130.10 130.10 130.10 130.10 $'1'�� $�-��:-99 $'12�:99 $130.10 � .&9 (ii) Each additional container Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��T �99� �ni��o �ni��4n �ni��T 130.10 130.10 130.10 130.10 $�-1-�� $-'1�-08 $�-��J9 $130.10 �_ c. Commercial containers: (i) Uncompacted commercial: Effective 10/1/2011 throu h 09/30/16 �9/�BA� Size Times per Week Pickup (cubic 1 2 3 4 5 6 7 yard) � 63.82 115.75 166.11 229.44 303.30 440.34 504.19 $6�9-� �4 $-�-�4-4-� Q'�^ � . °�� $� �-�� 6 $�-:48 2 115.82 211.56 307.31 423.13 563.27 828.56 944.37 1'JTCi-vc �4 �� 4�44-�9 �1-44 �� °O� 3 149.81 273.73 397.64 547.53 728.84 1,072.16 1,221.95 a�7:31- ��7�� 41-7-:53 574.�� -65�2� �1�5:7-� �2�3�85 6 Ordinance No. 8264-11 Attachment number 1 Page 7 of 17 4 179.95 331.98 484.05 668.03 890.56 1,311.87 1,491.82 �a �� 8�-.-�6 �9-1-:44 �� ' , ��r � , �� 5 180.25 360.43 540.65 758.64 1,022.41 1,521.73 1,701.94 '��9-�-� 3��6 �67�9 �96:� a-;9��54 �,F� vQ7:o� �7��:94 6 243.36 451.71 660.09 912.16 1,326.69 1,794.48 2,037.84 255:53 47-4:39 693� 1-8 ��7� 7� ��3.-93 �,�, w�z'- ', ��Q-7T 8 307.25 572.00 836.77 1,157.06 1,544.57 1,857.75 2,154.14 �� &89�8 �� ' ,'�-�°� � ,��Q �4 ','�� ! � .s r _ � L� �. � 5 ,� y� . �. � � � �� T.,�,00 .,or \A/ooL Dir�L� �., {c��s- �-- � —� —4— —�— —&— —� Yar�}- � �� $�-�6 $�8 Q'�9 $�4-9 $4�� a9,�:A4 �91:�� 27�:7-3 3�3:7-9 5a9:-�9 7-51:�� &:5� � �� 4-�� 6 4�� &�1-�-� �4� �4 t�i- �tl�--F� �I�H4 tl�-�� i-!-F} �, ��--r Rv�✓v �,��--ovvT� � C -tti�-4�� cC-�-�i- 4�i-d� GF�: tC :9��:c�d �,�-i-w��t �t�C -ci � �29:73 499�71- 5��71- �27:�5 -�,�93:34 a ��2�:� a ��4-�:�� -, 94�4� a-, 4-99 .�6 ' , �� 6 . .. : �� T.r,00 .,or \A/ooL Dir�L� �., �� — �— —�— —4— �— —6— � �� $68-�� -'�0�3 ��2� ��1-��-1- �2��5 �4-'�-9:� $4�A:'4� � a'�9�8 �9'�-4� �92-6� 4-9�sJ� 5�&:44 �-�9:'1�8 ��9�9 � ^� �� 8 �1-:4-� �� ' , ^�o �6 � 4— �� 4�1-:88 �� ' ,'�-�:^.o ' ,''�--'�o a— a-�� 343:2& aa�4:99 ��- 9-7-�-7-� ',^.-�°:�o �� Ordinance No. 8264-11 Attachment number 1 Page 8 of 17 6— 23�:� 438:�8 6�$:65 �6�:�� a�&3:`�� ,',-,�°:o� �,949��9 � °'�. � �- �44: �� 96-9� �-1-9� : 96 � , ^-.-�? r � � � ,'��°-�0 2; 9�1-� � . . . � Timoc r�or \A/ooL DirL� ir. �� 4— � � � �� a�� $�� '�__°: �4 $�-�9 �4 $�84�9 � �� 6 �� 4�-� �� 36 0^� 3— a49:�1 �7-3�a� 397:�4 547-53 �2�:�4 �,�,-o?�.�-o �,�. -��v 4— ? �- ° � 33a : 9� 4�4-: 9� 6�-93 �98: �6 � , �T�,TO,'- ' , ^�� Q� ddtt4� .��49-.ii.7 Y-�4 �,n�--ozc�T �,�'�-.��c-�i-:?a �,��--,v;-O-^r � G �F�H �F-�-F d�t9 �t�-h� � � ��--azv : vQ � � ��-�-Qi-�v � � nr-o�v-^r l7— p �F�V � �Vtl-F-t- � ��`'-i-vrr:v�' � ��-v�:�i-T L� ��'� i��'��• � � ■ I� �� I I I � • � ..� .: � I � I�� I I / � � � I I _ � � � � � � _ 1 la �� ' ` �� . .: .. .. �. ., , ., . _. 'a - �� a � � �� . _ . � : . , ia , , _. :._ , � -.- ._ � . . a - -.. _. � - � � � � -- �: (i) No new one-yard commercial containers shall be provided after January 3, 1991. Ordinance No. 8264-11 Attachment number 1 Page 9 of 17 EXTRA DUMP CHARGES (Collection charqe for pickinq up an uncompacted container over the stated times per week, per collection. Size 10/1/2011 10/1/2012 10/1/2013 10/1/2014 10/1/2015 (cubic yard) � ni� i�nn� � ni� i�nnsz � ni� i�nna � ni� i�n� n � ni� i�n� � �-�„-�-r �-�„-�� -�„-� o� �-�„-�� -�„-�,T 1 14.73 14.73 14.73 14.73 $a-�� 6 $-�4-8� $14 . 73 $� �:4� 2 26.72 26.72 26.72 26.72 �:-0-9 �4 �4� 26.72 �:-96 3 34.57 34.57 34.57 34.57 �6 �� ?9-� 34.57 �9 4 41.52 41.52 41.52 41.52 �-� �6 �4 41.52 4�-�9 5 41.60 41.60 41.60 41.60 �� -� 41.60 4�:-6� 6 56.16 56.16 56.16 56.16 4��- �9:94 ��-4-9 56.16 �-9-� 8 70.91 70.91 70.91 70.91 �� &4.3-�- �� 70.91 �4.46 (ii) Compacted commercial: Effective 10/1/2011 throuqh 09/30/16 1n�'�T Size Times per Week Pickup (cubic 1 2 3 4 5 6 7 yard) � 135.54 271.06 406.55 570.53 768.89 1144.37 2124.68 $-'��-7-.9� ��34-�4 �351:'I-9 $49�.��- �664-'�� $�:54 $��3� 2 231.70 463.40 695.07 975.38 1,314.49 1,956.44 2,321.57 �n� ^n� 6AA-4� �4-�--� -4��-'3�:49 a-�-99:-9� '',�� ov.�� 3 327.89 655.73 983.56 1,380.21 1,860.08 2,768.50 3,284.89 �3-2-� 5�:4� �4�:� ','�-�Q� �;�6:�9 ',��v°r:� �;�37:69 4 424.12 848.21 1,272.31 1,785.38 2,406.13 3,581.22 4,249.65 ��6�6 �32a-8 a;999:0� �,�-.��,'- ',^�o-?o�° �9-9�-5� 3;�7'1:99 6 616.37 1,232.72 1,849.07 2,594.71 3,496.86 5,204.63 6,176.10 �� r� � Ga� �Q �� nn �z n�n �� n �aG a� G��G �n �o �-,�o �T -r--�� --�-r 8 808.68 1,617.39 2,426.04 3,404.43 4,588.05 5,518.31 7,366.31 �6 �,�� ' n�o �,a^�o 4$1-�46 �,��- °�v �4-6� Ordinance No. 8264-11 Attachment number 1 Page 10 of 17 � ��• _�'��,� Timoc r�or \A/ooL DirLi ir� �� $��33 $245:�� 36�� $��7-4� �9�48 �8�� Q'' ,°�; . rT Q'�� 4�9-�� $�8:44 �� ,''�T � � ,'��. �', �� 3— ��-49 ��94-7� �9�� $�� $-a��-4 $��5a 4-�-9 Q',°��°.� � $3�4-:6� $�9:34 $-1�-54:9-a- $1;619:3-9 w',�:4-� $3��4��6 $�;�`�4-:55 � �� $�-�8 $�-�� 4-� $�-�� ^,�7� $�-�9 �— �9 �� ','�^^-.�^o �� $4;�-�-4� ��,�� . .. : �� r��„o� .,or �nioo� ��,.U� �n �� a-- � 3— 4— �— 6— � �� $�-��-A� �25�-1-� �3�-�1-9 ��43�& $�� $��9:� $�9�-�:�9 � ��9�6C 441-3� 661-9�� 2�:93 '!,'-�Q?:o° 1-,�63:�� '',��?=!-S;- 3— �� 439 �� ' ,��-�^ .^o ' ,'�o �6 ��-:46 ^n� �07:�1 ',',-�-':?z ��7-99�6 �,'��ov 3;4a-9�� ^,^-�T,'.z'o 4— � �7-91- �,'�--r;�T �-8�- `',^�?�T.',-o ��-'39:�4 4;956-�9 ��8 �� Gnn �z� � 2�n �� n� �� n z�a G� G��G G� � n�G F� � �-.�r ��T �T -�-�r �v ,-�-�a 10 Ordinance No. 8264-11 Attachment number 1 Page 11 of 17 � � � ��.•��,��. _�' f��_ Timoc r�or \A/ooL DirLi m {eu�E�- �- � � - 4- 5- &- �- ya�) a- $�4 $�1-96 �486�a $�� $-�144-�� Q',��-'�o � �� 4�48 &��-9� �5-� ' , ��vTT�° ��:44 '', ��'�; .� � 3��:�� &��:7-3 ��:56 a ;3�9-2-4 a�9:0� �7��:-�9 ','��° ^ n 7� Q Av�v � c� � , �7z� .�.2 � t�Y-E�.-dEi � , ^�--rw�� , r'.�-�vTiz ^ , �-r-z-�r.��-vv `� G d-Fd-d-l- ��-zoc-�rz � t��•Q�T d-�-F�d:Hl7 r'��.TCV-^i-va l�� FttY.-Ftt F7- �- �� ,��° '',^��T 3;4A4:43 4;��:8`a �-1-�-3�- ��3�- ��s�r_sr.�c��r.z`� � � . I��. ��0 '=� :� " . : : . _ . . . . _ . , � . . A0 . . � . . � �� .. . A ._ , ,,. _ .._ .. ..: .. ,,. , . _ . .. . . . , , , .. '�� - I� ". . .. _ .. . . � . _i _ . i _. . I � • , • �� , , • , � EXTRA DUMP CHARGES (Collection charge for pickinq up a compacted container over the stated times per week, per collection.) Size 10/1/2011 10/1/2012 10/1/2013 10/1/2014 10/1/2015 (cubic yard� a-9�1-�298� �A/��88� �-A,�'��l-�89-9 �a-{�9-'a-9 ' ��''�-o,-r��T � 1 31.28 31.28 31.28 31.28 �7-.� � � $31.28 $�� 2 53.48 53.48 53.48 53.48 4�� 4�58 �� 53.48 �� 3 75.66 75.66 75.66 75.66 �36 �� -96 75.66 �9-:44 4 99.07 99.07 99.07 99.07 �5� �6 �� 99.07 ' n�^ .-^�' 6 142.57 142.57 142.57 142.57 �� 142.57 � ^� 8 186.62 186.62 186.62 186.62 �� 186.62 1 Q� 11 Ordinance No. 8264-11 Attachment number 1 Page 12 of 17 3. The charge for the collection of loose trash or garbage shall be as specified below: Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 a-9��-1-2�� a-9�--4/�-89� 19/-�-/-2-909 �8/1-/�2-A-1�9 � ni�-,-�,_r;�n�. For time on the site, minimum 15 57.02 57.02 57.02 $57.02 57.02 minutes plus cost of disposal Q^� �� QF� (dump fees) 3.79 3.79 3.79 3.79 Each additional minute $�� $�:44 ��- $3.79 �3_� 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of solid waste and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city commission, upon the recommendation of the city manager. (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) $57.50 2. Curbside recycling: a. Monthly charges for curbside service for once-weekly collection for each unit: Fiscal Year Beginning 9e�ebe�� 10/1 /2011 10/1 /2012 10/1 /2013 10/1 /2014 10/1 /2015 ��9� 298� �A9� �S-'1�8 �8'I'� 2.27 2.35 2.43 2.52 2.60 $2��- $2:9� ��.'�3 ��1-9 $2:44 ** * 3. Monthly charges for multifamily collection of prescribed service initiated before January 1, 1996: a. Service with semi-automated carts: 12 Ordinance No. 8264-11 Attachment number 1 Page 13 of 17 Fiscal Year Beginning 9etebe�� 10/1 /2011 10/1 /2012 10/1 /2013 10/1 /2014 10/1 /2015 289� �A9� �889 Cluster of 1, 2 or 3 Carts Time(s) per Week Pickup 67.02 69.37 71.80 74.31 76.91 1 $�� $�6 $�a $�-�� 121.00 125.24 129.62 134.16 138.86 2 x $�86-�� $a-�9-�� $�-�8 $�� 1�'°.'r-'r 174.97 181.09 187.43 193.99 200.78 3 x $�54�� $�� $�64�� $�9� $a �� Cluster of 4 or 5 Carts Time(s) per Week Pickup 75.16 77.79 80.51 83.33 86.25 1 ��6 ��:45 �7��9 $�2� ��9:&a. 137.29 142.10 147.07 152.22 157.55 2 x $-4�=�:48 $-1��4 $12�� $a-3� 65 �447:24 199.43 206.41 213.63 221.11 228.85 3 x $�-�4 $�1-6� $� �8� $�� Each Additional Cart over 5 Time(s) per Week Pickup 8.75 9.06 9.38 9.71 10.05 1 $�7-� $�96 �-29 $�45 $9-�� 17.47 18.08 18.71 19.36 20.04 2 x $15.45 $�5:9'� $16:39 $1�6.�� $1�:7-4 26.23 27.15 28.10 29.08 30.10 3 x $��-.�� $23.�� $�4:&9 $�5:34 $��:'I-3 13 Ordinance No. 8264-11 Attachment number 1 Page 14 of 17 b. Service with non-compacted commercial container: Effective 10/01 /2011 ' n�'�T Dumpster Size 1 2 3 4 5 (cubic yard) 51.27 93.68 138.40 187.38 249.42 2 $4�34 $�� $�� Q'�'�-.��^ 66.34 121.21 176.06 242.12 322.75 3 �6 a-9�� 4:-8� �� 79.68 147.03 214.36 295.81 394.39 4 �9:46 �-39:99 �� 36 �� 107.76 200.04 292.32 403.94 539.01 6 �9 �� -46 �6 4�5� 136.06 253.31 370.55 512.40 684.00 8 �� 38 �� 3��64 45�-8� 68�3 Effective 10/01 /2012 1 ��',�o Times Per Week Pickup Dumpster Size 1 2 3 4 5 jcubic yard� - - - - - 2 53.06 96.96 143.24 193.94 258.15 - $4-�9 $�-�� $�-�a $a-�8 � 6a �'� 3 68.66 125.45 182.22 250.59 334.05 - 69:4-� a-�9-�� a-69 � 3� �8 �4 4 82.47 152.18 221.86 306.16 408.19 - ��5� a ��.98 �95:2� ��9:41 35�� 6 111.53 207.04 302.55 418.08 557.88 - J�:�S ��'I-� �6C:2� 367:� 498:�� 8 140.82 262.18 383.52 530.33 707.94 - ��- �� 4� 4�� 14 Ordinance No. 8264-11 Attachment number 1 Page 15 of 17 Effective 10/1/2013 -�A�99� Times Per Week Pickup Dumpster Size 1 2 3 4 5 (cubic yardZ - - - - - 2 54.92 100.35 148.25 200.73 267.19 - $4�: ��0 �7�� $-1-29.�3 �� $�3�� 3 71.06 129.84 188.60 259.36 345.74 - �� 9 �6 �� n� 4 85.36 157.51 229.63 316.88 422.48 - �� 9a-:9� �7.4� �� 6 115.43 214.29 313.14 432.71 577.41 - a-91-99 �7:6� �74�0 �7��1- �95:61- $ 145.75 271.36 396.94 548.89 732.72 - a-�7:63 ��'1 �47:59 4�8�5 64� Effective 10/1 /2014 ' ��'�� Times Per Week Pickup Dumpster Size 1 2 3 4 5 (cubic yard) - - - - - 2 56.84 103.86 153.44 207.76 276.54 - �4�:54 ��9:5a- $a 33: �� $ � �1:84 $�49:99 3 73.55 134.38 195.20 268.44 357.84 - &4-48 a 1-�:1a- ��-�=� �3�:93 ��-'1-�4 4 88.35 163.02 237.67 327.97 437.27 - �� a-4-�86 �9�� 1-:8-� 6 119.47 221.79 324.10 447.85 597.62 - a-94:a-� �� ?4� �� $ 150.85 260.86 410.83 568.10 758.37 - 1�3� �46 �44:�� 3�.8� 4�5�8� 669�� Effective 10/1/2015 ' ��T Times Per Week Pickup Dumpster Size 1 2 3 4 5 (cubic vard) - - - - - 2 58.83 107.50 158.81 215.03 286.22 - a�� $-�-89-�1-� $�-�-�� Q'�^^.�°� $�8 3 76.12 139.08 202.03 277.84 370.36 - �'I�a ��93 a�� 34&�14 4 91.44 168.73 245.99 339.45 452.57 - ��:46 a57:69 �-�9:�9 317:25 ^'��.°�' 6 123.65 229.55 335.44 463.52 618.54 - �� 1-4�4 �8 4�� 9-� 15 Ordinance No. 8264-11 Attachment number 1 Page 16 of 17 8 156.13 290.69 425.21 587.98 784.91 — a-4�� 6 �48 �� Multifamily complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. 4. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: Effective 10/1 /2011 10/1 /2012 10/1 /2013 10/01 /2014 10/01 /2015 �ni��? �-8�99� �ni��o �ni��4n �ni��T 1.70 1.76 1.82 1.88 1.95 �� $�4 �9 �4 �� * * * (5) Other Miscellaneous Charges: * * * (b) Solid waste roll-off container service: *** 2. Pull charges. A pull being the hauling, dumping and returning of a container one round trip.-; In the City of Clearwater Effective 10/01/11 throuqh 09/30/16 1 n��,-�T: a. 10 or 20 yard, per pull. b. 30 yard, per pull. c. 40 yard, per pull. Compactors in service before 07/01 /05 106.53 �o� 112.14 �� 117.73 -�-9�-1-� Other Roll-offs in service after 06/30/05 117.73 $a-8�-1-� 123.33 a-9�:-9� 128.95 �-A9 Outside the Citv Limits of Clearwater and within Pinellas County Effective 10/01/11 throuqh 09/30/16 �-8�89-� d. 10 or 20 yard, per pull. e. 30 vard, per pull. f. 40 yard, per pull. service to customers. * * * Compactors in service before 07/01 /05 122.51 $�-9�3� 128.95 �9 135.40 �� Other Roll-offs in service after 06/30/05 137.74 $�-�9 144.30 a-�4� 150.86 �-9 16 Ordinance No. 8264-11 Attachment number 1 Page 17 of 17 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk 17 Ordinance No. 8264-11 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Adopt Ordinance 8266-11 on second reading, amending Code of Ordinances Appendix A, Article XXV Public Works — Fees, Rates and Charges; Section (3)(a) Water Rates, Section (3)(b) Wastewater Collection Utility Rates, and Section (3)(� Reclaimed Water Rates. SUMMARY: Review Approval: Cover Memo Attachment number 1 Page 1 of 12 ORDINANCE NO. 8266-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR DOMESTIC WATER, LAWN WATER, RECLAIMED WATER AND WASTEWATER COLLECTION UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXV PUBLIC WORKS - FEES, RATES AND CHARGES; SECTION (3)(a) WATER RATES, SECTION (3)(b) WASTEWATER COLLECTION UTILITY RATES AND (3)(f) RECLAIMED WATER RATES CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(a) Water Rates, Clearwater Code of Ordinances is amended as follows: (3) Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be a monthly fee as provided in the table below based on the meter size and volume allowance, with an additional charge per 1,000 qallons of water consumed over the allowance per the table below. Such rates will take effect for bills issued on or after the dates shown in the following table, and shall remain in effect thereafter unless amended: Meter Size October October October October October 1, 1, 1, 1, 1, 209�11 209912 20193 201a-4 201�5 Under 1-inch: Ordinance 8266-11 Attachment number 1 Page 2 of 12 �{� ��r3 �� -�-�..—rJ-�3 Base 16.30 17.03 17.80 18.60 19.44 service charge with-�age allowance up to 3,000 gallons Plus, from �-� �� -�-�-� �� -�� 3,001 t0 6.60 6.90 7.21 7.53 7.87 9,000 gallons, per 1,000 gallons Plus, from � � � -�- � � � 9,001 8•33 8.70 9.09 9.50 9.93 gallons up, per 1,000 gallons 1-inch: ��.�� Base 38.04 39.75 41.54 43.41 45.36 service charge with-�-sa�e allowance up to 7,000 gallons Plus, from �� - �—� �� —� 7,001 t0 6.60 6.90 7.21 7.53 7.87 40,000 gallons, per 1,000 gallons Plus, from �� -�-�-� 40,001 8•33 8.70 9.09 9.50 9.93 gallons up, per 1,000 gallons Ordinance 8266-11 Attachment number 1 Page 3 of 12 1 1 /2-inch: �� n�� nn �� n nn �� nn �o� nn �P �P ��Q �v�vv Base 543.40 567.85 593.40 620.10 648.00 service charge with-�-sage allowance u p to 100,000 gallons Plus, from �� -�-� �� ; . � 100,001 t0 6.60 6.90 7.21 7.53 7.87 140,000 gallons, per 1,000 gallons Plus, from � �� -�-��- �-� � �� 140,001 8•33 8.70 9.09 9.50 9.93 gallons, per 1,000 gallons 2-inch: A A i n�� c�r �� n_�%��r ��c �� Base � � � � � 1,266.1 1,323.1 1,382.6 1,444.8 1,509.8 service 2 0 4 6 8 charge with-�-sage allowance u p to 233,000 gallons Plus, from �� -�-� �� ; . � 233,001 t0 6.60 6.90 7.21 7.53 7.87 343,000 gallons, per 1,000 gallons Ordinance 8266-11 Attachment number 1 Page 4 of 12 Plus, from �� -�-�-� 343,001 8•33 8.70 9.09 9.50 9.93 gallons, per 1,000 gallons 3-inch or 2-inch in manifold: ��i-1 �� 4� �� ,�: s �1�� Base � � � � � 1950.81 2,038.6 2,130.3 2,226.2 2,326.3 service 0 4 1 9 charge with+�sa�e allowance u p to 359,000 gallons Plus, from �� -�-� �� . � 359,001 t0 6.60 6.90 7.21 7.53 7.87 474,000 gallons, per 1,000 gallons Plus, from -�-�-�� -�-�-�� 474,001 8•33 8.70 9.09 9.50 9.93 gallons, per 1,000 gallons 4-inch: iW11'fTYYtG�. -�� P -��z ��z � � °—�r�� n�� Base � � � � � 3,754.8 3,923.8 4,100.4 4,284.9 4,477.7 service 9 6 3 5 7 charge with+�sa�e allowance u p to 691,000 gallons Ordinance 8266-11 Attachment number 1 Page 5 of 12 Plus, from �� -�-� �� ; . � 691,001 t0 6.60 6.90 7.21 7.53 7.87 979,000 gallons, per 1,000 gallons Plus, from � =�� - �� —� 979,001 8•33 8.70 9.09 9.50 9.93 gallons, per 1,000 gallons 6-inch: �� o n�� 8 c�c � ca �1�, ca �o n � n �o� 'O�TOZ � O GV : J T T '�. 'Q Z'O � J"O .�r Base � � � � � 9,645.3 10,079. 10,532. 11,006. 11,502. service 5 39 96 94 25 charge with-�sa�e allowance u p to 1,775,000 gallons Plus, from �� —�-�- -�-�-� �� -�� 1,775,001 6.60 6.90 7.21 7.53 7.87 t0 2,025,000 gallons, per 1,000 allons Plus, from �� -�-�-� 2,025,001 8• 33 8. 70 9. 09 9. 50 9. 93 gallons, per 1,000 gallons 8-inch: Ordinance 8266-11 Attachment number 1 Page 6 of 12 �� r_�n. �n �on �� cnn. ��r_n �� n �� =--�c�� j v� �c� r��z� Base � � � � � 16,302. 17,035. 17,802. 18,603. 19,440. service 00 59 19 29 44 charge with-�age allowance u p to 3,000,000 gallons Plus, from �� ; . � 3,000,001 6.60 6.90 7.21 7.53 7.87 t0 3,413,000 gallons, per 1,000 gallons Plus, from -�-�� -�- �-4s -�—�-� 3,413,001 8• 33 8. 70 9. 09 9. 50 9. 93 gallons, per 1,000 gallons 2. Lawn water meters. Lawn water rates shall be as follows and will take effect for bills issued on or after the dates specified: Lawn meter size. Under 1-inch: October October October October October 1, 1, 1, 1, 1, 209�11 209�12 20193 201�-4 201�5 Base service charge, 4.�6 �9 � �:-�-9 �4 with no �e� usaqe 5.81 6.07 6.34 6.63 6.93 allowance .... Plus, up to 2,000 � � � � �-1- gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons .... Plus, from 2,001 �1-4 � � � -a-�4-� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 1-inch: Ordinance 8266-11 Attachment number 1 Page 7 of 12 Base service charge, �4:5� �9 �9 -�� -� with no �a�e� usaqe 17.44 18.22 19.04 19.90 20.80 allowance .... Plus, up to 7,000 � �-3 � � � gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons.... Plus, from 7,001 �4 �1- � � �4-� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 1 '/2-inch Base service charge, �?94 �9� �-�- �� with no �a#e� usaqe 87.27 91.20 95.30 99.59 104.07 allowance .... Plus, up to 9,000 � �-33 � � � gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons.... Plus, from 9,001 �-4 �1- � � -a-�4-� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 2-inch: Base service charge, �94:�-� �� -� ��-5 ?�� with no �a�e� usaqe 244.34 255.34 266.83 278.84 291.39 allowance .... Plus, up to 40,000 � 7.07 � � � �-1- gallons, per 1,000 7.39 7.72 8.07 8.43 gallons.... Plus, from 40,001 �1-4 �1- � � �4� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 3-inch or two 2-inch in manifold: Base service charge, 4A3-.5-9 4�4 4�� 4�� --1-�3-1-� with no v�a�e� usaqe 482.86 504.59 527.30 551.03 575.83 allowance .... Ordinance 8266-11 Attachment number 1 Page 8 of 12 Plus, up to 100,000 � �-3 � � � gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons.... Plus, from 100,001 �1-4 � � � -�-0-4� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 4-inch: Base service charge, �9-� �?4-9 �6 �44�� 999:� with no �e� usaqe 930.84 972.73 1,016.5 1,062.2 & allowance .... 0 4 1,110.0 4 Plus, up to 233,000 � � � � �-1- gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons.... Plus, from 233,001 �4 �1- � � -a-�4� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... 6-inch: Base service charge, �34� ��9 �9 �� ,n� with no �a�e� usaqe � 6 � �- � allowance .... 2,809.9 2,936.4 3,068.5 3,206.6 3,350.9 7 2 6 5 5 Plus, up to 359,000 � �-3-3 � � �- gallons, per 1,000 7.07 7.39 7.72 8.07 8.43 gallons.... Plus, from 359,001 �4 �1- � � �4� gallons, per 1,000 9.74 10.18 10.64 11.12 11.62 gallons.... ********* Section 2. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(b) Wastewater Collection Utility Rates, Clearwater Code of Ordinances is amended as follows: Ordinance 8266-11 Attachment number 1 Page 9 of 12 (b) Wastewater collection utility rates. �. There is hereby established a uniform schedule of rates and charges for the �-se-e�availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee, as provided in the table below, based on the meter size and volume allowance of domestic water, with an additional E�g nf � minimi �m r+h�rrro fnr �n �ccirrnorJ �inli imo nf rJnmoc�ir+ �nio�or c�nio�or�l �eii+h oonh �nio�or }�� , ��o ch��nin oc tho vv'a'ccr-��J��vcra' ca-wrcrrcc�irrcvuccr��tG`t-Jrc�n�w'rtZrcrcrru , charge per 1,000 gallons #e� of water consumed over the allowance per the table below �h^„° +"° �°°;^^°,� „^'„m°. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: Base Monthly Charge With or Without Consumption Size of October October October October October �as+E Meter 1, 1, 1, 20193 1, 201 �-4 1, 201 �5 Allowance 209�11 209�12 (gallons) Under 1- �� :07 �4� �� 3,000 or less inch 22.44 23.46 24.51 25.62 26.76 1-inch 4�� 4�-� �9�-� �3�-1-� �� 7,000 or less 52.36 54.74 57.19 59.78 62.44 1 '/2-inch �9 �9A �9 �9 �9 100,000 or 748.00 782.00 817.00 854.00 892.00 less 2-inCh 1 ^F� �F �� R `'� � ��R ^� � �� 233,000 or �� , �o �r �-�,-�_ 1,742.84 � 1,903.61 1,989.82 2,078.36 less 1,822.0 6 3-inch or 2 '',`'�;� �� `',F�T `','�� 6 359,000 or 2-inch 2,685.32 �- 2,933.03 3,065.86 3,202.28 less manifold 2,807.3 8 4-inch 4,�� 4�� 4,�?.�o F,��° �,F��T 691,000 or 5,168.68 � 5,645.47 5,901.14 6,163.72 less 5,403.6 2 6-inch �� 4. �'',�o � 2,�-a-�-?� �^,�0 1,775,000 or � �5 9 � 9 less 13,277.0 13,880. 14,501.7 15,158.5 15,833.0 0 50 5 0 0 Ordinance 8266-11 Attachment number 1 Page 10 of 12 8-inCh a$-�59-:9 �n� �� Qn n�� n n�� n n 3,000,000 or , , �o �,-�o �o 9 A9 9 9 9 less 22,440.0 23,460. 24,510.0 25,620.0 26,760.0 0 00 0 0 0 Charge per �5 � � �9 �94 1,000 7.48 7.82 8.17 8.54 8.92 gallons of water used over the �a�+e allowance 2. Service outside of the municipal limits. Accounts outside the corporate limits of the city shall be subject to a surcharge equal to 25 percent of the monthly wastewater collection utility charges. 3. The wastewater collection utility rate schedule shall be reviewed by the city council as a part of the annual fiscal budget preparation to ensure that adequate revenues are generated to pay the costs of operation, maintenance and outstanding bond service requirements. ********** Section 3. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(f) Reclaimed water rates, Clearwater Code of Ordinances is amended as follows: (f) Reclaimed Water Rates. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the reclaimed water system. The reclaimed water rate shall be a monthly fee consisting of an availability charge as the basic allowance in the following table, plus a charge per 1,000 gallons of reclaimed water consumed as indicated. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: October October October October October 1, 1, 1, 1, 1, 209�11 20A�12 20193 201�-4 201�5 Single family, duplex or triplex (per domestic water account), commercial/ind ]0 Ordinance 8266-11 Attachment number 1 Page 11 of 12 ustrial or multi- family dwelling and open space Availability �9 �9 �� 99 charge 11.18 11.68 12.21 12.76 13.33 Usage — 0.�493 0.�97 &� 9&�6 9�9 metered per 1.01 1.06 1.11 1,000 gallons used One availability fee shall be charged to a property and not to each of the multiple individual potable water accounts. For example, a shopping center with multiple stores, each having a separate potable water account, will normally only have one reclaimed availability fee billed to the account that is responsible for irri atq ion (i.e. the owner of the shopping center or arcel . .. _. _. _. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk ]l Ordinance 8266-11 Attachment number 1 Page 12 of 12 ]2 Ordinance 8266-11 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Award a contract (purchase order) to Advanced Public Safety, Deerfield Beach, Florida, in the amount of $153,205.18 far the purchase of APS Quick Ticket software and 170 Pentax (Brother) Pocketjet 6 Plus printers for use in police pursuit vehicles in accardance with Sec. 2.564 (1)(e), impractical to bid and authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The current in car mobile printer system has reached the end of its useful life and is in need of replacement. The department continually addresses complaints from the Florida Department of Highway Safety and Motor Vehicles for the high number of voided citations and from the Pinellas County Clerk of the Court for legibility issues. Information Technology performed a review of other alternatives and recommends this award based on compatibility and as an enhancement of existing software that is used for Clearwater police motorcycle ticket processing. The APS Quick Ticket citation software uses the Pentax (Brother) Pocketjet 6 Plus printer, which will more efficiently meet the needs of the City. The APS Quick Ticket will provide for automated numbering of citations and eliminate the need to use the multi-copy uniform traffic citation. The system is available only from Advanced Public Safety, the sole source provider. The solution positions the City to achieve future efficiencies as the Clerk of the Court is preparing to accept citation data electronically. This will reduce paper flow between the Police Department and the clerk. Additionally, the system will have Bluetooth connectivity that will reduce issues experienced historically through USB connections. There is lease purchase funding available in project 316-94814, Network Infrastructure and Server Renewal and Replacement to fund this purchase. Funding for the estimated annual debt service payments of $53,610 have been budgeted in the Information Technology operating budget. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 316-94814 $153,205.18 2010 to 20ll Amount $153,205.18 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment � $53,610.00 $153,205.18 Cover Memo Review Approval: Cover Memo City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $287,500 for the hauling of yard waste from the city's solid waste facility to the contractor's facility for the period May 20, 2011 through May 19, 2012 as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) SUMMARY: The City of Clearwater's Solid Waste Department collects yard waste from commercial and residential customers. This yard waste is transported by city vehicles to the city's state-permitted yard waste transfer facility located at l 701 North Hercules Avenue and it is subsequently loaded in the contractor's tractar/trailer for hauling. Once at the contractar's facility, it is shredded far composting. The specifications for the yard waste hauling bid included a description of yard waste (loose or bagged grass clippings, loose or bagged leaves, tree trimmings, logs, stumps, other vegetative material, and small amounts of rocks and soil), trailer requirements and availability, hauler duties, and billing requirements. It was estimated that 10,000 tons will be hauled annually, and the only price to be charged far this service will be a per ton price. The Purchasing Department published a request for bids for the disposal services (described above) in the St. Petersburg Times on April 14, 2011 and on the City's website from April7ih through April 28th, 2011. The City received five bids that were opened on April 28, 201 l. The companies who submitted bids were; Ameri-Pride Tree Recycling, LLC of Clearwater, FL, Angelo's Recycled Materials of Largo, Florida, Consolidated Resource Recovery Inc., of Sarasota, FL, Sage Eco Solutions, Inc. of Riverview, FL , and Waste Management Inc. of Clearwater, FL. The lowest bid was submitted by Sage Eco Solutions, Inc. of Riverview, FL. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-424-02082-543500-534- 000 Bid Required?: Other Bid / Contract: Review Approval: 06/03/2011 to 06/02/2012 Yes Amount $287,500.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Dump Fee Account Bid Number: Bid Exceptions: None $287,500.00 20-11 Cover Memo None ��rv a�� ,a,�nrn�� BI� 20=11 • ifARC1 YI�ASTE FIAU�ING '�I� �F'�N �P�= �t12$�2411 - 9 � _U0� ►i�l 91� TASU�TIt�W IT€M DESGRlPTIGN. 1 YAE�[? Y4'AST� k-fu4ULdhIG Pf4Yf�1EFJ� TER�u1S: START aA�E: ��i�ri+��a '�r�Ri7 V4'�4Si� NAULI�k+G V4 �,�YPuu't�t�T TEF�MS; P 5Tl�R� D,�TE: E�TI�1ATED QUANTfTY 1 fJ.0f�0.46 ra�a� ESTkM�kTE� �]�I±�N'T9T1' 1€�,U434. Q4 TC�NS SL!l�1�1ARY CrF B1D 24-1 �: _ _ _._ ¢�I[�t wCSLI�@'i�Cj 6 BIC�S f�E�EI''�[D 5 Wt� BID 1�E5Pi)F��E U h7C} �II] — �M C[3fWSCJ�LIDATED #�EiC7lJF2�€ �,�I�A��I'�. ��C)�k��A R'RI�E{f�7N T�TAL PRIC� $ 29�.35 $ �93,547�:�a P�ET �€� 1(7 [3A4'S AF�l7 �AGE E�(? S�L41TICiNS, INC R I V E��I �t�`yi!#F L�f� 1�7A .��ICEf�C�N F�,9`7T1��'�� 2�.�5 � �87,5013.D� NET i5 IOf4YS 5f1�L1� 1 L'u��.STE fut�46+L4�EAAEPJT, IN� �A�I!}�±3N+�ILL�. ��.�'1R117F,?'+ PE2I��f�?I+� ��7T,�L PRI�E � 36.'�0 $ 3fi5,'�[7a.001 NET 3Q �,!'46�f}11 AI]WERTISE�7: �T_PETERSI34lR� �Ji1Gl2dii ro�qc�arav�ler�ct�m ar7�U11 - 4.?2�t�11 RF��EL43"� f�ECYCLED lNA� L.+��{��}. �LOR:�DA P�i9C�dTl711+1 TfJ�A�L PRI�� 3�e54 $ 325,�(1�00 F� El' 3[7 4.f2��411 Af�1ERl-�F21�E TR�E REC. C�,EARVJATEI�. C-L�RIaA PRICEdTCxN T{]TF�L PF�ICE � 31.98 '� ��9��.dd N�ET 3�Q IMM€[}IATELY City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Award a contract (Purchase Order) to Thatcher Chemical of Deland, FL in the amount of $619,746.76 for liquid Sodium Bisulfite Solution for wastewater treatment and water production, for a 1-year period with 2 additional annual extensions, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Liquid Sodium Bisulfite Solution is used at the City's three Wastewater Reclamation Faciliries to dechlorinate treated effluent prior to discharge to surface waters in accordance with permitted levels as regulated by the Florida Department of Environmental Protection (FDEP). In addirion, this product is used at the City's Reverse Osmosis Water Plant in the treatment of drinking water. In response to the request far proposal 18-1 l, four responses were received April 13, 2011, with J.B. Chemical representing the lowest responsive bidder at $0.14 per pound. However, J.B. Chemical withdrew their bid. Thatcher Chemical is the next lowest bidder at $0.1425 per pound. Thatcher Chemical has requested that the Force Majeure and Product Warrantee appendices originally provided with their bid be removed and subsrituted with the new versions provided with this agenda item document. Sufficient budget is available in the Water and Sewer Utility Fund, WPC operating cost center 0421-01351-551000-535-000 to fund $61,013.09 far Fiscal Year 2010/2011, cost of this contract and is planned in the budget requests to be brought forward for Fiscal Year 20l 1/2012 in the amount of $187,140.98, Fiscal Year 2012/2013 in the amount of $l 86,628.26 and for Fisca] Year 2013/2014 in the amount of $124,077.03; and in the Water Operating cost center 0421-02053-551000-533-000-0000 to fund $6,647.34 far Fiscal Year 2010/2011, cost of this contract and is planned in the budget requests to be brought forward for Fiscal Year 2011/2012 in the amount of $20,388.90, Fiscal Year 2012/2013 in the amount of $20,333.04 and for Fiscal Year 2013/2014 in the amount of $13,51812. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0421-0135] -551000-535-000- 0000 0421-01351-551000-535-000- 0000 0421-02053-551000-535-000- 0000 0421-02053-551000-535-000- 0000 $67,660.43 $619,746.76 2011 to 2011 Amount $248,154.07 $310,705.29 $27,036.24 $33,851.16 Budget Adjustment: Annual Operating Cost: Total Cost: None $619,746.76 Appropriation Comment FY10/11 and FYll/12 (combined) FY12/13 and FY13/14 (combined) FY10/11 and FY11/12 (combined) FY12/13 and FY13/14 (combined) Cover Memo Bid Required?: Other Bid / Contract: Review Approval: Yes Bid Number: Bid Exceptions: 18-11 None Cover Memo � J Q Q U 0 � � W � = J U � (� Q � a O � � Q U �. � Q 2 d � � Q J � � � � O W J % � Z � � Q 0 � W J J Q J Q Q U p � � W 0 = J U � � � W Z 2 Q Q W 2 � H � U � � Z W Y 2 � U Q � � � li U � H Q cn � W U � m O � � � Q wo � o LL � J � � � � � H m N a�� z � p v O J�L�{Ja U � Z � LL r W m OooOla- � o 0 0 U 0� 00 0� � � N � � � � O �- Ef3 EA � � o � � O �- � Ef3 Ef3 N O N V CO � O � ER EA � � N � L!7 o� � EA Ki 0 0 v w � Z � M Z O � Z z O a � � z i=- � ❑ � � m � � O C�'J U � p a � � � o � � w w � � � � o� w w Z � U U � � d d d � w � �-- 0 � O jM H Q W Z Z � a � J O W Ch Q H � W W Z � � O � O jM � Q W z Z 0 a � � � � w w � � Z � W F. Q fa- a cn Attachment number 1 Page 1 of 1 O N M o � M 1 M O N M N M U � � m � � W � W d � � O Q U W N � � � � � W N i U Q � covoo 00 o � m � 0 0 � U � � � � U � ��oo �(�(�mm ��00 (n00C�ZZ Attachment number 2 Page 1 of 1 Subject: FW: [BULK] Re Bid Withdrawn Need to response: No From: Larry Ross [mailto:larryross34@yahoo.com] Sent: Wednesday, April 27, 2011 2:54 PM To: McKibben, George Cc: Porter, David Subject: [BULK] Re Bid Withdrawn Importance: Low Gentlemen, It saddens me to have to ask you to withdraw the bid for J. B. Crawford Chemical Co. on the invitation to bid 18-1 ]. I think this would be better for all concerned. Thanking you for your consideration ! Sincerely, J.B. Crawford Chemical Co. Larry Ross Attachment number 3 Page 1 of 1 APPENDIX A FORCE MAJEURE (a) Performance of any obligation under this contract may be suspended by the party so affected without liability in the event of an Act of God; war; fire; flood; strike; explosion; labor trouble; mechanical breakdown; accident, riot, governmental action, laws, regulations ar orders (including, but not limited to, pollution, health, ecology or environmental matters); Seller's inability to obtain fuel, power, raw materials, or equipment used in connection therewith; ar any other cause beyond the reasonable control of either party interfering with the production, supply, transportation or consumption practice of the party at the time which delays, prevents, restricts, limits or renders commercially infeasible, the performance of this contract or the consumption, sale or use of the goods, except as to the goods already in transit. (b) The affected party may involce subparagraph (a) or (b) by promptly notifying the other party in writing of the nature and the estimated duration of the suspension or cancellation of the party's performance. The total quantity hereunder shall be reduced by the quantity not delivered during the term of the suspension or cancellation without liability, and the contract shall otherwise remain unaffected. In no event shall Seller be required to ship the goods from Seller's or, if applicable, its affiliates' other locations or to purchase the goods or components thereof fram other sources to fulfill the contract requirements. Seller may, without liability, allocate its supply of such goods or raw materials among its own uses, or distribute it among its custamers upon such basis and in such manner as Seller deems fair and reasonable, provided that any goods or raw materials obtained by Seller from a third party solely far Seller's internal use are not subject to allocation. For Clearwater, Florida Bid 18-11 of April 13, 2011 Attachment number 4 Page 1 of 1 I�,��,I•�/�.�] PRODUCT WARRANTY SELLER'S LIMITED WARRANTY: SUBJECT TO THE LIMITATIONS LISTED BELOW, Seller warrants that at the time of delivery the goods will conform to the attached specifications, that Seller will convey good title thereto, and that the goods will be delivered free from any lawful security interest, lien or encumbrance. EXCLUSION AND DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTIES LISTED ABOVE ARE SELLERS SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE GOODS. SELLER MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER WITH RESPECT TO ITS RECOMMENDATIONS, INSTRUCTIONS, GOODS, APPARATUS, PROCESS OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. For Clearwater, Florida Bid 18-] 1 of April 13, 2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Award a contract (purchase order) to Gregary Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $1,882,577.11, which is the lowest responsible bid received in accardance with plans and specifications; approve a wark order to Engineer of Record, McKim and Creed Engineering Associates, Inc. in the amount of $123,470.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) SUMMARY: The project scope includes installing approximately 20,000 linear feet (LF) of various sized reclaimed mains by horizontal directional drill and 6000 LF by open cut to provide reclaimed water to 450 reclaimed water services within the Clearwater Harbor neighborhood. Due to the location of a proposed reclaimed line being the same as a new gravity sewer line, the Lift Station (LS) 21 Decommissioning project is combined with the reclaimed project. The LS Decommissioning scope includes construction of 750 LF of gravity sewer main and four new manholes along Harbor Drive and removal of the existing LS 21 along with 715 LF of gravity pipe. Gregory Electric is the low bidder by approximately $200,000 and is 11 % less than the final Engineer's estimate. The City received six bids for the project ranging from $1.88 to $2.34 million with the average being $2.17 million. McKim and Creed was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed Gregory Electric's bid and has provided a recommendation of award. The construction phase is anticipated to take 10 months and is scheduled for completion by April 31, 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. The design, construction and CEI of Clearwater Harbor Reclaimed Water project is funded by Southwest Florida Water Management District (SWFWMD) up to 50% for a maximum amount not to exceed $1,102,025 as approved by City Council May 6, 2010. Sufficient budget and funding is available in the following projects: 2009 Water and Sewer Revenue Bond proceeds in 0376-96739, Reclaimed Water Distribution System, in the amount of $652,177.39, 0376-96665, Sanitary Sewer R& R in the amount of $177,285.90, and Utility R& R revenue in 0327- 96665, Sanitary Sewer R& R in the amount of $274,648.89, and 0327-96739, Reclaimed Water Distribution System in the amount of $10,728.27 for a total of $1,114,840.45 for these contracts. A mid-year amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution System of Other Governmental Revenues (337900) for SWF��I,�,�,�hare of the project in the amount of $891,206.66 to provide total funding in the amount of 2,006,047.11 to fund the construction and CEI. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: $2,006,047.11 Not to Exceed: $2,006,047.11 For Fiscal Year: 2010 to 2011 Appropriation Code 0376-96739-563800-533- 000-0000 0376-96665-563800-535- 000-0000 0315-96739-563800-533- 000-0000 0327-96665-563800-535- 000-0000 0327-96739-563800-533- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: Amount $652,177.39 $177,285.90 $891.206.66 $274,648.89 $ 10,728.27 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary See summary See summary See summary See summary Bid Number: Bid Exceptions: Yes $2,006,047. ll 10-0008-UT None Cover Memo O O O O O O O Z C O O O O O O � � O O oo O 7 O O E'� N� O O 7 O v� �n �n � W M O l� I� N N �O N M � � Q wld ~ zxo � � � � � � � �`^�W o o S o � o 0 � N�•W. � O O O O �n v� v� � O O V O � � w~ a� � r N N 3 � � � � � � � � N o 0 0°o °o °o, o °r° F" ��n �., o 0 0 �, .zM� N � M � N °; � V W ra � Q�. �� l� Q� N 7 N A � w � Q N� I 4H Ff3 69 69 Hi �f3 69 � r3 � V�I� O.. 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'. ^. ,-- Attachment number 1 Page 3 of 3 �� ?. hlC�!N� !,liti °�ll�"dLY_7R;S 'l..r;NNE 4d`.; DRAFT McKIM & CREED WORK ORDER INITIATION FORM for the CITY OF CLEARWATER CEI Services Date: April 28, 2011 Attachment number 2 Page 1 of 4 Project Number: 00992-0210 City Project Number: 10-0008-UT 1. PROJECT TITLE: Clearwater Harbor RCW System Additional Construction Services 2. SCOPE OF SERVICES: The City is currently soliciting bids for the construction of the Clearwater Harbor RCW System (Project A), designed by McKim & Creed, and the decommissioning of Lift Station 21 (Project B), designed by Advanced Engineering and Design Inc. (Advanced). The City merged the two construction documents into a single bid package to take benefit of "the economy of scale" and to minimize impacts to residences; both projects have impacts to Harbor Drive. McKim & Creed is currently providing limited construction engineering services which include; preconstruction conference attendance, submittal review, monthly progress meeting attendance, response to contractor RFI, and substantial and final walk through. Advanced is providing similar services for their portion of the project. This scope of services is for providing construction administration and observation services for both projects as outlined below: PHASE I - CONSTRUCTION ADMINISTRATION Task 1- Administer one pre-construction meeting and nine monthly progress meetings with the selected Contractor, City Staff and Advanced. Prepare meeting minutes and distribute via e-mail to attendees. Task 2- Provide construction management including interpretation of the Contract Documents; general correspondence with the City, Contractor and jurisdictional bodies; construction schedule and budget review, and coordination of construction activities between the appropriate personnel (City, Contractor, Advanced and McKim & Creed). Attachment number 2 Page 2 of 4 Task 3- Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. Task 4- Review Contractor's request for payment, compare request with work completed and recommend appropriate action by the City. Task 5- Administer project closeout by collecting and submitting contract closeout documents including record drawings, warranties, manuals, final change order, permit closeout and other required documents. Task 6- The Contractor will be responsible for developing the As-Built Drawings in accordance with General Conditions Section III 611.2. McKim and Creed will review and provided comments on the As-Built Drawings supplied by the Contractor prior to their submittal to the City. PHASE II - CONSTRUCTION OBSERVATION Task 1- Provide on-site construction observation for the construction of the Clearwater Harbor RCW System (Project A) and the decommissioning of Lift Station 21 (Project B) for a period equivalent to an average of 20 hours per week over the active construction period (estimated at 39 weeks for a total of 780 hrs) to observe the work relating to the design requirements, verify quantities, and to review the Contractor's "As-BuilY' redlines. During each site visit a report of observed activities, progress, discussions, and any identified deficiencies will be developed for the project record and copies will be provided to the City via e-mail. Task 2- Engineer will provide two monthly four hour site visits to monitor the work in progress for quality of the various systems and facilities with the respect to their intended function and Contract requirements. 3. PROJECT GOALS: • Pre-construction and Progress Meeting Minutes • Copies of correspondence • Material Testing Review and Log • Recommendations for Pay Applications • Project Close-out Documentation • Review As-Built Drawings • Observation Reports 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks, on a not to exceed fee for task allowances totaling $108,036 for Project A and $15,434 for Project B. Attachment number 2 Page 3 of 4 5. SCHEDULE: McKim & Creed will provide the services outlined herein in accordance with the Contractor's schedule for constructing the project to meet the substantial completion within 270 days and final completion within 300 days. 6. STAFF ASSIGNMENT (Consultant): David C. Wehner, PE 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to David C. Wehner. All City project correspondence shall be directed to Tara Kivett with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to not to exceed invoicing procedures, with the costs far Project A& Project B separated out. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: Project A (RCW) 0315-96739-561300-533-000-0000 $108,036.00 Project B (LS 21) 0376-96665-561300-535-000-0000 $15,434.00 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: Not Applicable PREPARED BY: A. Street Lee, PE Vice President McKim & Creed APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date Attachment number 2 Page 4 of 4 ATTACHMENT B CITY OF CLEARWATER CLEARWATER HARBOR RCW SYSTEM ADDITIONAL CONSTRUCTION SERVICES PROJECT BUDGET McKim & Creed Subconsultant Task Descri tion Services Labor Total 1.0 Construction Administration 1.1 Administer Meetings $3,310 1.2 Construction Management $23,760 1.3 Material Testin $],240 ] .4 Pay Applications $3,] 00 1.5 Project Closeout $3,720 1.5 As-Built Drawing Review $2,440 $37,570 2.0 Construction Observation 2.1 Part Time Observation $74,100 2.2 Engineer Site Visits $10,800 $84,900 Subtotal, Labar and Subcontractars $122,470 Permit Review Fees $� Other Direct Costs (prints, photocopies, postage, etc) $1,000 Grand Total $123,470 \ - PRESSURE � > 85 psi 70 - 85 psi 55 - 70 psi • 40 - 55 psi • < 40 psi DIAMETER 4 ,6 $ 12 VELOCITY X.XX (fps) ■ ■ ■ ■ Existing Pipes � Clearwater Harbor Service Area EDGEWATER � 0.12 i iwn", , " ca � M � 0.06 0 p.pg MARINE o o Q � Z Q � O 0.09 = � Z 0.�3 � COMMODORE m � Q - � � o �n 0 0.3 GRANADA 0.19 �;J v o ;! `r ' 0.26 CHARLES p,qg � try o J� � � 0 0 0.11 0.31 0.4 Attachment number 3 Page 1 of 1 NORFOLK PALM ARBOARD BERMUDA PORT � IDLEWILD w � 0 � O ° WOODLAWI ¢ N � a IVA SEDEEVA �DEEVA 0.56 ALOHA �� o w � � � � Z g SHERIDAN � � � � � NSET POINT 0.23 0 � �� o � � o V �N�T�A� � :INT m O i� N � o � Z Z O • O � � VISTAQ � 3S Q 0�6 � � w ■ > cp �� ,� � CALUMET � � � VENETIAN � � �� ■■■■■■■�T W o w 2 ■ NOKOMIS v ■ a �D�, � CAROLYN �■ LEBEAU Z Q z Z. � �ROQUOis NAAeOR v �� PRINCESS = ■ E- OSAGE ■ LL N � � �LEASANT ,`�� MOHAWK Z � y �i p O 9 ■ Q' ,� 9 --..... i�� URST ?� �JJ Z m�9 �■ ■N��a Q � � �• • -_ � _ � a - j � • � " Y _ FAIRMONT • � `�� F,y��NT W �Q. � � ♦ • IJ- � i ■ p • ♦ OC : t�,i F- ■ u) i� ■ 1 p♦. � Z BECKETT �■ Q •� MSAPCF � Ui '� � i � � � � � � BECKETT � � • �� ARSHA�L � ■ r City of Clearwater - Reclaimed Water System v NI�IQMF�CREED � Clearwater Figure 3-2 Clearwater Harbor Distribution System - ADD �3fi5�a°,'e,^°e�a - �/'�/ Clearwa'er, FL3375E `'� Te1:17271342�7t96 FaK:172710E1-3827 August 2010 `�'w-'+"'��"'�'�d.com 130\D i�Ui�I13LIt: CONTRACT BOND STATE OF SOUTH CAROLII�'A COUNTY OF RICHLAND Attachment number 4 Page 1 of 18 I{NO�V ALL 1�TE1� BY THES� PRESE:vTS: That �ve GREGORY ELECTRIC COMPA�Y, INC. Contractor and THE CI:vCINNATI I1�SURA:�'C� CO:�TPA1�Y (Surety) whose home address is PO BO� 14596, CI�'CII�NATI, OHIO 4_5250 HER�INAF'TER CALLED THE "Surety", are held and firmly boiind into the City of Clearwater, Florida (hereinafter called the "O�cner") in the peilal sum of: ONE NTILLION �IGHT HUNDR��D EIGHTY-TWO THO�SAi�ll FIVE HL;NDRED AND SEVENTY-SEV�N DOLLARS AND �LEV�N C�NTS ($1,882,577.11) for tl�e paymeilt of which we bind otu-selves, otu- heirs, executors, administrators, successors, and assigns for the faithfill perforn�ance of a certain written contract, dated the , day of , 20 , entered into between the Conh•�cror and the Ciry of Clear�vater for: PROJECT A: CLEAR�VAT�R HARBOR RECLAIM SYSTEM (10-0008-tiT) PROJECT B: LIFT STATIO:v 21 D�CO�VI:��T[SSIONI�'G (08-0049-UT) a col�y of whicl� said contraet is iilcolporated herein by reference and is inade a part hei-eof as if fiilly copied herein. NOW THEREFOR�, "1'H� CONDITIONS OT THIS OBLIGATIO�T ARE SUCH, that if the Co�lh�act�r shall in all respects comply with the terms and conditions of said contract, iilcluding the o��e-year guarantee of material and labor, and his obligations thereunder, includin�,� the contract documents (which inchide the Advertiseinent for Bids, Form of Proposal, Forin of Contract, Forn� of Surety Bond, Iilstilictions to Bidders, General Conditions and Technical Specifications) and the Plans and Speci#ications therein referred to and made a part thereof, and such altei•ations as may be made in said Plans and Specifications as therein provideci for, and shall indemiliiy and save harmless the said Owner against and froil� all costs, eapenses, damages, injury or conduct, want of care or sl:ill, ne�li�ence or default, incltiding patent infi-ii�ge�nents on the part of the said Conn•actor agents or enzployees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and filrther, if slich "Contractoi-" �r "Coutractors" shall p►-omptly make payil�ents to all persons supplying 11im, them or it, labor, maCei-ial, and supplies used directly or indirectly by said Contractor, Contractors, Sllb-Contractor, or Silb-Contl�actors, in the prosecution of the work provided for ii� said Coiltt°act, this obligation shall be void, otherwise, the Contractor and Stirety jointly and sevei•ally agree to pay ro the Owner any difference bet�veen the sum to �vhich tl�e said Conh�actor v�-ould be entitled on the co►r�pletion of the Coiltract, and that �uhich the O�vner may be obliged to pay for the completio�l of said ��orlc by contract or otheT-�vise, �. a�1y dan�ages, direct or indirect, or consequential, ��l�icl� s�id O��ner nlay sustain on account of sucl� ��orl:, or on accotuit of tl�e failure of the said Coilti•actor to properly and in all tl�in�s, keep and execute all the provisions of said contract. Na�e t Attachment number 4 Page 2 of 18 CO\TR�CT BOND (?) And the said Contractor and Silrety hereby further bind themselves, their st�ccessors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said O��ner against, and will pay any and all amounts, damages, costs and judgments which may be recovei-ed agaiiist or which tl�e Owner may be called upon to pay to any person or corporation by reason of any damages arising fi•om the performance of said work, or of the repair or maintenance thei•eof, or the manner of doing the same or the ne�lect of the said Contractor or his ageilts or servants or the impropel• pei-formance of tl�e said work by the Contractor or his agents or servants, or the iiifringements of any patent rights by reason of the use of any material fiirnished or ��ork done; as aforesaid, or otlleitivise. And the said Contractor and Surety hereby filrther bind themselves, their successoi°s, heirs, executors, administrators, and assigns, jointly and severally, to repay the ownei• any stuii which the O��ner may be coinpelled to pay bec�use of any lien for labor n�aterial fiu�nished for the work, en�braced 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 teril�s of the contract or to the work to be perforil7ed thereunder or the spec�ifications accompairying the same sl�all iil aiiy way affect its obli�ations on this bond, and it does l�ei-eby ��aive notice of any such cl�ange, exteiision of time, alteration or addition to the tei-�11s of the contract or to the worlc or to the specifications. IN TESTIMONI' ��'H�RCOF, wit�less the hands and seals of tl�e parties here�to this day of , 20 ATT�ST: �V1TN�SS: COUNTCRSIG\'�D: GRCGORY ELECTRIC COI�TPANY, INC. CO�TRACTOR Page 2 C SURETY S ATTORNEY-I�-FACT Attachment number 4 Page 3 of 18 COi�TRACT Tl1is CONTRACT illade and entered ii7to this day of , 20 by and between the City of Clearwater, Florida, a municipal coipor�tion, hereinafter designated as the "City", and GREGORY EL�CTRIC C011PANY, INC. of the City of COLUMBIA, County of RICHLAND �ind State of SOUTH CAROLINA hereinafter designated as the "Contractor". WIT�ESSETH: That tl�e parties to tliis contraet each in consideration of the undertakings, promises and aareements on the part of ttle other herein contained, do hereby undertake, pronlise and agree as follows: The Contractor, and l�is or its successors, assigns, executors or administrators, in coilsideration 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 owil cost and expense perform all labor, fizrnish all materials, tools and equipment for the follo�vin�: PROJ�CT A: CL�ARWATER HARBOR RECLAIM SYST�1�'I (10-0008-UT) PROJ�CT I3: LIFT STATION 21 DECOMP�IISSIONI'�G (08-0049-UT) TOR THE SUM OF O�C P�IILLION EIGHT HUNDRCD EIGHTY-TWO THOUSAND FIV� HUNDR�D AND SEVENTY-S�VEN DOLLARS AND EL�VEN C�:vTS ($1,882,577.11) Ii1 accoi-dance �vith such proposal and technical suppleinental specitications and such other special provisions and di-a�vings, if any, which will be submitted by the City, together with any advertisen�ent, insh-uctions to bidders, general conditions, proposal and bond, which may be herero attached, and any dra��ings if any, which rl�ay be herein referred to, are hereby illade a part of this contract, and all of said work to be perform�d and completed by the contractor and its successors and assigus shall be fully completed in a good and �vorkmanlike manner to the sltisfaction of the City. lf tl�e Contractor should fail to comply ��itl� any of the tei-�ns, conditions, provisions oi- stipulations as contained herein within the time specified for completion of the work to be �erform�d by the Coi�tracroi-, 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 perforn� in accordance with the pro�-isions as contaiiled hei�ein. THE COi�TRACTOR AND HIS OR ITS SUCCCSSORS AND ASSIGNS DOES HEREBY AGR�E TO ASSUM� TH� ll�F'ENS� OF ANY L�GAL ACTIOV VVHICH PZAY BE l3ItOUGHT AGAINST TH� CITY AS A RESL"LT OF TH� CONTIZACT012'S ACTIVITI�S ARISING OGT OF THIS CONTRACT A1�D FURTHER1�10RE, I:�r CONSIDCRATIOi�r OT TH� T�R�ZS, STIPULATIONS AI�D CONDITIOI�S AS COI�TAI:vED H�R�IN, AGR�ES TO HOLD THE CITY FRE� A:�Tll HAR'�ILESS FRO:�T A:�'Y �ND ALL CLAI11iS FOR DA:�TAG�S, COSTS OI' SUITS, JUDGP�TE�TS OR DECREES RESULTING FRO��I ANY CLAIyIS 1�1ADE UNllER TffiS CONTRACT AGAI:��ST TH� CITY OR THE CONTRACTOR OR TH� CONTIt�-1CTOR'S SUB-CONTRACTORS, AGENTS, S�RVANTS OR E��IPLOYE�S RESULTI�G FROM ACTIVITI�S BY THE AFOREME�,�T10N�D CONTRACTOR, SC�B-CO:�TRACTOR, AGENT SERVA:�ITS OR �MPLOYE�S. Page 3 Attachment number 4 Page 4 of 18 CONTRACT ��) In addition to the foi•egoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Coutractar agrees not to discriminate against any employee or applicant for employment because of race, sex, reliQion, color, or national origin. The aforesaid provision shall include, but not be limited to, the follo��in�:�employment, upm-ading, demotion, or transfer; reciliitment or recruifilent advertising; lay-off or tet7niization; rates of pay or other forms of compensation; and selection for training, includiilg apprenticeship. The Conn�actor �grees to post hereafter in conspicuous places, available for employees or applicants for employn7ent, notices to be provided by the conhacting officer settin� forth the provisions of the non-discrin�ination clause. Tl�e Contractoi- further agrees to insei-t the foregoing provisions in all contracts hereunder, includin� co�ltracts or agreements �vith labor unions and/or worker's representatives, except sub-conttactors for standard comiz�ercial supplies or raw materials. It is nnrtually agreed between the parties herero that time is of the essence of this contract, and in the event that the work to be perfoi•med by the Con�ractor is not con�pleted withiil the time stipulated herein, it is then further agreed that the City n7ay dedtict from such sums or compeilsatioi� as may be due to the Contractor the sum of $1,000.00 per day for eacl� day that the work to be performed by the Contractor remaiils incomplete beyond the time linzit specified herein, which sum of $1,000.00 per dav shall only and solely i•epresent damages which the City has sustained by reason of tl�e failui•e of the Coiltractor to complete the worlc within the time stipulated, it being further am-eed that this sum is not to be consh-ued as a penalty but is only to be const�-ued as liquidated damages for failure of the Contraetor to complete aild perform all work within the time period as specified in this contract. lt is fiirther mutzially agreed betweeil the City and the Contractor that if, any time after the execution of this contract and ti�e sluety bond which is attached hereto for the faithful performance of the terms and co�lditions as contained herein by the Coi�tractor, that the City shall at aizy time deem the surety or sureties upon such perfoi•n�ance bond to be unsatisfactory oi- if, for any reason, fl1e said bond ceases to be adequate in amount to cover tl�e perfoi-nlance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice fi-om tl�e City to do so, fizrnisli an additional bond or bonds in such tern� and amotults aiid with such surety or sureties as shall be satisfactoiy to the City. If such an e��ent occurs, no f�u-ther payment shall be made to the Contractor under the terms anci provisious of tliis contract until stilch new or additional security bond g�►aranteeing the faithfiil performance of the worl< under the terms hereof shall be completed and furnished to the City in a foi7n satisfactoiy to it. Page 4 Attachment number 4 Page 5 of 18 CO:VTI2ACT (3) IN WITNESS WH�REOI�', the parties to the agreement have hereunto set their hands and seals and have e�ecuted this Agreement, in duplicate, t11e day and year first above written. CITY OF CL�ARWATER IN PINELLAS COL'NTY, FLORIDA By: William B. Hoi71e, II City Ma�lager Countersib led: By: Frank Hibbard, Mayor-Cou�icilmenlber Attest: Rosemarie Call Ciry Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor inllst indicate whether Corporation, Partnership, Company or Individual.) (Contractor) : (The person sibning shall, iil his own handwriting, sign the Principal's nail�e, his own name, and his title; where the person is signing for a Coiporation, he must, by Affidavit, sho�v his authority to biild the Corporation). Page 5 (Seal) SEAL CONTRACTOR'S AFI�'IDA�'IT I'OR FINAL PAYME�VT (CORPORATION FOR��n STATE OF COli1�TY Or Attachment number 4 Page 6 of 18 On this day persoilally appeared before me, the undersigned authority, duly authorized to adminisier oaths and take aclrnowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of GREGORY ELECTRIC CONTPANY, INC. a Florida Coiporation, �vith its principal place of business located at 2124 COLLEG� ST., COLUMBIA, SOUTH CAROLINA 29205 (herein, the "Conh-�ctor"). That the Contractor was the general colitractor tinder a contract exe�euted on the d�y of 20_, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as O��ner•, and that the Conn�actoi• was to perform the constnictio�i of: PROJECT A: CL�AR�VAT�R HAI2BOR R�CLAIl�I SYSTEP�T (10-0008-UT) PROJECT B: LIFT STATION 21 D�COMiVIISSI01Tl�'G (OS-0049-UT) That said worl< has now been completed and the Contractor has paid and discharged all stib-contractors, laborers and material men in connection �vith said ��ork and there are no liens outstai�ding of any nature nor any debts or obligations tl�at might beeome a lien or encumbrance iiz connection with said work abainst the described properry. That he is malcing this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, aild iipon collsideration of the payment of (Final I'till Alnount of Conh-act) in fiill satisfaction and discharge of said coi�tract. Tl�at tLle Ovv�ler is hereby released fi-on� any claim which nlight arise out of said Contract. The ��ord "liei�s" as used in this aftidavit shall nlean airy and all arising uuder tl�e operation of the Florida Mechlnic's Lien La�� as set fortli in Chapter 713, Floi-ida Statt�tes. Sworii and subscribed to before i�1e This day of , 20 i\TOTARY PUBLIC My Commission E�pires: Page 6 GR�GORY �L�CTRiC CO:�ZPANY, INC. AFFIA:vT : PRESIDENT Attachment number 4 Page 7 of 18 PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, Gregory Electric Company, Inc. _ as Principal, and The Cincinnati Insurance Company as Surety, who's address is P O Box 14596, Cincinnati, OH 45250 , are held and firmly bound unto the City of Clearwater, Florida, in the sum of Ten—Per—Cent—Of—amount—bid------------------- Dollars ($ )(being a minimum of l0% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of Greaorv Electric Company, Inc. as Principal, and The Cincinnati Insurance Company as Surety, for work specified as: CLEARWATER HARBOR RECLAIM SYSTEM (10-0008-UT) & LS 21 DECOMMISSIONING (OS-0049-UT) ail as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 2�h day of _ April � 20 11 (Principai 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; the person signing for a corporation must, by affidavit, show his authority to bind the corporation. SectionV.doc Gregory Electric Company, Inc. � � � �� j�� Principal sy: �� I �� :�`�� °-� � �` Title The Cincinnati Insurance Ccnlpany �. � Surety Susan R. Huffstetler, Attorney—in—fact Page 7 of 14 9/27/2010 Attachment number 4 Page 8 of 18 T� CFI�1�Ii°�rl"I�TI ��T_T?�C� C�I�/L�'f��T�1 Fa�field, O�o �O��.t O�+ A'T"�'�Rld�'� K1vOW ALL?�N BY TI�SE �RESENTS: That TFiE CIINCINNAII INST��AIvTCE CO?V�A1�IY, a coiporztion org�ized under the law� of the State of Ohio, and havi�g i±s principal o�ce in�the Ciy of Fau�ie?d, Olia, does hereby constitute aud appou;t Robex� E. Livingston; Raye tT.'Livingston and/or Susan R. Huifstetler of west Colunbia, South Carolina its �-i?e and IaraPalAitornej�(s)-iu-Fact to sign, execnte, seal and deliver on. ifs behalf as Sureiy, and as i�s act and deed, any a:�d all bonds, policies, �dei�aldngs, er other ice ias�runents, as foIlows: � An� such obliga�ions in �he Uni'ted Sfa�es, up to ^1wen�y Million and No/100 Dollars ($20,000,000.00). This appointznent is made �.mder asld by zuthority of the foLowing reso?ntion passed by the Board of Dsectors of said Compaay at a mee�ng held in t1 e principal ofnce of �e Compaav, a quoram be;ng preseat and vo�ing, on the 6th day of December, 1°58, �+�hich resolution is sti11 iu effec�: "RESOLUED, that the President or any Vice President be hereby authorized, aud empowered to appoint,Atten�ays-�- Fact of the Company to execute zny and all bonds, policies, undertal�ngs, or othEr lilce ins�-uinents on behalf oi tha Coruora�ion, and may authoriza �ny oficer er a;�y snch AtEomey-�-Fact to �fix the corporate seal; z�d may �l�h or with.out causa modify or re�oke any such appoin.�nent or authori�. Any such raritinbs so e�ec�.ted by such Attorneys-in- Fact shall Be binding upon tLe Comp�.ny as if they uad been duly executed and ac'_�o�a_edged by th� regularly elected o�3cers of the Company." lhis Power of At�omey is signed �d sealed by izcsirile ui:der a�d by the authority of �e folowin� Resolu�ion adop�ed by the Board of Di�ectors of t'le Compauy at a Lee�iuj duly called and held on the 7th day of Dece�ber, I9%3. "�;SOLVFi), that the signatue oi rhe President or a Vice President and the seal of the Company may be aitxed by facs�ile on any poiaer of at�omey �anied, and the signaiure oi the Secretaiy or,Assistznt Secretary and the seal of tLe Compaay may be a��d by facsir�ile to any ce �'�cate of any such po�aer and any sucu pov,�er of certincate beaing such iacsi_mile si�ua�ure aud seal shall be valid �r_d binding on the Co�npan5�. .Any such power so executed and sealed aud certified by certincate so execuied avd sealed shall, with respect to 2uy bo�d or undert?king to whicn it is a�ached, contiuue to be valid and b'udiug on the Compauy." IN �'JITNES S W�REO�, THE CINCINNAI I INSTJR.ANCE COIvpANS.' has caused these presents :o be sealed wiih its corporate seal, duly a-ttested by its Seuior tTice Pres?denf this 1 st day of August, 2004. � c," `�'S"��m TEiE �� C1-NNATT INSU"R 4_NCE COMPANY � �xa�a��re v �' 5 EA! .f � � � ��"�� , �M10 � Senior V'ice President STATE OF OH'i0 ) ss: COUN'I'Y OF BUTLE.R ) On this lst day of Aua st, 2004, beiore me came t=e above-nar�ed Senior Vice President of T`HE C�TCINNATI IlJStTRANCE cam�artY, to �ne personally 1_a�own to be the ofrrcer descrbed herein, and ackuo��ledged that tL••e seal af�.ed to the precedi�g instniment is the coi�orate seal oi said Co�pa_ny and the co�orate seal and tLe signa�u•e of the omcer were duly a�sced asd subscribed to szid instiument by the aut�ority �d diection of szid corpora�os. �eFesre�Ees¢ee ��.�� ± R � �08r y4�orO4(� �_.:f�E.z. ��., ��'� //f Gb V y�e�G, %LF�pEe�� A ' /��G'ili� � �f � ��:"CZ•C� Z :� d l �� ' <"I� / ` 1 e � ��'� � � _ � s �� a 4 � �. �/ _ � � � -r �' � €�f,4Fi[< J. [iC1LLEP, Q�tmilt2jl @L l.BtN ��n'� � �` � L�F� NOTARY PU3L1C - ST�`TE OF Ofi1D "�.�. �' �°�x='" ��?'' My com:nission hzs no expireiion �p � :^ .. .. �? �,a �r�EE � �: ��„. dafe. 5=ciion Y47.03 O.R.C. tEe�i�•�- I, th.e nadersi�ed Secretary or Assistznt Secret�y of THB CIIvCII�'1�AT11`NSUi A1�iCE CO1vIPAN?', hereby certify uat the above is a true and co��ect co�y of t��e Original Power of r>t�omey issued by said Company, and do hereUy furthei certiiy �.hat the said Power of At�orney is still in full fo*ce �d efiect. � GIVEN under my hand and seal of said Gompa�y at Fairfield, Oh;o. �S 28th �3y �� Apri l, �Ol l: � ` �s�, t�sE,�,9' 0 c,� rCaRfi�'�TE g = SE,�L � .� %��I `i� � /��-��-,-1_ S ecretary Attachment number 4 Page 9 of 18 ��►�fl�'��I�� `li Q�� ; ��G��G��[�� ![��Gv�L ��!l� �� Your oolicy (or �he oolicy prepcsed to yeu) conta''ns coverage fer cerEain losses caused by terrorism. Premium: We are required to notify you of the porfion cf The premium, if any, atributable fo the coverage for terrorist acts certified under the Terrorisrn Risk Insurance Acf of 2002. � I he portion of your premium that is attributable to coverage for terrorist acfs certified under tl�e Act is � —0— . .... ... . Federaf Participation: �• The A�t also requires us t� provide disclosure of federal par±icipa��ion in payment of ierrorism losses. E�fective November 2G, 2002, under your policy (or the policy proposed fo you), any losses caused by . certified acfs of ferrorism would be partially reimbursed by the United Stafes GovernrY�ent, Department of Treasury, under a iormu(a established by federal law. Under this formu[a, the United Sfates pays 90% of covered terrorism fosses axceeding the stafutoriiy established deductible paid by the insurance company p; oviding the coverage. P,ct of i errocism: As defined in Sec�ion 102(1) of fhe Act, the term "act ef terrorism" means any act that is certiiied by the Sec- retary oi' the Treasury, in concurrence with the Secretary of State and the A:torney General of the United Stafes, to be an act of terrorism; to be a violent act or an act that is dangerous fo human fife, property or infra- structure; fo have resulted in damage within the Unifed 5fates, or outside the United Stafes in the case of an air carrier or vessel cr the premises of a United Stafes mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an efiort ;o coerce the civil- ian population cf the Unifed States or to .infliience the policy or affect the conduct of the United States Gov- ernment by coercion. Attachment number 4 Page 10 of 18 AFFIDAVIT (To be filled in and eaecLited if the bidder is a co►poration) STATE OF F�IISA �� '� COL':�TY OF��C�,\Qy� ) �� L,. ��[ � U�'Si" being duly sworn, deposes and says that he/sl�e is Secretary of (�r' r�G,p�--�, �`eL,�rY��C �\C- • a corporation organize an existing under and bL y vi ue of the laws of the State of Florida, and Ilaving its principal office at: c�,� a,� C.��\�e�,� C'�,,v�bi a �,C�,1�c�, SG Street & Number City County State Affiant furthei- saxs that he is familiar with the records, minute books and by-laws of (Name of Corporation Affiant fu►-ther says that �� M.��`�p� is v1C.� -�rG�'e�" (Officer's Nair�e) (Title) of the corpoi•ation. is duly autllorized to sign the Pi�oposal for ��.,� ��C�-� �� C� for said corporation by vi►-tue of p a � � (state �vhether a provision of by laws oc a Resolution of the Board of ' �ctors. If by Resolution give date of adoption). � Af iant Sworn to before me this � da�� of��R� , 20 �� . E�_ � �.� - ►a� - - � � � �_ � � �� Type/print/stamp name of No ry � C � Title or rank. and erial No.. if any �v Commission �cplres July g, 2Q� SectionV.doc Page 8 of l�i 9/27/2010 Attachment number 4 Page 11 of 18 NO�-COLLUSION AFFIDAVIT STATE OF F� �yUl�-� �'C�� f'iCL- COUNTY OF �� 1 ��. }�� .��`I�� (�S being, first duly swo�•n, deposes and says that he is � i � - �re��;�.�,-� of C. the party malcing the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested i�� or otherwise affiliated in a busiiless way with any other bidder on the same contract; that said bidcler has ��ot colluded. conspired, connived, or agreed, directly or indirectly. with any bidders or pecson. to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreeme�lt or collusion, or communication or conference, with any person, to fix the bid price or affiant oi� any other bidder, or to fi� any overhead, profit or cost element of said bid price, or that of any other bidder, or to sectn•e a�ry advantage against the City of Cleai-�vater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and fii►-thei-, that such biddec has not directly or indirectly submitted this bid. or the conte�lts thereof, oc divulged informatioil or data rel�tive theceto to any association or to any member or agent thereof. ' //,. /.�•• / :r�.�__ Sworn to a►ld subscribed before me this ��'day of �,�,(�� , 20� . � . ' . 'ir+�".!1� • ' . � My Commigsion Explres July 6, 2020 SectionV.doc Page 9 of l4 9/27/2010 Attachment number 4 Page 12 of 18 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for CLEARWATER HARBOR RECLAIM SYSTEM (10-0008-UT) & LS 21 DECOMMISSIONII�G (OS-0049-tiT) and doing such other work incidental thereto, all in accordance with the contract documents, marked CLEARWATER HARBOR R�CLAIM SYSTE:VI (10-0008-UT) & LS 21 DECOMMISSIONING (08-0049-UT) Evely bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Cleai-watec, Florida, that no such award o�• siQning shall be considered a binding contr•act witho�it a certif cate from the Fina►1ce Director that funds are available to cover the cost of the worlc to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent doc�unents relating thereto having been approved by said City Attorney; and such bidder is l�e��eby charged with tllis notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested ii� this Proposal, are named in this Proposal, that he has carefully eaalnined the Advertisement, Instructions to Bidders, Contract Specifications. Plans, Supplemental Specifications, General Conditions. Special Provisions, and Contract Bond. t11at he or his cepresentative has made such investigation as is necessaty to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted. he will conti-aet with the City of Cleai-watei-, Florida, in the form of contract; i�ereto anneYed, to provide the necessary labor, materials, machineiy, equipment tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and aceocding to the requii-ements of the City of Cleac�vater, Flocida, as hecein and hereinafter set forth, and furnish the required surety bonds for the f'ollowing prices to wit: SectionV.doc PaQc 10 oi� 14 9/27/2010 Attachment number 4 Page 13 of 18 PROPOSAL (�) If the foregoing Proposal shall be accepted by the City of Clearwatec, Florida, and the �u�dersigned shall fail to execute a satisfactoiy contract as stated in tlle Advertisement herein attached, then the City mav, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater. Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be give�l, the full amount of such bond shall be paid to the City as stipulated or liquidated damages: otherwise, the bond or certified check accompanying this Proposal, or the amount of said checl<, shall be returned to the undersigned as specified herein. Attaclied hereto is a bond or certified check on Bank, for the sum of �$ (being a minimum of 10% of Contractor's total bid amotn�t). The full names and 1•esidences of all persons and parties inte►�ested in the foregoing bid are as follows: ) (If corporatioi�, give the na�nes and addresses of the President and Secretarv. If firm or pactnership, the names and addi-esses ofi the members or pactners. The Bidder shall list ►�ot only his name but also the name of any person with �vhom bidder has any type of a�•eement whereby such person's improvements, enrichment, employment or possible beneflt. whetller sub-contractot•, materialman, agent, suppl ier. oi• employer is contingent �ipon the awai•d of the contract to the biddet•). 'VIES: ,�-�� E ��,v�ra�t�r��Sc. ,Sa M . �;��1�p S - ��C! es�r, V�'c'�01r,ar - �L.�' - c r��►c , -�'e,S�� f7�,r� � _ ADDRESSES: '�?n. i�,7,r 5181 - los Signature of Bidder° . (The bidder inust indicate whether Corporation, Partnership, Company or Individl�al). )• C-olc�.SG a� �70 . � � n , sca�o�a " o��c�� SectionV.doc Pa�c 1 I of 14 9/27/201 p , Attachment number 4 Page 14 of 18 PROPOSAI. (�) The person si�ning shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must. by affidavit. show his authority, to bind the corporation. � • • �� I r_ _ Ij � ij // ► T�t�e: I C�° — Business Address of Bidder: �; �ay C'�11eae. � City and State: ��_�p,tp� S. C, Zip Code aL1 0105 Dated at a � , this ��``' day of �Qr`Q, , A.D., 20 � I. �,lu�,l��a � �- ��s Ic� '� � (� a.� r� . SectionV.doc Page 12 oi� 14 9/27/2010 Attachment number 4 Page 15 of 18 CITY OF CL�ARWAT�R ADDENDUMSHEET PROJECT: CLEARWATER HARBOR RECLAI:VI SYSTEM (10-0008-tiT) & LS 21 D�COMMISSIONI:VG (08-0049-UT) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. J_ Date: a0� � Addendum I�'o. Date: Addend�nn No. Date: Addendtim No. Date: Addendum No. Date: Addend�nn No. Date: Addendum No. Date: Addendum No. Date: Addendtnn No. Date: Addendum No. Date: Addendum No. Date: me of Biddec) , . (Signature of Office►•) � 1 C�, - �f�2S�cSLQ_.n�' (Title of Officer) � 2(� 201 I (D e) SectionV.doc Pagc l3 of ]d q�2��2�� Attachment number 4 Page 16 of 18 13IDDER'S PROPOSAL PROJECT: CLEARWAT�R HARBOR RECLAIM SYSTEM (10-0008-UT) & LS 21 llECOMiVIISSIONING 08-0049-UT PROJECT A- CLEARWATER HARBOR RECLAIM SYSTE:VI (10-0008-UT) ITEM BID IT�MS QTY UNIT UNIT TOTAL #: PRICE 1 'v10BILIZATION 1 LS $ $ 2 TRAFFIC CONTROL I LS � $� ��a• 3 EROSION CONTROL 1 LS $ $��Q� -� 4 TREE BARRICADES 1 LS $ $ y� .-pp 5 ROOT PRI;NING 1,200 LF $ 5'as $ �0� .�v 6 ] 2-iNCH DUCTILE IRON PIPE B�' OPE'� CUT 2,300 LF $ •O$ $ � '� 7 4-INCH DUCTTLE IRON PRIPE BY OPEN CUT 500 LF $ • S� $ �g 'C� 8 12-INCH DUCTILE IRON PIPE BY AERIAL INSTALLATION 1 LS $ J�J �' $ � C. f�� • �3 9 8-INCH C900 PVC PIPE BY OPEN CUT 220 LF $ $ L} $S . c�,Q ]0 6-[NCH C900 PVC PIPE BY OPEI� CUT 500 LF $ ,Sb $ � -00 ] 1 4-INCH C900 PVC PIPE BY OPEN CUT 2.200 LF $ (P�1 $ �, ' OD 12 8-I?�CH C900 RJ PVC PIPE BY DIRECTIONAL BORE 4,400 LF $ .aa $� 13 6-WCH C900 RJ PVC PIPE BY DIRECTIONAL BORE 500 LF $ . S�{' ��a . a O' �� 14 4-INCH C900 RJ PVC PIPE BY DIRECTIONAL BORE 15,100 LF $ 10 �, p• Cb IS 10-I':vCH SDR11 HDPE PIPE BB DIRECTIONAL BORE 300 LF $�q� �$ .O� 16 COMPACT D�CTILC IRON FITTINGS 7.0 TN $3 �� $ _ •UO 17 12-INCH RESTRAI7�ED JOINTS 19d EA $�, �� r� 18 8-I'.�1CH RESTRAWED JOINTS ]00 EA $ 3• $ G��•CA 19 6-INCH RESTRAINED JOINTS 40 EA $'l� SO g .00� 20 4-INCH RESTRAINED JOINTS 350 EA $ ,'�S �` $� • SV 21 16-INCH GATE VALVE AND BOX 1 EA Sl.� 3� $ l.{ �� •'31 22 1 Z-INCH GATE VALVE AND BOX 5 EA $p? �y $ I` q ��• 23 8-INCH GATE VALVE AND BOX g Eq $ � '3 $ �� '1a•UD 24 6-[NCH GATE VALVE A�D BOX ? Eq $'� • �a �,�O 25 4-INCH GATE VALVE AND BO\ 25 EA $�(��Zj $ �S(j'� 26 COMBINATION AIR RELEASE VALVE ASSEI�IBLY 6 EA $ � $ , O� 27 PERMANE':�T BLOWOFF ASSENIBLY 4 EA $ � �'S'� $ •l7U 28 2-INCH LONG SIDE SERVICE 4 EA $ $ �a •OD 29 2-INCH SHORT SIDE SERVICE 4 EA � l $�� •Oa �0 1-INCH LONG SIDE SERVICE 220 EA $�'� $ 3'�7So0 31 1-I'.�CH SHORT SIDE SERVICE 220 EA $ 5�'� $ t •� 32 30" X 12" TAPPING SLEEVE AND VALVE 1 LS $, � $� a,$ '� 3� TREE REMOVAL 15 EA $ '� $ , pC7 34 UNSUITABLE MATERIAL EXCAVATION BELO�k' GRADE 100 CY $��Q'� $` •OD 35 SELECT BACKFILL BELOW G2-�DE 100 CY $� � Q� � 1 •� Attachment number 4 Page 17 of 18 CO'.�ICRETE DRIVEW'AY REPLACEMENT (OW'.vER $ � '� DIRECTED) 100 SY � $ � CONCRETE SIDEWALK REPLACE'.vIENT (OWNER '� DIRECTED) 100 SY �� jQ $ � � 38 CONCRETE CC,fRB REPLACEME'�IT (OWNER DIRECTED) 100 LF $ $ � 39 ASPHALT ROAD REPLACENLEI�T (OWNER DIRECTED) 100 SY $ VO $ 1� ai 40 ASPHALT OVERLAY (OWNER DIRECTED) ]00 SY � � $ aq � SUB-TOTAL (ITEMS 1-25) $ 41 10% CONTItiGENCY $ l� 1• TOTAL FOR PROJECT A(ITEMS l- 41) $ 1.,� � � PROJECT � LS 21 DECOMMISSIONING (08-0049-t1T) 100 BYPASS PUMPING 1 LS $�� $ � 101 SANITARY STRUCTL`RE REMOVAL 1 EA $"�� $'l��p, 102 SANITARY SEWER REMOVAL 715 LF $ �GJ,vD $\(� � ]O.i LIFT STATION'�IO. 21 D�MOLITIO'�I 1 LS $�� $$ � 104 U'�Sli ITABLE MATERIAL REMOVAL & REPL.ACEMEI�T 250 CY $ �$ � 105 CONSTRCCTION OF 12" PVC S_ANIT.ARY SEWER 800 LF � � $� � O 106 CO?�STRUCTIOI� OF SANITARY SEVI�'ER'vIANHOLE $ (5"DIA1`7ETER) 4 EA y� Op $`� y (�d CO'�STRUCTTON OF SANITARY LATERALS (CO;�INECT $ �� TO EXISTING PRIVATE LATERAL) 285 LF a n 3 $ C�(j o! ] 08 CLEANOUT CONSTRUCTION 7 EA $(„} �$ � 109 CONTvECT TO EhISTING SANITARY MANHOLE 1 LS � �$ � �� RGSIDEI`iTIAL POTABLE W'ATER SERVICE 70 LF $ $ OU CONSTRUCT(ON & R�CONNECTIO'� .� 1�j, � �� CONCRETE SIDEWALIi RESTORATION (II�rCLUDING 500 SF $ $ r�� CO DETECT.ABLE SL'RFACES) �pci�� 'c�1 �J. 112 ROADWAY RECONSTRUCTION 2200 SY '� $, � vO � 1� TYPE I CURB CONSTRUCTION (INCLUDII�G DROP CURB � g50 LF � $ � Cxi & VALLEY GUTTER) aAi �� y I �j. 114 CONCRETE DRIVEWAY RESTORATION 2000 SF �jPj� $ ��v�L��,� 115 SODDING (MATCH EXISTING) 4500 SF � y, � $ a0 ��_ 116 ASPHALT DRIVEWAY RESTORATION 30 SY � $ ,�p S�B-TOTAL ITEMS 100 THRL' 11G $��,, (� 117 l0% CONTII�GE:VCY $ ,�. �� •�q TOTAL FOR PROJECT B(ITE:�1S 100 - 117) $ l}� �,1 TOTAL CONSTRUCTION COST FOR PROJ�CTS A& B ��$$a��,` �1 r� . �'� � � ' BIDDER'S PROPOSAL PROJECT: CLEARWATER HARBOR RECLAIM SYST�M (10-0008-UT) & LS 21 D�COMMISSIONING (08-0049-UT) CONTRACTOR: BIDDER'S TOTAL $ I BIDDER'S TOTAL $ �i. � �5�,. S1� • �� [•� �, Attachment number 4 Page 18 of 18 (Numbers) � I( IOv (Wo s) THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUiVIP SUM PRICES AND TH� ESTIMAT�D QUANTITIES REQUIRED. TH1S FIGURE IS FOR INFOR�VIATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL :VIAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRIC� BID. IF THERE IS AN �RROR IN TH� TOTAL BY TH� BIDD�R, IT SHALL BE CHANGED AS ONLY TH� tiNIT PRICES AND LUMP SUM PRICE SHALL GOVERiv. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/2/2011 Award a contract (purchase order) far the Carporate Airplane Hangar II at Clearwater Airpark (08-0013-MA) to Caladesi Construction Company of Largo, Florida in the sum of $533,857.51, which is the lowest responsible bid, received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 3, 2008, City Council approved a Joint Participation Agreement (JPA) with the State of Florida, Department of Transportation (FDOT), to design and construct a corporate hangar at Clearwater Airpark. The original agreement was for $405,431 at a reimbursable rate of 80% by FDOT and 20% in the amount of $101,357 as the City's share of costs. On May 5, 2011, City Council approved an increase for this grant in the amount of $100,000 and City funding in the amount of $25,000 and a second JPA in the amount of $60,000 with a City match of $15,000 to bring total funding for this project to $706,788 with 80% reimbursed through JPA and 20% from the City. This project will add a corporate hangar to allow aircraft currently utilizing the airpark, but in the open environment because of size, to rent covered space. This project is keeping with the approved Airpark Master Plan and has the support of the Airport Advisory Board. This project will start after the award and execution of the contract and scheduled to be completed within 180 days. Sufficient budget and revenue are available in the Capital Improvement Program (CIP) project 315-94854, Multi Plane Hangars to fund the construction contract. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: $533,857.51 $533,857.51 2011 to 201 l Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment 0315-94854-561100-542-000- $533,857.51 See summary 0000 Yes $533,857.51 Cover Memo Bid Required?: Yes Bid Number: 08-0013- MA Other Bid / Contract: Bid Exceptions: None Review Approval: Cover Memo Y x LL W m W rFi� L� � V� a 7 0 = a � o ^ q , � ue � �°- �� Fo z o z a � g ��° o�, n �' `M Q � aa� . °mx =�,,: W_= k,�"n = v _ Z ¢ a o q o�• y°o U �- � `� � _ �," _ Y = W E;, M '�" O - F'' U SC ¢ �.f» >r O N r�c s'.. �.�. . „� F , o U � '�' Z, O :e z _ � Q 0. � y � � V � � � _ , N -�� N � �o F- o ;c � W �,-Vc,�S � O � � � U � MI a � � �,ax° 5Fa= ° �- � zo;= ` ao :� ,, ` A �U� �� Qo � � J R� 0 h rv 7. .? M ?: � F^ " � Q w �; 1 � M+I Z`�.. 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Z F � I,p � q t-, �� 7 ¢ '� . �� ^ aI�°Q ��`' �'"' Iz la a>.,� a��az a.��mo�'a � �d .�it ¢ N `- f'4" . d � z .F .��, I-d- d t-�- [ ] .` ` X d � � � � 5 .rn � ,U, ,J i " ` � �i�Q'<z<��,�- I�x��xzyz°=_ �<U��'"��;�.�� 4 U ��.od 3 �n � aS � � od u r.liu r'''i. �� p a5 ¢ � n � � , , .� � � p'�.,_ _,a q 3a �',�z°�„z, �naNlaz��.c��`� o��l.��-<� ��a?..�,� \ F W''.,G in p C C C 5 7 W IZ �� C� � 7 �,��, 7 O.L F N� v�..._1 Cl ' 7 C C 'L� C F' IC Z .,C 'L - C' 7.. �°-��z��> >o�'io��a�'�'�Sov,�<�� o� � F � Y ,.i i. � a. 9. v�. i. � ��II� I ��-I-�-- � �� Attachment number 1 Page 3 of 4 _ N _ - � y w C m < � < < � �� , ¢ a � � C � a m � � � � � z � v � � L. F z ° � N m W � a o � � w � ¢ C n r- � � � � � L � X � - L 5 x: G K � �Q � �� G¢ q m � z z _ ¢� ¢� z 0 F S i J � � a ¢ i � � 5 �? ?o � ac p .z,, G ~ y x �,_, ¢ ¢ z j � � ¢ N = � _ Attachment number 1 Page 4 of 4 �a F � z`aM o _ xu y— z � �-W > � � � u �� ,o� 3 a � �, F M J C N .'l. z z _ O a °C O M U F R MI Q d � _. Tr_ I O ., U .. M. �, � W M W z � � h w �, z � w � � A � o = p a F ° W � � � � � a ¢ N 0 F I - M. M �C��►D Nti�iB�R; ec��T�r�.ac�r Ba�a� STAT� U�' FLC7RIDA C(]C�ItiT�' OF PItiE[.L4°� Attachment number 2 Page 1 of 16 �I+D�' ALL '�IE�' Tii- TI�E'�� P�C64��:'�7"�: Tl3at ��e CAI�AI3F4I �C(3'�STI�L?CTI(i� C17. as C:rant��atitnr and I�TE[�ti.-1�"I�IC)�.Ai. FiDF[.i`F�' INSi7RA.NCE Ct��ll'1�'°'oIIV (S',aret��) rv�7o�e klo��4 �dd�-�ss is (]1!� �EVL:4RlC �T'�"[`��< �C1i�' �L[}(�I�. I��i�'��, 1��' �E�ZSE'� a71[�2 HEREIN�►FT[:I� ��I,EII THI�: "S3a�et��" ar� l��ld and tirmly �oui�c� int� tll� City o� Clear��ter, Florida (hvr�inatt�r ca11e� tk�e "Uw�n�r'') ii� the �er3a1 sut� of: �1VE IIUNDR�� THI�TY-THREE TI3�L�:�'_�D �1GH'r HLT'+�iDRED FIFT�' �SFVT:'�i CI�QLLARS �1.i�D FIFT� C�l'"dT� (�533,SS7.5(3j fc�r th� payrn�r�t af ��•hi�l� �e bin�l ours�l_� ��. �ur l��•irs, execut�rs, adininist�-atars; st�cccss�rs, and a��i�ns tor tlze faith�ul �±erfarmance �f a certais� �irritten �c�ntract, aated t�l�. day of , 2�i I 1, enterec� i��t�� het`��eet� xhe Cox�cractc�r an�� the Cyt;;� of � Icar��ater ior: CUR9'€]�R_ATE H�'�G�R II AT T�C� C:LE�ARW4TEi� 4IR�'�l�k {08-��S3-Ei�i � Il8-[�U13-�r'�x�} a capy c�f whicl7 said cor�tr�ct is inc�rperratcd hcrein b}� reference and i� m��e ��ar# her�.of�as ii tuliv cc��ieci hcr•ain, NC]�'V THERI:�4��E. THT: C+CINDITI[Jri�i� �}F THIS (�B�IG.�.TI(}N A�E SUC�-I, that i� tl�e Ccantra�.tor shail in all rzs�e�ts cc�i�l�iv �ti•itla tl3e itr�ns and c�nc�itic�ns ��f said contract, i��cluai�� xhe c�ne-year �uar�u�t�.e of n�aterial �nd l�t�t�i�. t�r�d his obli�ati�ns there:und�r, includin� ti�� cc�ntract. do�t�rnLnt� {��E?icl� ir1�l«de the �'�d�ertisett��.nt far �3ids, fi�rm c�i°F'r�p�sal, Form �f'C�nEract, Fc�rm �t Suret�� Band, Instructic�r�s tq Bi�iders, Ge��eral Cc�nditial7s and �"eci_snical Specific�tioz�s) as�� tiae Plasxs and S�a�cification� therein re2"'erre� tc� and s�iade a part there�t; and such �I�ti�ati{Jns as n�ay re made in s�id Pl�.�ns �nd ��aecitications a� tl�erein prc�r��i�e�l fc�r, and shall. indemnil� �tt�� sa�L hartnl�ss the said (?��ner a��i��st �nd trot�z alI c�7s±s, ex�+ens�s, dam��;es, injur4� c�r ca��ducx, ti�'a�nt ot c�re cr :�kilL, ne��?ige��e �r def�ult, i��cludin�.� �'7:�L�ilY lII�I`fi7��einents on the �a1-t nf thz said Cantr�ctor a��nts or emplay�ces, in the ,�xe�c��tic�n c�r perit�rmance c�f s�id cc�ntract, includi�� errars in che �lans #'ur�3isher] �i�� tl�e Contr�ctc�r. and ftzrthe�, it� such "Cc�n�ractor" or "Caa�tractc�rs" �hall pron��tiv rr�a�� pavrr�e,7ts ta all pez-san� su��ri�1� him, ther�� nr it, lai�or, nlaterial, and 5L1�3�}�1�5 U��C� [�1T'�Ci�V [7C indirectly� r�, s.�ic{ Contra�tor, Contractc�rs, �ui�-Ct,ntractor, or Su�-Cc�E�tract�rs, fn the pro�ecution �f tLe v�°ark pror�i��ti f�r in said CQntrac�t. this obii��tian s�a�l he voi�, c�iher�n��s�, th�. C'ontract�r and �uret�'.j�intlt� �1�d se�er�lly a��ree to p�� t� ih� (�}wner a�� ifferenc-� bet��,e�:n �ht su�r� t� v��hiclY tl�e said ��ntractc�� a��c�uld b� entitled Qn th�: �:om��leti�n �fth� Cc�i-�tract, �nd tl�at ��hich tht� i��n�r r��a4� b� c�bli�e� to �±a�� for th�. com�+letian of s�id ��ork �y cs�nir�ct or c�the�v-ise, &��3y a�na�es, dir�ct nr indireet. c�r cc��f��.c�uertti�I, which s�a� C��dner n�a�,� �ustain �n accc�unt c�i such w��rk, ar c�h accc�u�7t c�i° th� tailure of t��e saic� �Cantractor tc� ��rc�4��1�� aa�d in all tl�in��s, k�eep aF�� exeeute �ll ttze pru��isions af saicl �ontr�ct. cc�hrr��cT rc�R sr��TL:�F� Gd,� i�`�z �„r ia a;2-;��i� Attachment number 2 Page 2 of 16 �'�}��`,�L�� {�;°L� +*�� And the said Cr��7traetor ai�d S�u•ety� hereby fur�her l��n�f fk�emszl�•; s, th�ir �ucc��snr�. exe�utors, ac�mini,tratt�rs. and �ssi�n�. jnintly anc� severally. th�c t��er� v��ill a�r�t?ly :�ric� i'ullr� prc,rect tlz�. �aid C]��n�r a�ainst, and ��i�l p��y an�� and all a�naut�ts, dam��es, cc�st� and iu��ment� ��l�i�l� rr�at° be recc��r�� a4ainst Qr ��=hic�� the C7�sn�;r rr�ay be �alle� t��,i3 to �.��;�� to any peraon �r cc�rpt�ratic�n r}� reas�n �f a�ry �i.+i1�.��- �ir i�i�� trc�an tl�� peri�.�� <,�� c�f said �°��, ar ��' the r�pair �r rx�aintenarjce th�revf', c�r t�ie rnanner �f �oing xhc same ar the ��e�lect r�F t�� s�id Co�ltractor or l�is ��,�er�ts �ar serr�ants ar tk�e improper pe��farnr,��c� c�t the saicl e�vori� 1,�- th4 �ontractor r�r l�i� a�ei�ts ar sc:r�a�zts, c�r th� infrin�;�rtieni.� of any pat�nt ri��i-� }�� rea��,n aftl7u use af �nxr �i�aterial turr�i�l�ed �}r ti��rlc �c�Y1e; as aCc�res�i�. �r ot ��;-w•ise. And the said Contra�tc�r �nc� �urety her�b�� further 1��r7d thems�l��s. tl��r succr:�sc�rs, k��irs, e�ec:��i�rs, adrninis�tr�tars, and a�si�ns, raintLy= a��d se�vera?lw�, io r�pa,- the c�,��ner anv su�n ��l�ich zktc. [�wner n7ayr b�: �ornpelled �n pa�= t�ecause of any litn for lahor' tnaterial Tu�ished f�r tl3e �.vark, erzlbrace� by s4rid Cc�ntr�ct. And th�: said 5��ret�r, for the Ualuu�: �-��ived, h�r�by st��t�lates and a�rees th€it na cha�i�e. extensian nf timc, alt�.ratian ar additiun tt� ih� temis af the cc►ntract cr�• �Q t�� c?rk �u b� perfarnzLd t17w��eunder or the spzr.ity�a�ic,ns accc,m��in� the ��rne sh�11 iaY an}� ti�a� at�ect itw abli�;atic�ns an ll�i� bnnd, and it dn�.s lier�by v�r�ii�� nc�tic� ai�any st�ch change, �xtensioi� ot timL, �Iterati�n r�r additic�r� tc� t��e tea7ns c�� the contract �,r ta the wvc�rk �r tc� tl�� s�ecificati��a�. I'1i TE�TIiVI+ClN4' '�xVH�R�aF, «�itness the hands �nd seals of the parti�s he�•eto this dav of . 2� 11 �ALADESI �'�}�iSTR�C'`Ti(lN C[l. C[]NTRA�T�R ATTEST; WITI�iE�S; C'+[)U�TERSIGNEll: $y: s��.��r�r �V': :�'�TCJ��I°d I�;�C�-II�-F�CT CC)VTh2�lCf FC]R �1CiVRTi�RE.d��c Pa�e ? �,1' 1� �l;'?`r�[l1G Attachment number 2 Page 3 of 16 �(]l�"CF��CT Tr�is CC]�1'�'I�1SCT ina�e and ent�r�d ii�t,.� tl�is da�� of , 2011 t��= aYad �ct«•een th� C�ty c�f Clzar�rater, I'I�rida, a municip�l corp�7ratian, h�rein�iter ��esigxzatc� a� tLe ''City", a��id C,1LAD�:SI C�DN�`T1�Lt�'TI[]\ C[3.. o€� the �City ai� LACi,[iC) Cnunty c�i� 1'iIiFLLAS a�id Stat� af Fic�riaa, hurein=�fter desi�nated as the "Contractar". '�'L'�TllrS�ETI�: That tl�ae p�r�ic:� to this cnn±ract ea�;h in cc��isideratic�� f tlle undertakings, pramrsLs ane� a�reem`nts or� the �art �i�tt�� ather herein cantair�ed, da �ereby undert��:�, ��zamis,: atia agree �s fnll��": Tl�� Contracto�, and his �r it� suc�essc�rs, assi�ns, ex�cutor� �ar adminis�ratc�rs, ir� eon�idrratic�� of the sums of i��c�ne� as herein after s�t 14rth tQ be paid he the Cit}� ani� to tk�� CC�ntract��i�, shall and «�ill at th�ir ov�-n cosi and e�pense perfrrnn all fa'�or, fizri7ish all inaterials, tac�ls ancl eq«rpni�nt f�r the fc�llot��ing: �:QRPf)1�TT HANtxA1C� II A'i TH� CLEA�W.�TFI�, ACI�PAItK {[�8-(ifJS�-Eh � 48-[�OI3W VI:�� Il�i THE ANi�3�.?NT UF �'T'�E H�NllRE�► `THII�Ti�'WTH1�tL�, TH[JL�S�4,?�U �IGHT H�JIdiDR�ll F�FTY SEVEN T�()LLARS A�iD �'I�'"�'"Y C�NT� ('��3�,��7.Sa) In accordance with such �ropc�sal and te�chnical su�7plemental spe�ilicatic�ns and such �the� speci�l pr�visians �nc� dra��ings, if anv, �rlli�h v��ill I,L: ;�ibzr�it��d by ih� C.it��. to��ther d�°i�h any a�l•�rE�.;t•�i7��t. rristructiuns tu �aidd�rs, ge��eral c�nditi�ns, �roposal a��d bc�nd, wl�ich rnay h� heretcr attachec�, anc� zinti' dra�°ings if an}�, tivhich rnay be h�rein a�G�'erred to, are here�y anade a�art caf this c�tltra�t, an� ��110� saici w�ork to l�e perF�rmcd and cc�mpletec� t�� the c��ntraciar ancl its �uc�.�ss�rs and a��i�ns s}lall bt fully co�n�ie�ed in a�c�od and w�ork�zlanlik4 manner tQ t�e satisfasti�rn c�f the Cii}•. �f the Cantractc�r �hatzld fail ta cornpl�� with any of the t�rms, conc�itia�is, pro�-i�i�?nG c�r sti�ulati�ns �s cantained herein ��rithin tl�e tit�� s��ecifed f�r �omp�ei��r� of th� ti�ark to be p�,rfi�rme� bv tl�e Cc�r�tract�r, then ihe City� I71elZ' �zt its c�ptic�n, a�°ail itself �f �nt� c�r all r�meda'�s }�rc�� ic�cc� r�i� its �a�half an� shall have the ri�ht ta pra�eed lc� c�nzn�lete s��ch w�ark as C`ontractor is o�li€ateci tn �?�rf�rm in accnrdance wit�7 th� pro4•isie�ns as cantaine�l hereil3. THE C[lNT[�ACTaR A±�D HIS C1R �TS SU�CE�S()R� Ai�i�l A�SI�C'�'� 1�UL� H��2F�iY A�REE TD A��U:'VIE 7'H�: llFFE'.ti:SE �F �l`i�' lal+.[�r�,L ��,CTIDI! 'L'L NI.�I� NIAY BE BIiCILIGHT AGA.�N�T THE CIT3� AS � RT�S�L'�T (lF THE C(?�1TlfdA�T[lR'S �CT�VITI�S ARISING i3LTT i)F THIS CUNTR.r�.CT A,I1iD d�'�:I�tTHE�N[[7��, IN CC1��Ii7El�.�TI{)'.V C3F THE T��.�1�IS, STIPLiLATI(]N� :'�1tiD �[?I�iDITIUI+�S �S C[�l�T:�IN�I� ��l:l�f�_lti, :4GREE� TL7 H[9LD �i�HfF., C� �.-1 FI�LE ��'�ll HARMI�E�S FR()i1�I ANY ��lu ��LL CL�II�iS F��. D�MAGE�, C�STS [lF SUIT�, J[JI]GIR'XEM1'T� f3I�. I]ECI�.��;� �E�ULTItiG F�,01�� l�'Y �LA�!'i'XS NiAIIE LiN��:�i "�'N1S C(11i1TR�,��' �G.�IN�T THE CXTY ��t THE ��t'eiTRACT+UR []]E2 "['H� CC3\•1-I��Ci�l�'� 5[ ��3-C[�'�T1�CT(7R�, AC`xE�"TS, S�RVANT� [�� E�vlt'I.(3YEES RE�LTLTII'4G �'�C?�vI A�TIVITIC� BY '�`HE AF�3RE1�'�i::�i`��XQ�1EI] CrDleiT�tACTfJR, SL�B-G[31d(�'�t.ACTQR, AGENT �C�,'�'��TS Qit EMPLU'►'[�ES. c{_3�v.r�ncr ��R �ic�r;ATtr�.d�� i�� e ia ��2;;�.�rn Attachment number 2 Page 4 of 16 c��T�.�c:� �?� Cn additini� to the tcrre�ain� �ro�isians. tlie Contractor agre�� to cQnfor�u ta th;. [c�ilc�win� re�uiremcnfs; fn conne4tior� witli ahe �,��i;•rn�an�e c�f �vflrk under itdis ct�^nt�•�.�t, d�e Coi�tract�r a�r�e� ��nt tc� di5crirnir�at� a�aii�st any c:rnp��ye� ar ��Splicas�t f�r emplotirnent b�cause ofrac�, sex, reli<<ic;�i, caly,r. or national ori�in. The af�re�aid pr��isic�n s11a11 inclu��G, but not bL li:nited t�, the follc�v�in�: ernplc�y�rnznt, up�;r�dir,g, dumotic�n. �r transfer; recruitrr�ent or reca•uitme�tt ad��ertisii��; lay-�ff or terminatic�n; cates ot �ay �r other Furms a�' carn�ensati�n; and stlectinn fe�r traiiun�, includi�l� a�prenticeshi1a. Tli�� Co��tra�tor agr�es t� �c�sk hwr�:aftez- iz� cans�icu�us places, a��iia�le f�r employees ar �pplicanrs fc�r em�loyrne�i�, noti�es to be �rotiid�d by thc ct�rtractira� c�f#icer settia�g fc�rth tlie pro�isions of�th� a��n-discrir�ain�tic�n clau�e. The C.ontra�tor- �i�r[her a�rL�s to ins�r� the f'c�r��c�in� pr-u�•isi�ns in al] e�nt.-acts herc.under, includir�� contr�ct� c�r agr�einents r�rith ]ab��r uni��n5 and�c�r w�rker's rep��esentati�es, excepi suuU-�:c�ntr�ct��r_s f�ar staz�dar� comn-��rcial sup��i�� .�r ra�� mai�rials. It is mutuallr� agre�c� betv�-�e� the parti�s l��xeto that tim,e is of tl�e essenc:. �f this cc�ntr�ct, and in tlie �i�ent that the wc�rk to be perf��rrcied l�� th� Cositrac[c�r. is nc�t c�m�leted ��-ithin the time sti�ulat�.�i herein, it is theti :*'urther aar��d that the Cit�� ma�• de��ct irom such sun�s Qt' comp,:n�atian as naay �� du� to the Cantract�r th� sum af �1,Oa0.QU t��r ciav fc�r �ach day that the «Tor�c tc� b�e perforrned by� t��e Cc�ntractar remains incomplete beyond tl�� im� fimit s�e�.itie� herein, vG�hic�i sun7 c�t �l,OUfl.O�l q�e�� da�- shall �nly �n� sulely repr�sent damag�,s ��hicl� ih�: Cit�� has sustakne� f�y reasan ��f� the failure �i th� Carrtractar to connplet� the w=nrk ��ithin the time sti�ula[ed, it l�ei��g; fiu-tlxer a�reed thai itus ;�un is n�rt to be r:c�n�:t� t��c] as a�enaliyr but is anl�� to bL ca��stnied as liqti�idated clb��i�a�es tc�r failur� of the C�ntractc�r to ct�mpl�i� and p�r�arm �ll ��ark writhin the iime perit�d as 5p�ci�i4d in this c�ntract. It i� furt�er mutually a�r��d hetr�ee�i t�i� Cicy an�i the Cc�ntractor that if, any tame after the �xeculian ot this cantr�ct ana tl�� surety band whicx7 is attach�:d hcret� tc�r the faitliliil ��f4�m�an�� c�ft�ae t�rms a��l can�litions as cont�in�d h�r�;in by the Cc�ntra�to;�, that the City s�all at an�� time cieem th� suret}� nr sureties up�n suc.h �erfi�arn�ance hond tc� b� unsa�isfactc�zy ar if, frar an�.� reasc�n, tl-�� saicl b�nd cea�es t� be adequate in am�unt t� c��er the ��rfarrn�nc� of t�le rvork tli� C�ntractk�r si��ll, at his or its c��m �xper�se, ��ithir� ten �10) day� aiter receipt �f`��ttr:n n�tiee froxn the City t� c�c� sL�, #urnish an additional bond ar t�onds in such te�rr �d ai�zc�ua�ts and w��t�i such �urely r�r sureties a5 �h�Il he� s�ti�factary to the Ci��. If 5uch an e��nt occ�rrs, no furth`.r paym�nt sliall �� i��a�4 to the Cantractc�r under ti�e tern7s an�i provi�inn� of' thi� �ontract until such n�w �r additianal securitv k�c�nd guarant�:eing the #�ithh�l perforn�anc� af the u�or[� unc��.r t}�e teTT��s hereof �Il��l �e �ampleted and furnishcd to t11� Cit�� in ��arm satisfactoav tn i t. C(]�lI"RACT FC?R SIG�iATL'RC.doc P�g� 4 nF 14 9;`�7i2t:i(7 Attachment number 2 Page 5 of 16 cc��r�ra��r �� Il� E�ITI��ES� �'I-IERFf��', th� parii�s tc� t}�c: �greem�nt ha��e her�ur�to se:t thAeir harids and seals and l�a�=e c��cuted tlii5 A�;reen�ent, in duplieate, t�e day� an�: y��r �irst abc��e �ritt��. �'I�I'Y ��' CL�AI�1�'ATEI� II� 1'I1�ELLA'� CQ►L.� NTY, FLfl1�II� 4 B�• ��'illiam L�. Hc�rne, II CitV ?�la_rti��er Count�z-si�ned: 8��: F`r�u� Hibb:�rd. �1�'[a} e�r�Coualcilmember (C�ntractc�r mt�st indiGate �vhethcr Corp�ration, Pax-t»uz-sk�i�, C��mpan�� c�r Inc�i��ic�ual-) (The person si�,ning sh:�ll, in }�is au-n; han�iwri€i»�. s��n th� Princi�al's nar��e, his a��n name, and his title; r��her� the p��s��l is si�,nii�g f'c�r a C�rpc�ration, he must, by a�f�davit, shn��= hi5 autl�c�rity� t� bind ti�e Car�a�ratinrii. (Seal} .�ttest: fZos�marie Call �.11l' ��1'�C A�apr�vec� as tc� f'c�rm; C`amilck �r�tca !�ssi�tant City° Attorne�� CALAI)ES1 CUNSiR�.�[:Tlp`� CCD. [Contractc�r} By�: �'�£:AI<1 C'G\TRf1CT F�R S1C;1ti.A`!'URE.dc�:: Pa�e 5 of i4 9:'2T'?U1[1 Attachment number 2 Page 6 of 16 C�I�TR�4,�T+Di2'� A�'T'ill�+►"`JI'I' �()� FI��L P�YI�IENT �C(7R�'�3RATI[lN �'OR}I► STA,TE C]F k'l.f)�1U�. CQL1i�I'["9' [7� Dn this day' �aerst�n�ally app�a�-ed �iet4re n�e, tlie unc�� r��ned �utli�rit��, dul�� uthc�riz�d tca adn�iniscer oaths and tak� ackn��led�ments, _ , wi�o atter �Lin� ciuiy �ivar�i, de��?ses and sa, s: That he is the (TI'T��} ❑f CA�,�]DJC�I C[)�i�TRU�CTiCIh CO., ��'larida �'�a�+�ratic�r�, ti�-irh its ��rincipal plac� of busin�ss loeat�d at 139() �1[}N��'V I�Ci�I), LA�C�, FLQRID�► (]l�r�.in, the ''C'cr�Yirac��7r"'�. Z°hat tl�� [�c�nirac;tor r�•a� tl�e �eneral cc�ntra�.tc�r ur:der a c.�ntract execuied c�n tl�� day �t , 2i�I 1 v��ith the CiT�' ClF CLE4�R174:A"T��, �'LORID�, a��iunicipai cor�+orati�n, as C7«�7�er, �nd ��ial the Cantract�r u�as tc� �?�a�foa�n t�e cc�nstru�ti�n af: �QR�[]R."�TE HAVGAI� II AT T�1F Cx.;�AR'�VATEF� AII2.P�#laK (D8-OU53-Er1 � O8-a013-IVIA) Tliai saic� w��rk has no�� beer, complete� and th� Cc3aziraccc�r has �aid and dischar�ed �lt �ub- c�ntractars, lak��rers �nc� inateriai n�en in cc�ru�ectic�n wit� said �ork and there ar�. no liens nLxts#andin� of aalr° nature n��r ar�y d��ts c�r ohli�atic�ns that mi�ht �ecc�me a lien or encun3k�rance in c�xu-iecti �i� ��ith sai�f wnrk a�ainst ihe �ie5cri�ed �rapeRy. Th�t �ie is ma�:in� ihis aiiidaL�it pursL�ant tc� tl�e r��uirement5 c�f Cht;pter 7]�, �'l��rida �t�tut�s, and �a�an ca�sideratinr� c=f' the p�yment af {�� inal � ull AmoLU1t oi Contrzct j in full satisfacti�n an� �i�charge ai said contract. "Chat th� O��ier is hereb�� re�eased �`ro�� an�° cla��n ��hicl3 mi�ht arise out c�f said Lc�ntraet. '1"he wc�rd "lien�°' as use� in this aftida�it sl�al� z��an a�1� and al� arisin� ur.dex th� operatio�� c�f tl�� 'lorida �iechani�'s X.,ien Lao�� a� svt fc��th in Chapter 713, Flc�rida Statutes. Sw'��rn and su�+scribed t�a �efc�re nie Tl�is da� af 2[l 1 l �T[]T�RY PX7BLi� C�rnYnissi�n Expires: C:�,L�A.11E�;I �()N�TRL: C7'IC7I� ( "�l. AF�IA'! T : ��tESIIIE�iT �:�t�rrc,ac�r Er�rz �[cr�,4TUt�.�o� �a�� or' i� �� T �,�?�io �'R+�I'�]S4.I_ �� ,�iot to c� :iliea ��u' if � certif zd enec:; is ::ut,rr�itt��# j i��t�� ALi. N�N I3�' TT�.LS� �']C{�S��4T5: That tw'e, the ui��G;•si�ried, 'a]aa��i �a:�=wracti-�r C'c^- �r�- �5�IY1i..��7i1�3c711(� I�t�rnat�.c:�al �id-��±L-�:r I_1sar� :ce � _•~�aa:zY _ _ ci5 �La'�', 1�,'1'_�'S ��C�?'�55 15 �n-y t:�wa� : �Pn��r, 2 �- �7 = L ::�c4ar.:, I:� ': iir? 1L'e }7f;IC� c�I]� �`1121]�1' �"CL�I7� I,,'1'.-tC IZ7� �7C�rt?�C.E��i'�'c"�.zC. I"iClli�ic'l, lI1 t�le S.SI:1 C� ';'er: 2_=�`cc:rt �F is�{o:;,at L'iti C]nil�us (� -s a� )(b�ing a�i�ii�:um rat' I?;% :�i Cant�actoz's tn�al b�d arna�:�nt) �`c�r ii�� a��tx1ci77 of `��iiF,Llx; �.�el] ai�d E��1y to� 1�� a:��e, ��e hc:t'ehy° ��uitl'�' ai�d srvera?ly ��i�� ❑°ai:�eiv�s; cur l��it's, ��;�etrtQrs, adrriiitisirai��rs, s�ccessa��s �nci aa�i�n�. I`�7e �Gnditi�r�i cjz t�e a'�ove 4b�i��stic��, is sYi,yh th�.i i! tizr att�;:la��l Px�?�osal af _� �S �a"t1Cl�7�l; r�a'1C� n`e� -aticn�i� Fs�-i_��d I"s zxa::�e i �r.�c=riy .35 ^�l�aes� vor-�r�uYt-:cr Co^�w�s;i - - � :u•�ty; f�.r •,� a��1: sl: ecifi�c� �§: C�7RPDT•2.� i`k H:�\GAR ,� �'►"I' T%1T CL]CAFT�VAT�R Ail"�F'.A.R.I�. ��U>3��N fu (]$-[1d�3-1��] all zs sti,.�i�_��i ui �aid I'rn��c�sal, bz. .ci�in� a�I w:�n,:t iilc;cierstal th��cip, iu zccar�lai.�e ��ri�h tl:� t��aizs and s��ecifcatie��is ��iaZ�ideci h�re�'C��', all �,�'itl:� Pi;�c.�l�s Cotin�;Y: is ac�cn.�� uid t;�e cen��t'a::t ati��ardnd tcr t��e a�c�vz natn�� 'r�idder, and t�iU saicl �zc�c�ei sha;l a�:itl2ir ten �iays ��.�r .r�oti�e af �atsE avx:+�a�d er�zr uita a c�ii�raca. i.i u°ri�in�, �t� �irnis�� t�a�� zeqL�irwa P�i'i�n�l�.nce �ond ��t�z ��rety pr sLJetieS ta �� a;�prt�t�� b�` t!te 4: i�_� Manz y�_. t1�is U�liga�ic�� sl�ail �� i��:i�, a�l_en��:s� tize san�� sl�ali �i� iii ful! fc�rc� �:c1 �+i��z�.�� l�ti� 1�w ata�i #;li� fiiiI amou�it ,^f tiv� nrespc3�a1 Bet�u H�� b� p�:cl t� f�:e City �5 s;i��ul�t�-�i c:�� :i�uit'ated �i�nages. �igued llus z=�� 4aa c�f :�arci�� , 7011 '��PI`l� �} I 171°1S1, 111Ci �t�..�.�v3�e:her ar,�flr�atiar ��-Gneisl�ip, �nz��i�any �7f' ll1QIVI�1�7. The pers�n si�otii�� h�11, ?t� 17�s or��1 haiYde��ii.�in�, sii7n t��e I'iti�rcipal'.s nac��e, his u�3�� nat�r.e a�:ri ]�is tiitc; :he �ersr�n si�:�in� fo:• � cQi�p��atinr nnzs;, Ly a:.y�dnvit, sk�,�ti� l�s auth�r:�s�- tc ��i�d t�i� co�4�•aticzl. Attachment number 2 Page 7 of 16 C'ala��:s� :::�nst�uGk'_cr_ �cr��ar.p � }� �y'�� '�r ` r+�-� �i: `� � y..:�,� �r•_,}1 '�? [A I � i�1'IriC1�7c'L� " y f � , t E�3�f �' ��'��. ±��., .4„�II�/�� .. �c.r. _;�� Tiil� Y-,f j,.�l ¢�=J`'� _ _ _ternati��r.al _ �dr�'_ ry _r�,arar.c� �a�v ' � � -k:._ .l�_. {. . . 7=�.I�,'�.�' '�e•✓in :+p;�'C•xicz. A==crney�i:1°Fa-'= .�n�; c_ 1-_cezs�d A�e^= 5ecti�rnV °�ge 7�� l�1 7i'�r?Oi u , .-� �.`�'. ! Cr. .� 'i'i � ��Ril\ V�, t�rl,rl,`�1.��7 Attachment number 2 Page 8 of 16 II�iTERNATIC�I`+1AL FII]�E�LI'�`Y �NS�I�tAi'�iCE �[1MPANY HOh1E_ C]!-f�i('�'; �Jl�t: til�V4'I�,[�K C`Fi�-I�I:R, ?il"i-1-i 1-1.r�)41k NL'��'r1}�K. N}�1'l' 7t:EtSf;l' i)7iQ?•52(I % FiVD�'L` a1LL 1tE1': 13'�"I'IiEtiE FRESF;hTS. `d'htss T1tiTFRTtATI[]1;1,L. FL11L:L17`4' LIVSI'f2,�„!('E {;Y3:kdY.��ii", ,s cnr�u,r:{ti�,m� �>e_�ar3ict-si and iaisi�r,� I��+�•. ~,f the Sta[e ��f yeu }erseti .:an+,1 hs��uzL ots �rimipa! ��ii-ict in rhe I"ii} r,i I�+:�;:irk. :�'rK Jersr�, cla+rs I�eret!ti tnay,�r�utr a�iii .��r�{�irat crl.�;��, .a�z�T�iv��rrs. J�t�r�{ �. �r�T. r��:�r� wc��t'c�w��cz S�. 1'�t�r�tti�ir��. Ff_. „. �t+ fn�c� ;�r,i I:icti Si�l aati,�itti(y�-ui-la�i �+� excrut�. seal anJ deki+�� fnr arr� �,n �ts i,c�laall �iw tiuret�. �atrv ,�F�d .ill f,s��icis �inc9 u3i�Jcn�k;iru��=. c!ntr��is nt �r:;.i�rr�i�it� ancl �,�ri��r nriti�igk ��hli�aACSrF in tf�ti t��4t�3r.• thrrt„9. uai�alt are �+r ns t� F+�: a31��s�iE, r�x3u�re�9 �+r g�trr�isrtecl hv Ic�titi. ,t;isurr ei.elr, rr�i�l:�ri��i:, � i��u�a�i t�F u:Jtcr.1:,�. :�i�l ih�� •.�.�Ci�,n �,d ��tli �nvtsviticazus) in Fsu.rtivasa�e ��F I1�4�.w� ��r�•tt`t�l�. tk3;af1 kt� a:� l�inJtn� uPa�i tl�e �aid TM1`I"�12.V:1"I'[(9'ti ll. I lie[ 1.1! 1 I'wti[�Ei:IVi'F [-()�lf'11ti1'. :�4 f:rll�� a�i�9 ;im�l�. ��, all intct��ti at�� pury�a��e+. ;�, ii iii4� ,�l�r 11:�d he�:n �lu�v excrutc�i :�r�rJ .i�:knl��ickt�E��l h�� in r� �°�� ,��' I. r� .I ��+.�i��r. :�i it4 vt�tl�i�.ii :�11tce . . . Chiti i'��vrs �•.1s��,rnc� i�=.L�ut��t. ��n�1 r�ra4 f�4 rc�n�:�+il �,�.� •u;:ru n irnl P i�h��r��y ul Arucl� 3-5etqun 3, �nf lY1c' P3� 1+��s u9ny�rr�l �3�. tls� liu�eJ �I Dire,toia c�P`Ih 1 EfL'ti�f f!)\:1E: FiDF.l.li'4' 1N5i R.t'�f'1 � 61'11'f'+�til .� ,� � ,i_ callcd �r�ti f�elJ nn Il�e 711i+1a� ��f�E e.l�r3i.��,. '9' I. Ih? 1'n•side:ia ,-r .im 4'ic� k'iraider�c. Fxc�xiiite 1'icc 1'rrti:�f�+�i. Se�rrt,irF ]3' :1�tilSi�l]'s[ S I��liA1i'. �Ii�3SI Il;iw�e Ixrrvcr �ancl ;t�rt6�uritti 1 I�� ;i�,�,�� ;ii '�[1rr.r�� ii¢-t.�:1. .�:�J �, i�ir',r��r:x: �fs;n� i-„ :i�•: �:ii.�; ,,� �li�. ��rri�,arss. :i3iJ a1t,i4lt Quc' Sc�l ��I ilic' Cosn[*:z�ty lli:.re�c�. hir�iiti ai7c �ii.ics;al�iu��, �_�,�i�i3�t� u� �aric�tai�i�j �,�a! .::fa�r Kr�iii�t5 _�L�i�a[.�i: �,i �� i:;i�� i;ic�e.�! a�iu. ?;� Ta re!x�nve, at anr !inge, an.: such attnrn�; -i��-fact atti�! r�vok:� tl�e authmiiy given, Fur'h�r, �hr� I'n+3�:r�,E httnrnc� �. si�ncrl anci �ialz�l I,� f��shni!c �u w:�:i.n �n r�wnlain� n,' r,.r p+��..��1 � I 1�n:::! �i ,�� ,:ii�.l C4�n��:�n�; ad��,�ted a� a in��^i;:g ,�uh+:,sl'..�±.uiJ h�I�J �;:i ili� '�lr:i �i �,I :1�� I I`�.`'_ ��,�.iiiiri rli�: r��II � ii�� iv.i n,i� c°��..� i tio+� the;_?ere �ir si�r�n�ri; nf Sueh t�r!3LC, s.uir1 i•`,�e se;al ��l' t.he C��*,t��r3n� :�ia� he ;iffxe.] �n ,in+ s,:ich • _ � i in rrn: ,+ i'�t � ccrt. 1.;�i� r�l.�tiai_ ik�erett� t�s ta�,'i;�l; °.r..; in• ,,t:ch rn�.tit nf:irr;,rr;� �•.�r ._ruli. i'_ I��,:nnc •,',i, li 1;i,•iniilr �„�n.ui.ires �.it I�i•.•.iu�il� :r„I I,i,l +, li�.l ;in�i i i.'ine i.i�[�r. �;te (.t;�):i �} �tntJ tir,v .iUCI ��-��t:ti'; t i. �.c�l;r.e'�, �..11�� s'Cfll l_�,: ��'. .*Ilill;�.� 1�_'il.[I;:f:°; _ill�.� 14C51f:11IC ��kd; )f:ki�l �"C y'�1�LU liiil i�.u��uk up�::,.��i r't�� i�c�n��anti• in -_kir h�LUOre° L4. l.�i17L'J[ [I` �li*.L' L.��P.�u vi LLik�lr'ii'.ti,1fS� L�r wElltli lL lt �iLi:i4ltr.�. � �� 91 7 ��1}�� I�Q �`��► �,y° � C'' �£Ae L `'e+ � r+-9 y 19� .y. e� �. �' � �.��`` �° ��i � �,�'�� :I� 7'LSTIhtUVY 1�HERE�F, InTFR,ti,#7'1(l'VAL I II7f L11'1 I�SC"�i:�1tiiCL t(]hIP.�'SY t�. C.ill'L"41 1�:15 1:'ISitllIYlf'll[ ll1 I7t �i.;r,cd anu its Uri�csra�c: �c.,l �n he af i�s.:s� t�; t; ,,t,!h.: ,:ze.� .�ffi�er. :his 1G�I� day i. C):_�crhe._ A�. 2{?"". 5't:�`I'�. []F ?l�:lk� IEP.S�Y .'at:n�ti� ar' f.s,..:x dltii�l'.I{'� I I Ir M�, 1! � lil} R I I 1 I'�al IZ ��.� f� i�All'�'�1 � _ SC4CG1fIC4' G:� tn;� li�tt {, �� r ,,,i I i I I r i i ii �Ih_ �^wiviefa8i w7o e��ute� i]:c. I•r�cerli i i,i tr:i:n �� i� ii r•,�i i�l. N.�� i 1�,.: I i, i i ;nl• ,•,ku::�, �a d �!'c ht , il:, i,i. i�,i� ..,.; iI .J ..ii�� :iui:i i..�I ,:�� .� of tl�e 1:�IY'�:R'�.i'l`ICl'�AL [�131;LI11 I\5l.h,a\i:E 1.U1[P,3'�1 . Ih�t d�c t�il �.tlxed d,? G,��1 ;:srn:n�:n. i� tl:� [;�r��i.ac�� ti�,,l ��I s.,i� i'�.s�a,+::io.. il�:i i'.i: said C.,r��r,zt� S:a! lriu his s�g��atur,= •aer� culy aifi�:�;E !�y isrc?�_e r;l �te i3uar�{ nt- Di:tcwrs :tt saiJ ;.u:�:nan�. ��1 A �i �}� � � .., NCTr�f�Y � '� I�UC-iLIC �7 ��' J E f'+s�� I?, I f �] I�,if7\'t kl �fi l:E �l . 1 h�1W I r_uri ':i;-. li.in�:l :,lii�� I rie. 4 i��;ri:il ti;:i`. i� ihe C!ty �!� ftie�aark. ,.rG; JL:SG4' illt i7a,r :�na yr::r hr �h:ne tsnt'�_ii. � `� ��. A `��}t,�11•;1 ['l��i,tC.]r,� �:>[� '�1�1� Jlrh�f�1 CEltl ll l(--1 f 1fJ\ ti�J �"i�onau�i5�inn E=3pires '��+. 21. ?I�ll> !_ i:i. un�9�. 3ti i::; �,�ti: _ t �; f`+ I€.lt\ 1 1 31 i1 1l � Ilal:l.l l i 1'+!+l F�:ti`w['� ('(>�l!'Ati1 dn t�ctehv ccrti!'w �1r:�C I ft;rvr 4t�t3i�ttretl tln tr�regnine c��}?q a! tlte P„«�rr �r1 ,�1�I��r�nr� ,tnd :i[��tl:t� at. :��id thi, �ti,a,r t�t tirc Sc�u�.�p� �af tdar i3} S�aµ�ti K�f tia��1 ��.�u�}��iuy :i, sc�s f��ra1� in �aid Pnncs �+f At4c,r��icr�•. ��rsYu rY�ic f)t�tlGSlti!IL5 fJN 1� �!"1dk= 1�6[il�1F frfiFl{`F' i�F SAIII (�C?i4F'.�t;Vl", ,�na6 th�at af�c� sattr. �re �urrec•a tr,rnticr��t+ thrresaf. .�ncl ��t tE�c urh3��,ir u9� rlir sar�l R�ri�iio;�ls, ��a� tkoxt ilrc w.�ri[i �"uwcr �y1� rt[t��rriex� hux n�,t hr�n r�:x�c,�ri�S am! i, �iinc� er� full Mt'�ec�> .in,7 �f�tc��t I\ l f:,`�1]'t1�1'ti'y 1�li11zL:(]1 . l I��c• hen:�i:ini�� ii.rE��; �l+� c�t�Ck �l;�v �,1 t~-�Gi.+rC� � c�r {�l� �w�� . ""�� •jrklsi:i.l5f tic't:fi•[;IG�� Attachment number 2 Page 9 of 16 .��E��t�.�r��..�. (Tc� b� iiil«�i iil an{� ��ut�ti ii� :"�� 1i�i�l�:r ty a cc,��pc�r�:�tic:�i� I �T ��►TE C} F FLC3ItI1] A � C[7L:''�e'�'�r' �)F F�inell?s ) Kurt B. Hinrichs `_ 1?eit�� u�il�• s��ta�€?, t�c^j)c��:s :rtl�? ss��.� lltat 1�� }:�; is --- -- - - ��;i�etai�• c,f Caladesi Ccr�struction Cnmqar.k.__.._......_.___....— - -_._......_...._......_ ................__..........--....._.. —_........_............__..._._.......___...... ...._ a c�?r��ratic��: or�a�liz�d :�ut.�l t�i�tir;r� �ma�r a:::i b�� •ir'l��e c�f the la��s nt� ti�� 1t�3Fi' tr1� I.- [Ti'i4�a. az�cl l��i, iniw its ��-;nci��i! :3tfice �t� � 39Q I�ane�an Raa� 1�argo Pineiia� Fl�rida --..__.._.._�_ ............._.........,........._...._.....`____—..____..._—.........._................___. ----- -- ..�....._........,......... S�t'��t c�: N�i;:ih�;r C.'1�' CC�Liilil' �i:lte f�s��l�iii �'Llf"I;�Ci S��'S t�1aC i]s� 15 tilII11II:I1� ii'Itt� ijl� i'GCC�t-i�5. tl7llYlii� l)OOkS :ll:tj i��'-11�1'S i)t Calade�i Gonstructian C�mpany _ .. _ _.. .. .. .. .... . {i��u:i� c�f C�frpc,� it�c>f�} — ---- -- �'�f±��nt fti��ii:��r s��` s t��ai Canald J. Hinrichs iy Pr�sid�nt 4.t)f�f`�ces�'s �: n�� j _ (`I�itli j ________ -- :i� the wo� �0:':1�1[�il. i5 i�li��' �€I£�ktTi'tl�:{� %C3 �1�� ti �.� i'��c,pc�s.jl t�a�• Caladesi Constructian Campany A-- . _�.....�_.._._. .�� ..��.� � W,�.... _ . _ .. ._....... ��r �t�i�� C�J:�,ar�itiUt7 �t' t'i1T�i; t�' Prvvision pf By Law�s {sl�;t� ti�}r�th�r a�r��isici;� c�t�la}- !a«� or a R�s�:luti��1 �t tl�e F3c��r:� ��i� _ _ _ i]irectc�rs. if by' 1��sc�i.ilinn i,�i�� '�i�� ?1 :_:._it3t�tic�nl. ; _ . —�--=�.: � i — ��_- - _ ` :1f`l':�ili[ ao�-c�rn tc� I�� i:��r: i�i� tl�is'-��`" d�� c,l��.' 1.�i;��..� �, �C11 � ��o41E1� P�i4Atr��d� ' , , , ��!� ��1 F'� � �,y",,�'�i,,�, , - _-- - - - .,ti `�" i ,,r �,� •.' ' }'"''.� ' - �-� - ��'�� l�'�4 a �, + ° '�v�° .�y� _- .�R� ..,.. : � ;t ti — �� i`�7t��'I„ llii 4l ��'19,�i�71'`�'�.G7ici;°�'��° ��y`.� mw � � 4;0 ':�er�'e °�Q,��,"�° . (,r =6ae � _._�` —1 _1 _� . _ _ ° dr, � 4Pr t�9�� . .. .... ...- - I ti��. r�r rtl�il�. �i»�. 4�.rr:il , t7., II �191� ti.:!i�.fEl�' �'3k,L � nl` I� 'i�'."+1�t1 'v()�-+C{)LLi.��if}� :I,F�1D.•��'IT �T.�'1T� C3F FL[]RIU�� CC��;�'I'�� fi�^' Pin�flas ) �Jgnald J Hinric�hs President Attachment number 2 Page 10 of 16 '��in��. :ir�t dt+.l�� st��ori7. �ie�t��e� �i��? :�:i�; t::�i: �� :s ttil� Caladasi Construction Com�anY.._._._. ,._^ � _ _ . __ _ ._ - thL ��•�r��,; n�::ki��T �:f�� cfr-e�_��;i«� }'r�cr�ao5��l .ar i3itI: :l��,s suclA ��:.? iti ;,w�r�uinc 4��u1 i��s� c��liasi�.�e ctir �!:ti.s, ��?�]C �tili� ��l�.�i_��': IS Ii[;i �,"...; i� ,�?�'Y' l:I?Ll'l:'iitCi ]T] (7i' fil�:C:l'�11ti� �lil� l i[�zttf� IIl c�}L15I:�t:'iS 11 �34 Ll'i�Il 'e1i11 C7i�1�1' �,iticls:r ��n �l?e sara� cc�F�tr,�r,:t: that �G�i�l hicici�i� h�is :�t.�t �r,llt;ci�;�i. �:c�i��ir��l, cc�nr.�z��c��. �r ��fr-��a, �irectl�,� L)X iI1GIl��.E��. ISt.�] s.tiA) ��a+,�C�:'T';� e?I" �ii'.f'S�?S3. lll �]ill: ili iY `�1ti671 }"�l� l�i 1��c3f 5lkC�7 111�7�'i ��St7[1 S� ''� .':.'i!'.f�ia �:'Llill hlt�:'li�:_�. ,t;7� I�'i�l� ilC�i Ill �l�]}' I;3e3i1?iLC. L�11'��t��' {1]' JIi4"�;iCCi��', S(?±1��!"=[ �l�" 'EiLi��t71�i'i CTI° it7��Ll�.t?il, (7p �:t�lTll.lLll.ivcl"sil?Il C71" C�]11�i�T';l1LG. �l']i�7 Zi]',' J7t;1'SOP3, �t7 �1� ih4 �7IC! ''}xl::t (i3" �l1fl�€ll c?S' G`I?7�' «�l�ilt w�l+�fi�:.f. �� :i) f14 `dll�' i.�'L:it1C3(�t, �1'()f1I CiI' �L�SI L'�C1l7lTi: L)t Se�il(� L3jC{ ll]"14'�'., C'el" [�:ti7 L}� uli�' C!��I�i �l]:�l�C.'T-, i}!' L(A� �'d:1L11"� �ITlI'` a��°�nt�� a�aii3st t�i� �"it� �f�Cle�rn�-sitzr. Flt�rida. �r an�� pers��n c�r a��r-sc�iay ir�ierest�c� �n tl�� a�.t}scei coi��ract: �:t�d ilra� al� �Latcm��rts �nnr.�in��i in saii3 � �, ;��t�_«�l : Fr bi�_i ��rc trai�: �,a�� ftri;th��. Li�.�t sucf �. �i�icier �ias G��t d�Lec�i;� r�r indir�ctl. suhnzitt4�l t:7is bid_ �,r tlic cUr�t;:r�ts ?fiere�,f: �r �iiti sit�e� inic�,-na°��_tu�n �zr �ata rel�dtlE'� l�].CitC7 'l�� an; .355L�ci��tis�n «r t'c� �t�3�' tt�ertl�7�r ar a��,i:�t th�t�ec�i. ��•at•ra it} :�n+� subscribtci ��:i �re tn� tlYis ��'e�i41�t68P Id _ d�i1 c�I J V �� a��`� °�]��soi�v . ..._ � �� ac>v,�,r. m�s,� °�� v-- .e n�' �,uer c r , f ,. . ,- � • � � , I. , . ., , � ce, r � . , . ,-� � ' I , . .�.3 � ' f 4w4 ' t . . i,. _ � .. . �..... '�C e , '4 �.. � f �-�{ �� s�rL Aur .., a�� •t � � �� P^.� i t, y� r E\ , . '4+. . � � � >>` � �r��+i�9V8�¢ {�44t'+tti�� ti4:L�tiSlr�G� i��1 �l fli IY �i: �� ?�i��.i Attachment number 2 Page 11 of 16 �7�\�/[ '#J?i��a � �i� 7�C1 Tl�i: C`t"]'l' ()F [�I.l�;:i��'10`�lTi:�t4 I� i.[)IZi�).l, t{�r. C()�F(_il�,•�TL• H��,:�GA1�, lt �aT °1'1-1[�� [`LI-�:�Rt'�'.�`I'1:�� .�IF��';�i�la ((l�i-(1(l73-f?i'e � d}ti_I�s� 13-1�I�} �ii�� cloit��;.� st.ch c�tl7er G��.�rl: :tzcac��t�r;€! }:.��tc.�_ aIl itt �c�c�:c+a.��:c: �titl� lli�r �o�;tru;.1 L:oc�:ti�GSlt�. ii.a-Ket! Cf)la3'U[�.��1 1 .C-�,:Ii�f;:��. yX :!'d''1'��d�: [.'I,��,<�ld1i�.'�T"ER :�.I121'.-�ltk. 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FI�I'SC?ll�, C��iT11;�ar1y �7r ��r1.it� int�restc�l 'r:� tiiis P:�z��as��s��l, a��e n�:��i�ci i.� ii�is I'��j��s�r;, tlxt�? I�c l:as �a��ull�• ��amiijc�i ih� l�ICi�'L?rtIJ�I31�:!7i. IilSLI'Lef:llC117S i4L1 ��ll�f�l:1�5. �.C}11�Ci3Ct ��]C;Cl�IC7tlClll`_i. �x�a311�, c`fLi�]��iil;l?�Tifi:li ��:Cfii(:;1tii7I]3. G�ner��l Cc�:l�-iitio�ls_ ��eci�:l �'��c,�i�i�:,z;s, .anr� �'ontract �3=jn�. tltat i�e c>r his rc�z.-F��s�s�ta�i�;�; ��as rnati� s�cl3 ia�� esti�.,�tinr7 �s is �iec�4s�,n• tc, d�4t�r��it�c ti�e c� �..:.:�ter �i:c� ��tt.it c,t� the k�-��rk a��.d �iL }�r�{?��:�ses a�ls� a��r��;s tei��t i:`t�ic �'r�x�7c,s<�! h� acce�te�. f��e ;.'i11 cc;i�traGt ;�•i.i, t�ic City c�f`C`ieEsrt�-�I�1'. L"Z131�:ua. 'sn tl�� i�:�:-�� UA�C�C31lLi<S�t: �1�C:.'Ift �.T111t'�wC�. Il] �7i:10.1�� fii: I.�.t...'_�^.::!F' lil��i. ils'sil�Cl'lii�4, lll:?Ca;lI7:'i':. L:t�llir7ills:iil. il7C�l� �?I- a��;rattix�. dt� t�il t?�e �,tiE�r:� r�quirLd t� ��ii��lete tlie e��z:tr�� ithin �1�� tiiiz� i��s,ti�mus ir_ rl7c �re�:::ra`: C�€�-:i=.ti�3ns aisc� �tct�rdii�� to th� re�1�.�ir�;ll�rits oC tC��. L`itS c�f� (.'le�nr°��t��r, : 1c��r;da, �s l�ei�eiz�t an<d' i�t.��sila�t�:r ��t i�rth. �n�i '.��a-«isli tl:� r::��ui�ec€ ;tirel� bc�n�s �13r thc fc,l�c:��i�l�: ��-ic.s tc �.�it: 5e�licri�l' 1'.0•?� i�l �>! [�l `) ''' _'iii'.I Attachment number 2 Page 12 of 16 r��l1i}c)`.tial�. ;�� I� ti�� :c�re�� :i�; ,'..t��}sa1 tit�a�i k'�� aecepteci hy tl�e Cit�� cst�+C'l��r«_i[�r. �=:c.+��icl;�. t�r��j th-: uc:c1L�.�is�ziva:l ��al! - ;,. ii:ll Tl.t l:k;'t;l,ll� il 51[l�lc1�[C�P"i' �UI:it".iL'l 'c:S SLiltCr:V 111 I�i�: ''�,1' � I.tl:�,c�fiitiTl: �lci'.itl iltiil�ilC:l1. 1�iCCi f�]': t. ltl' ii7�11', at its c?��t:;?n ci�t� �;:if�� tlaat th� u�itii:f'SI,r1lC'.i l��t� �i?�ii�tla�z�:ci tl�� cc��:t�<��t. ��.31� theret;pc�i� t��i5 �ra�,c7sai a}1'cll� �?4: 17liij i:17L� i 1L� Lii _�.,��:i_ .. .[i.'�_i, i!i" �?,3T11� .lC(:il1lS�)ESTi`:111!'. i� I ": �,;� �..',�i�lli r?i: �[)I'��:t�'i� ll) !��a�� !l:� ,�r��>>r,ti .,i' tf�e C'i�� t� C`�e��r��aicr. }��lori,[a. ar=_ci t:►� f��ll �:rz��:izt �,i saiJ cl}e.sk s}l:��l i-:� ? etaiiie� i�. �� t� { i�..� . E�r it lr�c PrL-��nsa! ��na �e �yi� Gri. :itG f.��; �r:ti�«:3nt ,�ii' ��acl� I�rua�d 51�a11 l�� }��.; r, d�hc C'it�� ;:z5 �ti}��l�it�c t�i° liquialat�c datl�a��s: ��tl��:r��-ise. t1-�e bc�r��l c�r e::r�iii�� c,i�c�: r;e��z�.��:,;� t91i.y I':-c�}�USaI, �r :l�e aii:�r:nt t��'s�iid �I,.eck. 4lia11 h� �-�tuf-i�ed to tl�� ursa�ysit �;��? �:s ��ciiiecl 17e��ei3z. .1tt�3c}7��i lle: � tc, is a:��n�! �,r ��i-titi�d c�i:ek nt1 L3c�.�k. tt?r tlic: s�z:zt c}f� ien {1 U} �er�.ent of Rmounr B;d _... ... . _ _...... _ _ —._._ �._ � __ _____� _..._ t �+ i a)�lil� S llnfi;Illlt3ii7 d�1� f��i::�)t �'(111.3':1CtOI'�S t[3ti�� 7IL� tlfi;L�LiIIX). Tl�� 1-L�11 r!c;��s at1c.! �r��i�;�nc:;s ��f'aI� ��:,yc�ns an�i ��E rti�s it�ter°:.s�e�� ri ti�� foi�e��in`� bici ar� �s tti�lln��.°s: (li�t�:rporati��n.. gi��e tl�e names .�r,d acidresses nf ihe Pr�si�I�nt �:�;d �ecr�tar�'. It` liriti nr ��arts��'�hi�. ihc na�ties a�:d �:�idr�sses c�l� th� s.�e��t��rs c�=,� ��artners. Tl:e Ricider :�i�iii9 li � rc�t onis 1�15 ilZi�� but nisc7 tl�c nam� �t a•�� r��:sc�n 1�4"3t�1 ��hant ':,�icider l7a.s ��ny t}��e ra�- v��r�e��ent o��hLz•�h� s�.�cli r�::r��sis i�nprn�;,t��er.ts, eiL�ichzl,�n�, �i�:�ln}'i:i;�nt c�r �;��+ssik�l� i�c�7�lit. �1�I��th�r s:xb-corrtr<rc�c��. m�iter;:�1;�1an. a��es��. su��lll#:?'. t]I' �137�]I(7�'Ci° 1S C�)I]11I1S�tSll llp{lll [�lt' i�R�;'[It'+� ()� E�7t _L)I1lI';;ct �.� tiz4 l�i+.i:fc:; }. h; ��•1I��: r�I�UI��.�'wSLS: Dor�ald J. Hinri�hs 416 Harb�r Vi�w �.a�e Larg�_Flvrida 33771 Kust B. Hinrchs 9 D29 Charles 5treet C#earw+ater, Flnrida ��755 Si�:i��ztur� c,i' Tii�t��r: �� '�_.1 �° i�h�" -- - 9 �— Ccrr�r�rrafi�r� _, ��-y U� (`�'die �-riti��:r �niist �ncii�x�t� u�lie€her C'nr;c�ral:can, �'�rtnF:rshi��, C'c�zZ��ar�;�' ca.- l:uii� i�tu��lj. `��cti�.•e�l' Pu�. 1I c,� I-� 4),V ,illtl Attachment number 2 Page 13 of 16 I'��C31'C75:'#L t3) � �1L �?C''S[7I1 +'.�Illll!� Sllc,;�. ]ll �il� (15171 �14i11C11,1Clllilk?� Slk?:1 Iill:: i3!'lI1Cli7.ilf� 11�[Ilt. �115 �?l`>17 ti';I1ill �i13� i115 [15��. ��1��_� tli:� ��i�sc��7 �i�r�ii��,w fisr � cn��pc,r��tic�i+ i� i7tl��r ,lz�tiii tk�� P��°si�l�rit �� 0'ic�-I'rr,i��t_ 11e :�zii�t. i�z� att:_i�t i�. :,1`�; ��, }�is a�:th��rit�;,,t,- i�i��i t��: ci,a-�c:�ruti�,n. 1'rtt��i;-, �I: _. C��n�id J,H kGF� ,_.._.m�._..._ _, __ �.. _ ; �, � '� ! `J� �,�I ' Titl . �r�sident ��. �' !�'��;i�� I3u�in�:;s :�.c�.�r�s� of I3ic:lci;�r: � 39a D�negan Road C_'itt�:�r��i �ta��: _L.argo, F1ori_d_a_ _ !i}� C:��e 3377_1 y r' "�1� ,I,,r []��:eci at �� , . tii;s y::�_ tlz�� nf �� J�(.� . a.U.. ~t?11 � � ,,; , , tiE�t:usiL' F'.'s�?e I_',,� 1-1 ..il i.:� Attachment number 2 Page 14 of 16 ('I�1'1' �lh� C'Li�;,��'1':�TEI�. :'al7i)I�.;llli;;ll `�ff-II:ET F�It�.I��C:'"�"; E'()Itf'(]�t.�+T�F i-I.�:�C;�i� IC �-�'1.-1`[I�: C'L,L:��t��;i"['l:lt �If��':41�.[i (U�-OtI��-E\ �c U$-1)�]l;i-i��:�i .-�c�;�::�t�l�d�__��t is lzer�b�� t�a�e ok�:lie 4�Ilis��,�:r��! acidLiicic?, rcc�i��d Si:;�;� is�ti��:� iaf i'�c�gas :�:�� `�E7� C? � lt3ilC`175. y ,•�ciciGS��ft��n ti��. � U�it��: 3i0412Q11 :��lcl�t�c'.�ttn 1i'E�. 2 t7,itc:' 3�"[]712011 :�cii��nciu:�� i�`�r. � I)ttlL: _.�'.711.2s7�1--- ,-��tieridtii:} `�o, +� IJ��te: 41Q712Q i i .�'�dcie��,�� i`*ic�. ;�[kd�z�iit��l' �c�. f�Lt�C��I7C�U17] �ri'�. :�t�C�wll{�lliTl �(l. i'tiil�[j�'i},(illIll it0. l�atc: L3ac�: viiT�: 1.��1t�: 1)EriL: .��lci�ttc;ufr lti't�. I7ai�;: ;�lddti�ii�aia-_ �c>. I7at�' Cala�es� Cr�rstructlon C�:ompany _, � _ __. i _.. _ , .__ ............._._..-------...._....__...... �1'`..1z,7,:;�7��9i��t..��: � � � I 1 � � �'; , _ �� , �� .� �, � � � �;�.�f,� ,� r. -� ; � , �_ , � w �`�l�.r��tl�i `t�a �.11i��rl Presid�nt --- ?`I'it�. t�t [.)tiiee�-y�.__ � � ,{ ' �`` fr:� t� �tr-i � -��--�l�-�j _�1, l. ��.i�L J � 0 'i�:i;U[5i' �';l`�� j± a�l 1-� ty._"` yl;lll Attachment number 2 Page 15 of 16 . � � ■ � � � . _�• _ +- -- . . � � � � �� '` �` !_ .;� _ �_'�'� .r��.�. i *-- -�� .��_ • - - ti_..�'� ' 1. 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FiTTINCrS BY �}PEN CUT r1TER. - 16 �SH & iNSTALI.� FIl'tE 7�YT]RAi�i'T � E� $ �,��?�'� � '��' �'r7,d� AS SEMBLY .�� vr��rs�� , r�=�Ta�L s�r��L ea�� .- � 1� � � �$ GD�?�TE�T Tt3 F�IST�IG 8`' SAl`+a�iTr1R� �. �,� � �C.�Cj�D°_° � � ��,°�� S� B'Y aPEt�I CCTT S�,'�TiTA.�Y ��6i� _ �'4�f��T'� �'�i��I1 ._.__.._.�..__..�..__...._____... .,._ - .�_� _ _ .._ . � .�. �.._. .�_. - - - - P' . ..- -- �.1� r •� C . . - , . . . . . �. _. . _ .. �., _ �.. ,- �. ...� .. 4.-....� ....� ....-�. �... v-,. .-_ .., , , ,.... , . ,- . v.__-,_-. , r - Attachment number 2 Page 16 of 16 �3I.� �TT�, �'�� sT. � �� '�'+QTAL FUR�,'I�H � I�STALL 8" L:[�CED� 1]U�'1�LE n� ].9 IR.Ol� PIl'� SAl�Ti"�' �RY SE�VEIt �Ti�?CLUDiNG 14 LF �+'�°��° ��'��°. � �'I7TYNGS �� r�rr��sx �. rnis�r�..� s93 s:u��.�RV � �� a v °: � ��d, �� c7.,�a��r�u�' z� �u�sx � n�sT�,�, ��a �� c�s�r I E,� ��,�� ► Cf]NCR.�TE OILIWAT'ER S�PAI�AT(}R 1 �" STABILIZEI] SUBGRAi3E (1VAN. 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CTCIR: ��DDER°S TCrTA� � i3�D1�EI�'S T[JTAL � THE 131T��ER'S T(3TAL ASC}VE T5 HL� "I`6]T�L SID S�SED� �ll'+� �ISS �T P�C"�S �ND LVMP S�J�VI P�I{CE5 A�TD . T]�IE E�'I'IIVJ�T�D d�i7 �iTI'1�IES RE�UII�.E�I. TH%S F1Gi1� IS �'[3R �F��A'�'it�� O�V"LY AT THE T�i1�iE �QF +fIPEI"�'dG Bil7S. 'Tk�E �.'I�`Y �VILL MA�E '��E TAI3U�TIUlti FRd}l4i T"BE L'1�TIT P�CES � LU1V� �U1VM P�CE �II?. iF' T�E I.� .AN ��U�L �T 'I'HE T43T�i.]L �Y '�'� S333IiE�i, YT SH�.i� $E �H�GED A,� UrV"LY THE �3�i]T P�tiCEE� ��'�TD �Ul� SU�'I PRI�']E S�I�iLL G�]VEI�, REVI�E£3 4�7f'�Qll.- Financial Project No(s).: (item-seg m ent-ph ase-seQ ue nce) 42068719401 42068719401 Contract No.: AQ663 CFDA Number: n/a � � Attachment number 3 Page 1 of 27 STATE OF FLORIDA DEPARTMENT OF TRANSR�RTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: DPTO Function: 683 Federal No.: n/a FLAIR 088719 Object Code: 750004 Org. Code: 55072020728 725-030-06 PUBIIC TRANSPORTATION 01/11 Page 1 of 14 DUNS No.: 80-939-7102 � Vendor No.: F596000289002 CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of i� by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency ofthe State of Florida, hereinafter referred to as the Department, and City of Clearwater P.O. Box 4748, Clearwater, Florida 33578 hereinafter referred to as Agency. The Department and Agency agree that all ferms of this Agreement will be completed on or before June 30, 2016 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Departmeht has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the departmenYs participation through the aviation program in the construction of multi plane hangars at the ClearwaterAirpark. As required by section 215.971, F. S., this scope is developed to include but not limited to the construction of a 9600 SF multi plane hangar at the Clearwater Airpark, storm water management improvements in various forms, security enhancements, indoor and outdoor motion controlled digital cameras and digital video recorders, and a new apron for air traffic access to the taxiway. The scope also includes design activities by the City of Clearwater engineers, to mirror the design of the existing hangar. and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance fo the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. � � Attachment number 3 ' Page 2 of 27 725-03006 PUBI.IC TRANSPORTATION 01/11 Page 2 of 14 2.00 Accomplishment of the Project 2.10 Generai Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into th is Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions neces'sary with respect to any such matters so requisite. 2.30 Funds of the A gency: The Agency shall initiate and prosecute to completion afl proceedings necessary including federal aid requiremenfs to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other pocuments: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 75,000 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. � 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 60,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A& B) at the time appropriation authority becomes available. 4.20 Front End Fu nding : Front end funding Q is QQ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage � is � is not applicable. If applicable, percent of the Departme,nt's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the DepartmenYs discretion, on or before the completion of the final project audit. . 6.00 Project Budget and Payment Provisions: • Attachment number 3 Page 3 of 27 725-03606 PUBIIC TRANSPORTATION 01/11 Page 3 ot 14 6.10 The Project Budget: A project budget shali be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless othervvise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by DepartmenYs program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon .request any time during the period of the Agreement and for three years after final payment is made. . 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pu�suant to this Agreement and all other funds provided for, accruing io, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit�of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges: 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. Atl checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state fi�ancial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. • � Attachment number 3 Page 4 of 27 725-03Q06 PUBIIC TRANSPORTATION 01/11 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to compiy and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In ihe event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. I n the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor Generat in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. I n connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Fed eral awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part 11 State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. 1 n the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shalf ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipienYs resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. � . Attachment number 3 Page 5 of 27 725-03006 PUBLIC TRANSPORTATION 0�/11 Pege 5 of 14 Part I11 Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation sha�l be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OM B Circular A-133, as revised, and required by Section 7.62 Pa�t I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the �ecipient directly to each of the following: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (�, OMB Circular A-133. 2. In the event that a copy of the reporting package fo� an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OM B Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 11201 N. McKinley Drive, Tampa, Florida 33612 In addition, pu�suant to Section .320 (fl, OMB Circular A-133., as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 • • Attachment number 3 Page 6 of 27 725-030-06 PUBLIC TRANSPORTATION 01111 Page 6 of 14 Copies of financial reporting packages required by Section 7.62 Part il of this Agreement shall be submitted by or on behalf of the recipient directly to each of the foilowing: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 B. The Auditor General's O�ce at the following add�ess: Auditor General's Office Room 401, Pepper Building 'f 11 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 11201 N. McKinley p�ve, Tampa, Fiorida 33612 5. Any reports, management tetter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timefy in accordance with OM B Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (1oc81 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Depa�tment for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was defivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at teast fiva years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at a11 times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounfing records and the project records, together with supporting documents and records, of the contractor and alf subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part af #he audit package to the Department a plan for corrective action to eliminate such audit findings or a statement tfescribing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. • • Attachment number 3 Page 7 of 27 725-030-06 PUBLIC TRANSPORTATION 01/�1 Page 7 of � 4 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In th e event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Depa�tment to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrast�ucture such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Seven Public Transportation Office 11201 N. McKinley Drive, Tampa , FL, 33612 its requisition on a form or forms prescribed by ihe Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereo� to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 lnvoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (p) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (�) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant he�eto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to ihe project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Depa�tment or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." � � Attachment number 3 ' Page 8 of 27 725-030-06 PUBIIC TRANSPORTATION 01/11 Page 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Depa�tment resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Sus pension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of ihe project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and. any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10,00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be su�cient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. � • Attachment number 3 Page 9 of 27 725-03006 PUBLIC TRANSPORTATION 01/11 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, Yo ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take a�rmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, th'e following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the pa�ticular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcoritracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transpo�tation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constifutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regutations of the federal governmenf issued thereunder, and the assurance by the Agency pursuani thereto. • • Attachment number 3 ' Page 10 of 27 725-030-06 PUBLIC TRANSPORTATION 01111 Page 10 d 14 13.50 Prohibited Inte rests: The Agency shall not enter into a contract or arrangement in connection with the project or any property inciuded or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an offlcer, partner, directo�, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direcf or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the pro]ect, wifh any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an o�cer, director or employee of the Agency. The provisions of this subsection shaU not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for ufiiity services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Detegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions; 14.10 Environmental PolEution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part af the Agency, and the making of such payment by the Department while any such breach or default sha11 exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement ts Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Ag�eement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: Sy execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, pe►fiorm any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of fhe Agreement violate any applicable State law, the Agency will at once notify fhe Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. � • Attachment number 3 Page 11 of 27 725-030 O6 PUBLIC TRANSPORTATION 01111 Page i t d 14 14.70 Use and Maintenance of Project Facilities and Equipme nt: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipme nt: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportianal amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 ConEractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the pertormance of the Agreement. When the Department receives a notice of claim for damages that maq have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlementnegotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facitities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment. by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. � � Attachment number 3 ' Page 12 of 27 725-030-06 PUBLIC TRANSPORTATION 01/11 Page 12 d 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shafl require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 ExpiraEion of Agreement: The Agency agrees to complete the project on or before June 30, 2016 . If the Agency does not complete the project within this time period, this Agreeme�t will expire unless�an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and subrnit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. � � Attachment number 3 Page 13 of 27 725-030-06 PUBLIC TRANSPORTATION 01/11 Page 13 d 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S, will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendo� preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Depa�tment. The Vendor Ombudsman may be contacted at (850) 413-5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entiiy, may not submit a bid on a contract with a public entity for the construction or repai� of a public building or public work, may not submit bids on leases of real p�operty to a public entity, may not be awarded or pertorm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repai� of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform worlc as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verify: The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department. � � Attachment number 3 ' Page 14 of 27 725-036U6 PUBLIC TRANSPORTATION 01/11 Page 14 d 14 Financial Project No(s).42068719401 42068719401 Contract No. AQ663 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presenis be executed, the day and year first above written. AGENCY City of Cleanwater AGENCY NAME SIGNATORY (PRINTED OR TYPEO) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Compt�oller �I41 t LEG REVIEW DEPARTMENT OF NSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE � • Attachment number 3 Page 15 of 27 FINANCIAL PROJECT N0.:420687-1-94-01 CONTRACT NO.: AQ663 DATE: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Clearwater, P.O. Box 4748, Clearwater, Florida 33578 Referenced by the above Financial Project Number. PROJECT LOCATION: Clearwater, Pinellas County PROJECT DESCRIPTION: To provide for the Department's participation through the aviation program in the design and construction of hangars at the Clearwater Air Park. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification nutnber, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: As required by section 215.971, F.S., the department will authorize payment based upon periodic pay requests listing all work in-place that has been approved by the recipient's project manager as meeting established standards of design or construction, as of the payment request date. A cumulative project status update report sha11 be loaded into JACIP or delivered to the department; once this is approved a pay request may be submitted to the department. The pay requests shall be delivered by the agreement recipient along with any supporting documents to the department. Upon completion of the work, execution of the final change order, and submittal of all required project completion documentation the final payment will be approved and the contract will be closed. u � Attachment number 3 Page 16 of 27 FINANCIAL PROJECN0.:420687-1-94-01 • CONTRACT NO.:AQ663 DATE: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Clearwater, P.O. Box 4748, Clearwater, Florida 33578 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In-Kind Cash Other $75,000 $75,000 ( %) or $ ( 20 %) ( %) ( %) $ 15,000 $ $ Maximum Department Participation, Primary (DS)(DDR)(DIIvn(PORT) ( 80 %) or $ 60,000 Federal Reimbursable (Di�(FRA)(DFTA) ( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $ 75,000 Attachment number 3 Page 17 of 27 � STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Pagetof9 FINANCIAL PROJECT NO.: 420687-1-94-01 (AQ663) EFFECTIVE DATE: A. General 1. The assurances herein shail form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively refe�red to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project BudgeY', as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airpo�t Revenue so long as the property is used as a public airpo�t. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- compliance and any corrective action by the Agency to remedy the failure: 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Depa�tment policies, guidelines, and requirements, including but not limited to the following: a: Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities � Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) • Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports • STATE OF FLORIDA OEPARTMENT OF TRANSPORT�N EXHIBIT "C" AVIATION PROGRAM ASSURANCES • Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps to Buiiding a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Maste�^Planning • Guidelines for Plan Development Attachment number 3 Page 18 of 27 �2s-oaa� s AVIATION OGC - 03109 Page 2 of 9 2. Construction Certification: The Agency he�eby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • �ocal Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Stre�ts and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traific Control Devices • Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" • Standard Specifications for Construction of General Aviation Airpo�ts 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition; ihat it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects � b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION • EXHIBIT "C" AVIATION PROGRAM ASSURANCES Attachment number 3 Page 19 of 27 �ss-oaa�s AVIATION OGC - 03/09 Page 3 ot 9 1. Legai Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal autho�ity to enter into this Agreement and commit to this project; that a resolution, motion, or simila� action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, incfuding assurances contained therein, and directing and authorizing the person identified as the official �epresentative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good titte, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. . 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to pertorm any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner accepfable to the Department, any outstanding rights or claims of right of others which would intertere with such performance by the Agency. b. If an ar�angement is made for management and ope�ation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will wo�k in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instcument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it wilt take appropriate action necessary to ensure local government • • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXHIBIT "C" AVIATION PROGRAM ASSURANCES Attachment number 3 � Page 20 of 27 725-040-15 AVIATION OGC - 03/09 Page 4 019 adoption of an airport zoning ordinance or interlocai agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that wouid adversely affect the cu�rent or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned futu�e land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airpo�t Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airpo►t property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost-feasible flnancial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. {2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the � STATE OF FLORIOA DEPARTMENT OF TFL4NSPORTATIO� • EXHIBIT "C" AVIATION PROGRAM ASSURANCES Attachment number 3 Page 21 of 27 �2s-oaau AVIATION OGC - 03/O�J Page 5 of 9 owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures #hat property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D11a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on �easonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. • (1) The sponsor may establish such reasonable, ar�d not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project wil) be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public- use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would intertere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airpo�t for non-aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility • � STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXHIBIT "C" AViATION PROGRAM ASSURANCES Attachment number 3 ' Page 22 of 27 725-040.15 AVIATION OGC - 03/09 Paga 6 of 9 a. The Agency assures it wiil take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action thaf renders the airport ineligible for federal funding. b. Ineligibility for federal funding af airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it wili begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may atlow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground senrices, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow gene�al easement or public access to any portion of the airtield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or othenr✓ise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It wi{I not sell, lease, encumber, terminate, waive, or otherwise t�ansfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, withou# prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any pa� of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Departmen# with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material avai(able far pubfic review, unless exempt from public disclosure. (1) Information related to airpo�t security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No materiai prepared under this Agreement shall be subject to copyright in the United States or any other country. • STATE OF FIORIDA DEPARTMENT Of TRANSPORTATION • EXHIBIT "C" AVIATION PROGRAM ASSURANCES Attachment number 3 Page 23 of 27 �zs-0aau AVIATION OGC - 03/09 Page 7 of 9 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airpo�t Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the D�pa�tment airport master planning guidebook, including: (1) P�ovide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: � a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third pa�ty. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following �equirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are �eceived for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. . STATE OF FLORIDA DEPARTMENT OF TRANSPORTAi10N EXHIBIT "C" AVlATION PROGRAM ASSURANCES Attachment number 3 ` Page 24 of 27 �zs-0aa�s ' AVIATION OGC - 03/09 Page 8 of 9 d. New Airport: if this project involves the purchase of real property for the development of a new airport, the Agency assures that it wili: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airpo�t Master Plan within two years of land purchase. (3) Complete airport construc#ion for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airpo�t development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronauticai purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of fand under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real prope�ty acquired with Department funds shall be at fair market value as determined by appraisal, and the contrac# for sale must be approved in advance by the Department. (d) If any portion of ihe proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shafl include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assu�es that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor sefection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed constructian corriplies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be develaped in accordance with sound engineering and design principles, and with generally accepted professional standards. � STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION • EXHIBIT "C" AVIATION PROGRAM ASSURANCES Attachment number 3 Page 25 of 27 �zs-oaai s AVIATION OGC - 03/09 Page 9 of 9 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section 62 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting �equirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Departmeht, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. • � Attachment number 3 Page 26 of 27 Exhibit D 725-030D6 PUBIIC TRANSPORTATION 01/11 �r,inu o FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same i�formation for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: •(e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) � (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agencv Compliance Requirements 1. 2. 3. STATE RESOURCES State Agencv FDOT Co�liance Rec�uirements 1. 2. 3. Catalog of Federal Domestic Assistance (Number & Title) Cataloq of State Financial Assistance (Number & Title) 55004 Matchinp Resources for Federal Programs Federal Aqencv Compliance Requirements 1. 2. 3. Catalog of Federal Domestic Assistance (Number & Titlel Amount Amount 60,000 Amount NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. ' � • Attachment number 3 Page 27 of 27 Clark, Raymond From: Sent: To: Subject: The job FI989WMR Wednesday, January 26, 2011 3:41 PM Clark, Raymond FUNDS APPROVAUREVIEWED FOR CONTRACT AQ663 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQ663 Contract Type: AG Method of Procurement: G Vendor Name: CLEARWATER, CITY Vendor ID: VF596000289002 Beginning date of this Agmt: 01/28/11 Ending date of this Agmt: 06/30/16 Contract Total/Budgetary Ceiling: ct = $60,000.00 ************************************************************************ Description: hangar development � *****************************************************************�**�x*** ORG-CODE *EO *OBJECT *AMOUNT *FIN PRO�ECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(65)/STATUS **************************************x�********************************* Action: ORIGINAL Funds have been: APPROVED 55 072020728 *PT *750004 * 60000.00 *42068719411 *683 * 2011 *55100190 *088719/11 0001 *00 * *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 60,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 01/26/2011 0 1 ':il.!•.II f I�..�.f�,�� .;..:..;�I�.i1Jl�lli':.:F i N-[+::i;•:.I,IIDFJ PUBLIC TftAI�SPC}RTATl43N SUPPLEM�NTAL ,�OINT P�,RZ'ICGPATIQIV AGI�EEM�NT hl�rn�k�er 3 Attachment number 4 Page 1 of 6 r:�-03l}!.!i r��,��rs rr:,'.r;sF�c�•:ri,ytard flSii 1 N2�E-, �,�r Fina��cia! Praject �E�. Fu�d C�PT� -- — FLAIR Calegory: q8£�71� 4'14342194�7 Fur��G�an �$� C}bjecf �Code: T5(iO4 f,R�ern-segrnenS-p ase-sequence Federa9 hJ�. � n!a C}rg. Code: 55i}72�207�8 Gontract N�.: AOLl6i1 DUhiS �lo.. ��7-�°9-71C�s Vendor h�o. F5elE17C102£39D02 s�.dial�g of ��der�l �c�mestic Assistance N�rn-i�?er: «�� Cutalog af Staie Firaur,c�al Assistancr PJui1i:��r `�'�� TFlIS AGR�'�M�fJT, rnade �nd entered irrto this day af by and �etween the STATC Q� FLbR 1[7A D�PARTMEtVT C)F TRANS�ORTATi01�, an agency of the Sfat� vf Fltarida, t�ereina�er referred to as the []epartm�nt, and City of Clearwater P.C}. Box �74$, C6earw�ter, Florida 34&'i8-4748 hereina�ter referred tc� as Ageney. WITfJESSETH: WH�R�AS, the Depart�rrer�t and the Agency here#ofare on the i5th �ay �f Rpr�! ,2�C�8 eretered inf� � Joint ParticipatiQn Agreer��nt; and V'VF�EREAS, tl�e Ager�cy desir�s to accom�alish ce�ain �roject iterns as outiinecJ ir� the At#achm�nt "A" appe�d�d herefa; ar�d WHEREF:S, tl�e aepartment desires to pa�ticipate in �iG eilgible iten7s for this prsj�ct as ouklineci 6n Attachment '"A'" for a totaP Department Share c�f ��D5,�431 00 hlCiW, THEREF(�f�� Tk-I!S INaENTURE WITNESSETH: that for and in consid�ration of the mutuai bEnefats i� flaw f�am eaGh #o the offi�er, #he parties heretfl agree that th� �bow� descrii��d Joint Participation Agreement is fa �e amended and suppl�m�nted as follows: 9.QQ Proj�ct Qescriptinn: The prajeetd��crsptian is an�entied to pravid� fc�r the Qepa�rrsent's p�r�i�ipatian thrvugh the aviaitan program for tl�e design and cvnstroaction of a multi pEan� hangar ar,d apron area at the Clearwat�r Airpark. As requir�:d by section �� 5.971, F. $., this s��pe is deve9oped to inciude t�ut nof limited to tk�� vnstruciion af a�6a0 SF rnulti pf�ne hangar at the �learwater Airpark, tra incl�id�e sfc�rrn water n�ana�emenf in variaus forrr�s, se�urity enhancen�ents to include indoor and putdaar mation controlled digital carneras recflrding to digital video recorders. This w'rll include new apron for air tra�c to gain aeGess to the taxiway, The s�r�E incfudes the desic�re of t�e har�g�,r !�y City af CB�arwater engineers to be a n�arror ima�� of th� exis#ing hangar that was pui inia place wn 21704. �.�Q �fQf�'Ct GOSt: F'ar�graph 3.Oa of said At�reernent is incre��d by $125,OClD.i34 bringin� the revised total cosf Q# tYre pro��ct t� 5 631,788,0f1 Paragr�ph 4.00 ot said Agream�nt is inereas�d by � �10�7,D(]0 C�Q �ringing the �ep�r#rnent's revised totai cast �rf #he praj�ct tr� � 565,4�9 OQ 3.00 Amende�i Exhibits: Exhihit{s) �€ 4.0(1 Con#rac# Time: Paragr�p� '18.�CJ of s�id Agreement June 5.Of1 �-V�rify: Attachment number 4 Page 2 of 6 r•: lt'-_ II I I'.:,.'rJ::I' ..:I� i..".7ILid'J f71i11 f's9G 2 DI4 of said Agr�etr�en# is atner�dtd by Atfachment "A". 30th ,2016 Th� Agency sh�all uti9ize the U.S C�epa�tment Uf Hom�land Security's �-Verify system, in ac�ordar�ce vuith the terms gpv�rning us� of fhe system, to Confrm the em�l�yment e�ig�bi�ity of; 1. all �ersans employ�d try the Agency during the term of the Corstract t� perform emplayment duties wiihin Flarida; and 2. all p�rsons, inc9uding subcontractors, assigned by fhe .Agency ta perfarm wcark pursuant to fhe cflntr�ct wifh the f�ep�rtment. Attachment number 4 Page 3 of 6 <<:.e�on� F'U6LIC TRhNSF'pRTATVC]�N i71Jt1 Pa�e 3 p! A Flnancial Proiect Nc�. 4�434299dfl1 Con#rac# Na. ��6� Agreement Dat� �xcept as herei�y modified, am�nd�;d ar changed, all Qther terms of said Agr��ment tiated April and any subs�qu�nt supplemen#s shall reirlain in ful� force ano efFect, 2.5th za4� IN WIT��SS VWHEREUF, the parkies her�to have caused th�s� presents ts� k�e executed, the day and y�ar frst �bave written. AGEh�CY City ot Clearwater AGE�ICV MAME SIGNATORY {PR9NTE0 C7R 7YPC�) SlGNT�TURE Tf7l,E F a Q'i �ee att�c#�ed Encumbranc� Farm far date of Funding Approval by Comptro}ler � � ^L''l.r�_f�- .r� � ' � `+ i l L€G .L REV1EIN , - i,7EP.,F2TMENT iJF,T . NSPQRTATl�IV �EPARTh7Eh1F LPF TRANSpOii7AilOhf �coi W Callister, P.E., CRGM Director af 7ranspo�t�fit�n Develapment TITLE Attachment number 4 Page 4 of 6 i �,L,L��: ��:.M';r�.P;?r,�i�t.�r: Q717 1 Aage -0 ol A Finan�ial Prc�ject Na. 41�3d2194�1 �or,fraci Na. AC7UGQ Agreement aa#e , AiTACNMENT "A'� SUPPLEM�fV�Al� JpINT PAR�ICfPATIO�J AGREEf+�EfVi This Attacl�ment iorms an ir�tegral pa�# csf that c�rtain Supp�ement�l Jaint Parti�ipation AgreenZent {�eiween t��e State of �lorida, D�p�rtrrEer�t �r� Transpc�rtafic�rt ar�d City of Clearwater I�.C3. Bax 4748, Clearwat�r, Florida 34618-47�8 date� b�SCRfPTION QF SUP�L�MENT {IncBude Justification for cask change): TY�is suRplerraenta� agr�eement will �ncrease the participatior� c�f the Qepariment by �� C1Cl.0�f7 I. Project Cr�s�: A,s Approv�d As Amended Net ��QG,788.Oi] �63� ,788.CJb �125,�C?f}.0[i Tota� Proje�t Gost �5C16,788.D0 $631,788_flQ �1�5,L1p0.4Q IL Fund As A�proved As Rrnend�d �Jet L7epartn�eni� $445,43"�.40 $505,�131 .00] $1 f]O,CYQQ.(l0 Ageney. $10 3 ,357.0(] � 126,357.C30 $25,d(JQ.f}C1 so.�� o_oa �a.ao Total Praject Cnst $50B,i88.0Q $fi31,788.fJ0 �125,�]OQ.Q(] �omments Attachment number 4 Page 5 of 6 �z�-aar,�; PLtqUC TRANSPr�F7ATION Oifi1 Addrliona[ f fl�e III. MULTI-YEAR UR C7EFERRED REIMB�JF�SEMEhIT PRi�JECT FUhJQI�VG If a project is a mulii-year ar pr�quali�ed �raject subject tt� �ar�graphs 4.i Q and 17.2Ci of this agreement, funds are prpgramnied in the [7epartr+�e�Ys Work pr�gr�m in the f�llowing '�scaf year(s}: FY FY FY FY FY FY FY FY �� v $0.44 $D.4�} $0.00 �C3.�J0 �(�.QC) $CI.C}4 �f7.�0 �a.aa �o.ao �a.aa FY �Y FY FY FY FY FY FY ��r � SQ.Ofl �O.OQ St�.OQ $fl.00 �D.�b $0.04 �at�_[�(} �a,fl� �c�.�a �o.�o F'rpject yea�rs may be advanced or deferred subj�et to Legisl�five appr4priati�n rar av�ailabi#y of funds. Attachment number 4 Page 6 of 6 ��C�{, �� F71Q��C� Frorn: Sent: "�o: 5ubject: l.�.r��ri�i�,w, ° 1��,r�a��i i I�urs+�2y, Marcf� 1 sa, ?.C111 1 U:�1 AM Clark, Rayrrtic�nd FW. FIJNE}S APPF�QV�411R�VfEV1fED FC)Fi G��I��AC7ADU�C} STATE ClF FL(�RII�A []EPAR7f�1ENT' �F TRA�JSP(}F�TATIQl� FCJh�DS �,FPRQVAL. Contract �A4U60 Ccrntract Type: AG Ver�dar EV�me: CLEARWAI`ER, CI7Y �F Vendor I1�: VF��f�C�fl02$960� Beginnir�g date o� this A�r�t: C�4125/@8 Ending date of this Agmt: 06/3�/12 d�ethad af Procurement: G �k*�K#��1��k��kY'��k�F�'�kyk�?K+k#�k�k'3k#-�k��k#�xk��Y��k�#ak*#�k#�k�F?kx'�kW��*�ok*�c%�:k�k#�k-Y-�k=Y-=k=k7k�c�t�*,}'��. Descr�.pti.on : F2EFUR8ISH ExIST�TNG HAi�GARS � ANL7 p *��:�x:*��*��**��*��rt�k�.�r�.**��*��*:***��*�m��x:«��*�*��*w�r:� QRG-CODE *�[� *C167ECT *AMfJUNT *FTN PR�]ECT *FC7 �`CFbA �FISCAL YEAR) *$IJDGE� ENTITY *CA7EGC]RYI�AT Y�AR AMENC7MEi�T ID *SEf�. *l�S�R ASSTGiV[D I❑ �`ENC LINE(55)/STATUS �k�i'�k�+��t'x-#�k�k��k%��k?k!k}F�k��7k�F*?k*`k�k#7k#�k�3k�t��#?F+�i*?<�'�*rK�k�l+�:�k�k**�#�i::�k�r,c��K��kk��3icrK*3k*ak�k�kak3k Actiar7: SUPPLCMEN7 Funds have been: APPROVEp 55 �7�f�2072�? *PT *75�3�0� * 1�00Q0,�0 *41434�C19401 *6$3 * 2011 *SS10010�d *0887�9/11 �0�1 *�0 '' 1 *0003/�74 T7TAL A�hC14JIVT: *�, 106,'0@a.0� * FUhi[�5 AP�R�]VEQj��VIE�rJCQ FQi� RClBIf� M. hAI��3VE, CPA, CONi�T��LLE�v °-- a�,Tr: e3J�e12e�.� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:6/2/2011 Cover Memo