06/14/2011City Council Agenda Location: Council Chambers -City Hall Date: 6/14/2011-6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state
your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard
regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak,
up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to
thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City
of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations
at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2.
Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Civic Award to Officer Sergio Fidelis Attachments 4.2 World Refugee Day Proclamation Attachments 4.3 SPC Public Policy -Jeffery
Kronschnabl Attachments 4.4 "Let's Move" Proclamation Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 2, 2011 City Council Meeting as submitted in written summation
by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings -Not before 6:00 PM 7. Administrative Public Hearings -Presentation of issues by City
staff -Statement of case by applicant or representative (5 min.) -Council questions -Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others
that have waived their time) -Council questions -Final rebuttal by applicant or representative (5 min.)
-Council disposition 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium Density Residential (MDR)
District for 345 and 347 Elizabeth Avenue (consisting of North 45 feet of South 510 feet of East 120 feet of West 980 of Southwest ¼ of Northeast ¼ less 30 feet road on East in section
17, Township 29 South, Range 16 East); and pass Ordinances 8261-11, 8262-11and 8263-11 on first reading. (ANX2011-04002) Attachments City Manager Reports 8. Other Items on City Manager
Reports 8.1 Amend the City’s fiscal year 2010/11 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 8265-11 and 8267-11 on first reading. Attachments 8.2 Reappoint
Rick G. Stucker to a four-year term as a trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. Attachments 8.3
Approve a contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater, FL for an amount not to exceed $200,000 for the purchase of Low Sulfur Diesel Fuel for off-road equipment
and emergency generators as per the City of Clearwater RFP 17-09 during the contract period July 1, 2011 through June 30, 2013 and authorize the appropriate officials to execute same.
Attachments 8.4 Approve the first amendment to the Alligator Creek Watershed Management Plan’s Cooperative funding agreement with the Southwest Water Management District in the amount
of $250,000; a Supplemental Work Order to Jones Edmunds, Engineer of Record (EOR) in the amount of $666,607 and authorize the appropriate officials to execute same. Attachments 8.5 Approve
Architect of Record Contracts with Fowler Associates Architects, Harvard Jolly Architecture, Klar and Klar Architects, Long and Associates, Plisko Architecture and Wannenacher Jensen
Architects for a period of three years commencing July 26, 2011 and authorize the appropriate officials to execute same. Attachments 8.6 Award contracts (purchase orders) to Siemens
Industry Inc., of Tampa, FL, in the amount of $9,861,759.00, for design, construction, inspection and construction management for the Public Utilities Performance Based Contract Project
(City Project 08-0048-UT); $231,707.00 for Performance Assurance Services Program during the term of the main contract; $2,909,619.00 for Maintenance Services Program for a ten-year
period and authorize the appropriate officials to execute same. Attachments 8.7 Award a contract to Young Communication Co., Inc of Melbourne, FL in the amount of $1,160,489.00 for construction
of the Skycrest Reclaimed Water Expansion (project number 10-0040-UT) and Chautauqua Lake Estates Reclaimed Water (Project number 10-0041-UT), which is the lowest responsible bid received
in accordance with the plans and specifications for these projects; approve a supplemental work order to URS Corp in the amount of $18,129.00 to provide engineering services during construction
for these projects; and authorize the appropriate officials to execute same. Attachments 8.8 Approve a work order to Tetra Tech, Inc. of Tampa, FL in the amount of $139,800.00 for engineering
services associated with the Water Treatment Plant 3 Arsenic Treatment System Project (11-00xx-UT), and authorize the appropriate officials to execute same. Attachments 8.9 Support the
Florida Department of Environmental Protection’s petition to U.S. Environmental Protection
Agency to rescind Numeric Nutrient Criteria in Florida and adopt Resolution 11-16. Attachments 8.10 Provide direction regarding short-term rentals in the High Density Residential (HDR)
zoning district. Attachments 8.11 Award a contract to Pillar Construction Group, LLC of Clermont, Florida, Bid 08-0020-PR, for the sum of $654,298.70 (including Alternates 3 and 4 and
10% contingency), for renovations of the North Greenwood Recreation and Aquatics Center and North Greenwood Library, to be funded from CIP 315-93621, and authorize the appropriate officials
to execute same. Attachments 8.12 Appoint Daryl W. Schuster to the Sister Cities Advisory Board, as the Clearwater Sister Cities, Inc. representative, with term to expire December 31,
2015. Attachments 8.13 Approve a Contract For Purchase of Real Property between The Times Publishing Company, a Florida Corporation, St. Petersburg, Florida and the City of Clearwater
(City), for the City to purchase real property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8, plus the East 27 feet of lots 3
and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as recorded in Plat Book 1, Page 70,
Public Records of Pinellas County, for the sum of $2,200,000; authorize the appropriate officials to execute same, together with all documentation required to effect closing; approve
the appropriation of $2,500,000 from Penny for Pinellas funds for subject property acquisition, closing and site demolition expenses; and approve the terms and conditions of the related
temporary occupancy lease between the City and The Times Publishing Company, and authorize the appropriate officials to execute same. Attachments 8.14 Approve a Contract For Purchase
of Real Property between Court Street Enterprises, Inc., a Florida Corporation, and the City of Clearwater for the City to purchase from Court Street Enterprises, Inc., real property
described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of $525,000
and authorize the appropriate officials to execute same, together with all documentation required to effect closing; approve the appropriation of $575,000 from Penny for Pinellas funds
for subject property acquisition, closing and site demolition expenses; and approve the terms and conditions of the related temporary occupancy lease between the City and David Allbritton,
and authorize the appropriate officials to execute same. Attachments Miscellaneous Reports and Items 9. Other Council Action 9.1 Update on County Digital Billboard Ordinance – Councilmember
Bill Jonson Attachments 9.2 Election Date -Mayor Hibbard Attachments 10. Closing Comments by Mayor 11. Adjourn
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Civic Award to Officer Sergio Fidelis SUMMARY: Review Approval: Cover Memo Item # 1
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: World Refugee Day Proclamation SUMMARY: Review Approval: Cover Memo Item # 2
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: SPC Public Policy -Jeffery Kronschnabl SUMMARY: Review Approval: Cover Memo Item # 3
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: "Let's Move" Proclamation SUMMARY: Review Approval: Cover Memo Item # 4
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve the minutes of the June 2, 2011 City Council Meeting as submitted in written summation
by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5
Attachment number 1 Page 1 of 4 Item # 5
Attachment number 1 Page 2 of 4 Item # 5
Attachment number 1 Page 3 of 4 Item # 5
Attachment number 1 Page 4 of 4 Item # 5
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and
Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 345 and 347 Elizabeth Avenue (consisting of North 45 feet of South 510 feet of East 120 feet of West
980 of Southwest ¼ of Northeast ¼ less 30 feet road on East in section 17, Township 29 South, Range 16 East); and pass Ordinances 8261-11, 8262-11and 8263-11 on first reading. (ANX2011-04002)
SUMMARY: This voluntary annexation petition involves a 0.125-acre property consisting of one parcel of land occupied by an attached dwelling (duplex). It is located on the east side
of Elizabeth Avenue approximately 405 feet north of Gulf-to-Bay Boulevard. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from
the City. The Planning and Development Department is requesting that the 0.032-acres of abutting Elizabeth Avenue right-of-way not currently within the city limits also be annexed. The
property is contiguous to existing city boundaries to the north, south, east and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential
Urban (RU) and a zoning category of Medium Density Residential (MDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions
of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Elizabeth
Avenue right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection
of solid waste will be provided by the City 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 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 of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City
of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and
expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed RU Future Land Use Plan category is consistent with
the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned
to the property is the Medium Density Residential (MDR) Cover Memo Item # 6
District. The use of the subject property is consistent with the uses allowed in the District; however, it is nonconforming with regard to density and minimum lot dimension requirements.
The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous
to existing city boundaries to the north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Office of Management
and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Location Map.doc [ PROJECT SITE -Not to Scale--Not a
Survey-LOCATION MAP Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres) 0.032 Land Use Zoning PIN: 17-29-16-00000-130-2500
From : To: RU A-E RU MDR Atlas Page: 291B Attachment number 1 Page 1 of 7 Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Aerial Photograph.doc DAVID AVE GULF-TO-BAY BLVD ELIZABETH
AVE GULF-TO-BAY BLVD -Not to Scale--Not a Survey-AERIAL PHOTOGRAPH Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres)
0.032 Land Use Zoning PIN: 17-29-16-00000-130-2500 From : To: RU A-E RU MDR Atlas Page: 291B Attachment number 1 Page 2 of 7 Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Proposed Annexation Map.doc 1234567 8910 11 12 13 14
15 16 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 14/03 13/35 13/34 13/14 13/15 13/17 13/18 13/20 13/22 13/24 13/27 13/28 13/30 13/13 13/16 13/21 13/19 13/32 13/33 1.38 11.74
13/31 13/091 13/25 13/23 13/09 1.03 13/2601 13/29 5.49 13/121 13/241 251.42 64 234.18 126 49.13 47.2 1269(S) 350 225 100 75 75 125 125 210 210 100 150 150 70 60 120120 135 135 70 65
45 145 145 70 50 70 70 67.97 101.3 100 100 150 150 70 135 70 70 70 150 75 100 200 1046.15 745(S) 105.8 612.61 126 200 225 1141.38 70 460 50 PARK WOOD MOBILE HO GLEN-ELLEN TRAILER PK
DEED DISCREPANCY DAVID AVENUE ELIZABETH AVE 4 GULF TO BAY CROSS BLVD BL 16 15 14 13 12 11 10 9 (C) A C (C) A C (C) A C (C) A C (C) 205 220 400 325 300 413 316 205 407 208 312 313 216
321 401 301 324 197 221 212 210 206 309 204 317 213 404 212 217 193 308 332 208 305 328304 209 213 320 317 2871 2854 2855 2881 2898 2838 2882 2815 2820 2905 2810 DAVID AVE GULF -TO-BAY
BLVD GULF-T O-BAY BL VD 209 201 300 407 385 216 345 204 405 380 300 217 336 214 391 155 347 208 334 321 2 2892 2862 2870 2868 2817 -Not to Scale--Not a Survey-PROPOSED ANNEXATION MAP
Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres) 0.032 Land Use Zoning PIN: 17-29-16-00000-130-2500 From : To: RU
A-E RU MDR Atlas Page: 291B Attachment number 1 Page 3 of 7 Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Future Land Use Map.doc RLM CG RM CG I RU RU RU CG CG
ROAD RM RH DAVID AVE ELIZABETH AVE GU LF-T O-BAY BL VD GULF-T O-BAY BL VD 201 300 220 400 325 413 316 205 407 208 312 313 216 321 401 301 407 324 197385 221 212 210 204 206 309 204 317
213 380 300 212 217 217 193 336 214 308 332 391 208 155 328 208 304 209 213 320 2892 2871 2854 2862 2870 2855 2868 2898 2838 2882 2815 2820 2905 2817 205 300 209 216 345 405 404 305
347 334 321 3172 2881 2810 -Not to Scale--Not a Survey-FUTURE LAND USE MAP Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres)
0.032 Land Use Zoning PIN: 17-29-16-00000-130-2500 From : To: RU A-E RU MDR Atlas Page: 291B RU Attachment number 1 Page 4 of 7 Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Zoning Map.doc DAVID AVE ELIZABETH AVE GU LF-T O-BAY
BL VD GULF-T O-BAY BL VD C MHP I MDR LMDR O LMDR HDR MDR 205 209 201 300 220 400 325 300 413 316 205 407 208 312 313 216 321 401 301 407 324 197385 221 212 210 204 405 206 204 317 213
380 404 300 212 217 217 336 214 332 391 208 305 155 328 208 304 209 213 334 320 321 2892 2871 2854 2862 2870 2855 2868 2881 2898 2882 2815 2820 2817 2810 216 345 309 193 308 347 3172
2838 2905 -Not to Scale--Not a Survey-ZONING MAP Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres) 0.032 Land Use Zoning
PIN: 17-29-16-00000-130-2500 From : To: RU A-E RU MDR Atlas Page: 291B MDR Attachment number 1 Page 5 of 7 Item # 6
S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-04002 -345 and 347 Elizabeth Avenue -Johnson\Maps\ANX2011-04002 Existing Surrounding Uses.doc 1234567 8910 11 12 13 14
15 16 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 14/03 13/35 13/34 13/14 13/15 13/17 13/18 13/20 13/22 13/24 13/27 13/28 13/30 13/13 13/16 13/21 13/19 13/32 13/33 1.38 11.74
13/31 13/091 13/25 13/23 13/09 1.03 13/2601 13/29 5.49 13/121 13/241 251.42 64 234.18 126 49.13 47.2 1269(S) 350 225 100 75 75 125 125 210 210 100 150 150 70 60 120120 135 135 70 65
45 145 145 70 50 70 70 67.97 101.3 100 100 150 150 70 135 70 70 70 150 75 100 200 1046.15 745(S) 105.8 612.61 126 200 225 1141.38 70 460 50 PARK WOOD MOBILE HO GLEN-ELLEN TRAILER PK
DEED DISCREPANCY DAVID AVENUE ELIZABETH AVE 4 GULF TO BAY CROSS BLVD BL 16 15 14 13 12 11 10 9 (C) A C (C) A C (C) A C (C) A C (C) 205 220 400 325 300 413 316 205 407 208 312 313 216
321 401 301 324 197 221 212 210 206 309 204 317 213 404 212 217 193 308 332 208 305 328304 209 213 320 317 2871 2854 2855 2881 2898 2838 2882 2815 2820 2905 2810 DAVID AVE GULF -TO-BAY
BLVD GULF-T O-BAY BL VD 209 201 300 407 385 216 345 204 405 380 300 217 336 214 391 155 347 208 334 321 2 2892 2862 2870 2868 2817 -Not to Scale--Not a Survey-EXISTING SURROUNDING USES
MAP Owner: Renee Johnson Case: ANX2011-04002 Site: 345 & 347 Elizabeth Avenue Property Size (Acres): 0.125 R.O.W.(Acres) 0.032 Land Use Zoning PIN: 17-29-16-00000-130-2500 From : To:
RU A-E RU MDR Atlas Page: 291B Mobile Home Park RV Sales Place of Worship Mobile Home Park Place of Retail Sales Office Resturaunt Retail Sales Worship Resturaunt Auto Garage Gas Station
Vacant Office Bar Vehicle Service Duplex Single Family Residential Single Family Residential Attachment number 1 Page 6 of 7 Item # 6
ANX2011-04002 Johnson, Renee 345 & 347 Elizabeth Avenue View looking east at the subject property, 345 & 337 Elizabeth Avenue South of the subject property North of the subject property
Across street, to the west of the subject property View looking northerly along Elizabeth Avenue View looking southerly along Elizabeth Avenue Attachment number 1 Page 7 of 7 Item #
6
Ordinance No. 8261 -11 ORDINANCE NO. 8261-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING 0.125 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE APPROXIMATELY
405 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF THE NORTH 45 FEET OF SOUTH 510 FEET OF EAST 120 FEET OF WEST 980 OF SOUTHWEST ¼ OF NORTHEAST ¼ LESS 30 FEET ROAD ON EAST, WHOSE
POST OFFICE ADDRESS IS 345 & 347 ELIZABETH AVENUE, TOGETHER WITH ABUTTING RIGHT-OF-WAY, 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: North 45 feet of South 510 feet of East 120 Feet of West 980 of Southwest ¼ of Northeast ¼ less 30 Feet Road on East, and as further
described in O.R. Book 10745, Page 2633, Official Records of Pinellas County, Florida, together with abutting right-of-way. (ANX2011-04002) 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. Attachment number 2 Page 1 of 2 Item # 6
Ordinance No. 8261 -11 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________
_______ ____________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 2 of 2 Item # 6
Ordinance No. 8262-11 ORDINANCE NO. 8262-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE
THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE APPROXIMATELY 405 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF THE NORTH 45 FEET OF SOUTH 510
FEET OF EAST 120 FEET OF WEST 980 OF SOUTHWEST ¼ OF NORTHEAST ¼ LESS 30 FEET ROAD ON EAST, WHOSE POST OFFICE ADDRESS IS 345 & 347 ELIZABETH AVENUE, TOGETHER WITH ABUTTING RIGHT-OF-WAY,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land
use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category North 45 feet of South 510 feet Residential Urban
(RU) Of East 120 feet of West 980 of Southwest ¼ of Northeast ¼ Less 30 feet Road on East, and As further described in O.R. Book 10745, page 2633, Official Records Of Pinellas County,
Florida, together with abutting right-of-way. (ANX2011-04002) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Council does hereby certify
that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption
of Ordinance No. 8261-11. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 3 Page 1 of 2 Item # 6
Ordinance No. 8262-11 __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie
Call Assistant City Attorney City Clerk Attachment number 3 Page 2 of 2 Item # 6
Ordinance No. 8263-10 ORDINANCE NO. 8263-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST
SIDE OF ELIZABETH AVENUE APPROXIMATELY 405 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF THE NORTH 45 FEET OF SOUTH 510 FEET OF EAST 120 FEET OF WEST 980 OF SOUTHWEST ¼ OF NORTHEAST
¼ LESS 30 FEET ROAD ON EAST, WHOSE POST OFFICE ADDRESS IS 345 & 347 ELIZABETH AVENUE, TOGETHER WITH ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY
RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property
located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning
District North 45 feet of South 510 feet Medium Density Of East 120 feet of West 980 of Residential (MDR) Southwest ¼ of Northeast ¼ less 30 feet Road on East, and as further Described
in O.R. Book 10745, Page 2633, Official Records of Pinellas County, Florida. together with abutting right-of-way. (ANX2011-04002) The map or maps attached as Exhibit(s) are hereby incorporated
by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect
immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8261-11. Attachment number 4 Page 1 of 2 Item # 6
Ordinance No. 8263-10 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank
V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment
number 4 Page 2 of 2 Item # 6
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Amend the City’s fiscal year 2010/11 Operating and Capital Improvement Budgets at mid-year
and pass Ordinances 8265-11 and 8267-11 on first reading. SUMMARY: The fiscal year 2010/2011 Operating and Capital Improvement Budgets were adopted in September 2010 by Ordinances 8216-10
and 8217-10. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation
of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outline the issues
at mid-year that require amendment. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7
Mid Year Budget Review Fiscal 2010-11 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review -Amended City Manager's Annual Budget Report DATE: June 3, 2011 Attached is the Mid Year Budget
Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2010 through March, 2011) in this fiscal year. The report comments on major
variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase
of $1,094,626. The major reason for the overall General Fund expenditure increase is the net appropriation of General Fund retained earnings of $731,826 at mid year which includes the
following: $1,000,000 for the Clearwater Pass Maintenance Dredging project which was previously approved by Council; $96,500 for the retirement payouts of the former City Clerk and Assistant
Library Director, both of which were long term employees; offset by revenue increases greater than expenditures totaling $9,300; as well as transfers in from closed capital projects
totaling $10,612.30, and closed special program projects totaling $344,761.44. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General
Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of
the year-end 2010 books, and the allocation of reserves noted above, estimated General Fund reserves at midyear are approximately $19.1 million, or 17.1% of the current year’s General
Fund budget, exceeding our reserve policy by $9.6 million. Significant amendments to other City Operating Funds are noted as follows. Water & Sewer Fund Mid year budget amendments to
the Water and Sewer Fund reflect a revenue increase of $156,633 representing the return of unspent funds from special program project 181-99874, Retirement Incentive Program. Attachment
number 1 Page 1 of 3 Item # 7
Mid Year Budget Review Fiscal 2010-11 City Manager's Transmittal Gas Fund Mid year expenditure amendments reflect a net decrease of $1,429,926 in the Gas fund. This reduction reflects
various increases and decreases to Gas programs, but is primarily due to the reduction in the cost of fuel. Solid Waste Fund Budget amendments to the Solid Waste Fund reflect a net decrease
of $284,750 which is primarily the result of reductions in dump fees due to the reduced amount of refuse hauled. Marine Fund Mid year expenditure amendments in the Marine fund reflect
an increase of $220,000 in cost of goods sold due to the rising cost of fuel. Clearwater Harbor Marina Fund Mid year expenditure amendments in the Clearwater Harbor Marina fund reflect
a net decrease of $94,000. Decreases in both personnel costs and operating expenses are needed to bring expenditures in line with anticipated revenues for the year. Airpark Fund Mid
year expenditure amendments reflect an allocation of Airpark Fund reserves transferring $40,000 to project 315-94854, Multi-Plane Hangars, as approved by the Council in May. Central
Insurance Fund Mid year budget amendments to the Central Insurance Fund reflect a revenue increase of $1,622,925 in transfers in from capital project 315-92275, Downtown Streetscape
Phase II, representing full reimbursement of advanced funds. Capital Improvement Fund Mid Year amendments to the Capital Improvement Fund reflect a net decrease of $429,533. This decrease
is primarily a result of reimbursing $1,622,925 of reserves back to the Central Insurance fund that were advanced to the Downtown Streetscape Phase II project. In addition, major project
increases include the establishment of the Clearwater Pass Maintenance Dredging project in the amount of $1,000,000 with funding from General Fund reserves; an increase to the Multi
Plane Hangars project for $200,000 which includes $160,000 in grant funding from the Florida Department of Transportation and $40,000 in funding from Airpark fund reserves; and an increase
to the Water Pollution Control R&R project for $2,433,819 which is funded with 2009 Water and Sewer Bond proceeds transferred from various water and sewer projects. A list of capital
improvement project budget increases that have been previously approved by Council is summarized on page 19 of this report. Project activity not previously approved by the Council, includes
an increase to the Aging Well Center to record donation revenue and bring the budget in line with cash received. Attachment number 1 Page 2 of 3 Item # 7
Mid Year Budget Review Fiscal 2010-11 City Manager's Transmittal Special Program Fund The Special Program Fund reflects a net budget increase of $581,291 at mid year. Amendments include
the recognition of over $185,000 in grant proceeds supporting the Federal Early Retiree Reinsurance program, Federal Forfeiture Sharing and School Resource Officers. Other significant
amendments reflect more than $625,000 for the special events and sponsorships programs in the last three months, over $177,000 in fines and court proceeds to support public safety programs,
over $167,000 in revenues for police outside duty contractual services, and the return of $572,669 to the originating funds from closed projects. Attachment number 1 Page 3 of 3 Item
# 7
CITY OF CLEARWATER MID YEAR SUMMARY 2010/11 FY 10/11 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance % Adjustment Budget
General Fund: Revenues 111,470,350 113,912,116 64,892,756 64,552,714 (340,042) -1% 1,094,626 1 15,006,742 Expenditures 111,470,350 113,912,116 65,962,791 63,403,497 2,559,294 4% 1,094,626
1 15,006,742 Utility Funds: Water & Sewer Fund Revenues 63,870,330 64,129,612 29,945,606 29,668,560 (277,046) -1% 156,633 6 4,286,245 Expenditures 63,870,330 64,129,612 37,779,121 36,946,143
832,978 2% -6 4,129,612 Stormwater Fund Revenues 15,348,250 15,351,650 7,646,782 7,804,682 157,900 2% 2,489 1 5,354,139 Expenditures 14,496,950 14,500,350 9,646,111 9,262,500 383,611
4% -1 4,500,350 Gas Fund Revenues 40,163,760 40,169,560 21,730,668 21,505,872 (224,796) -1% (815,999) 3 9,353,561 Expenditures 34,886,010 34,891,810 19,652,229 18,607,998 1,044,231 5%
(1,429,926) 3 3,461,884 Solid Waste Fund Revenues 19,037,120 19,047,020 9,547,368 10,019,419 472,051 5% 334,506 1 9,381,526 Expenditures 17,963,990 17,761,530 9,462,958 8,852,228 610,730
6% (284,750) 1 7,476,780 Recycling Fund Revenues 2,864,150 2,980,569 1,500,317 1,608,914 108,597 7% 52,840 3,033,409 Expenditures 2,864,150 2,866,050 1,529,552 1,481,605 47,947 3% 15,030
2,881,080 Enterprise Funds: Marine Fund Revenues 4,439,280 4,440,580 1,893,150 1,853,854 (39,296) -2% 250,000 4,690,580 Expenditures 4,414,770 4,416,070 1,971,814 1,939,615 32,199 2%
220,000 4,636,070 Airpark Fund Revenues 2 40,250 341,807 120,126 173,689 53,563 45% 111,549 453,356 Expenditures 1 88,560 290,117 202,898 192,637 10,261 5% 40,000 330,117 Clearwater
Harbor Marina Fund Revenues 4 12,850 413,250 235,104 198,195 (36,909) -16% (49,000) 364,250 Expenditures 4 10,760 411,160 223,860 153,095 70,765 32% (94,000) 317,160 Parking Fund Revenues
4,990,380 5,109,365 2,282,666 1,929,773 (352,893) -15% 9,888 5,119,253 Expenditures 4,463,390 4,582,375 2,472,403 2,294,733 177,670 7% -4,582,375 Harborview Center Revenues 5 9,850 28,850
16,820 39,253 22,433 133% -28,850 Expenditures 5 9,850 28,850 15,924 12,094 3,830 24% -28,850 Internal Service Funds: General Services Fund Revenues 4,811,930 4,815,930 2,405,972 2,391,512
(14,460) -1% 38 4,815,968 Expenditures 4,811,930 4,815,930 2,631,923 2,563,875 68,048 3% -4,815,930 Administrative Services Revenues 9,331,920 9,335,620 4,565,968 4,512,443 (53,525)
-1% 36,511 9,372,131 Expenditures 9,130,020 9,133,720 5,135,239 4,537,084 598,155 12% -9,133,720 Garage Fund Revenues 12,145,510 12,249,110 6,072,756 5,794,119 (278,637) -5% 3,281 1
2,252,391 Expenditures 12,138,430 12,242,030 6,406,950 6,207,802 199,148 3% -1 2,242,030 Central Insurance Fund Revenues 18,503,470 19,403,470 9,823,084 8,970,381 (852,703) -9% 1,622,925
2 1,026,395 Expenditures 17,483,090 17,883,090 9,187,009 8,831,685 355,324 4% -1 7,883,090 Attachment number 2 Page 1 of 1 Item # 7
1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2010-11 REPORT PAGE # General Fund Operating Budget ..............................................................................................
..................... 3 Utility Funds Operating Budget ..................................................................................................................... 8 Other Enterprise
Funds Operating Budgets .............................................................................................. 12 Internal Service Funds Operating Budgets ....................................
............................................................. 16 Capital Improvement Program Budget ...................................................................................................
.... 19 Special Program Fund Budget .................................................................................................................... 32 Special Development Funds
....................................................................................................................... 37 Administrative Change Orders ...............................................
..................................................................... 40 Ordinances ...................................................................................................................
.............................. 42 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that
projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was
also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2010 through March 31, 2011. The adjustments, however, represent
all data available at the time of the report, including action taken by the City Council after March 31, 2011. Definitions associated with the operating funds information is presented
as follows: Definitions: Original Budget The budget as adopted by the City Council on September 22, 2010. Mid Year Projections Monthly budgets submitted by departments are based on prior
year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection.
Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the
Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Attachment number 3 Page 1 of 2 Item # 7
2 Capital Improvement Projects The amended 2010/11 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze
the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions:
Budget The budget as of October 1, 2010, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made
at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding
contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C -project is completed Amend Ref Reference number
for description of amendment. Attachment number 3 Page 2 of 2 Item # 7
Increase/(Decrease) Description Franchise Fees At mid year, franchise fee revenues exhibit a 8% negative variance. This is primarily related to the Progress Energy fee revenue which,
for the first seven months of this year, is approximately 6% less than the same period in fiscal year 2009/10. No amendment is proposed until additional months of revenue are available
for review Licenses & Permits At mid year, license and permit revenues exhibit a 14% negative variance. This is primarily related to the Business Tax License revenue which, for the first
seven months of this year, is approximately 26% less than the same period in fiscal year 2009/10. No amendment is proposed until additional months of revenue are available for review.
Intergovernmental Sales Tax At mid year, sales tax revenue reflects a 17% negative variance primarily related to the timing of revenue collection. Adjusted for timing, revenues are approximately
4% greater than anticipated for this year and 4% greater than the same period of fiscal year 2009/10. No amendments are proposed. Communications Tax At mid year, communications tax revenues
reflect a 30% negative variance due to a timing difference between actual receipts and budgeted revenues. Adjusted for timing, revenues are 13% less than expected for the year and 4%
lower than the same period of fiscal year 2009/10. No amendments are proposed until additional months of revenue are available for review. Other Intergovernmental 11,226 Other Intergovernmental
revenues reflect a net increase of $11,226.15 at mid year. Amendments include reimbursements of $821.50 supporting the U.S. Immigrations and Customs Enforcement program (ICE), and $10,404.65
supporting the Drug Enforcement Agency which offset expenditure increases in the Police Department. Charges for Service (8,000) At mid year, charges for service revenues reflect a 12%
negative variance primarily due to a timing variance in the receipt of facilities fees and special activities fees. Amendments reflect a net decrease of $8,000 at mid year which include:
1) a $45,000 increase in Pier 60 revenues representing $5,000 in Fishing Admissions, $5,000 in General Admissions, $5,000 in Bait Sales, and $30,000 in Concession Souvenirs; and 2) a
$53,000 decrease in Parks and Recreation revenues representing $50,000 in Golf Course Revenue due to the termination of the Clearwater Country Club contract and $3,000 in Special Activities
Fees. City of Clearwater General Fund Revenues Mid Year Amendments FY 2010/11 3 Attachment number 4 Page 1 of 2 Item # 7
Increase/(Decrease) Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2010/11 Fines & Forfeitures Fines and forfeiture revenues reflect a 29% negative variance
at mid year. A portion of this variance is due to a timing difference between the budget and revenue receipts for court fines. No amendment is proposed until additional months of activity
are available for review. Interest Income Revenue from interest earnings for the quarter is approximately 16% less than anticipated at mid year. This will be carefully monitored for
possible amendment at third quarter, once further data is available for review. Miscellaneous At mid year, miscellaneous revenues reflect a 65% positive variance. No amendments are proposed
until additional months of activity are available for review. 359,574 Mid year budget amendments reflect the following: 1) the return of $217,299.85 in General Fund revenues from closed
special program project 181-99874, Retirement Incentive program; 2) the return of $131,661.59 in General Fund revenues from closed special program project 181-99899, GASB 34 Implementation,
$4,200 of this return will offset the expenditure increase in the Finance department to cover the cost of the fiscal 2011 OPEB actuary report; 3) the return of $7,032.30 in General Fund
revenues from closed capital project 315-93132, Old Coachman Road Park; and 4) the return of $3,580 in General Fund revenues from closed capital project 315-94801, Tidemark Upgrade.
Mid year amendments reflect the following allocations of General Fund reserves: 1,000,000 1) An appropriation of $1,000,000 from retained earnings to project 315-93414, Clearwater Pass
Maintenance Dredging, as approved by the Council on April 20, 2011. 96,500 2) An appropriation of $96,500 from retained earnings to fund the retirement payouts of the long term City
Clerk and Assistant Library Director. (364,674) 3) A net reduction to the use of General Fund reserves by $364,673.74 will bring the General Fund in balance at mid year. This reduction
includes revenue increases greater than expenditures totaling $9,300; the return of funds from closed capital projects 315-93132, Old Coachman Road Park for $7,032.30 and 315-94801,
Tidemark Upgrade for $3,580; and the return of funds from special program projects 181-99874, Retirement Incentive Program for $217,299.85 and 181-99899, GASB 34 Implementation for $127,461.59.
731,826 1,094,626 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Interfund Charges/Transfers In 4 Attachment number 4 Page 2 of
2 Item # 7
Increase/(Decrease) Description 1,200 Mid year amendments to the City Council budget reflect an increase of $1,200 to cover the cost of a board reporter for the Business Task Force meetings.
At mid year, the 11% positive variance in the City Attorney's Office is the result of salary savings as well as the timing in payment of outside counsel. No amendments are proposed at
this time. At mid year, the 2% negative variance in the Economic Development department is related to a timing variance of the payment of the marketing/tourism contract with Imagine
Global Consulting. 4,200 The $4,200 budget increase in the Finance department reflects funding necessary for the OPEB actuary report for FY11. This increase is offset by a revenues from
the return of funds from project 181-99899, GASB 34 Implementation. 49,500 Mid year amendments to the Library budget reflect an increase of $49,500 for the retirement payout of the long
time Assistant Director. This increase will be offset by an allocation of general fund reserves. 34,500 The $34,500 budget increase reflects the following amendments to the Pier 60 budget:
an increase of $30,000 in Inventory Purchases for Resale; an increase of $10,500 in Land Rental; and a decrease of $6,000 in Taxes. This increase is offset by revenue increases recognizing
better than expected collections at Pier 60. 47,000 Mid year amendments to the Official Records and Legislative Services budget reflect an increase of $47,000 for the retirement payout
of the long time City Clerk. This increase will be offset by an allocation of general fund reserves. (53,000) Amendments to the Parks and Recreation department reflect a net decrease
of $53,000 needed to offset reductions in revenue. Amendments include reductions to various cost centers for a total decrease of $32,000 in operating supplies, $10,000 in salary savings,
and $11,000 Parks & Recreation in utilities costs. Marine & Aviation Official Records and Legislative Services Library Finance City of Clearwater General Fund Expenditures Mid Year Amendments
FY 2010/11 Economic Development and Housing City Council City Attorney's Office 5 Attachment number 5 Page 1 of 2 Item # 7
Increase/(Decrease) Description City of Clearwater General Fund Expenditures Mid Year Amendments FY 2010/11 11,226 Mid year amendments in the Police Department reflect an increase to
overtime by $11,226.15 which is offset by revenue amendments recognizing the reimbursements received for overtime from ICE (The Department of the Treasury), the DEA (US Department of
Justice, Drug Enforcement Agency), and the Pinellas County Sheriff's Office. Non-Departmental 1,000,000 The budget amendment reflects City Council approved interfund transfers of $1,000,000
to Capital Improvement projects, as follows: 1) A transfer of $100,000 of General Fund unappropriated retained earnings to project 315-93414, Clearwater Pass Maintenance Dredging, as
approved by the Council on April 20, 2011. 1,000,000 1,094,626 Net General Fund Expenditure Amendment Police 6 Attachment number 5 Page 2 of 2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL FUND GENERAL FUND REVENUES Property Taxes 37,271,490
32,261,000 3 2,874,908 613,908 2% -37,271,490 Franchise Fees 10,575,000 4,457,917 4 ,117,942 (339,975) -8% -10,575,000 Utility Taxes 12,858,380 5,349,202 5 ,614,243 265,041 5% -12,858,380
Licenses, Permits & Fees 3,615,000 1,559,300 1 ,346,778 (212,522) -14% -3,615,000 Intergovernmental Sales Tax 5,150,000 2,145,835 1 ,782,250 (363,585) -17% -5,150,000 Communications
Services Tax 6,610,160 2,754,235 1 ,915,151 (839,084) -30% -6,610,160 Other Intergovernmental 11,246,885 4,973,622 5 ,076,256 102,634 2% 11,226 11,258,111 Charges for Services 3,814,050
1,717,110 1 ,508,855 (208,255) -12% (8,000) 3,806,050 Fines & Forfeitures 688,800 331,775 2 34,974 (96,801) -29% -688,800 Interest Income 1,240,000 597,000 5 02,384 (94,616) -16% -1,240,000
Miscellaneous Revenues 809,740 310,088 5 11,543 201,455 65% -809,740 Interfund Charges /Transfers In 16,926,050 8,435,672 9 ,067,430 631,758 7% 359,574 17,285,624 OPERATING REVENUES
110,805,555 64,892,756 6 4,552,714 (340,042) -1% 362,800 111,168,355 Transfer (to) from Surplus 3,106,561 ---~ 731,826 3,838,387 TOTAL REVENUES 113,912,116 64,892,756 6 4,552,714 (340,042)
-1% 1,094,626 115,006,742 GENERAL FUND EXPENDITURES City Council 280,450 159,680 1 46,910 12,770 8% 1,200 281,650 City Manager's Office 1,204,940 661,855 6 33,087 28,768 4% -1,204,940
City Attorney's Office 1,538,740 796,185 7 12,422 83,763 11% -1,538,740 City Auditor's Office 185,080 107,510 1 07,235 275 0% -185,080 Economic Development & Housing 1,347,310 794,082
8 06,944 (12,862) -2% -1,347,310 Engineering 7,287,030 3,876,229 3 ,811,994 64,235 2% -7,287,030 Finance 2,180,780 1,227,729 1 ,133,784 93,945 8% 4,200 2,184,980 Fire 22,407,090 12,882,407
1 2,407,274 475,133 4% -22,407,090 Human Resources 1,052,110 575,357 5 50,704 24,653 4% -1,052,110 Library 5,723,990 3,429,299 3 ,243,536 185,763 5% 49,500 5,773,490 Marine & Aviation
541,040 290,394 2 67,442 22,952 8% 34,500 575,540 Non-Departmental 5,551,336 4,376,958 4 ,238,903 138,055 3% 1,000,000 6,551,336 Office of Management & Budget 289,500 168,768 1 67,584
1,184 1% -289,500 Official Records & Legislative Svcs 963,150 520,034 5 73,429 (53,395) -10% 47,000 1,010,150 Parks & Recreation 19,121,435 10,731,533 1 0,091,443 640,090 6% (53,000)
19,068,435 Planning & Development 4,465,260 2,515,073 2 ,462,953 52,120 2% -4,465,260 Police 36,384,255 20,988,129 2 0,315,821 672,308 3% 11,226 36,395,481 Public Communications 950,420
527,369 4 81,738 45,631 9% -950,420 Public Services 2,438,200 1,334,200 1 ,250,294 83,906 6% -2,438,200 Allocation to GF Reserve ----~ --TOTAL EXPENDITURES 113,912,116 65,962,791 6 3,403,497
2,559,294 4% 1,094,626 115,006,742 For Six Month Period of October 1, 2010-March 31, 2011 GENERAL FUND MID YEAR REVIEW 7 Attachment number 6 Page 1 of 1 Item # 7
Increase/(Decrease) Description Water & Sewer Fund At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $156,633 for FY 2010/11. Revenues: 156,633
Mid year revenue amendments reflect the return of $156,633.08 of Water & Sewer Fund reserves from project 181-99874, Retirement Incentive Program. This project is complete and will be
closed. Expenditures: No amendments are proposed at mid year. Stormwater Fund At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $853,789 for
FY 2010/11. Revenues: 2,489 Mid year revenue amendments reflect the return of $2,488.86 of Stormwater Fund reserves from project 181-99874, Retirement Incentive Program. This project
is complete and will be closed. Expenditures: No amendments are proposed at mid year. Gas Fund At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $5,891,677
for FY 2010/11. Revenues: (815,999) Mid year revenue amendments in the Gas Fund reflect a net decrease of $815,999.37. Amendments include: 1) reductions to various codes totaling $2,063,740
due to the lower cost of fuel; 2) increases totaling $954,000 due to increased collection in recovery clauses; 3) an increase of $185,000 in Capitalized Labor due to increased project
activity in the current year; 4) the return of $150.63 of Gas Fund reserves from project 181-99874, Retirement Incentive Program, this project is complete and will be closed; and 5)
a net increase of $108,590 due to increases and decreases in various codes to bring the budget in line with actual activity. Expenditures: (1,429,926) Mid year expenditure amendments
reflect a net decrease of $1,429,926 in the Gas Fund. Amendments include: 1) a net decrease of $1,410,881 in the Administration & Supply program primarily due to the reduction in the
cost of fuel and an increase in transfers to reflect the difference between the cash paid and the historical cost of the land acquired for the compressed natural gas refueling station
as approved by Council on December 16, 2010; 2) a reduction of $13,330 in the Sales and Marketing program due primarily to savings in personnel costs; 3) a decrease of $18,795 in South
Area Operations primarily due to personnel savings and transfer of personnel to North Area Operations; and 4) an increase of $13,080 primarily due to the transfer of personnel from South
Area Operations. City of Clearwater Utility Funds Mid Year Amendments FY 2010/11 8 Attachment number 7 Page 1 of 2 Item # 7
Increase/(Decrease) Description City of Clearwater Utility Funds Mid Year Amendments FY 2010/11 Solid Waste Fund At mid year, anticipated revenues of the Solid Waste Fund exceed anticipated
expenditures by $ 1,904,746 for FY 2010/11. Revenues: 334,506 Mid year revenue amendments in the Solid Waste Fund reflect a net increase of $334,505.72. Amendments include: the return
of $10,005.72 of Solid Waste Fund reserves from project 181-99874, Retirement Incentive Program, this project is complete and will be closed; increases of $250,000 in Sanitation Collection
Charge, $4,500 in Late Payment Fee, $50,000 in Interest on Investment, and $20,000 in Other General Revenue, due to better than expected performance through mid-year. Expenditures: (284,750)
Mid year expenditure amendments reflect a net decrease of $284,750, amendments include: 1) decreases in Dump Fees in the collection programs totaling $293,300 due to the reduced amount
of refuse hauled; 2) a net decrease of $59,250 in various personnel codes due to unfilled positions and retirements filled at lower salaried positions; 3) an increase of $58,800 in Garage
Services to cover higher than expected repair charges; 4) an increase of $6,200 for higher than expected utilities costs; and 5) a $2,800 increase in Training. Recycling Fund At mid
year, anticipated revenues of the Recycling Fund exceed anticipated expenditures by $152,329 for FY 2010/11. Revenues: 52,840 Mid year revenue amendments in the Recycling Fund reflect
a net increase of $52,840.40, amendments include: 1) an increase of $150,000 in the Sale of Recyclables due to a strong recycling resale market; 2) an increase of $10,000 of Recycling
Fees -Multi-Family due to increased participation; 3) the return of $4,710.40 of Recycling Fund reserves from project 181-99874, Retirement Incentive Program, this project is complete
and will be closed; and 4) a decrease of $111,870 in the use of retained earnings, due to increased revenues eliminating the need to draw from reserves. Expenditures 15,030 Mid year
expenditure amendments reflect a net increase of $15,030. Amendments include: 1) an increase of $60,000 in Inventory Purchases for Resale due to continued strong market prices for recyclables;
2) a reduction of $4,350 in Garage Services Charges to realize savings incurred; and 3) a reduction of $40,620 in various Personnel codes due to retirements and positions being filled
with lower salaried employees. 9 Attachment number 7 Page 2 of 2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating
Revenue 58,683,810 2 9,341,902 29,073,419 (268,483) -1% -58,683,810 Non-Operating Revenue 2,219,950 603,704 521,343 ( 82,361) -14% -2,219,950 Contributions --66,758 66,758 ~ --Transfers
In --2,250 2,250 ~ 1 56,633 156,633 Use of Fund Equity 3,225,852 -4,790 4,790 ~ -3,225,852 Total Revenues 64,129,612 2 9,945,606 29,668,560 (277,046) -1% 1 56,633 64,286,245 Water &
Sewer Fund Expenditures Public Utilities Administration 1,052,672 647,818 702,198 ( 54,380) -8% -1,052,672 Wastewater Collection 5,627,850 3,428,185 3,237,958 190,227 6% -5,627,850 Public
Utilities Maintenance 5,134,620 3,626,771 3,478,744 148,027 4% -5,134,620 WPC /Plant Operations 11,935,840 6,370,851 5,746,115 624,736 10% -11,935,840 WPC /Laboratory Operations 1,207,830
640,421 644,095 ( 3,674) -1% -1,207,830 WPC /Industrial Pretreatment 820,290 444,330 382,606 61,724 14% -820,290 Water Distribution 12,663,140 9,637,085 9,442,369 194,716 2% -12,663,140
Water Supply 9,448,900 4,780,961 5,249,476 (468,515) -10% -9,448,900 Reclaimed Water 2,125,310 1,146,123 1,008,094 138,029 12% -2,125,310 Non-Departmental 14,113,160 7,056,576 7,054,489
2,087 0% -14,113,160 Total Expenditures 64,129,612 3 7,779,121 36,946,143 832,978 2% -64,129,612 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 15,060,460 7,530,234 7,565,763
35,529 0% -15,060,460 Non-Operating Revenues 287,790 116,548 238,919 122,371 105% -287,790 Transfers In ----~ 2,489 2,489 Use of Fund Equity 3,400 ---~ -3,400 Total Revenues 15,351,650
7,646,782 7,804,682 157,900 2% 2,489 15,354,139 Stormwater Utility Expenditures Stormwater Management 4,983,240 2,549,658 2,372,482 177,176 7% -4,983,240 Stormwater Maintenance 9,517,110
7,096,453 6,890,018 206,435 3% -9,517,110 Total Expenditures 14,500,350 9,646,111 9,262,500 383,611 4% -14,500,350 GAS FUND Gas Fund Revenues Operating Revenues 37,431,440 2 1,224,006
20,804,381 (419,625) -2% (1,012,940) 36,418,500 Non-Operating Revenues 766,320 373,660 469,660 96,000 26% 7,000 773,320 Transfers In --4,790 4,790 ~ 4,941 4,941 Capitalized Labor 266,000
133,002 227,041 94,039 71% 1 85,000 451,000 Use of Fund Equity 1,705,800 ---~ -1,705,800 Total Revenues 40,169,560 2 1,730,668 21,505,872 (224,796) -1% (815,999) 39,353,561 Gas Fund
Expenditures Administration & Supply 24,255,230 1 2,629,045 11,816,669 812,376 6% (1,410,881) 22,844,349 South Area Gas Operations 5,861,720 4,072,451 4,016,213 56,238 1% (18,795) 5,842,925
North Area Gas Operations 1,846,140 1,181,962 1,124,334 57,628 5% 13,080 1,859,220 Marketing & Sales 2,928,720 1,768,771 1,650,781 117,990 7% (13,330) 2,915,390 Total Expenditures 34,891,810
1 9,652,229 18,607,998 1,044,231 5% (1,429,926) 33,461,884 For the Six Month Period of October 1, 2010 to March 31, 2011 UTILITY FUNDS MID YEAR REVIEW 10 Attachment number 8 Page 1 of
2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget For the Six Month Period of October 1, 2010 to March 31,
2011 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE FUND Solid Waste Revenues Operating Revenue 18,124,000 9,062,004 9,445,415 383,411 4% 2 54,500 18,378,500 Non-Operating Revenue 656,800
357,204 441,048 83,844 23% 70,000 726,800 Transfers In 256,320 128,160 132,956 4,796 4% 10,006 266,326 Use of Fund Equity 9,900 ---~ -9,900 Total Revenues 19,047,020 9,547,368 10,019,419
472,051 5% 3 34,506 19,381,526 Solid Waste Expenditures Collection 14,615,830 7,739,461 7,210,829 528,632 7% (273,480) 14,342,350 Transfer 1,472,050 821,184 765,478 55,706 7% (32,320)
1,439,730 Container Maintenance 778,920 428,082 418,937 9,145 2% 16,200 795,120 Administration 894,730 474,231 456,984 17,247 4% 4,850 899,580 Total Expenditures 17,761,530 9,462,958
8,852,228 610,730 6% (284,750) 17,476,780 RECYCLING FUND Recycling Revenues Operating Revenue 2,731,699 1,434,617 1,540,363 105,746 7% 1 60,000 2,891,699 Non-Operating Revenue 137,000
65,700 68,551 2,851 4% -137,000 Transfers In ----~ 4,710 4,710 Use of Fund Equity 111,870 ---~ (111,870) -Total Revenues 2,980,569 1,500,317 1,608,914 108,597 7% 52,840 3,033,409 Recycling
Expenditures Residential 1,096,180 587,946 545,867 42,079 7% (27,900) 1,068,280 Multi-Family 476,600 254,244 234,538 19,706 8% (7,850) 468,750 Commercial 1,293,270 687,362 701,199 (
13,837) -2% 50,780 1,344,050 Total Expenditures 2,866,050 1,529,552 1,481,605 47,947 3% 15,030 2,881,080 11 Attachment number 8 Page 2 of 2 Item # 7
Increase/(Decrease) Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $54,510 at mid year fiscal year 2010/11. Revenues: 250,000 Mid
year revenue amendments in the Marine Fund reflect an increase of $250,000 to Gas and Oil Sales due to increased fuel costs. Expenditures: 220,000 Mid year expenditure amendments reflect
an increase of $220,000 in Cost of Goods Sold due to the rising cost of fuel. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated
expenditures by $47,090 at mid year fiscal year 2010/11. Revenues: (49,000) Mid year revenue amendments in the Clearwater Harbor Marina Fund reflect a net reduction of $49,000. Amendments
include a $92,000 reduction in Transient Slip Rental revenue; a $41,000 increase in Slip Rental revenue; and a $2,000 increase in Dock Gear Box Rental revenue to bring the budget in
line with actual activity. Expenditures: (94,000) Mid year expenditure amendments reflect a net decrease of $94,000 to bring expenditures in line with anticipated revenues for the year.
Reductions include; $41,000 in personnel services, and $53,000 in operating expenses. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $123,239
at mid year fiscal year 2010/11. Revenues: 111,549 At mid year, the 45% positive variance in Airpark fund revenues is the result of the land transfer with Clearwater Gas System for the
compressed natural gas refueling station as approved by Council on December 16, 2010. Amendments to Airpark revenues include: 1) an increase of $71,549 to Gas Fund Transfers In represents
the difference between cash received from Gas for the land transfer and the original cost of the land, and 2) an appropriation of $40,000 of Airpark fund reserves for capital project
315-94854, Multi Plane Hangars to provide matching funds for the FDOT project agreement as approved by Council on May 5, 2011. Expenditures: 40,000 Mid year amendments to Airpark fund
expenditures reflect a transfer totaling $40,000 to capital project 315-94854, Multi Plane Hangars to provide matching funds for the FDOT project agreement as approved by Council on
May 5, 2011. FY 2010/11 City of Clearwater Other Enterprise Funds Mid Year Amendments 12 Attachment number 9 Page 1 of 2 Item # 7
Increase/(Decrease) Description FY 2010/11 City of Clearwater Other Enterprise Funds Mid Year Amendments Parking Fund At mid year, anticipated revenues of the Parking Fund exceed anticipated
expenditures by $536,878 for fiscal year 2010/11. Revenues: 9,888 Mid year revenues in the Parking fund reflect a 15% negative variance due to the loss of temporary parking lot revenues.
Amendments reflect the return of $9,888.26 of Parking Fund reserves from project 181-99874, Retirement Incentive Program. This project is complete and will be closed. Expenditures: No
amendments are proposed at mid year. Harborview Fund Anticipated revenues of the Harborview Fund are equal to anticipated expenditures at mid year fiscal year 2010/11. Revenues: No amendments
are proposed at mid year. Expenditures: No amendments are proposed at mid year. 13 Attachment number 9 Page 2 of 2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,311,400
1,832,804 1,794,810 (37,994) -2% 250,000 4,561,400 Non-Operating Revenues 127,880 60,346 59,044 (1,302) -2% -127,880 Transfers In ----~ --Use of Fund Equity 1,300 ---~ -1,300 TOTAL REVENUES
4,440,580 1,893,150 1,853,854 (39,296) -2% 250,000 4,690,580 MARINE FUND EXPENDITURES Marina Operations 4,416,070 1,971,814 1,939,615 32,199 2% 2 20,000 4,636,070 TOTAL EXPENDITURES
4,416,070 1,971,814 1,939,615 32,199 2% 2 20,000 4,636,070 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Operating Revenues 344,060 176,300 140,236 (36,064) -20%
(49,000) 295,060 Non-Operating Revenues 68,790 58,804 57,959 (845) -1% -68,790 Transfers In ----~ --Use of Fund Equity 400 ---~ -400 TOTAL REVENUES 413,250 235,104 198,195 (36,909) -16%
(49,000) 364,250 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 411,160 223,860 153,095 70,765 32% (94,000) 317,160 TOTAL EXPENDITURES 411,160 223,860
153,095 70,765 32% (94,000) 317,160 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 231,000 115,500 94,292 (21,208) -18% -231,000 Non-Operating Revenues 9,250 4,626 7,848 3,222
70% -9,250 Transfers In --71,549 71,549 ~ 71,549 71,549 Use of Fund Equity 101,557 ---~ 40,000 141,557 TOTAL REVENUES 341,807 120,126 173,689 53,563 45% 1 11,549 453,356 AIRPARK FUND
EXPENDITURES Airpark Operations 290,117 202,898 192,637 10,261 5% 4 0,000 330,117 TOTAL EXPENDITURES 290,117 202,898 192,637 10,261 5% 4 0,000 330,117 For The Six Month Period of October
1, 2010 -March 31, 2011 ENTERPRISE FUNDS MID YEAR REVIEW 14 Attachment number 10 Page 1 of 2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget For The Six Month Period of October 1, 2010 -March 31,
2011 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND PARKING FUND REVENUES Operating Revenues 4,421,380 1,966,868 1,718,347 (248,521) -13% -4,421,380 Non-Operating Revenues 569,000 315,798
211,426 (104,372) -33% -569,000 Transfers In ----~ 9,888 9,888 Use of Fund Equity 118,985 ---~ -118,985 TOTAL REVENUES 5,109,365 2,282,666 1,929,773 (352,893) -15% 9,888 5,119,253 PARKING
FUND EXPENDITURES Engineering /Parking System 3,349,245 1,908,569 1,860,794 47,775 3% -3,349,245 Engineering /Parking Enforcement 785,500 315,467 219,712 95,755 30% -785,500 Parks &
Rec /Beach Guards 447,630 248,367 214,227 34,140 14% -447,630 TOTAL EXPENDITURES 4,582,375 2,472,403 2,294,733 177,670 7% -4,582,375 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating
Revenues 13,820 13,820 20,912 7,092 51% -13,820 Non-operating Revenues 6,000 3,000 18,341 15,341 511% -6,000 Transfers In ----~ --Use of Fund Equity 9,030 ---~ -9,030 TOTAL REVENUES
28,850 16,820 39,253 22,433 133% -28,850 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 28,850 15,924 12,094 3,830 24% -28,850 TOTAL EXPENDITURES 28,850 15,924 12,094
3,830 24% -28,850 15 Attachment number 10 Page 2 of 2 Item # 7
Increase/(Decrease) Description General Services At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $38 for fiscal year 2010/11. Revenues:
38 Mid year revenue amendments reflect the return of $38.23 of General Services Fund reserves from project 181-99874, Retirement Incentive Program. This project is complete and will
be closed. Expenditures: No amendments are proposed at mid year. Administrative Services At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures
by $238,411 for fiscal year 2010/11. Revenues: 36,511 Mid year revenue amendments reflect the return of $36,511.46 of Administrative Service Fund reserves from project 181-99874, Retirement
Incentive Program. This project is complete and will be closed. Expenditures: No amendments are proposed at mid year. Garage Fund At mid year, anticipated revenues of the Garage Fund
exceed anticipated expenditures by $10,361 for fiscal year 2010/11. Revenues: 3,281 Mid year revenue amendments reflect the return of $3,280.81 of Garage Fund reserves from project 181-99874,
Retirement Incentive Program. This project is complete and will be closed. Expenditures: No amendments are proposed at mid year. Central Insurance At mid year, anticipated revenues of
the Central Insurance Fund exceed anticipated expenditures by $3,143,305 for fiscal year 2010/11. Revenues: 1,622,925 Mid year amendments reflect the return of $1,622,925 in Central
Insurance Fund reserves which were advanced to project 315-92275, Downtown Streetscape Phase II; this represents full reimbursement of advanced funds. Expenditures: No amendments are
proposed at mid year. City of Clearwater Internal Service Funds Mid Year Amendments FY 2010/11 16 Attachment number 11 Page 1 of 1 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings
to Departments 4 ,771,930 2,385,972 2,368,460 ( 17,512) -1% -4,771,930 Non-Operating Revenue 4 0,000 20,000 23,052 3,052 15% -40,000 Transfers In ----~ 38 38 Fund Reserves 4 ,000 ---~
-4,000 TOTAL REVENUES 4 ,815,930 2,405,972 2,391,512 ( 14,460) -1% 38 4,815,968 GENERAL SERVICES FUND EXPENDITURES Administration 4 71,340 263,172 216,629 46,543 18% -471,340 Building
& Maintenance 4 ,344,590 2,368,751 2,347,246 21,505 1% -4,344,590 TOTAL EXPENDITURES 4 ,815,930 2,631,923 2,563,875 68,048 3% -4,815,930 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES
REVENUE Operating Revenue 8 ,931,920 4,465,968 4,404,437 ( 61,531) -1% -8,931,920 Non-Operating Revenue 2 00,000 100,000 108,006 8,006 8% -200,000 Transfers In ----~ 36,511 36,511 Fund
Reserves 2 03,700 ---~ -203,700 TOTAL REVENUES 9 ,335,620 4,565,968 4,512,443 ( 53,525) -1% 36,511 9,372,131 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology /Admin 3 45,970
193,393 181,617 11,776 6% -345,970 Information Tech /Network Svcs 2 ,287,390 1,311,456 1,144,925 166,531 13% -2,287,390 Info Tech /Software Applications 1 ,986,330 1,142,738 956,419
186,319 16% -1,986,330 Info Tech /Telecommunications 8 68,720 441,009 310,332 130,677 30% -868,720 Public Comm /Courier 1 72,790 86,454 62,266 24,188 28% -172,790 Public Comm /Graphics
----~ --Clearwater Customer Service 3 ,472,520 1,960,189 1,881,524 78,665 4% -3,472,520 TOTAL EXPENDITURES 9 ,133,720 5,135,239 4,537,084 598,155 12% -9,133,720 GARAGE FUND GARAGE FUND
REVENUES Billings to Departments 1 1,569,510 5,784,756 5,578,917 ( 205,839) -4% -11,569,510 Non-Operating Revenue 5 76,000 288,000 208,227 ( 79,773) -28% -576,000 Transfers In --6,975
6,975 ~ 3,281 3,281 Fund Reserves 1 03,600 ---~ -103,600 TOTAL REVENUES 1 2,249,110 6,072,756 5,794,119 ( 278,637) -5% 3,281 12,252,391 Garage Fund Expenditures Fleet Maintenance 1 1,720,580
6,142,334 6,070,326 72,008 1% -11,720,580 Radio Communications 5 21,450 264,616 137,476 127,140 48% -521,450 TOTAL EXPENDITURES 1 2,242,030 6,406,950 6,207,802 199,148 3% -12,242,030
For The Six Month Period of October 1, 2010 -March 31, 2011 INTERNAL SERVICE FUNDS MID YEAR REVIEW 17 Attachment number 12 Page 1 of 2 Item # 7
2010/11 2010/11 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget For The Six Month Period of October 1, 2010 -March 31,
2011 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 1 7,173,970 8,586,984 7,784,826 ( 802,158) -9% -17,173,970
Non-Operating Revenue 1 ,190,000 619,100 579,295 ( 39,805) -6% -1,190,000 Transfers In 6 39,500 617,000 606,260 ( 10,740) -2% 1,622,925 2,262,425 Fund Reserves 4 00,000 ---~ -400,000
TOTAL REVENUES 1 9,403,470 9,823,084 8,970,381 ( 852,703) -9% 1,622,925 21,026,395 CENTRAL INSURANCE FUND EXPENDITURES Finance /Risk Management 4 02,260 231,063 216,633 14,430 6% -402,260
Human Resources /Employee Benefit s 3 13,610 172,338 125,642 46,696 27% -313,610 Non-Departmental 1 7,167,220 8,783,608 8,489,410 294,198 3% -17,167,220 TOTAL EXPENDITURES 1 7,883,090
9,187,009 8,831,685 355,324 4% -17,883,090 18 Attachment number 12 Page 2 of 2 Item # 7
Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2010/11 19 The amended 2010/11 Capital Improvement Program budget report is submitted for the City Council's Mid Year
review. The net proposed amendment is a budget decrease in the amount of $429,533. This review provides the opportunity to examine the status of all active projects and present formal
amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital
Improvement Budget activity: Aging Well Center – To record a budget increase in the amount of $50,000 of Donation revenue received from the Clearwater Aquatic swim team. This will
bring the project budget in line with the cash received. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget
Increase Approval Water Pollution Control R & R 2,433,819 04/07/11 Clearwater Pass Maintenance Dredging 1,000,000 04/20/11 Multi Plane Hangars 200,000 05/05/11 Attachment number 13 Page
1 of 1 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment Downtown Streetscape Phase II 1 315-92275 (1,622,925) To record a budget decrease in
the amount of $1,622,925.00 of Insurance fund revenue and return these funds to the Central Insurance Fund. The insurance fund proceeds that were loaned to the project until CRA funds
became available can now be returned to the Central Insurance Fund. (1,622,925) Old Coachman Road Park -CLOSE PROJECT 2 315-93132 (7,032) To record a budget decrease in the amount of
$7,032.30 of General Fund revenue and return these funds to the General Fund. With the park purchased, this project is complete and will be closed. (7,032) Concrete Sidewalk & Pad Repair
3 315-93204 30,000 To record a budget transfer in the amount of $30,000.00 of General Fund revenue from project 315-93604, Boardwalk & Docks Repair & Replacement. This will provide for
the additional repairs needed this year. 30,000 Clearwater Pass Maintenance Dredging -NEW PROJECT 4 315-93414 1,000,000 To establish the project and record a budget increase in the amount
of $1,000,000.00 of General Fund reserves. This project will provide funding to the United States Army Corps of Engineers for the required dredging from the Clearwater Pass to the Municipal
Marina Harbor. This was approved by City Council on April 20, 2011. 1,000,000 Dock Replace & Repair 5 315-93429 (10,000) To record a budget transfer in the amount of $10,000.00 of Marina
Fund revenue to project 315-93496, Marine Facility Dredging -Maint. The funding will provide for the rebuilding the bathroom on the east end of the beach marina. (10,000) Marine Facility
Dredging & Maintenance 6 315-93496 10,000 To record a budget transfer in the amount of $10,000.00 of Marina Fund revenue from project 315-93429, Dock Replace & Repair. The funding will
provide for the rebuilding the bathroom on the east end of the beach marina. 10,000 Boardwalk & Docks Repair & Replacement 7 315-93604 (30,000) To record a budget transfer in the amount
of $30,000.00 of General Fund revenue to project 315-93204, Concrete Sidewalk & Pad Repair. This will provide for the additional repairs needed this year. (30,000) Miscellaneous Minor
Public Art 8 325-93608 10,000 * To record a budget increase in the amount of $10,000.00 in Contribution From Other Gov Units. This will bring the project budget in line with the cash
received from the Downtown Development Board. The funding was for Sculpture 360 Season II. 10,000 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 20 * indicates budget amendment
only Attachment number 14 Page 1 of 6 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 Aging Well Center 9 315-93615
50,000 * To record a budget increase in the amount of $50,000.00 of Donation revenue which was received from the Clearwater Aquatic swim team. This will bring the project budget in line
with the cash received. 50,000 Tidemark Upgrade -CLOSE PROJECT 10 315-94801 (3,580) To record a budget decrease in the amount of $3,580.00 of General Fund revenue and return these funds
to the General Fund. With the upgrade completed, this project is complete and will be closed. (3,580) Environment Assessment & Cleanup 11 315-94803 (62,700) To record a budget transfer
in the amount of $62,700.00 of General Fund revenue to project 315-94846, FBO Building Improvements. The amendment provides URS Corporation Southern, an Engineer of record, the second
year of funding for the Remedial Action Plan at the Clearwater Airpark. The plan includes on going system maintenance, monitoring, sampling and reporting. This was approved by City Council
on April 7, 2011. (62,700) FBO Building Improvements 12 315-94846 62,700 To record a budget transfer in the amount of $62,700.00 of General Fund revenue from project 315-94803, Environment
Assessment & Cleanup. The amendment provides URS Corporation Southern, an Engineer of record, the second year of funding for the Remedial Action Plan at the Clearwater Airpark. The plan
includes on going system maintenance, monitoring, sampling and reporting. This was approved by City Council on April 7, 2011. 62,700 Multi Plane Hangars 13 315-94854 100,000 * 315-94854
25,000 315-94854 60,000 * 315-94854 15,000 200,000 To record a budget increase in the amount of $125,000.00 with Florida Department of Transportation Grant funding in the amount of $100,000.00
and Airpark reserves in the amount of $25,000.00. This supplemental funding is for the refurbishment of existing Hangars C and D at the Clearwater Airpark. This was approved by City
Council on May 5, 2011. To record a budget increase in the amount of $75,000.00 with Florida Department of Transportation Grant funding in the amount of $60,000.00 and Airpark reserves
in the amount of $15,000.00. This additional funding is for the design and construction of a 9,600 sq. ft. multi-plane (corporate) hangars, stormwater management, security and a new
apron for air traffic to gain access to the taxiway. This was approved by City Council on May 5, 2011. 21 * indicates budget amendment only Attachment number 14 Page 2 of 6 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 Library Technology 14 316-94861
37,975 * To record a budget increase in the amount of $37,974.75 of lease purchase funding, which provides for the purchase of two additional customer self checkout machines for the
East and Countryside libraries. The purchase order with Integrated Technology Group will include hardware, software, maintenance and support. This was approved by City Council on March
3, 2011. 37,975 Town Lake 15 315-96125 294,569 To record a budget transfer in the amount of $294,569.00 of Stormwater Utility revenue from project 315-96170, Coastal Basins Projects.
The funding will provide the City's Engineer of Record, Reiss Engineering, Inc. to evaluate the existing conditions of the Town Lake stormwater system and provide the city with options
in bringing the system into compliance. This was approved by City Council on March 17, 2011. 294,569 Coastal Basins Projects 16 315-96170 (294,569) To record a budget transfer in the
amount of $294,569.00 of Stormwater Utility revenue to project 315-96125, Town Lake. The funding will provide the City's Engineer of Record, Reiss Engineering, Inc. to evaluate the existing
conditions of the Town Lake stormwater system and provide the city with options in bringing the system into compliance. This was approved by City Council on March 17, 2011. (294,569)
Waste Water Treatment Plant -Screw Pump Replacement 17 376-96202 1 ,657,609 To record a budget transfer in the amount of $1,657,609.13 in 2009 Water Sewer Bond proceeds from project
376-96621, WWTP New Belt Presses. This will allow for the oldest bond proceeds to be utilized first. 1,657,609 Pinellas New Mains -Service Line 18 315-96377 7,454 * To record a budget
increase in the amount of $7,454.38 in Property Owners Share revenue. This will bring the project budget in line with the cash received. 7,454 Vehicle Acquisition 19 316-96438 (113,341)
* To record a budget decrease in the amount of $113,340.50 of Lease Purchase proceeds. This amendment will close the Lease Purchase portion of this project. (113,341) Waste Water Treatment
Plant -New Belt Presses 20 376-96621 (1,657,609) To record a budget transfer in the amount of $1,657,609.13 in 2009 Water Sewer Bond proceeds to project 376-96202, WWTP Screw Pump Replacement.
This will allow for the oldest bond proceeds to be utilized first. (1,657,609) 22 * indicates budget amendment only Attachment number 14 Page 3 of 6 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 WWTP Aeration Improvements
21 376-96622 (128,265) To record a budget transfer in the amount of $128,265.30 of 2009 Water and Sewer Bond proceeds to project 376-96664, WPC R & R. The funding will provide a portion
of the funds to rehabilitate the rapid sand filters at the Marshall Street Water Reclamation Facility This was approved by City Council on April 7, 2011. (128,265) Sanitary Utility Relocation
22 327-96634 (200,000) To record a budget transfer in the amount of $200,000.00 in Utility R & R revenue to project 327-96686, Pump Station Replacement. 376-96634 200,000 To record a
budget transfer in the amount of $200,000.00 in 2009 Water Sewer Bond proceeds from project 376-96686, Pump Station Replacement. This will allow for the oldest bond proceeds to be utilized
first. 0 Water Pollution Control R & R 23 376-96664 2 ,433,819 To record a budget transfer in the total amount of $2,433,819.24 of 2009 Water and Sewer Bond proceeds from the following
three projects; project 376-96665, Sanitary Sewer R & R in the amount of $1,287,266.23; project 376-96742, Line Relocation -Capitalized in the amount of $1,018,287.71; project 376-96622,
WWTP Aeration Improvements in the amount of $128,265.30. The funding will provide for the rehabilitation of the twelve rapid sand filters at the Marshall Street Water Reclamation Facility
This was approved by City Council on April 7, 2011. 2,433,819 Sanitary Sewer R & R 24 376-96665 (1,287,266) To record a budget transfer in the amount of $1,287,266.23 of 2009 Water and
Sewer Bond proceeds to project 376-96664, WPC R & R. The funding will provide a portion of the funds to rehabilitate the rapid sand filters at the Marshall Street Water Reclamation Facility
This was approved by City Council on April 7, 2011. 376-96665 300,000 To record a budget transfer in the amount of $300,000.00 in 2009 Water and Sewer Bond proceeds from project 376-96686,
Pump Station Replacement. This will allow for the oldest bond proceeds to be utilized first. 327-96665 (300,000) To record a budget transfer in the amount of $300,000.00 in Utility R
& R revenue to project 327-96686, Pump Station Replacement. (1,287,266) 23 * indicates budget amendment only Attachment number 14 Page 4 of 6 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 Pump Station Replacement 25
327-96686 200,000 To record a budget transfer in the amount of $200,000.00 in Utility R & R revenue from project 327-96634, Sanitary Utility Relocation. 376-96686 (200,000) To record
a budget transfer in the amount of $200,000.00 in 2009 Water Sewer Bond proceeds to project 376-96634, Sanitary Utility Relocation. This will allow for the oldest bond proceeds to be
utilized first. 327-96686 300,000 To record a budget transfer in the amount of $300,000.00 in Utility R & R revenue from project 327-96665, Sanitary Sewer R & R. 376-96686 (300,000)
To record a budget transfer in the amount of $300,000.00 in 2009 Water Sewer Bond proceeds to project 376-96665, Sanitary Sewer R & R. This will allow for the oldest bond proceeds to
be utilized first. 0 Reclaimed Water Distribution System 26 315-96739 (591,745) To record a budget transfer in the amount of $591,744.78 in Sewer revenue to project 315-96766, Water
Quality Devices. 376-96739 591,745 To record a budget transfer in the amount of $591,744.78 in 2009 Water Sewer Bond proceeds from project 376-96766, Water Quality Devices. This will
allow for the oldest bond proceeds to be utilized first. 0 Line Relocation -Capitalized 27 376-96742 (1,018,288) To record a budget transfer in the amount of $1,018,287.71 of 2009 Water
and Sewer Bond proceeds to project 376-96664, WPC R & R. The funding will provide a portion of the funds to rehabilitate the rapid sand filters at the Marshall Street Water Reclamation
Facility This was approved by City Council on April 7, 2011. (1,018,288) Water Quality Monitoring Devises 28 315-96766 591,745 To record a budget transfer in the amount of $591,744.78
in Sewer revenue from project 315-96739, Reclaimed Distribution System. 376-96766 (591,745) To record a budget transfer in the amount of $591,744.78 in 2009 water Sewer Bond proceeds
to project 376-96739, Reclaimed Distribution System. This will allow for the oldest bond proceeds to be utilized first. 0 24 * indicates budget amendment only Attachment number 14 Page
5 of 6 Item # 7
Increase/Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2010/11 Water Supply Pick-up Truck
29 316-96771 11,916 * To record a budget increase in the amount of $11,916.00 of lease purchase funding. The funding will provide for the lease purchase of a Chevrolet Silverado 2500HD
pickup truck, which was upgraded from a 1/2 ton truck. Total purchase order in the amount of $31,916.00 was awarded to Alan Jay Ford Lincoln Mercury, Inc. This was approved by City Council
on April 7, 2011. 11,916 TOTALS (429,533) -(429,533) 25 * indicates budget amendment only Attachment number 14 Page 6 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91149 Police Homicide Vehicle 150,000 150,000 150,000 145,997 4,003 Sub-Total 150,000 150,000
-150,000 -1 45,997 4,003 Fire Protection 91218 Fire Engine Replacement 920,000 1,363,620 1,363,620 449,598 913,620 402 91221 EMS Capital Equipment 1,103,066 1,103,066 1,103,066 1,031,480
71,586 91229 Replace & Upgrade Airpacks 952,000 952,000 952,000 747,670 8,654 195,676 91236 Rescue Vehicle 619,869 619,869 619,869 462,967 156,902 0 91242 Fire Training Facility 4,583,820
4,583,820 4,583,820 4,559,167 24,293 360 91252 Station 48 Renovation/Expansion 651,500 651,500 651,500 590,469 4,233 56,798 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 166,694
2,833,306 91255 Exhaust Systems 155,480 155,480 155,480 121,436 8,674 25,370 91256 Security Access Systems 90,380 90,380 90,380 37,647 52,733 91257 AED Program 90,550 90,550 90,550 58,509
32,041 91258 Ladder Truck Equipment 150,000 150,000 150,000 121,612 28,388 91259 Radio Replacements 300,610 300,610 300,610 199,389 101,221 91260 Thermal Imaging Cameras 20,780 20,780
20,780 15,200 5,580 91261 Personal Protection Equipment 758,090 758,090 758,090 466,210 291,880 91264 Fire Hose Replacement 85,000 85,000 85,000 65,305 19,695 91265 EMS Support Vehicles
10,000 10,000 10,000 10,000 Sub-Total 13,491,145 13,934,765 -13,934,765 9,078,153 1,131,576 3,725,035 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,042,774 4,042,774
4,042,774 1,545,973 94,289 2,402,512 Sub-Total 4,042,774 4,042,774 -4,042,774 1,545,973 94,289 2,402,512 Major Street Maintenance 92259 Traffic Calming 14,087,941 14,087,941 14,087,941
8,767,049 1,215,121 4,105,771 92270 Gulf to Bay /Highland Improvemen 1,500,000 1,500,000 1,500,000 66,756 13,256 1,419,988 92273 Streets and Sidewalks 13,240,540 12,863,367 12,863,367
6,570,190 786,444 5,506,734 92274 Bridge Maintenance & Improvemen 2,219,010 2,219,010 2,219,010 379,473 1,839,537 92275 Downtown Streetscape-Phase II 2,626,764 5,064,020 (1,622,925)
3,441,095 393,282 2,743,725 304,088 1 Sub-Total 33,674,255 35,734,338 (1,622,925) 34,111,413 16,176,750 4,758,546 13,176,117 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849
550,849 468,500 82,349 92342 Beach Connector Trail 1,875,807 1,875,807 1,875,807 1,143,944 48,891 682,972 92343 East Avenue Trail 437,541 799,214 799,214 152,346 646,867 0 Sub-Total
2,864,197 3,225,870 -3,225,870 1,764,790 695,758 765,321 Intersections 92551 City-Wide Intersection Improvemen 1,070,848 1,070,848 1,070,848 500,947 46,183 523,718 92552 Signal Renovation
1,250,698 1,250,698 1,250,698 1,213,988 13,600 23,110 92553 New Signal Installation 961,789 961,789 961,789 803,950 157,839 92558 Intersection Improvements-II 3,006,910 3,006,910 3,006,910
1,455,959 21,100 1,529,850 Sub-Total 6,290,245 6,290,245 -6,290,245 3,974,844 80,883 2,234,518 Parking 92630 Parking Lot Resurfacing 1,461,603 1,461,603 1,461,603 617,969 843,633 92632
Parking Garage Structure Repair 1,618,432 1,618,432 1,618,432 736,325 882,107 92636 Parking Lot Improvement 2,117,325 2,117,325 2,117,325 1,665,756 451,569 92649 Surf Style Condo-Parking
Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 Sub-Total 14,597,360 14,597,360 -14,597,360 3,120,050 -11,477,309 26 Attachment number 15 Page 1 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering 92822 Miscellaneous Engineering 576,975 576,975 576,975 369,752 24,277 182,945 92839 Downtown Intermodal
8,000,000 0 0 0 0 0 C Sub-Total 8,576,975 576,975 -576,975 369,752 24,277 182,945 Land Acquisition 93132 Old Coachman Road Park 0 330,000 ( 7,032) 322,968 322,968 0 0 C 2 Sub-Total -330,000
( 7,032) 322,968 322,968 -0 Park Development 93203 Carpenter Field-Infras Rep/Improve 295,000 299,380 299,380 292,438 6,942 93204 Concrete Sidewalk & Pad Repair 612,913 612,913 3 0,000
642,913 611,209 31,704 3 93205 Com Sprts Cmp Infr Rep/Improve 534,322 534,322 534,322 461,246 350 72,726 93213 Park Amenity Purch & Rplcmnt 919,942 919,942 919,942 842,778 16,445 60,718
93229 Tennis Court Resurfacing 696,082 696,082 696,082 637,567 12,100 46,415 93230 Playgrd & Fitness Equip Purch-Rep 1,659,910 1,659,910 1,659,910 1,521,923 11,119 126,868 93247 Fitness
Equipment Replacement 150,000 150,000 150,000 129,467 4,140 16,393 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 227,814 29,160 2,878,026 93262 Fencing Replacement
Program 1,302,555 1,302,555 1,302,555 1,172,508 62,595 67,451 93263 Public Art Maintenance 1,498 1,498 1,498 0 1,498 93264 Enterprise Road Dog Park 468,949 468,470 468,470 468,470 0
C 93269 Light Replacement 1,846,927 1,810,595 1,810,595 1,769,887 40,033 674 93271 Swimming Pool R&R 344,401 344,401 344,401 274,190 9,240 60,971 93272 Bicycle Paths-Bridges 2,650,000
2,650,000 2,650,000 1,114,625 28,385 1,506,990 93273 Restrooms on Clearwater Beach 588,000 588,000 588,000 257,980 30,031 299,989 93277 Harborview Infra Rep/Impr 635,451 635,451 635,451
384,613 250,838 93278 Long Center Infra Repairs 479,104 479,104 479,104 421,394 57,709 93286 Parking Lot/Bike Path Rsr/Imprv 501,943 501,943 501,943 450,513 51,430 93602 Sp Events Equip
Rep & Rplcmnt 115,000 115,000 115,000 70,915 1,971 42,113 93604 Brdwlks & Docks Rep & Rplcmnt 265,000 265,000 (30,000) 235,000 64,591 170,409 7 93606 Carpenter Complex Clubhouse Re 3,200,000
3,200,000 3,200,000 3,119,236 50,251 30,513 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 60,000 54,794 5,206 0 93608 Misc Minor Public Art 222,230 222,230 1 0,000 232,230 20,812 3,000
208,418 8 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93613 Clw. Country Club Repair & Renov 100,000 100,000 100,000 90,327 9,673 93614 Royalty Theater Acquisition
6,200,000 2,650,000 2,650,000 2,605,186 44,814 93615 Aging Well Center 2,229,720 2,229,720 5 0,000 2,279,720 2,071,115 33,386 175,219 9 93616 Joe DiMaggio Sports Comp Renov 3,600,000
3,600,000 3,600,000 0 3,600,000 93617 Morningside Aquatic Ctr & Pk Reno 350,911 350,158 350,158 350,158 0 C 93618 Miscellaneous Park & Rec Contract 40,000 40,000 40,000 0 40,000 93619
Ross Norton Ballfield Improvemen 35,000 31,853 31,853 31,853 0 C 93620 Sports Field Lighting 0 1,384,332 1,384,332 1,348,000 36,332 93621 No. Greenwood Rec Ctr Reno 0 1,093,840 1,093,840
88,385 22,641 982,814 93622 Joe DiMaggio Rest/Store/Concess 0 650,000 650,000 191 20,506 629,303 93623 Capitol Theater 0 3,550,000 3,550,000 0 3,550,000 Sub-Total 33,639,858 36,731,698
60,000 36,791,698 19,612,879 1,728,560 15,450,259 27 Attachment number 15 Page 2 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities 93403 Beach Guard Facility Maint 60,000 60,000 60,000 32,666 27,330 4 93405 Downtown Boat Slips 12,611,441
12,611,441 12,611,441 11,938,849 12,803 659,789 93408 Bch Rec Ctr Boat Ramp Rplcmnt 1,265,699 1,265,699 1,265,699 385,648 68,882 811,169 93410 Downtown Boat Slips Maintenance 15,000
15,000 15,000 772 14,228 93411 Clearwater Beach Life Guard Reno 455,700 571,985 571,985 467,131 93,978 10,876 93412 City-wide Seawall Replacement 0 525,000 525,000 525,000 93413 Utilities/Services
Replace 423,966 423,966 423,966 402,212 21,754 93414 Clearwater Pass Maintenance Dre 0 0 1 ,000,000 1,000,000 0 0 1,000,000 4 93429 Dock Replacement & Repair 374,040 374,040 ( 10,000)
364,040 345,157 18,883 5 93490 Fuel System R&R 89,792 89,792 89,792 67,550 22,243 93495 Dock Construction 24,858 24,858 24,858 16,408 8,451 93496 Marine Fac Dredge/Maint 576,781 576,781
1 0,000 586,781 570,662 16,119 6 93497 Docks & Seawalls 786,085 786,085 786,085 552,272 233,813 93499 Pier 60/Sailing Center Maint 181,952 181,952 181,952 165,152 16,800 Sub-Total 16,865,314
17,506,599 1 ,000,000 18,506,599 14,944,479 202,993 3,359,127 Airpark 94817 Airpark Maint & Repair 100,000 100,000 100,000 82,676 17,324 94846 FBO Bldg Improvements 425,000 425,000 6
2,700 487,700 420,900 29 66,770 12 94854 Multi Plane Hangars 0 506,788 2 00,000 706,788 717 706,071 13 94858 Airpark Security Improvements 166,799 166,799 166,799 134,277 32,522 94863
Airpark Runway Repairs 125,000 125,000 125,000 125,000 0 Sub-Total 816,799 1,323,587 2 62,700 1,586,287 763,570 29 822,687 Libraries 93527 Books & Other Lib Mat -II 5,334,291 5,334,291
5,334,291 4,661,088 570 672,634 Sub-Total 5,334,291 5,334,291 -5,334,291 4,661,088 570 672,634 Garage 94233 Motorized Equip-Cash II 782,931 782,931 782,931 699,973 82,959 94234 Motorized
Equip -LP II 24,835,908 24,835,908 24,835,908 20,016,802 1,552,541 3,266,565 94238 Police Vehicles 600,000 600,000 600,000 480,303 104,571 15,126 94239 Public Utilities Boom Truck 57,953
57,953 57,953 57,953 0 Sub-Total 26,276,792 26,276,792 -26,276,792 21,255,031 1,657,112 3,364,649 Building Maintenance 94510 Air Cond Replace-City Wide 2,331,936 2,331,936 2,331,936
1,939,626 44 392,267 94512 Roof Repairs 607,635 607,635 607,635 480,622 127,012 94514 Roof Replacements 1,570,856 1,570,856 1,570,856 993,039 45,515 532,301 94517 Painting of Facilities
891,880 891,880 891,880 440,880 16,000 435,000 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 879,492 879,492 879,492 691,303 188,189
94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 4,425 159,954 55,621 94524 Long Center Major Infrst Imprvmts 3,356,000 3,356,000 3,356,000 3,354,955 1,045 94527 Honeywell
Performance Contract 770,338 770,338 770,338 767,005 3,333 Sub-Total 10,792,948 10,792,948 -10,792,948 8,794,270 221,513 1,777,165 General Public City Buildings & Equipment 94620 New
City Hall 108,750 108,750 108,750 164 108,586 94624 Harborview Demolition 950,000 950,000 950,000 51,571 12,455 885,974 Sub-Total 1,058,750 1,058,750 -1,058,750 51,736 12,455 994,559
28 Attachment number 15 Page 3 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,806,478 1,806,478 1,806,478 1,385,556 114 420,808 94736 Geographic Information
Sys 1,052,726 1,052,726 1,052,726 933,708 119,018 94761 Poll Stor Tank Rem/Repl-Gen Fd 453,658 453,658 453,658 244,249 209,408 94801 Tidemark Upgrade 802,623 802,623 ( 3,580) 799,043
799,043 0 C 10 94803 Environmental Assmt & Clean-up 853,664 853,664 ( 62,700) 790,964 394,159 99,786 297,019 11 94814 Network Infra & Server Upgrade 1,885,057 1,885,057 1,885,057 1,348,651
536,406 94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 300,000 300,000 300,000 179,290 120,710 94827 Telecommunications Upgrade 354,000
354,000 354,000 160,957 153,241 39,802 94828 Financial Systems Upgrades 601,628 601,628 601,628 160,997 39,966 400,664 94829 CIS Upgrades /Replacement 647,376 647,376 647,376 172,646
474,730 94830 MS Licensing /Upgrades 525,000 525,000 525,000 412,252 112,748 94833 Computer Monitors 320,000 320,000 320,000 302,647 17,354 94839 Roadway & Traffic Asset Mgt 440,000
440,000 440,000 172,377 87,320 180,304 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 117,434 381,189
1,378 94857 Accela Permitting & Code Enforce 75,000 75,000 75,000 11,995 2,800 60,204 94861 Library Technology 164,053 164,053 3 7,975 202,028 164,053 37,975 0 14 Sub-Total 11,631,263
11,631,263 (28,305) 11,602,957 7,047,824 802,391 3,752,742 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 8,772,101 8,675,269 8,675,269 6,895,246 1,501,156 278,867
96125 Town Lake 7,610,847 7,610,847 2 94,569 7,905,416 7,606,871 294,569 3,976 15 96129 Stev Ck Estuary Restor 6,037,055 6,037,055 6,037,055 5,344,822 692,233 96137 FDEP Compliance 1,008,000
1,008,000 1,008,000 767,032 24,567 216,400 96152 Lake Bellevue Stormwater Imp 2,351,163 2,447,995 2,447,995 2,007,436 440,558 96158 Transfer Yard Upgrade 309,325 309,325 309,325 130,577
99,384 79,364 96164 Allen's Creek Improvement Project 499,250 499,250 499,250 229,552 269,698 96166 Spring Branch Enhancement Proj 1,202,077 1,202,077 1,202,077 151,248 81,476 969,352
96168 Stormwater System Expansion 1,346,281 1,346,281 1,346,281 0 1,346,281 96169 Stevenson Creek 2,424,745 2,424,745 2,424,745 37,865 93,699 2,293,181 96170 Coastal Basin Projects 6,419,037
6,227,351 ( 294,569) 5,932,782 1,371,162 224,690 4,336,931 16 96171 Alligator Creek Chan F Drain Impr 1,826,187 1,826,187 1,826,187 1,294,473 2,491 529,224 96172 Vaccon Cleaner 300,000
300,000 300,000 289,687 10,313 96173 Alligator Creek Watershed Projects 1,266,490 1,266,490 1,266,490 266,238 133,800 866,452 96174 Tropic Hills Phase I 2,315,041 2,315,041 2,315,041
1,651,195 267,578 396,268 96175 T.V. Truck & Camera 300,000 300,000 300,000 194,396 105,604 Sub-Total 43,987,599 43,795,913 -43,795,913 28,043,404 2,917,806 12,834,703 29 Attachment
number 15 Page 4 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R-Maintenance 1,765,025 1,765,025 1,765,025 1,520,787 115,655 128,583 96739 Reclaimed Water
Dist Sys 59,617,322 61,493,442 -61,493,442 51,693,203 5,180,570 4,619,670 26 96740 Water Supply/Treatment 5,572,032 5,572,032 5,572,032 4,512,211 7,302 1,052,519 96741 System R & R-Capitalized
9,076,796 9,076,796 9,076,796 8,062,775 1,014,020 96742 Line Relocation-Capitalized 12,288,526 11,978,955 ( 1,018,288) 10,960,667 8,920,265 132,805 1,907,597 27 96743 Mtr Bkflow Prev
Dev/Change 5,049,182 5,049,182 5,049,182 2,254,063 2,795,119 96744 System Expansion 2,999,673 2,999,673 2,999,673 1,537,111 1,462,562 96752 Water Service Lines 5,026,792 5,026,792 5,026,792
3,588,029 17,064 1,421,699 96757 Water Pick Up Trucks 147,571 147,571 147,571 79,021 55,138 13,412 96760 Elevated Water Tanks Upgrade 3,208,600 3,208,600 3,208,600 2,191,065 371 1,017,164
96761 Telemetry for Wells 675,952 675,952 675,952 170,803 19,147 486,001 96763 Wellfield Expansion 3,307,310 3,307,310 3,307,310 2,906,659 394,894 5,757 96764 RO Plant Exp Res #1 17,482,485
17,482,485 17,482,485 3,935,495 1,268,833 12,278,157 96766 Water Quality Monitoring Devices 600,000 600,000 -600,000 8,255 591,745 28 96767 RO Plant at Res #2 9,037,345 10,760,070 10,760,070
1,916,401 4,582,308 4,261,361 96768 Rebate Well, Lk, Pnd Irr Abandmt 225,000 225,000 225,000 51,968 173,032 96771 Water Supply Pick-up Truck 20,000 20,000 1 1,916 31,916 0 31,916 29
96772 Double Line Stop Equipment 40,000 40,000 40,000 39,623 377 96773 Groundwater Replenishment Facili 768,140 768,140 768,140 768,140 96774 Automated Meter Reading 3,000,000 3,000,000
3,000,000 3,000,000 Sub-Total 139,907,751 143,197,024 (1,006,372) 142,190,652 93,387,734 11,774,087 37,028,832 Sewer System 96202 WWTP Screw Pump Replacement 1,906,860 2,015,935 1 ,657,609
3,673,544 170,756 1,753,918 1,748,870 17 96203 SCBA Equipment 42,540 42,540 42,540 42,540 96611 Bio-Solids Treatment 10,003,784 10,004,992 10,004,992 7,663,580 17,800 2,323,612 96615
Odor Control 1,197,546 1,209,474 1,209,474 722,395 39,860 447,220 96619 WWTP Generator Replacements 5,219,731 5,219,731 5,219,731 2,525,337 214,321 2,480,072 96621 WWTP New Presses 2,908,993
2,912,875 ( 1,657,609) 1,255,266 223,570 1,031,696 20 96622 WWTP Aeration Improve 3,897,000 3,742,700 ( 128,265) 3,614,435 3,614,435 0 21 96624 Liquid Disinfection 1,483,310 1,483,310
1,483,310 1,294,345 178,759 10,206 96630 Sanitary Sewer Extension 6,092,894 6,092,894 6,092,894 1,276,418 684,066 4,132,411 96634 Sanitary Util Reloc Accmmdtn 4,485,693 4,440,657 -4,440,657
3,294,157 69,687 1,076,813 22 96645 Laboratory Upgrade & R&R 1,466,259 1,466,259 1,466,259 806,565 659,694 96654 Facilities Upgrade & Improvement 3,193,347 3,193,347 3,193,347 1,996,515
62,966 1,133,866 96664 WPC R & R 13,243,510 13,134,435 2 ,433,819 15,568,255 11,402,063 130,822 4,035,369 23 96665 Sanitary Sewer R&R 28,982,674 28,982,674 ( 1,287,266) 27,695,408 16,419,662
1,774,584 9,501,161 24 96666 WWTP East Bypass & NE Pump 2,010,400 2,164,700 2,164,700 113,008 1,753,547 298,145 96670 Poll Stor Tank Remov-WPC 207,756 207,756 207,756 199,105 8,650 96686
Pump Station Replacement 16,119,027 16,119,027 -16,119,027 12,589,579 650,590 2,878,859 25 Sub-Total 102,461,324 102,433,306 1 ,018,288 103,451,594 64,311,490 7,330,920 31,809,184 30
Attachment number 15 Page 5 of 6 Item # 7
CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/10
Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 1,989,294 2,004,794 2,004,794 1,027,752 443,840 533,202 96365 Line Relocation-Pinellas
Maint 1,706,927 1,706,927 1,706,927 422,431 1,284,496 96367 Gas Meter Change Out-Pinellas 1,340,000 1,340,000 1,340,000 259,916 1,080,084 96374 Line Relocation-Pinellas Capital 3,036,983
3,036,983 3,036,983 1,992,825 176,354 867,804 96376 Line Relocation -Pasco Maint 680,000 680,000 680,000 27,618 652,382 96377 Pinellas New Main /Service Lines 15,904,939 15,946,884 7
,454 15,954,339 13,098,172 2,856,167 18 96378 Pasco New Mains /Service Lines 11,219,468 11,219,468 11,219,468 8,093,241 3,126,226 96379 Pasco Gas Meter Change Out 870,000 870,000 870,000
101,789 768,211 96381 Line Reloc-Pasco-Capital 755,000 755,000 755,000 2,535 752,465 96382 Gas Inventory -Work Mgmt Sys 992,000 992,000 992,000 812,160 14,930 164,910 96384 Gas Building
Renovation 899,675 899,675 899,675 480,880 418,795 96385 Gas Main Extensions 1,357,845 1,357,845 1,357,845 738,516 619,329 96386 Expanded Energy Conservation 2,275,709 825,709 825,709
244,117 520 581,072 96387 Natural Gas Vehicle 200,000 2,100,000 2,100,000 544,101 1,555,899 Sub-Total 43,227,840 43,735,285 7 ,454 43,742,739 27,846,053 635,644 15,261,041 Solid Waste
96426 Facility R & R 1,761,745 1,761,745 1,761,745 1,336,510 95 425,140 96438 Vehicle Acquisition 906,461 906,461 ( 113,341) 793,121 777,258 15,863 19 96443 Res Container Acquisition-II
971,741 971,741 971,741 597,668 93,436 280,637 96444 Comm Container Acquisition-II 1,950,020 1,950,020 1,950,020 1,165,527 130,577 653,916 Sub-Total 5,589,967 5,589,967 (113,341) 5,476,627
3,876,963 224,108 1,375,556 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 150,283 9,250 96523 Pub Utilities Adm Bldg R&R 342,184 342,184 342,184 205,788 4,491
131,906 Sub-Total 501,717 501,717 -501,717 356,070 4 ,491 141,156 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 671,925 420,899 251,026 96805 Recyc Expan/Prom/R&R 1,241,525
1,241,525 1,241,525 710,018 531,507 Sub-Total 1,913,450 1,913,450 -1,913,450 1,130,917 -782,533 TOTAL ALL PROJECTS 527,692,611 530,704,914 (429,533) 530,275,382 332,436,789 34,444,005
163,394,587 31 Attachment number 15 Page 6 of 6 Item # 7
Special Program Fund Mid Year Budget Amendments January 1, 2011 -March 31, 2011 Increase/Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description
Amendment Public Safety Programs 1 99261 (1,398) (19,072) AmeriCorps Clearwater 2010 -To record a budget decrease of $20,470.01 representing a budget decrease of $1,397.79 in State grant
revenue, and the transfer of $19,072.22 in Fines, Forfeitures & Penalty revenue to project 181-99331, Special Law Enforcement Trust Fund. This will return the revenue to the project
it was originally transferred from and close the project. (20,470) 2 99264 8,484 School Resource Officers -To record a budget increase of $8,483.66 in revenue from the Pinellas County
School Board representing reimbursements received for overtime worked at school functions. 8,484 3 99317 6,667 Police Education Fund -To record a budget increase of $6,667.01 in Police
Education Fine revenue. This will bring the budget in line with actual revenue received. 6,667 4 99329 29,370 Investigative Cost Recovery -To record a budget increase of $29,369.75 in
Fines, Forfeitures, and Penalties revenue. This will bring the budget in line with actual revenue received. 29,370 5 99330 139,957 Florida Contraband Forfeiture Fund -To record a budget
increase of $139,957.34 in Fines, Forfeitures, and Penalties revenue. This will bring the budget in line with actual revenue received. 139,957 6 99331 19,072 Special Law Enforcement
Trust Fund -To record a budget transfer in Fines, Forfeitures & Penalties revenue from project 181-99261, AmeriCorps 2010, in order to close that project. 19,072 7 99350 7,134 Vehicle
Replacement -To record a budget transfer of $7,134.00 in Police Services Revenue from project 181-99908, Extra Duty Program. This represents revenue collected for the previous quarter
(January through March 2011) for vehicle usage on extra duty jobs. 7,134 8 99387 63,296 Federal Forfeiture Sharing -To record a budget increase of $63,296.44 representing revenue from
the US Department of Justice. This reflects actual revenue received and will bring the budget in line with actual revenue in the project. 63,296 Public Safety Program Totals: 246,376
7,134 253,510 32 Attachment number 16 Page 1 of 3 Item # 7
Special Program Fund Mid Year Budget Amendments January 1, 2011 -March 31, 2011 Increase/Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description
Amendment Miscellaneous Programs: 9 99851 625,457 Special Events -To record a $625,457.21 budget increase representing; $405,551.85 in Sales, $11,200.00 in Sponsorships, $1,700.00 in
Memberships/Registrations, $31,367.00 in Donations, $5,078.95 in Rentals, $170,559.41 in Reimbursements; to match budgeted revenue with actual revenue received. 625,457 10 99868 115,507
Federal Early Retiree Reinsurance Program -To record a budget increase of $115,506.75 to recognize revenues received under the Federal Early Retiree Reinsurance Program. 115,507 11 99871
249 State Brownfield Redevelopment -To record a $248.52 budget increase in interest earnings to match budgeted revenues with actual revenues received. 249 12 99874 (441,007) Retirement
Incentive Program -To record a $441,007.30 budget decrease returning funds to appropriate funds as follows and closing the project. Funds to be returned include $217,299.85 to the General
Fund, $2,488.86 to the Stormwater Fund, $156,633.08 to the Water & Sewer Fund, $150.63 to the Gas Fund, $10,005.72 to the Solid Waste Fund, $4,710.40 to the Recycling Fund, $9,888.26
to the Parking Fund, $ 36,511.46 to the Administrative Services Fund, $38.23 to the General Services Fund, and $3,280.81 to the Garage Fund. (441,007) 13 99889 10 Teen Club -To record
a $10.20 budget increase in donations to match budgeted revenues with actual revenues received. 10 14 99899 (131,662) GASB 34 Implementation -To close the project and return the remaining
balance to the General Fund. $4,200 of this balance will be allocated to the Finance Department operating budget to cover the cost of the fiscal 2011 OPEB actuary report and the balance
of $127,461.59 will be returned to General Fund reserves. (131,662) 15 99908 167,527 (7,134) Police Extra Duty Program -To record a net budget increase of $160,393.00 in Police Services
revenue. Amendments include: 1) an increase of $167,527 in Police Services revenue to reflect actual revenue collected for extra duty jobs; and 2) a transfer of $7,134.00 in Police Services
revenue to project 181-99350, Vehicle Replacement representing revenue collected when police vehicles were requested. 160,393 33 Attachment number 16 Page 2 of 3 Item # 7
Special Program Fund Mid Year Budget Amendments January 1, 2011 -March 31, 2011 Increase/Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description
Amendment 16 99910 3,421 Library Special Account -To record a budget increase of $3,421.06 in donations revenue to match budgeted revenues with actual revenues received. 3,421 17 99928
200 Nagano Sister City Program -To record a budget increase of $200.00 in donations revenue to match budgeted revenues with actual revenues received. 200 18 99962 (5,892) P & R Gift
Giving Program -To record a net budget decrease of $5,891.55 including a budget decrease of $6,041.55 in donations, a decrease of $50 in sales, and an increase of $200 in sponsorships
to match budgeted revenues with actual revenues received. (5,892) 19 99970 1,104 Tree Replacement Program -To record $1,104 budget increase in fines, forfeitures & penalties to match
budgeted revenues with actual revenues received. 1,104 Miscellaneous Programs Total: 334,914 (7,134) 327,780 Grand Total: 581,291 0 581,291 34 Attachment number 16 Page 3 of 3 Item #
7
SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2010 Prev
Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 4 5,050 45,050 -45,050 33,910 -11,140 99144 Boos Development Mitigation 2 50,000
250,000 -250,000 62,730 186,870 400 99856 Stimulus -LEED Training Certification 1 8,000 18,000 -18,000 14,419 -3,581 99857 Stimulus -Electronic Plan Submittal & Rev 244,000 244,000 -244,000
112,000 -132,000 99858 Stimulus -Clearwater Energy Strategies 3 50,000 350,000 -350,000 174,125 -175,875 Sub-Total 907,050 907,050 -907,050 397,184 186,870 322,996 PUBLIC SAFETY PROGRAMS
99254 Homeless Shelter 1 00,000 100,000 -100,000 100,000 --C 99255 AmeriCorp Clearwater 2011 -242,882 -242,882 47,284 -195,598 99256 Human Trafficking Task Force Contd -146,150 -146,150
1,197 -144,953 99257 In-car Dig. Cam & M/C Helmets 8 7,366 87,366 -87,366 87,349 -17 99258 Pedestrian Safety Enhancement 5 0,000 50,000 -50,000 31,155 -18,845 99259 Hispanic Outreach
Center 1 00,000 61,210 -61,210 61,210 -0 C 99261 Americorps Clearwater 2010 2 09,123 209,123 (20,470) 188,653 188,653 --C 1 99262 Investigative Cost Recovery Officers 5 64,980 535,066
-535,066 535,066 -0 C 99264 School Resource Officers 5 56,699 561,288 8,484 569,772 455,694 -114,078 2 99268 Human Trafficking Immersion Training 9 9,730 70,568 -70,568 70,568 --C 99275
Bulletproof Vest Partnership '06 3 5,801 11,834 -11,834 11,834 -0 C 99277 Clearwater Human Trafficking 5 00,000 500,000 -500,000 445,314 -54,686 99279 Police Recruitments 5 0,155 50,155
-50,155 41,877 -8,278 99281 Fed Forfeitures -Treasury 1 43,330 146,456 -146,456 93,629 22,089 30,738 99290 Traffic Safety Fund 1,841 1,841 -1,841 1,831 -1 0 99310 K-9 Equipment 3 1,283
31,283 -31,283 31,271 -1 2 99316 Police Volunteers 1 15,421 115,421 -115,421 103,716 -11,705 99317 Police Education Fund 1 ,092,396 1,107,029 6,667 1,113,696 997,366 -116,330 3 99325
Citizen's Police Academy 3 9,113 39,113 -39,113 30,356 -8,757 99329 Investigative Recovery Costs 1 ,387,860 1,480,650 29,370 1,510,019 1,353,126 10,136 146,757 4 99330 FL Contraband
Forfeiture Fnd 7 95,741 853,984 139,957 993,941 583,551 -410,390 5 99331 Law Enforcement Trust Fd 2 ,807,691 2,842,632 19,072 2,861,705 2,496,828 80,640 284,237 6 99350 Vehicle Replacement
Fund 1 50,491 160,761 7,134 167,895 --167,895 7 99353 DUI Education Program 3 ,000 3,500 -3,500 1,420 -2,080 99356 Safe Neighborhood Program 3 57,885 432,885 -432,885 307,880 -125,005
99364 Crime Prevention Program 2 3,095 23,095 -23,095 21,797 92 1,206 99387 Federal Forfeiture Sharing 1 ,036,022 1,339,471 63,296 1,402,768 912,645 33,506 456,617 8 Sub-Total 10,339,022
11,203,763 253,510 11,457,274 9,012,617 146,463 2,298,194 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 1 15,000 115,000 -115,000 49,334 -65,666 99620 Public Facilities 2009
2 01,475 201,475 -201,475 201,475 --99627 CDBG-R East Gateway Façade Imprmt 8 0,000 80,000 -80,000 75,053 -4,947 99628 CDBG-R East Gateway Sidewalk Imprmt 1 46,395 146,395 -146,395 133,706
12,690 -99629 CDBG-R Program Administration 2 5,154 25,154 -25,154 17,176 -7,978 99630 Public Facilities 2010 5 76,867 576,867 -576,867 195,710 -381,157 99631 Economic Development 2010
1 1,596 11,596 -11,596 11,596 -0 99632 Housing Rehab 2010 3 25,921 325,921 -325,921 106,175 -219,746 99633 Program Administration 2010 1 86,562 186,562 -186,562 182,571 -3,991 99634
Fair Housing 2010 2 9,984 29,984 -29,984 29,984 -(0) 99635 Relocation/Demolition 2010 8 3,929 83,929 -83,929 34,753 -49,176 99636 Infill Housing 2010 3 89,674 389,674 -389,674 34,986
-354,688 99637 Public Services 2010 1 49,632 149,632 -149,632 133,691 15,941 -99638 Public Facilities 2011 3 46,306 346,306 -346,306 -151,306 195,000 99639 Economic Development 2011
1 0,000 10,000 -10,000 --10,000 99640 Housing Rehab 2011 2 51,542 251,542 -251,542 60,920 -190,622 99641 Program Administration 2011 2 00,987 200,987 -200,987 91,197 -109,790 99644 Infill
Housing 2011 2 5,000 25,000 -25,000 24,687 -313 99645 Public Services 2011 1 71,102 171,102 -171,102 36,574 122,028 12,500 Sub-Total 3,327,126 3,327,126 -3,327,126 1,419,588 301,965
1,605,574 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 4 08,437 414,586 -414,586 141,019 22,000 251,567 99562 HUD Special Education 3 0,000 30,000 -30,000 26,400 -3,600 Sub-Total
438,437 444,586 -444,586 167,419 22,000 255,167 35 Attachment number 17 Page 1 of 2 Item # 7
SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2010 to March 31, 2011 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2010 Prev
Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 6 52,398 666,498 -666,498 134,480 -532,018 99707 Beach Guard Donations 8 2,763 82,763 -82,763
82,317 -446 Sub-Total 735,161 749,261 -749,261 216,797 -532,464 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1 ,200,000 1,200,000 -1,200,000 225,663 -974,337 99804 City Manager's
Flexibility Fund 1 ,041,404 1,041,404 -1,041,404 751,372 26,375 263,657 99835 JWB Programmer N. Greenwood 3 39,780 339,780 -339,780 306,835 -32,945 99844 United Way 6,080 6 ,080 -6,080
4,689 -1,391 99846 Economic Development -QTI 7 6,960 78,585 -78,585 52,116 -26,469 99851 Special Events 5 ,083,243 5,466,051 625,457 6,091,508 5,482,251 47,509 561,748 9 99854 Brownfield
EPA Assessment 4 00,000 399,858 -399,858 399,858 --C 99855 EPA Brownfield Recovery Assessment 4 00,000 400,000 -400,000 217,912 24,372 157,716 99862 Employee Health Clinic 1 ,750,000
1,750,000 -1,750,000 1,013,256 -736,744 99863 Pension Changes 2 00,000 200,000 -200,000 56,838 -143,162 99868 Federal Early Retiree Reinsurance 115,507 115,507 115,507 10 99869 Health
Prevention Program -35,185 -35,185 3,461 -31,724 99871 State Brownfields Redevelopment Acct 1 61,905 162,672 249 162,921 109,041 -53,880 11 99872 Coordinated Child Care -Ross Norton
1 00,369 186,657 -186,657 84,999 -101,658 99873 Coordinated Child Care -No. Greenwood 1 00,369 221,741 -221,741 98,966 -122,775 99874 Reitrement Incentive Program 4 ,700,000 4,700,000
(441,007) 4,258,993 4,258,993 --C 12 99875 Public Art Donations 2 7,500 27,500 -27,500 27,500 --C 99889 Teen Club 4 ,258 4 ,258 10 4,269 3,895 -374 13 99898 Fire Dept Honor Guard 1 6,979
16,979 -16,979 16,218 -761 99899 GASB 34 Implementation 2 38,000 238,000 (131,662) 106,338 106,338 --C 14 99908 Police -Outside Duty 5 ,236,793 5,598,741 160,393 5,759,134 5,819,967
-(60,833) 15 99910 Library Special Account 6 47,922 662,987 3,421 666,408 554,256 -112,152 16 99925 Peg Access Support 8 38,261 838,261 -838,261 741,836 8,275 88,150 99927 Emergency
Operations 5 ,125,807 5,125,907 -5,125,907 2,921,486 -2,204,421 99928 Nagano Sister City Program 8 7,437 87,537 200 87,737 68,381 -19,356 17 99950 IDB Fees 54,131 54,131 -54,131 32,830
-21,301 99962 Parks & Rec Gift Giving Pgm 1 ,368,110 1,368,110 (5,892) 1,362,219 1,353,289 -8,930 18 99970 Tree Replacement Project 1 ,049,287 1,110,194 1,104 1,111,298 629,069 -482,229
19 99982 EMS Incentive/Recognition 6 9,700 69,700 -69,700 41,088 -28,612 99983 Local Mitigation Strategy 5 0,000 50,000 -50,000 49,951 -49 99997 Main Library Field Trust 1 15,571 115,571
-115,571 30,000 -85,571 99998 Safety Village 2 8,766 28,766 -28,766 21,716 -7,050 Sub-Total 30,518,632 31,584,657 327,780 31,912,437 25,484,070 106,531 6,321,836 TOTAL ALL PROJECTS 46,265,428
48,216,443 581,291 48,797,734 36,697,674 763,829 11,336,231 36 Attachment number 17 Page 2 of 2 Item # 7
City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2010/11 Increase/(Decrease) Description Revenues Infrastructure Sales Tax (525,000) Mid year amendments reflect an estimated reduction
of $525,000 in infrastructure sales tax revenues for the fiscal year. Revenues to date are approximately 7% less than receipts for the same period last fiscal year. Transportation Impact
Fees 395,000 Mid year amendments to transportation impact fees reflect an increase of approximately $395,000 as follows: an increase of approximately $175,000 is primarily due to receipts
related to the Trilogy Medical Center on McMullen Booth road. The balance of $220,000 is anticipated from the City's share of receipts from the Flag Scientology building in the downtown
district. $ (130,000) Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 0 No amendments are proposed at mid year. $ -Net Expenditure Amendments 37 Attachment number
18 Page 1 of 1 Item # 7
SPECIAL REVENUE FUNDS Mid Year: October 1, 2010 -March 31, 2011 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2010/11 2010/11 2010/11 Amendments SPECIAL DEVELOPMENT
FUND Revenues: Ad Valorem Taxes 1,864,560 1,864,560 1,864,560 Infrastructure Tax 8,025,340 8,025,340 7,500,340 (525,000) Interest Earnings 25,000 25,000 25,000 Open Space Fees 20,000
20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 25,000 Transportation Impact 100,000 100,000 495,000 395,000 Local Option
Gas Tax 1,400,000 1,400,000 1,400,000 Allocation of Designated Reserves 4,242,530 4,483,594 4,483,594 Allocation of Undesignated Reserves ---Transfer-In from Capital Improvement Plan
---15,727,430 15,968,494 15,838,494 (130,000) Expenditures: Transfer to Capital Improvement Fund Road Millage 2,092,430 2,092,430 2,092,430 Infrastructure Tax 11,850,000 6,118,840 6,118,840
Recreation Facility Land Fees -168,599 168,599 Open Space Impact Fees -72,465 72,465 Transportation Impact fees 290,000 290,000 290,000 Local Option Gas Tax 1,389,100 1,389,190 1,389,190
Developer Contributions -Public Art ---Undesignated Special Development ---Debt Service on Penny for Pinellas Bonds ---15,621,530 10,131,524 10,131,524 -38 Attachment number 19 Page
1 of 2 Item # 7
SPECIAL REVENUE FUNDS Mid Year: October 1, 2010 -March 31, 2011 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2010/11 2010/11 2010/11 Amendments SPECIAL PROGRAM
FUND Revenues: CDBG/Home Funds 1,569,990 1,569,990 1,569,990 Interest Earnings 250,000 274,143 274,392 249 Grant Funds -474,899 660,788 185,889 Other Governmental Revenue -6,172 6,172
Police Fines and Court Proceeds -675,108 1,019,733 344,625 Donations -15,743 44,700 28,957 Sales -245,271 650,773 405,502 Rentals -16,955 22,034 5,079 Sponsorships -63,187 74,587 11,400
Memberships/Registrations -2,572 4,272 1,700 Contractual Services -426,964 597,523 170,559 Transfers from General Fund --(348,961) (348,961) Sister City Program 3,000 3,000 3,000 City
Manager's Flexibility Fund 75,000 75,000 75,000 Special Events 70,000 70,000 70,000 Homeless Shelter Program 100,000 100,000 100,000 Transfers from Water & Sewer Fund --(156,633) (156,633)
Transfers from Gas Fund --(151) (151) Transfers from Solid Waste Fund --(10,006) (10,006) Transfers from Recycling --(4,710) (4,710) Transfers from Stormwater Fund --(2,489) (2,489)
Transfers from Parking --(9,888) (9,888) Transfers from General Service Fund --(38) (38) Transfers from Garage Fund --(3,281) (3,281) Transfers from Administrative Services Fund --(36,511)
(36,511) 2,067,990 4,019,004 4,600,295 581,291 Expenditures: CDBG/Home Funds 1,569,990 1,569,990 1,569,990 Planning ---Public Safety -864,740 1,111,117 246,376 Community Development
---Social Services -6,150 6,150 Marine -14,100 14,100 Sister City Program 3,000 3,000 3,000 City Manager's Flexibility Fund 75,000 75,000 75,000 Special Event Funding 70,000 70,000 70,000
Homeless Shelter Program 100,000 100,000 100,000 Other Miscellaneous Programs -1,066,024 1,400,938 334,914 1,817,990 3,769,004 4,350,295 581,291 39 Attachment number 19 Page 2 of 2 Item
# 7
City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2010 /11 40 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and
execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based
on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases
do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty
(60) days, in any one change or cumulatively for the same project. ***** 03/24/11 Administrative Change Order #2 – 2010 Street Resurfacing Contract (10-0022-EN). This change order is
for the purpose of approving a time extension of fiftynine (59) days to complete work added to the contract, no change in contract amount. R.E. Purcell Construction Co., Inc. 0.00 04/06/11
Administrative Change Order #3 – Morningside Traffic Calming (07-0038-EN). This change order is needed for engineering adjustments to increase and add items due to unanticipated field
conditions. R.A.M. Excavating, Inc. 87,565.98 04/07/11 Administrative Change Order #1 and final – Emergency Rehabilitation of Lift Station 14 (10-0052-UT). This change order is needed
to decrease contingency and add items due to unanticipated field conditions for a net decrease to the contract amount. TLC Diversified, Inc. (1,819.05) 04/11/11 Administrative Change
Order #5 and final – East Avenue Trail Connector from Turner Street to Drew Street (09-0023-EN). This change order is needed to decrease items that are under-runs and close out the project.
APAC Southeast, Inc. (29,786.00) 04/15/11 Administrative Change Order #1 and final – 2401 Drew Street Storm Drainage Improvements Project (08-0059-EN). This change order is needed to
adjust quantities not used and decrease the full contingency amount to close out the contract. R. Cobb Construction Co., Inc. (11,915.94) Attachment number 20 Page 1 of 2 Item # 7
City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2010 /11 41 05/09/11 Administrative Change Order #1 and final – DeLeon Street Improvements (09-0055-EN). This
change order is needed to adjust quantities not used, to increase and add items and to close out the project. Steve’s Excavating & Paving, Inc. (4,722.98) 05/12/11 Administrative Change
Order #3 – 2010 Street Resurfacing Contract (10-0022-EN). This change order is needed to adjust to quantities actually used in the field resulting in a net increase to the contract amount.
R.E. Purcell Construction Co., Inc. 6,479.15 05/17/11 Administrative Change Order #2 –Morningside Reclaimed Water (05-0022-UT). This change order is needed to increase, decrease and
add items due to additional work added to the contract. These changes result in a net decrease to the contract and a time extension is added for forty-eight (48) days. Volt Information
Sciences, Inc. (163,870.83) 05/17/11 Administrative Change Order #2 and final – Water Treatment Plants 1 & 3 Wellfield Expansion Phase 2-Raw Water Mains (07-0037-UT). This change order
is needed to adjust to quantities actually used, add items due to unforeseen field conditions, and to close out the project. Suncoast Development of Pinellas County, Inc. (123,592.12)
Attachment number 20 Page 2 of 2 Item # 7
Ordinance 42 No. 8265-11 ORDINANCE NO. 8265-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, RECYCLING
FUND, GAS FUND, MARINE FUND, AIRPARK FUND, CLEARWATER HARBOR MARINA FUND, PARKING FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND,
AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2011, for operating purposes, including debt service, was adopted by Ordinance
No. 8216-10; and WHEREAS, at the Mid Year Review it was found that an increase of $3,261,578 is necessary for revenues and an increase of $142,271 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year;
now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8216-10 is amended to read: Pursuant to the Amended City
Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2010 and ending September 30, 2011 a copy of which is on file with the City Clerk, the City Council hereby
adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED
ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to
form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 21 Page 1 of 1 Item # 7
EXHIBIT A 2010-11 BUDGET REVENUE First Quarter Mid Year Original Amended Amended Budget Budget Budget 2010/11 2010/11 2010/11 Amendments General Fund: Property Taxes 37,271,490 37,271,490
37,271,490 Franchise Fees 10,575,000 10,575,000 10,575,000 Utility Taxes 12,858,380 12,858,380 12,858,380 Licenses, Permits & Fees 3,615,000 3,615,000 3,615,000 Sales Tax 5,150,000 5,150,000
5,150,000 Communications Services Tax 6,610,160 6,610,160 6,610,160 Intergovernmental Revenues 11,242,160 11,246,885 11,258,111 11,226 Charges for Current Services 3,814,050 3,814,050
3,806,050 (8,000) Fines & Forfeitures 688,800 688,800 688,800 Interest Income 1,240,000 1,240,000 1,240,000 Miscellaneous 809,000 809,740 809,740 Interfund Charges /Transfers In 16,926,050
16,926,050 17,285,624 359,574 Transfer from Surplus 670,260 3,106,561 3,838,387 731,826 Total, General Fund 111,470,350 113,912,116 115,006,742 1,094,626 Special Revenue Funds: Special
Development Fund 15,727,430 15,968,494 15,838,494 (130,000) Special Program Fund 2,067,990 4,019,004 4,600,295 581,291 Local Housing Asst Trust Fund ---Utility & Other Enterprise Funds:
Water & Sewer Fund 63,870,330 64,129,612 64,286,245 156,633 Stormwater Utility Fund 15,348,250 15,351,650 15,354,139 2,489 Solid Waste Fund 19,037,120 19,047,020 19,381,526 334,506 Gas
Fund 40,163,760 40,169,560 39,353,561 (815,999) Recycling Fund 2,864,150 2,980,569 3,033,409 52,840 Airpark Fund 240,250 341,807 453,356 111,549 Marine Fund 4,439,280 4,440,580 4,690,580
250,000 Clearwater Harbor Marina 412,850 413,250 364,250 (49,000) Parking Fund 4,990,380 5,109,365 5,119,253 9,888 Harborview Center Fund 59,850 28,850 28,850 Internal Service Funds:
Administrative Services Fund 9,331,920 9,335,620 9,372,131 36,511 General Services Fund 4,811,930 4,815,930 4,815,968 38 Garage Fund 12,145,510 12,249,110 12,252,391 3,281 Central Insurance
Fund 18,503,470 19,403,470 21,026,395 1,622,925 Total, All Funds 325,484,820 331,716,007 334,977,586 3,261,578 43 Ordinance #8265-11 Attachment number 22 Page 1 of 2 Item # 7
EXHIBIT A (Continued) 2010-11 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2010/11 2010/11 2010/11 Amendments General Fund: City Council 280,450
280,450 281,650 1,200 City Manager's Office 1,204,940 1,204,940 1,204,940 City Attorney's Office 1,538,740 1,538,740 1,538,740 City Auditor's Office 185,080 185,080 185,080 Economic
Development & Housing Svc 1,347,210 1,347,310 1,347,310 Engineering 7,283,430 7,287,030 7,287,030 Finance 2,180,180 2,180,780 2,184,980 4,200 Fire 22,406,590 22,407,090 22,407,090 Human
Resources 1,052,110 1,052,110 1,052,110 Library 5,718,790 5,723,990 5,773,490 49,500 Marine & Aviation 540,540 541,040 575,540 34,500 Non-Departmental 3,254,400 3,254,400 6,551,336 3,296,936
Office of Management & Budget 289,500 289,500 289,500 Official Records & Legislative Svcs 962,750 963,150 1,010,150 47,000 Parks & Recreation 19,006,070 19,121,435 19,068,435 (53,000)
Planning & Development 4,461,860 4,465,260 4,465,260 Police 36,371,290 36,384,255 36,395,481 11,226 Public Communications 950,320 950,420 950,420 Public Services 2,436,100 2,438,200
2,438,200 Allocation to Reserves -2,296,936 -(2,296,936) Total, General Fund 111,470,350 113,912,116 115,006,742 1,094,626 Special Revenue Funds: Special Development Fund 15,621,530
10,131,524 10,131,524 Special Program Fund 1,817,990 3,769,004 4,350,295 581,291 Local Housing Asst Trust Fund ---Utility & Other Enterprise Funds: Water & Sewer Fund 63,870,330 64,129,612
64,129,612 Stormwater Utility Fund 14,496,950 14,500,350 14,500,350 Solid Waste Fund 17,963,990 17,761,530 17,476,780 (284,750) Gas Fund 34,886,010 34,891,810 33,461,884 (1,429,926)
Recycling Fund 2,864,150 2,866,050 2,881,080 15,030 Airpark Fund 188,560 290,117 330,117 40,000 Marine Fund 4,414,770 4,416,070 4,636,070 220,000 Clearwater Harbor Marina 410,760 411,160
317,160 (94,000) Parking Fund 4,463,390 4,582,375 4,582,375 Harborview Center Fund 59,850 28,850 28,850 Internal Service Funds: Administrative Services Fund 9,130,020 9,133,720 9,133,720
General Services Fund 4,811,930 4,815,930 4,815,930 Garage Fund 12,138,430 12,242,030 12,242,030 Central Insurance Fund 17,483,090 17,883,090 17,883,090 Total, All Funds 316,092,100
315,765,338 315,907,609 142,271 44 Ordinance #8265-11 Attachment number 22 Page 2 of 2 Item # 7
45 Ordinance No. 8267-11 ORDINANCE NO. 8267-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011,
TO REFLECT A NET DECREASE OF $429,533, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2011 was adopted by Ordinance No.
8217-10; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally
adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section
1. Section 1 of Ordinance No. 8217-10 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October
1, 2010 and ending September 30, 2011, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the
City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ______________________________ ______________________
______ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 23 Page 1 of 1 Item # 7
First Qtr Mid Year Original Amended Amended Budget Budget Budget 2010/11 2010/11 2010/11 Amendments Fire Protection 1,020,790 1,464,410 1,464,410 Major Street Maintenance 3,316,620 5,376,704
3,753,779 (1,622,925) Intersections 435,000 435,000 435,000 Sidewalks & Bike Trails 0 361,673 361,673 Parking 300,000 300,000 300,000 Miscellaneous Engineering 8,035,000 35,000 35,000
Land Acquisition 0 330,000 322,968 (7,032) Park Development 4,605,500 7,697,340 7,757,340 60,000 Marine Facilities 220,000 861,285 1,861,285 1,000,000 Airpark Facilities 10,000 516,788
779,488 262,700 Libraries 635,310 635,310 635,310 Garage 2,951,600 2,951,600 2,951,600 Maintenance of Buildings 204,500 204,500 204,500 Miscellaneous 840,000 840,000 811,695 (28,305)
Stormwater Utility 4,629,450 4,437,764 4,437,764 Gas System 2,700,000 3,207,445 3,214,899 7,454 Solid Waste 415,000 415,000 301,659 (113,341) Utilities Miscellaneous 24,000 24,000 24,000
Sewer System 6,207,000 6,178,981 7,197,269 1,018,288 Water System 16,199,840 19,489,113 18,482,741 (1,006,372) TOTAL 52,749,610 55,761,913 55,332,380 (429,533) GENERAL SOURCES: General
Operating Revenue 1,630,040 3,066,976 4,056,364 989,388 General Revenue/County Co-op 635,310 635,310 635,310 Road Millage 2,092,430 2,092,430 2,092,430 Penny for Pinellas 11,850,000
6,118,840 6,118,840 Transportation Impact Fee 290,000 290,000 290,000 Local Option Gas Tax 1,389,190 1,389,190 1,389,190 Recreation Land Impact Fee 0 168,599 168,599 Open Space Impact
Fee 0 72,465 72,465 Special Program Fund 25,000 25,000 25,000 Grants -Other Agencies 200,000 200,000 200,000 Other Governmental 0 3,706,898 3,716,898 10,000 Property Owner's Share 0
41,945 49,399 7,454 Community Redevelopment Agency 0 2,299,927 2,299,927 Insurance Proceeds 0 49,399 49,399 Donations 0 0 50,000 50,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL
YEAR 2010/11 46 Ordinance # 8267-11 Attachment number 24 Page 1 of 2 Item # 7
First Qtr Mid Year Original Amended Amended Budget Budget Budget 2010/11 2010/11 2010/11 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 SELF SUPPORTING FUNDS:
Marine Revenue 80,000 80,000 80,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 10,000 111,357 151,357 40,000 Parking Revenue 310,000 426,285 426,285 Utility
System: Water Impact Fees 250,000 250,000 250,000 Sewer Impact Fees 500,000 500,000 500,000 Utility R&R 2,677,600 2,677,600 2,677,600 Water Revenue 6,020,070 6,020,070 6,020,070 Sewer
Revenue 2,666,600 2,666,600 2,666,600 Stormwater Utility Revenue 4,331,450 4,331,450 4,331,450 Gas Revenue 2,700,000 2,700,000 2,700,000 Solid Waste Revenue 415,000 415,000 415,000 Grants
-Other Agencies 0 855,431 1,015,431 160,000 INTERNAL SERVICE FUNDS: Garage Revenue 40,000 40,000 40,000 Administrative Services Revenue 350,000 350,000 350,000 Central Insurance Fund
0 (500,000) (2,122,925) (1,622,925) BORROWING -GENERAL SOURCES: Lease Purchase -General Fund 645,750 1,039,971 1,077,946 37,975 BORROWING -SELF SUPPORTING FUNDS: Lease Purchase -Water
94,770 94,770 106,686 11,916 Lease Purchase -Stormwater 300,000 300,000 300,000 Lease Purchase -Solid Waste 0 0 (113,341) (113,341) Bond Issue -Water & Sewer 10,219,800 10,219,800 10,219,800
BORROWING -INTERNAL SERVICE FUNDS: Lease Purchase -Garage 2,611,600 2,611,600 2,611,600 Lease Purchase -Administrative Services 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES: 52,749,610
55,761,913 55,332,380 (429,533) 47 Ordinance # 8267-11 Attachment number 24 Page 2 of 2 Item # 7
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Reappoint Rick G. Stucker to a four-year term as a trustee of the Clearwater Firefighters’
Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. SUMMARY: The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained
by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist
of two legal residents of the city appointed by the City Council; two city firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members
and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The state law allows trustees to succeed themselves
as board members. This legal resident, City Council appointed seat will become open July 1, 2011. Mr. Stucker is willing to serve another term. He is a city resident and a local business
owner with an insurance background. Once approved, Mr. Stucker is to serve a new, four-year term as a trustee to the seat for the period of July 1, 2011 through June 30, 2015. Review
Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve a contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater, FL for
an amount not to exceed $200,000 for the purchase of Low Sulfur Diesel Fuel for off-road equipment and emergency generators as per the City of Clearwater RFP 17-09 during the contract
period July 1, 2011 through June 30, 2013 and authorize the appropriate officials to execute same. SUMMARY: The fuel purchased under this contract will be used in all off road equipment
and vehicles and stationary and mobile emergency standby generators. The price includes delivery to the various sites. This contract is for five years and staff is exercising the option
for the 3rd and 4th year. This extension will leave one year on the contract. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year
Cost: $95,000 Annual Operating Cost: Not to Exceed: $200,000 Total Cost: $95,000 For Fiscal Year: 2011 to 2013 Appropriation Code Amount Appropriation Comment 566-06611-550500-519-000
$200,000 BPO Bid Required?: Yes Bid Number: RFP 17-09 Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4)
Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 9
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve the first amendment to the Alligator Creek Watershed Management Plan’s Cooperative
funding agreement with the Southwest Water Management District in the amount of $250,000; a Supplemental Work Order to Jones Edmunds, Engineer of Record (EOR) in the amount of $666,607
and authorize the appropriate officials to execute same. SUMMARY: The work order for Phase 1 of the Alligator Creek Watershed Management Plan Update between Jones Edmunds and the City
of Clearwater in the amount of $400,000 and the cooperative funding agreement with Southwest Florida Water Management District (SWFWMD) to fund $200,000 of Phase 1 were approved by Council
on October 22, 2009. Phase I included development of digital topographic information and completion of a watershed evaluation. The watershed evaluation element included: (a) identification
of existing watershed features; (b) information from implemented projects; (c) an inventory of hydraulic and hydrologic features; (d) a preliminary junction and a GIS database of reaches;
and (d) a surface water resource evaluation. Phase I is nearing completion. Phase II will create a revised model and an updated watershed management plan. The model will reflect existing
conditions of the watershed and the revised watershed plan will include projects to reduce flooding, increase water quality and improve natural systems. The revised model will be submitted
to FEMA to update the Flood Insurance Rate Maps to reflect existing conditions' flooding risk. The supplemental work order to Jones Edmunds is for $666,607 for a total amount of $1,066,607.
The amendment to the Cooperative Funding agreement with SWFWMD is an increase of grant funding in the amount of $250,000 for total reimbursement from the District in the amount of $450,000.
Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: $666,607.00 Annual Operating Cost: Not to Exceed:
$666,607.00 Total Cost: $666,607.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0315-96173-561200-539-000-0000 $666,607.00 See Summary Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10
MA IN ST. BAY RD. ST. HARN BAYSIDE BLVD. COUNTRYSIDE RD. BELCHER RD. AVE. N.E. RD. COACHMAN RD. GREENBRIAR MONTCLAIR RD. RD. VIRGINIA ST RD. KEENE ST. BELCHER RD. SR-580 ENTER PRISE
RD. SR-55 SR-590 SR-60 OLD COACHMAN HAMPTON DREW ST. POINTUNION ST. SUNSET SOULE RD. BLVD. ENTERPRISE ND WI ING WOOD WAY McMULLEN BOOTH RD. RD. RD. E. L BLVD ORE SH RD . ST ST PALMETTO
AVE. HERCULES POINT ALLIGATOR CREEK WATERSHED LOCATION MAP Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750,
Fax: (727)526-4755 www.MyClearwater.com Map Gen By: JHH Reviewed By: AM Date: 10/2/2009 Grid #: S-T-R: Scale: N.T.S. Alligator Creek Watershed Outline Legend Watershed Outline Clearwater
Service AreaAttachment number 1 Page 1 of 1 Item # 10
JONES EDMUNDS & ASSOCIATES, INC. SUPPLEMENTAL WORK ORDER FORM for the CITY OF CLEARWATER Date: 5/25/2011 Project Number: 03720-038-01 City Project Number: 09-0035-EN 1. PROJECT TITLE:
Alligator Creek Watershed Management Plan Update 2. SCOPE OF SERVICES: 1 SCOPE OF WORK The following Scope of Work outlines the elements and their associated tasks and the deliverables
included in this Work Order. Jones Edmunds & Associates, Inc. (Jones Edmunds) will perform the required professional services in accordance with the "2002 -Southwest Florida Water Management
District’s Watershed Management Program Guidelines and Specifications" (G&S) and subsequent correspondence and clarifications provided to Jones Edmunds before the execution of this contract,
incorporated herein by reference and "Federal Emergency Management Agency’s Guidelines and Specifications for Flood Hazard Mapping Partners" (Available for download at http://www.fema.gov/plan/preven
t/fhm/dl_cgs.shtm). The scope of work summarizes a list of elements and tasks to be completed. Elements and tasks not included, or to be updated from existing information will be specifically
noted. This phase of the project includes performing elements of a Watershed Management Plan. The range of services to be provided in this work order includes parameterization of a watershed-wide
hydrologic and hydraulic model of the Alligator Creek Watershed and maintaining all that data in the Geographic Watershed Information System (GWIS) v. 1.6 geodatabase, developing the
model and using results to map the 100-Year Floodplain, verifying the model, undergoing a peer-review of the model and results as well as a public notification process, and updating
the model and floodplains based on feedback from that process. In addition, the Jones Edmunds team will perform a Surface Water Resource Assessment and BMP Alternatives Analysis within
the watershed. Attachment number 2 Page 1 of 18 Item # 10
1.0 Project Development 1.1 Initial Meeting – The Jones Edmunds Team will develop an approach outline that will be based on the outline of the “Scope of Work”. Detail will be added specific
to the watershed with details about the anticipated work effort and issues of importance. A meeting will be conducted to present the scope and discuss. Deliverable: Draft Scope of Work
with issues identified for each task and meeting to discuss. 1.2 Project Development/Approach – This task includes documentation and review of the expected project timeline, allocation
of staff resources, and the cost spreadsheet. This is the initial effort, however, additional time should be allocated to this task to periodically update the project timeline, evaluate
staff allocations, and update the Itemized Project Budget spreadsheet. Deliverable: • Itemized Project Budget spreadsheet based on initial draft scope of work. • Entire project timeline
based on the initial scope of work. • Staff allocation spreadsheet based on tasks and staff qualifications. • Resubmittal of Project Development Documents addressing all comments received,
if necessary. 1.3 Quality Assurance and Quality Control Plan – This task includes establishing a communication protocol with members of the project team, the City, and the District,
in order to negotiate and commence the project. The Jones Edmunds team will provide a copy of the communication protocol and the Quality Assurance Plan for review and approval. The project-specific
QA/QC document will outline who will perform specific tasks, who will perform the QA/QC for specific tasks, and the procedures for the QA/QC (e.g. use of LP360, DataQE and submission
of a comment geodatabase). A signed and sealed QA/QC document confirming the work assignments and the QA/QC procedures that were used will be submitted with each deliverable. Deliverable:
• Communication protocol document • CONSULTANT’s Quality Assurance Plan • Project specific QA/QC document Attachment number 2 Page 2 of 18 Item # 10
2.0 WATERSHED MANAGEMENT PLAN PHASE 2.1 Survey The Jones Edmunds Team has identified the need for survey of the following structure types: 402 hydraulic structures (underground pipe
network, culverts and structural weir), 4 bridges, and 34 channel crosssections to be surveyed. The locations of the structures and cross-sections were transmitted during Work Order
1. Surveyed invert elevations and cross-section points will be used in the hydraulic model of the watershed, which will be developed during this Work Order. Work and deliverables covered
under this task will include: • Subconsultant fee to DeGrove Surveyors Inc., the firm which will be performing the cross-section and selected structure survey of the Alligator Creek
watershed. Deliverables will include a signed and sealed survey report. All work will be done in accordance with standards set by SWFWMD for their Watershed Management Program. • Fee
for one Jones Edmunds survey crew to perform selected structure survey on the watershed. Deliverables will include a signed and sealed survey report. All work will be done in accordance
with standards set by SWFWMD for their Watershed Management Program. • General QC by the Jones Edmunds team of the survey data. 2.2 DEM Refinement The Jones Edmunds Team will revisit
the 29 Topographic Void areas identified during Work Order 1 that will have an impact on the surface water model to be developed during this Work Order. Data will be collected from the
appropriate entities and will be incorporated into the DEM as suggested in the Alligator Creek Topographic Void Identification and Approach Memo from Justin Gregory (Jones Edmunds) dated
February 17, 2010. Deliverable: • Refined DEM 2.3 Geodatabase of model features The Jones Edmunds Team will develop the Interconnected Channel and Pond Routing Model (ICPR) specific
schematic from the final generic schematic. Attachment number 2 Page 3 of 18 Item # 10
Deliverable: • Geodatabase feature classes for preliminary model links, nodes, basins and model features to define level of detail • Meeting with the City and District to discuss deliverables
to date 2.4 Watershed Model Parameterization A surface water model will be developed for this project using the computer program ICPR version 3.10 Service Pack 7 with PercPack. This
task covers development of all parameters necessary to set up and simulate the model. Design Storm Rainfall Volumes Simulation of the following rainfall events will also be conducted:
• Mean Annual, 5-Year, 10-Year, 25-Year, 50-Year, and 100-Year 24-hour events using the Florida Modified Type II Distribution Sub-basin Stage-Storage Stage-storage relationships will
be developed for each sub-basin, as appropriate. This process will be conducted using a GIS tool, as automation will reduce hand calculations and improve accuracy. Each subbasin will
be checked for general consistency. For a sampling of subbasins [5%], the stage-storage relationships will be digitized for comparison to the automated results. Doppler Storm Runoff
Generation For model verification purposes, a rainfall coverage for a single storm event meeting or exceeding the magnitude of a mean annual storm event will be developed using Doppler
Radar Rainfall information. It is anticipated that the rainfall data will be available directly from the District (OneRain compiles this data) in one-hour incremental rainfall amounts
over 2-kilometer square grids. The rainfall data will be used to generate a GIS layer and rainfall tables with overlay assignment to each sub-basin. Note: continuous simulation using
Doppler Radar Rainfall is not anticipated for this project. Methodology for Determining Starting Water Levels Initial stages for stormwater management areas and ponds will be established
by the Jones Edmunds team based on best available information such as ERP documents, control feature data, orthophotography, or seasonal high water levels when control feature data are
not applicable. Initial stages in wetland areas may be based on a desktop vegetation/terrain evaluation. Attachment number 2 Page 4 of 18 Item # 10
Methodology for Determining DCIA and NDCIA A discussion with the City and District regarding the proposed methodology will occur before this item is parameterized. Input GIS data for
Green-Ampt processing The Jones Edmunds Team will refer to “SWFWMD Green and Ampt Processing”, 5/6/08 (Guidance Document 6) and “SWFWMD Green and Ampt Analyses Support”, July, 2008 (Guidance
Document 7). Hydrology – The Jones Edmunds team will utilize the previously-derived subbasins and other available GIS data to automate delineation of the hydrologic response units and
required parameters for runoff generation using the Green-Ampt method within the PercPack Plug-In for ICPR. Development of all hydrologic components will be conducted with automated
GIS methods using ArcHydro and/or in-house GIS tools. All hydrologic data will also be individually verified and methods of verification will be documented. Methodology for Times of
Concentration Time of Concentration will be calculated using TR-55 Methodology, considering the longest travel time to be the longest flow path. This methodology will be discussed with
the City and District. Methodology for Modeling Percolation; The Jones Edmunds team will refer to “SWFWMD Green and Ampt Processing”, 5/6/08 (Guidance Document 6) and “SWFWMD Green and
Ampt Analyses Support”, July, 2008 (Guidance Document 7). Percolation Where applicable, percolation of ponded surface water into the ground will be accounted for in the ICPR model by
use of a new function in the PercPack Plug-In available from Streamline Technologies. The necessary soil input parameters will be collected from existing data sources, including: ERP
documentation, County and City development records, and existing generalized soils data from SSURGO, USDA soil maps and IFAS. If field verified data is determined to be necessary for
some areas, geotechnical investigation may be recommended to the refinement of percolation link parameters. A set of “percolation polygons” will need to be developed to establish the
delineation between infiltration of water into the ground being estimated by hydrology (Green-Ampt) and percolation (outfall in ICPR). Iterations may be necessary in adjusting these
polygons if resulting peak stages do not adequately approximate the initial polygons. Evapotranspiration estimates will not be developed for this project. Attachment number 2 Page 5
of 18 Item # 10
Hydraulic Structure Data Hydraulic structures such as pipes and drop structures that were not parameterized during the Watershed Evaluation will be parameterized during this task. All
survey data collected by City personnel will be incorporated into the appropriate GWIS and model tables. Cross-Sections for weirs and channels Cross-sections will be generated to represent
overland weirs and channels for the surface water model. It is anticipated that all cross-sections will either be derived from the terrain, or based on surveys, as-built drawings, or
construction plan information. The process of deriving the cross-section information from the terrain in x,y,z format will be automated using ArcHydro or a GIS tool. Some manipulation
of the data may be necessary for input into the surface water model. The Jones Edmunds Team will check crest elevations to ensure that cross-sections are being cut at the correct locations,
and the overtopping elevation is correctly represented. The irregular weirs and weir cross-sections tables in the GWIS geodatabase will be completed with additional inputs from surveyed
information. A thorough quality control process will be completed on the database by an independent QA/QC reviewer on the Jones Edmunds Team. 2.5 Watershed Model Development The Jones
Edmunds team will develop a preliminary model within the ICPR framework and provide the results for review. Under this task, the surface water model will be set up and instabilities
will be stabilized wherever possible. 2.5.1 Model performance and verification analysis • Level pool plot of initial elevations • No rainfall run • Performance test,1 day 100-year rainfall
run • Model verification run Floodplain delineations will be compared to existing flood information for model verification using several events for which high water marks, USGS Streamflow
Gaging data, radar rainfall amounts or other flood information is available. • Preliminary floodplains will be developed from the Dopplerderived and 100 Year 1 Day storm events. These
floodplains will be utilized for model verification, review of suitability of “percolation polygons”, and justification of the duration of the storm for FEMA floodplain delineation.
Verification of the Attachment number 2 Page 6 of 18 Item # 10
model may lead to refinement of the model to improve accuracy of the results. Focus should also be put on the stability and reasonableness of the results, calibration should occur, parameters
adjusted and model rerun to verify. Justifications should be provided to support the flood plain results. • Resolve Comments and Resubmittal Deliverables • Model input and output files
• Doppler Storm Runoff Generation GIS Layer • Discussion about and submittal of a Methodology of Determining Starting Water Levels • Discussion about and submittal of a Methodology of
Determining DCIA and NDCIA • Input GIS data for Green-Ampt processing (percolation) • GIS data, calculations, and discussion about and submittal of a Methodology for Times of Concentration
• Irregular weir GWIS data 2.5.2 Floodplain analysis and delineation; • Preliminary floodplain analysis The surface water model will be subject to an internal quality assurance quality
control review. Additionally, a set of ArcMap GIS Project File Maps (mxds) for “QA/QC” will be developed with preliminary floodplain model results.. Compiling the hydraulic and hydrological
information, a surface water model will be developed using the latest version of the surface water modeling program, ICPR. All model data (including hydraulic data, hydrologic data,
and soils data) will be downloaded from GWIS formats into ICPR for development of the surface water model with percolation outfalls. • Multi-day event evaluation based on compelling
information (Not Included.) • Floodplain delineation Boundary conditions to/from adjacent watersheds will be updated to reflect all physical connections. District and City staff will
oversee boundary condition coordination in areas identified by the Jones Edmunds Team. Attachment number 2 Page 7 of 18 Item # 10
• Floodplain analysis justification report Written justification of changes in the floodplain (horizontal and vertical extents) from the FEMA's effective floodplain information and for
rainfall durations longer than 24-hours, will be prepared, if applicable. Deliverable: • Validate model and calibrate by running on multiple storm events • Provide model input/output
files • Provide Justification Report of changes in floodplains • Provide Floodplain Delineations with Transition Zones and Flood Depth Grids • QA/QC Maps (Electronic Only) • Polygon
coverage showing areas where the digital terrain does not reflect the ground conditions • Floodway analysis (if included) • Provide geodatabase • Presentation to City and District staff
including a review of quality assurance 2.6 Peer Review The Jones Edmunds Team will produce and provide a power point presentation to a work group consisting of a peer review engineer,
the District, City, community(s), whose corporate limits intersect the watershed boundary(s) and interested parties to review the draft deliverables prior to public notification. The
presentation will follow an outline supplied by the District. Prior to each meeting the Jones Edmunds Teams will submit draft digital deliverables and one hard copy of the QA/QC maps.
The peer review will consist of the following meetings: Preview of Draft Peer Review Presentation Meetings will be in remote login format; i.e., GoToMeeting with District and City staff.
Outstanding issues and items will be addressed and updated for Final Peer Review Presentation if necessary. All comments and responses will be documented in a “Comment Geodatabase”.
Each comment will require a reasonable response. Preview of Final Peer Review Presentation Meetings will be in remote login format; i.e., GoToMeeting with District and City staff. Attachment
number 2 Page 8 of 18 Item # 10
Peer Review Presentation The Jones Edmunds Team will present a PowerPoint presentation in person to a work group consisting of a peer review engineer, the District, City, community(s)
whose corporate limits intersect the watershed boundary(s) and interested parties. The Jones Edmunds Team will transmit data set to Peer Reviewer. Peer Reviewer Results Meetings Meetings
will be held if needed to discuss outstanding issues and items. Meetings will be in remote login format; i.e., GoToMeeting. Respond to Peer Review Comments Meeting to confirm that all
comments have been addressed. We will address all of the work group comments prior to the public meeting and add the responses to the comments geodatabase. Submit Revised Model and Floodplain
Delineation for Public Meeting (100-Year and Verification events) Deliverable: • Draft PowerPoint presentation and supporting documentation for presentation to the City and District
• Revised Model & Floodplain Delineation • Provide Updated Justification Report of changes in floodplains and storm durations greater than 24 hours • Final PowerPoint presentation to
work group • Attend meetings • Comment geodatabase 2.7 Public Meeting, Review and Comment Period 2.7.1 Impacted Parcels The Jones Edmunds Team will provide an impacted parcel geodatabase
and Excel file providing parcel and owner contact information by watershed. The parcel data will be based on the latest property appraisers parcel information to be provided by the District.
Impacted parcels include those parcels that intersect the preliminary 100-year floodplain or have been removed from rainfall induced floodplain identified in the effective FEMA floodplain
coverage (effective SFHA). The District will use the impacted parcel information to develop and mail letters to each parcel advising of the public meetings. QA/QC will be conducted on
the deliverables to ensure the impacted parcel information is associated with the appropriate parcel identification number. However, no modifications to update Attachment number 2 Page
9 of 18 Item # 10
the parcel database or shape files have been considered as part of this task. Deliverable: • Impacted parcels geodatabase and excel file 2.7.2 Open House meeting(s) The Jones Edmunds
Team will assist District and City staff with conducting the public meeting. Assistance consists of providing as many professionals as needed (up to five), based on the number of impacted
parcels and anticipated attendance of the Public Meeting. Jones Edmunds will assist citizens by responding to questions at the meeting; provide lap top computers that can display recent
aerials, existing flood hazard zones, base map information, County parcels, and the preliminary floodplains. In addition, 2 maps covering the entire watershed mounted on a foam board
will be required. Templates for these maps will be provided by the District. Generally, Map 1 will display floodplain and other information. Two copies of Map 1 will be prepared. Map
2 will display the soils, potentiometric surface, and other information. One copy of Map 2 will be prepared. Deliverable: • Attend Meetings 2.7.3 Address Public and Peer Review comments
After the Public Meeting the Jones Edmunds Team will follow-up with residents based on comment cards submitted. The team will deliver comments and new information received through public
information meetings, meetings with selected property owners, work group meetings, the District’s ERP Advisory Group, peer review, and presentations to the District’s, City’s, and other
governing bodies. The comments and new information will be included in a comments geodatabase. 2.7.4 Revised floodplain The Jones Edmunds Team will revise the geodatabase and model,
as appropriate, based on comments and information received from the District, City, incorporated communities, public, selected property owners, ERP Advisory Group, and peer review. The
deliverable will conform to the latest edition of the DFIRM contractor's requirements. Changes in the floodplains and storm duration may have to be revised as a result of the presentation
to District and City staff mentioned in the deliverables below. Attachment number 2 Page 10 of 18 Item # 10
Deliverable: • Revised floodplain analysis, delineation and associated geodatabase 2.8 Presentation to Governing Board The City and District staff and the Jones Edmunds Team will present
findings to the District, City, County, and other governing bodies. A draft presentation will be created and previewed prior to the meeting. Meetings will be in remote login format;
i.e., GoToMeeting with District and City staff. Deliverable: • Preview of Presentation • Attend meeting(s), develop and deliver presentation, and provide technical support. 2.9 Level
of Service (LOS) Level of Service (LOS) determinations will be performed throughout the watershed. A GWIS feature class will be created in conformance with the City’s Level of Service
criteria. The Level of Service documentation will also include an estimate of the number of habitable structures within floodplain areas by review of aerial photography or Base Flood
Elevations, where available. A Floodplain Level of Service Report will be developed in compliance with the accompanying section of the G&S (Guidance Document 1). Deliverable: • LOS Report
• LOS Geodatabase 2.10 Surface Water Resource Assessment (Water Quality Only) A GIS-based water quality assessment (pollutant loading) model will be developed for the Alligator Creek
watershed. Field water quality sampling is not included in this project. Existing water quality data within the watershed will be collected and analyzed for trends. A pollutant loading
model of the watershed will be created using SIMPLE-Seasonal, which was originally developed by Jones Edmunds with Sarasota County. A baseline water quality simulation will be conducted
using data from the year 1997. Benefits received from Phase 1 of the Alligator Creek Improvements project will be quantified. All modeling, data analysis, and project evaluation will
be described in report format. Attachment number 2 Page 11 of 18 Item # 10
Deliverable: • Surface Water Resource Assessment Report • Geodatabase including model input and output 2.11 BMP Alternatives Analysis BMP alternatives analysis will be conducted for
the watershed. An Alternative BMP Analysis Report will be developed in compliance with the accompanying section of the G&S (Guidance Document 1). This task includes one meeting each
with SWFWMD Regulation personnel and US Army Corps of Engineer (USACE) personnel to discuss the conceptual design of the proposed BMPs for documentation in the final report. This task
also includes up to two (2) meetings with the City and District staff to discuss proposed BMP alternatives. Up to twelve (12 structural BMPs and two (2) non-structural BMPs will be evaluated.
Phase 2 and 3 projects will be reevaluated during this task. The most beneficial projects in terms of flood control, water quality improvements, and cost will be recommended, and detailed
cost opinions will be developed for those. Deliverables • Conceptual Design Meeting with SWFWMD Regulatory and USACE • BMP Alternatives meetings (One face to face and one GoToMeeting
Format) • BMP Alternative Analysis Report • Final Comprehensive WMP Report 2.12 Project Management and Quality Control This task includes one meeting and necessary follow-up conference
calls or meetings between the Jones Edmunds team, City of Clearwater, and the District to discuss the Watershed Management Plan and final deliverables. A Digital Quality Assurance/Quality
Control (QA/QC) review MXD will be prepared for the watershed. It will include the following layers and information at a minimum: historical and 2009 imagery, terrain information, soils,
landuse, FEMA, Q3 data or current effective floodplains, review comments and responses, high water mark database information, SURGO information, 2004 potentiometric surface and at least
one cross section showing land surface and the potentiometric surface, subbasins, junctions, network, abutting watershed boundaries, roads, parcels, and ERPs included in the surface
water model. The QA/QC review MXD will be used during the various meetings. Attachment number 2 Page 12 of 18 Item # 10
The engineer of record will be required to certify that quality assurance/quality control has been performed on all deliverables and that any outstanding issues have been communicated
to the City and the District. Deliverables: • Participate in meetings and conference calls as needed • Provide the digital QA/QC map 2.13 Final Approved Deliverables for Watershed Management
Plan Final deliverables will include the electronic versions of the updated G&S GWIS geodatabase and tables, modeling files, and the G&S map atlas. The Watershed Management Plan list
of deliverables will be compiled, to generally include the GWIS geodatabase and Watershed Management Plan Document. The final TSDN will be included with this submittal in digital format.
Please note that the TSDN will be submitted two times in digital format, as a draft and a final version. Deliverables • Electronic version of the updated G&S GWIS geodatabase and tables
including the final TSDN • Modeling files • The G&S map atlas 2.14 Final Approved Deliverables for Public Outreach – Project Website BMP alternatives Jones Edmunds will complete the
project website that was begun in the first Work Order. Project data and reports developed during this phase will be available to the public for online viewing. Jones Edmunds will not
be responsible for hosting the website and will not provide online GIS information during this phase of the project. Deliverables: Electronic htm files that will be hosted on the City
server. 3. PROJECT GOALS: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this proposal for providing services related to the Alligator Creek Watershed
Management Plan. Jones Edmunds will work with Interflow Engineering, LLC as our subconsultant to complete the services described in this proposal. The Alligator Creek watershed, located
in the City of Clearwater and Pinellas County, covers approximately 9 square miles. The primary problems in this watershed are recurring flood damage and water quality impairments. Attachment
number 2 Page 13 of 18 Item # 10
The Alligator Creek Watershed Management Plan is cooperatively funded by the City of Clearwater and the Southwest Florida Water Management District (SWFWMD). The Plan provides a way
to evaluate strategies to protect, enhance, and restore water quality and natural systems, while achieving flood protection goals. The information developed will also provide the science
to support the City’s review of future development plans and for SWFWMD’s resource management and environmental resource permitting, as well as aid in future work orders for development
of “Best Management Practices” for the Tampa Bay Reasonable Assurance program. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Jones Edmunds for the
completion of these tasks, on a lump sum basis, for a fee of six hundred sixtysix thousand six hundred seven Dollars and zero cents ($666,607.00), this includes a 10% contingency fee
of $60,600.00 for out of scope services, and not to exceed fees for task allowances totaling six hundred six thousand seven Dollars and zero cents ($606,007.00). 5. SCHEDULE: Task No.
Task Start Complete 1 Project Development July 2011 July 2011 2.1 Survey July 2011 Sep 2011 2.2 DEM Refinement July 2011 Sep 2011 2.3 Geodatabase of Model Features July 2011 Sep 2011
2.4.1 Watershed Model Parameterization Sep 2011 Jan 2012 2.4.2 Model Development – Performance and Verification Jan 2012 Mar 2012 2.5 Floodplain Analysis Apr 2012 Jun 2012 2.6 Peer Review
Jun 2012 Aug 2012 2.7 Public Meeting, Review, and Comment Period Aug 2012 Oct 2012 2.8 Presentation to SWFWMD Governing Board Oct 2012 Oct 2012 2.9 Level of Service Analysis Oct 2012
Dec 2012 2.10 Surface Water Resource Assessment Nov 2012 Jan 2013 2.11 BMP Alternative Analysis Oct 2012 Feb 2013 2.12 Project Management and Quality Control July 2011 Mar 2013 2.13
Final Approved Deliverables for the Watershed Management Plan Feb 2013 Mar 2013 2.14 Final Approved Deliverables for Public Outreach – Project Website Oct 2012 Mar 2013 Note: This schedule
allows for 15 working days for the City and SWFWMD to review each task. Attachment number 2 Page 14 of 18 Item # 10
6. STAFF ASSIGNMENT (Consultant): Jones Edmunds Team Key Staff: Tom Friedrich, P.E. Client Manager Brett Cunningham, P.E. Technical Director Justin Gregory, P.E. QA/QC Walt Nickel, P.E.
Senior Project Engineer/QC Suzanne Kaufman, PE Project Manager Brian Icerman, E.I. Project Engineer Dale Gerber GIS Analyst John Loper, P.E. Project Manager (Interflow) Daniel Parsons,
E.I. Project Engineer Susan Gerena, E.I. Project Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Suzanne Kaufman, P.E., Jones
Edmunds Project Manager, with copies to Tom Friedrich, P.E. and John Loper, P.E. All City project correspondence shall be directed to Ken Sides, P.E. with copies to others as may be
appropriate. All District project correspondence shall be directed to George Fries, P.E. with copies to others as may be appropriate. Attachment number 2 Page 15 of 18 Item # 10
8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., 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 an estimated percent complete. Contingency services will be billed as incurred
only after written authorization provided by the City to proceed with those services. City Invoicing Code: ____0315-96173-561200-539-000-0000____ 10. SPECIAL CONSIDERATIONS: N/A PREPARED
BY: APPROVED BY: ________________________ ________________________ Stanley F. Ferreira, PE Michael D. Quillen, PE Chief Operating Officer City Engineer Jones Edmunds & Associates, Inc.
City of Clearwater ___________________ ___________________ Date Date Attachment number 2 Page 16 of 18 Item # 10
{Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design plans shall be compiled
utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North
American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will
not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36"
at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later
including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information
to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony@clearwater-fl.com Ø All electronic files must be delivered upon completion of project or with 100% plan submittal to
City of Clearwater. Attachment number 2 Page 17 of 18 Item # 10
ATTACHMENT B CITY OF CLEARWATER ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN UPDATE PROJECT BUDGET Jones Edmunds & Associates, Inc. Subconsultant Task Description Services Labor Total Phase
I – Watershed Evaluation $314,000 Phase I Subtotal, Labor and Subcontractors $314,000 Contingency $86,000 Phase I Total $400,000 Phase II – Watershed Management Plan 1.0 Project Development
1.1 Project Approach $2,843 1.2 Project Timeline and Staff Allocation and Cost Spreadsheet $2,281 1.3 Project Communication and QC Plan $2,281 Task Subtotal $7405 2.0 Watershed Management
Plan 2.1 Survey $112,686 2.2 DEM Refinement $20,555 2.3 Geodatabase of Model Features $17,157 2.4 Watershed Model Parameterization $87,676 2.5 Model Development $87,439 2.6 Peer Review
$46,479 2.7 Public Meeting, Review, and Comment Period $29,821 2.8 Presentation to SWFWMD Governing Board $11,233 2.9 Level of Service Analysis $26,696 2.10 Surface Water Resource Assessment
$25,120 2.11 BMP Alternative Analysis $68,818 2.12 Project Management and Quality Control $31,111 2.13 Final Approved Deliverables for the Watershed Management Plan $24,057 2.14 Final
Approved Deliverables for Public Outreach – Project Website $9,754 Task Subtotal $598,602 Phase II Subtotal, Labor and Subcontractors $606,007 Contingency $60,600 Phase II Total $666,607
Phase I Total $400,000 Phase II Total $666,607 Grand Total $1,066,607 Attachment number 2 Page 18 of 18 Item # 10
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve Architect of Record Contracts with Fowler Associates Architects, Harvard Jolly
Architecture, Klar and Klar Architects, Long and Associates, Plisko Architecture and Wannenacher Jensen Architects for a period of three years commencing July 26, 2011 and authorize
the appropriate officials to execute same. SUMMARY: On March 1, 2011, Requests for Qualifications (RFQ 14-11) were solicited from area firms to act as Architects of Record for the City.
Twenty-two responses were received. Upon review of the responses, it was decided to retain four firms that are currently performing as Architects of Record for the City including Fowler
Associates Architects, Harvard Jolly Architecture, Plisko Architecture and Wannenacher Jensen Architects. A short list of four additional firms was chosen for oral presentations to the
selection committee consisting of representatives from Parks and Recreation, Solid Waste/General Services and Engineering. From this group of four, two additional firms were added to
the list including Klar and Klar Architects and Long and Associates. The six recommended firms were selected based upon technical ability, availability to expeditiously complete assignments,
management and staff ability, prior municipal experience including permitting and Clearwater business and community involvement. Subject to approval in accordance with city purchasing
policy, these Architects of Record could be used by any city department for appropriate projects. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 11
REQUEST FOR QUALIFICATIONS #14-11 ARCHITECTURAL SERVICES CITY OF CLEARWATER, FLORIDA The City of Clearwater requests qualifications from architectural firms to serve as an Architect
of Record (ARCHITECT) for a three year period. Sealed Statements of Qualifications will be received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services
Bldg., 100 South Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, until 4:00 P.M. on Thursday, March 31, 2011. To be considered for Architect of Record status, the ARCHITECT must
have a fully staffed and operating office located within the Tampa Bay Metropolitan area. Copies of the Request for Qualifications (RFQ) for this project are available for prospective
firms at the Municipal Services Bldg., Purchasing Division, 3rd Floor, 100 South Myrtle Ave., Clearwater, Florida, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday,
beginning March 1, 2011, until no later than close of business five days preceding the submittal deadline. These documents are also available through the City’s website: www.myclearwater.com
and through the City’s electronic plan room (also available at http://www.myclearwater.com/cityprojects/index.asp) The right is reserved by the City Manager of the City of Clearwater,
Florida to reject any or all Statements of Qualifications. The City of Clearwater, Florida William B. Horne, II, City Manager Attachment number 1 Page 1 of 17 Item # 11
Scope of Services: To provide Architect-of-Record services to the City of Clearwater. Full-service firms capable of performing planning, design, document preparation, permitting, construction
inspection and management of every aspect of projects will be strongly considered, however the City intends to also consider smaller firms with exceptional experience and qualifications.
To be considered for Architect of Record status, the ARCHITECT must have a fully staffed and operating office located within the Tampa Bay Metropolitan area. See “Exhibit A” – Agreement
for Professional Services. Submittals: Interested firms should state their interest in this project by submitting six (6) hard copies and one (1) electronic copy of the following: •
Letter of interest and understanding on Firm stationery; • Description of Firm to include only the following: ü Legal name, years in business, officers, staff size, and staff breakdown
by classification; ü Location of responsible office; ü List of all similar major building projects completed within the last ten years, with dates of completion, size of projects, project
cost, name of lead architect, addresses, contact persons, and telephone numbers; ü Names and titles of the project team; ü Resumes of all persons who will be working on this project,
including consultants and interior design staff; ü Table of organization proposed by the Firm for this project; ü Photographs of at least five (5) completed public and/or private projects
where the firm has been principal architect; ü Quality control procedures and staff employed by the Firm; ü Clearwater business and community involvement. MAIL OR DELIVER COMPLETED RESPONSES
TO: George McKibben City Purchasing Manager Municipal Services Building 100 South Myrtle Avenue (3rd floor) Clearwater, Florida 33756-5520 Mailing Address: P.O. Box 4748 Clearwater,
Florida 33758-4748 All proposals must be received not later than 4:00 p.m. local time THURSDAY, MARCH 31, 2011. The City assumes no responsibility for responses received after the stated
time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason. Late responses will be held
unopened and not considered for award. Attachment number 1 Page 2 of 17 Item # 11
Multiple Firm Teams: Multiple firm or joint venture teams must clearly identify the roles and responsibilities of the proposed participants. Multi-firm teams must be led by a firm demonstrating
substantial public facility design experience. Selection Process: Selection of finalists for interview will be made on the basis of architectural qualifications including: technical
ability, availability, completeness of response to RFQ, prior municipal experience and Clearwater community and business involvement. The Selection Committee, consisting at a minimum
of representatives from Engineering, General Services and the Parks and Recreation Department, will conduct interviews with and may require public presentation from three to five firms
deemed to be most highly qualified regarding their qualifications. Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation, the firm must be
registered by the Florida Department of State, Division of Corporations. The selection will be made in accordance with 255.32 F.S. and the procedures and criteria of the City of Clearwater.
The Review Committee’s decision in qualification of prospective firms shall be final. The City reserves the right to, at its sole discretion, accept or reject any and all submittals,
request clarifications from any prospective firm amend or modify the terms of the RFQ, or re-issue the RFQ if such action is in the best interest of the City. If there is any doubt as
to the true meaning of any part of this RFQ, or if any discrepancies in or omissions from this RFQ are discovered, a written request for an interpretation or correction may be submitted
to the Purchasing Manager george.mckibben@myclearwater.com for response. Written requests may be forwarded to: Purchasing Manager; 100 S. Myrtle Ave, Clearwater, FL 33756-5520; or faxed
to 727.562.4635. The company submitting the request will be responsible for delivery no later than seven calendar days before the submittal due date. Any clarification or correction
of this RFQ will be made only by written addendum. A copy of all such addenda will be mailed or delivered to each company holding a set of documents. The City will not be responsible
for any other explanation or interpretations of the documents. Selection Criteria: The City reserves the right to accept and/or reject any or all proposals; to waive any irregularity,
variance, or informality whether technical or substantial in nature; and to negotiate with all qualified Firms in keeping with the best interests of the City. An award resulting from
this request shall be awarded to the Firm whose proposal is determined to be most advantageous to the City of Clearwater. Attachment number 1 Page 3 of 17 Item # 11
Items which the Selection and Technical Committee will consider and weigh during the selection process are as follows: A. Technical ability, including technical education and training
of personnel. Evaluation will be based not only upon the firm’s capabilities, but also upon the abilities and accomplishments of the individuals to be assigned to the project (25%).
B. Availability to expeditiously complete assignments (25%). C. Completeness of response – management and technical staff ability (20%). D. Prior municipal experience including permitting
expertise with Federal, State, and Local Regulatory agencies (20%). E. Clearwater business and community involvement (10%) Distribution: This RFQ is being mailed to Firms that have contacted
the City and those which are believed to have the experience needed for this project. The project is also being advertised per City of Clearwater purchasing policies. PROJECT SCHEDULE
A, Release date of RFQ: March 1, 2011 B. Due date of RFQ: March 31, 2011 C. Short Listing of Firms: April 21, 2011 D. Oral Presentations: May 2 – 6, 2011 E. Selection Committee Recommendation:
May 10, 2011 F. City Council Action: June 2, 2011 G. Contract Initiation: July 25, 2011 OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all records
made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to
the confidentiality of any portion of the qualifications once submitted. Attachment number 1 Page 4 of 17 Item # 11
RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all
copies of responses in whatever manner it deems appropriate. No copies of responses will be returned to the firm. ERRORS AND OMISSIONS Once a response is presented, the City shall not
accept any requests by any firm to correct errors or omissions in any calculations submitted. RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals,
to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date may or may not be rejected by the City depending on available
competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision
shall be final. Also, the City reserves the right to make such investigation as it deems necessary to determine the ability of any responder to perform the work or service requested.
Information the City deems necessary to make this determination shall be provided by the responder. CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in
its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective
firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. RIGHT TO PROTEST Any actual
or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. NO COLLUSION
By offering a submission to the RFQ, the responder certifies, and in the case of a joint submission/proposal, each party thereto certifies as to its own organization, that in connection
with the submission/proposal: a. No attempt has been made or will be made by the responder to induce any other person or firm to submit or not to submit a submission/proposal for the
purpose of restricting competition; and Attachment number 1 Page 5 of 17 Item # 11
b. The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal
or in the agreement to be entered into; and c. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a Council,
percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. PROFESSIONAL
SERVICES/CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA) – FLORIDA STATUTE 287.055 Professional services requested in this RFQ are within the scope of the practice of architecture or
landscape architecture, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. APPROPRIATIONS CLAUSE The City, an entity of government, is subject to the appropriation
of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal
year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient
funds are not available to continue its full and faithful performance of this contract, provide written notice to the Contractor of such event and effective thirty (30) days after giving
such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related
to the contract. General Terms and Conditions 1. All responses become property of the City of Clearwater. 2. The City will not reimburse the respondent for any costs associated with
the preparation, submittal, or presentation of their responses to this request. 3. The respondent acknowledges that all information contained within its response is part of the public
domain as defined by State of Florida Sunshine and Public Record Laws. The City gives no assurance as to confidentiality of any portion of any proposal once submitted. 4. The awards
made pursuant to this Call for Professional Services are subject to the provisions of Chapter 112, Part III, and Florida Statues. All respondents must disclose with their responses the
name of an officer, director, owner, or agent who is also an employee of the City of Clearwater. 5. Respondents, their agents, and associates shall refrain from contacting or soliciting
any City officials regarding this Call for Professional Services during the selection process. Attachment number 1 Page 6 of 17 Item # 11
Failure to comply with this provision may result in disqualification of the respondent, at the option of the City. Only George McKibben may be contacted. 6. There shall be no discrimination
as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. 7. Due care and diligence have been exercised in the preparation of this
Call for Professional Services, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services
rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of
the respondents to determine the full extent of the exposures. 8. Preference will be given to those responses in full or substantially full compliance with the requested information
in this document. 9. Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida,
and the City of Clearwater. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve
any respondent from its obligation to honor its response and to perform completely in accordance with its response. 10. Any interpretation, clarification, correction, or change to the
Call for Professional Services will be made by written addendum issued by the City’s Purchasing Manager. Any oral or other type of communication concerning the Call for Professional
Services shall not be binding unless issued by the City in the form of an addendum. 11. Responses must be signed by an individual of the respondent’s organization legally authorized
to commit the respondent’s organization to the performance of the services contemplated by this Call for Professional Services. 12. The successful respondent shall be required to submit
proof of licenses, certifications, and proofs of insurance as required by the City. 13. The successful respondent shall not be allowed to substitute project team members named in this
response without the written permission of the City. 14. The engineer and/or architect are responsible for all costs associated with any nondiscretionary changes. A bond for this purpose
may be required. Attachment number 1 Page 7 of 17 Item # 11
EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the __________ day of _______________, 2011 by and between the City of Clearwater, Florida and
_________________________________________. (ENGINEER) and/or (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain professional
services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services in accordance with this Agreement;
and WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information
and representations given by the ENGINEER and/or ARCHITECT in a proposal dated February 2011: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER
and/or ARCHITECT to the City will be that of a professional consultant, and the ENGINEER and/or ARCHITECT will provide the professional and technical services required under this Agreement
in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to
work with and for the CITY toward solutions to engineering /architectural problems and the approach or technique to be used toward accomplishment of the City’s objective for each project
or assignment. Expected professional project services shall include, but not be limited to planning, analysis, design, preparation of construction plans and details, regulatory permitting,
preparation of technical specifications, preparation of bid and contract documents and construction management for potential City project areas listed below: Attachment number 1 Page
8 of 17 Item # 11
• Parks & Recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. • Fire Department facility improvements,
including expansion or improvements to existing facilities as well as development of new facilities • Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities. • Marine & Aviation facility improvements, including expansion or improvements to existing facilities as well as development
of new facilities. • Library facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. • Parking facility improvements,
including expansion or improvements to existing facilities as well as development of new facilities. • General Services /Solid Waste facility improvements, including expansion or improvements
to existing facilities as well as development of new facilities. 2.2 The follow lists other work assignments that may be reasonably required under the general scope of this professional
agreement: • Land surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. • Review and assessment
of the applicability of design/build contracts for various City improvements. • Development/preparation of grant applications for City projects. • Preparation and implementation of public
involvement programs, including graphics powerpoint presentation, slides, handouts, etc. 2.3 The ENGINEER’S and/or ARCHITECT’S services under this Agreement will be provided under Work
Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and schedule
of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized
by the City Council. 2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the City for the purpose of rendering
the required engineering and/or architect services hereunder, and shall diligently execute the work to meet the completion time established. Attachment number 1 Page 9 of 17 Item # 11
2.5 The City reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do so
by the City, coordinate and work with other engineering and/or architectural firms retained by the City. 3.0 PERIOD OF SERVICES 3.1 The ENGINEER and/or ARCHITECT shall begin work promptly
after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER’S and/or ARCHITECT’S services called for under any Work Order are delayed for reasons beyond the ENGINEER’S and/or ARCHITECT’S control, the time of performance shall
be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continues in force until three (3) years from the date of execution, subject to the provisions
for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the ENGINEER and/or ARCHITECT unless specifically terminated
by the City. 4.0 INSURANCE REQUIREMENTS See Exhibit “B” attached. 5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) – Florida Statue 287.055 Professional Services
requested in this RFP are within the scope of the practice of architecture or landscape architecture, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply.
6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, etc., supplied by the ENGINEER shall become the property of the City. The
City acknowledges that such documents are not intended or represented to be suitable for use by the City or to others for purposes other than those for which the documents are prepared.
Any reuse of these documents without written verification or adaptation by the ENGINEER and/or ARCHITECT for the specific purpose intended will be at the City’s sole risk without liability
or legal exposure to the ENGINEER and/or ARCHITECT. 6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of probable construction costs, following City approval
of the bid documents and other prebid activities. The City hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed,
as a promise that designed facilities will not exceed a cost limitation. Attachment number 1 Page 10 of 17 Item # 11
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the City
and the ENGINEER and/or ARCHITECT describing the services desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT. 6.4 Upon the ENGINEER and/or ARCHITECT’S written
request, the City will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and/or ARCHITECT and City mutually deem necessary.
6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or ARCHITECT will assign
or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold harmless the City
from all claims, demands, liabilities and suits caused by any negligent act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER’S and/or ARCHITECT’S subcontractors, agents,
or employees in rendering the professional services called for herein. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify
the City for its own negligence. The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save, and hold harmless the City from any and all fines, costs, and expenses
caused by, directly or indirectly, with the ENGINEER’S and/or ARCHITECT’S failure to comply with any applicable laws, statutes, ordinances, or government regulations. 6.7 The ENGINEER
and/or ARCHITECT agrees not to engage the services of any person or persons in the employ of the City to an allied capacity, on either a full or part-time basis, on the date of the signing
of this Agreement, or during its term. 6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the
City are approved in writing by the City. 6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s) with each request for payment. 7.0 COMPENSATION 7.1 The
ENGINEER and/or ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ENGINEER’S and/or
ARCHITECT’S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit “C”. 7.2 Except as may be addressed in the initiating Work Order, the
compensation for services shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each month. Such invoices shall be due and payable upon receipt. Attachment number
1 Page 11 of 17 Item # 11
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments
upon request of the City. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the ENGINEER and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual
or firm, other than a bona fide employee working for the ENGINEER and/or ARCHITECT any fee, Council, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform
in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance
with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work
Order is suspended, canceled, or abandoned by the City, without affecting any other Work Order or this Agreement, the ENGINEER and/or ARCHITECT shall be given five (5) days prior written
notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This agreement shall be administered and
interpreted under the laws of the State of Florida. Attachment number 1 Page 12 of 17 Item # 11
11.0 TERMINATION OF CONVENIENCE Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and
specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the City as provided herein, the ENGINEER
and/or ARCHITECT will be paid for services rendered through the date of termination. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year
first above written. ________________________________ By: ____________________________ WITNESS: By: ____________________________ Countersigned: CITY OF CLEARWATER ___________________________
By: _____________________________ Frank Hibbard William B. Horne, II Mayor-Council Member City Manager Approved as to form and ATTEST: Correctness: ___________________________ By: ___________________
_________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 13 of 17 Item # 11
EXHIBIT “B” INSURANCE REQUIREMENTS 1. Liability Insurance. The party submitting an RFQ, hereinafter referred to in this document as the Proposer, if selected, shall furnish, pay for,
and maintain during the life of any contract entered into with the City the following liability coverage: a. Commercial General Liability insurance on an "occurrence" basis in an amount
not less than $1,000,000. b. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. c. Worker's
Compensation Insurance applicable to its employees, contractors and subcontractors, if any, for statutory coverage limits in compliance with Florida laws, including Employers’ Liability
that meets all state and federal laws. d. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Proposer, shall
be purchased and maintained by the Proposer with minimum limits of $1,000,000 per occurrence. 2. Additional Insured. The City is to be specifically included as an additional insured
on all liability coverage described above, except the insurance coverage identified in paragraph 1(c) and (d). 3. Notice of Cancellation or Restriction. All policies of insurance must
be endorsed to provide the City with thirty 30) day's notice of cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. The Proposer, if selected, shall
provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ, if any. The Proposer will maintain the required coverage
with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by City in writing, the Proposer will provide the
City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested,
shall be provided City whenever any policy is renewed, revised, or obtained from other insurers. 5. The address where such certificates and certified polices shall be sent or delivered
is as follows: City of Clearwater Attention: Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 Attachment number 1 Page 14 of 17 Item # 11
6. The Proposer shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property
damage arising directly or indirectly from any performance under this RFQ, or a subsequent purchase order or contract entered into by City and Proposer, its employees, subcontractors,
or assigns, including legal fees, court costs, or other legal expenses. Proposer acknowledges that it is solely responsible for complying with the terms of this RFQ or a purchase order
or contract arising out of this RFQ. In addition, the Proposer shall, at its expense, secure and provide to City, prior to beginning performance under an RFP, or a subsequent purchase
order, or contract, all insurance coverage as required in this RFQ. 7. Any party providing services or products to the City will be expected to enter into a written agreement, contract,
or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein.
A failure to do so may, at the sole option of the City, disqualify any vendor, bidder or Proposer of services and/or products to the City. Attachment number 1 Page 15 of 17 Item # 11
EXHIBIT “C” PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay ENGINEER AND/OR ARCHITECT and the ENGINEER AND/OR ARCHITECT agrees to accept as full compensation for its services
(as established by Work Order) compensation as computed by one of the following methods: Method “A” – Costs Times Multiplier Basis – Compensation in the form of actual costs times a
multiplier as determined by the following formula: Actual raw Salary Cost x Multiplier + Sub-consultant Cost + Other Direct Costs. Multiplier ________ includes fringe benefit rate, overhead,
operating margin and profit and is subject to annual review. Sub-consultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required
labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00.
Method “B” – Lump Sum – Compensation in the form of “lump sum” shall be determined by mutual agreement between the ENGINEER AND/OR ARCHITECT and the City. The lump sum amount shall be
negotiated based upon a scope of services developed by the ENGINEER AND/OR ARCHITECT and approved by the City. ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BENEFITS
AND OPERATING MARGIN) The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and
ENGINEER AND/OR ARCHITECT review. (Note: All rates are hourly salary rates). Attachment number 1 Page 16 of 17 Item # 11
CITY OF CLEARWATER ARCHITECT OF RECORD RFQ 2011 DIRECT HOURLY RATES Job Classification Minimum Rate ($ /hour) Typical Maximum President Vice President/Officer-in-Charge Project Manager/Associate
Principal Senior Architect Architect Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Field Technician Fiscal/Accounting Administrative/Clerical Operations
Specialist MULTIPLIER: . Attachment number 1 Page 17 of 17 Item # 11
EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the __________ day of _______________, 2011 by and between the City of Clearwater, Florida and
_________________________________________. (ENGINEER) and/or (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain professional
services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services in accordance with this Agreement;
and WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information
and representations given by the ENGINEER and/or ARCHITECT in a proposal dated March, 2011: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER
and/or ARCHITECT to the City will be that of a professional consultant, and the ENGINEER and/or ARCHITECT will provide the professional and technical services required under this Agreement
in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to
work with and for the CITY toward solutions to engineering /architectural problems and the approach or technique to be used toward accomplishment of the City’s objective for each project
or assignment. Expected professional project services shall include, but not be limited to planning, analysis, design, preparation of construction plans and details, regulatory permitting,
preparation of technical specifications, preparation of bid and contract documents and construction management for potential City project areas listed below: Attachment number 2 Page
1 of 16 Item # 11
• Parks & Recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. • Fire Department facility improvements,
including expansion or improvements to existing facilities as well as development of new facilities • Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities. • Marine & Aviation facility improvements, including expansion or improvements to existing facilities as well as development
of new facilities. • Library facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. • Parking facility improvements,
including expansion or improvements to existing facilities as well as development of new facilities. • General Services /Solid Waste facility improvements, including expansion or improvements
to existing facilities as well as development of new facilities. 2.2 The follow lists other work assignments that may be reasonably required under the general scope of this professional
agreement: • Land surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. • Review and assessment
of the applicability of design/build contracts for various City improvements. • Development/preparation of grant applications for City projects. • Preparation and implementation of public
involvement programs, including graphics powerpoint presentation, slides, handouts, etc. 2.3 The ENGINEER’S and/or ARCHITECT’S services under this Agreement will be provided under Work
Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and schedule
of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized
by the City Council. 2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the City for the purpose of rendering
the required engineering and/or architect services hereunder, and shall diligently execute the Attachment number 2 Page 2 of 16 Item # 11
work to meet the completion time established. The ENGINEER and/or ARCHITECT shall notify City by US Mail addressed to the City Engineer of any changes in company contact information.
This includes: contact phone, address, project manager, email addresses, etc. 2.5 The City reserves the right to enter into contracts with other engineering and/or architect firms for
similar services. The ENGINEER and/or ARCHITECT will, when directed to do so by the City, coordinate and work with other engineering and/or architectural firms retained by the City.
3.0 PERIOD OF SERVICES 3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.3, above.
Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ENGINEER’S and/or ARCHITECT’S services called for under any Work Order are delayed for reasons
beyond the ENGINEER’S and/or ARCHITECT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continues in
force until three (3) years from the date of execution, subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date
will be completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the City. 4.0 INSURANCE REQUIREMENTS See Exhibit “B” attached. 5.0 PROFESSIONAL SERVICES/CONSULTANT’S
COMPETITIVE NEGOTIATION ACT (CCNA) – Florida Statue 287.055 Professional Services requested in this RFP are within the scope of the practice of architecture or landscape architecture,
as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations,
etc., supplied by the ENGINEER shall become the property of the City. The City acknowledges that such documents are not intended or represented to be suitable for use by the City or
to others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ENGINEER and/or ARCHITECT
for the specific purpose intended will be at the City’s sole risk without liability or legal exposure to the ENGINEER and/or ARCHITECT. Attachment number 2 Page 3 of 16 Item # 11
6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of probable construction costs, following City approval of the bid documents and other prebid activities.
The City hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed, as a promise that designed facilities will
not exceed a cost limitation. 6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will
be negotiated between the City and the ENGINEER and/or ARCHITECT describing the services desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT. 6.4 Upon the
ENGINEER and/or ARCHITECT’S written request, the City will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and/or
ARCHITECT and City mutually deem necessary. 6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their successors, legal representatives and assigns to the other party
to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the
ENGINEER and/or ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend,
save and hold harmless the City from all claims, demands, liabilities and suits caused by any negligent act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER’S and/or
ARCHITECT’S subcontractors, agents, or employees in rendering the professional services called for herein. It is specifically understood and agreed, however, that this indemnification
agreement does not cover or indemnify the City for its own negligence. The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save, and hold harmless the City from
any and all fines, costs, and expenses caused by, directly or indirectly, with the ENGINEER’S and/or ARCHITECT’S failure to comply with any applicable laws, statutes, ordinances, or
government regulations. 6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or persons in the employ of the City to an allied capacity, on either a full
or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from the projects
until alternate personnel acceptable to the City are approved in writing by the City. 6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s) with each
request for payment. Attachment number 2 Page 4 of 16 Item # 11
7.0 COMPENSATION 7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation
of ENGINEER’S and/or ARCHITECT’S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit “C”. 7.2 Except as may be addressed in the initiating
Work Order, the compensation for services shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each month. Such invoices shall be due and payable upon receipt.
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments
upon request of the City. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the ENGINEER and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual
or firm, other than a bona fide employee working for the ENGINEER and/or ARCHITECT any fee, Council, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform
in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance
with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work
Order is suspended, canceled, or abandoned by the City, without affecting any other Work Order or this Agreement, the ENGINEER and/or ARCHITECT shall be given five (5) days prior written
notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This agreement shall be administered and
interpreted under the laws of the State of Florida. Attachment number 2 Page 5 of 16 Item # 11
11.0 TERMINATION OF CONVENIENCE Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and
specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the City as provided herein, the ENGINEER
and/or ARCHITECT will be paid for services rendered through the date of termination. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year
first above written. ________________________________ By: ____________________________ WITNESS: By: ____________________________ Countersigned: CITY OF CLEARWATER ___________________________
By: _____________________________ Frank Hibbard William B. Horne, II Mayor-Council Member City Manager Approved as to form and ATTEST: Correctness: ___________________________ By: ___________________
_________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 6 of 16 Item # 11
EXHIBIT “B” RISK MANAGEMENT /INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE The City of Clearwater enters into agreements and contracts for services and/or
products of other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s interests and to minimize its potential liabilities. Whenever
applicable, the following terms shall be included in agreements and contracts. CITY DEFINED The term “City” (wherever it may appear) is defined to mean the City itself, its Council,
the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers,
or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED The term “other party” (wherever it may appear) is defined to mean the other
person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and
subcontractors. HOLD HARMLESS The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting
therefrom, arising out of the agreement or contract unless such claims are a result of the City’s sole negligence. PAYMENT ON BEHALF OF CITY The other party agrees to pay on behalf of
the City, and to pay the cost of the City’s legal defense, as may be selected by the City, for claims or suits arising from the fault of the other party or other persons employed or
utilized by the other party in the performance of the contract. Attachment number 2 Page 7 of 16 Item # 11
Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City’s exclusive remedy. INSURANCE
The other party shall provide the following described insurance, except for coverage’s specifically waived by the City, on policies and with insurers acceptable to the City. These insurance
requirements shall not limit the liability of the other party. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party’s
interests or liabilities, but are merely minimum. Except for Workers’ Compensation and Professional Liability, the other party’s insurance policies shall be endorsed to name the City
as an additional insured to the extent of the City’s interests arising from this contract or agreement. Except for Workers’ Compensation, the other party waives its right of recovery
against the City, to the extent permitted by its insurance policies. The other party shall request that its insurers’ policies include or be endorsed to include a severability of interest/cross
liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. The other party’s deductibles/self-insured retentions
shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The other party is responsible for the amount of any
deductible or self-insured retention. Workers’ Compensation Coverage The other party shall purchase and maintain Workers’ Compensation Insurance for all workers compensation obligations
imposed by state law and employers liability limits of at least $100,000 each accident and 100,000 each employee/$500,000 policy limit for disease. The other party shall also purchase
any other coverage’s required by law for the benefit of the employees. General, Automobile and Excess or Umbrella Liability Coverage The other party shall purchase and maintain coverage
on forms no more restrictive than the latest editions of the Commercial or Comprehensive General Liability and Business Auto policies of the Insurance Services office. Minimum limits
of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including
employers liability required in the Workers’ Compensation Coverage section) and the total amount of coverage required. Attachment number 2 Page 8 of 16 Item # 11
Commercial General Liability If Commercial General Liability coverage is provided: Coverage “A”: Shall include premises, operations, products and completed operations, independent contractors,
contractual liability covering this agreement or contract, and broad form property damage coverage’s. Coverage “B”: Shall include personal injury. Coverage “C”: Medical payments are
not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided. Comprehensive General Liability If Comprehensive General Liability coverage is provided
it shall include at least: • Bodily injury and property damage liability for premises, operations, products/completed operations, independent contractors, and property damage resulting
from explosion, collapse or underground (x,c,u) exposures. • Broad Form Comprehensive General Liability coverage, or its equivalent, with at least: $1,000,000.00 • Broad form contractual
liability covering this agreement or contract, personal injury liability and broad form property damage liability. Products/Completed Operations Coverage The other party is required
to continue to purchase products contract or agreement, for a minimum of three years (3) beyond the City’s acceptance of renovation or construction projects. Business Auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles
and employee non-ownership use. Watercraft/Aircraft Liability If the other party’s provision of services involves utilization of watercraft or aircraft, watercraft and/or aircraft liability
coverage must be provided to include bodily injury and property damage Attachment number 2 Page 9 of 16 Item # 11
arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, nonowned and hired. Excess or Umbrella Liability Umbrella Liability insurance is preferred,
but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage’s. CERTIFICATES
OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified at least thirty (30) days in advance of cancellation or
non-renewal. Consultant shall be required to provide City with notice of any adverse change. New Certificates of Insurance are to be provided to the City at least fifteen (15) days prior
to coverage renewals. If requested by the City, the other party shall furnish complete copies of the other party’s insurance policies, forms, and endorsements. The address where all
such Certificates of Insurance and policies of insurance, when requested, shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater,
Florida 33758-4748 For Commercial General Liability coverage, the other party shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable
to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives,
that indicate less coverage than required does not constitute a waiver of the other party’s obligation to fulfill the insurance requirements herein. INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of the other party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable
to claims that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance and Certificates of Insurance provisions of this agreement or contract.
LOSS CONTROL /SAFETY Precaution shall be exercised at all times by the other party for the protection of all persons, including employees, and property. The other party shall be expected
to comply with all applicable Attachment number 2 Page 10 of 16 Item # 11
laws, regulations, or ordinances related to safety and health and shall make special efforts where appropriate to detect hazardous conditions and shall take prompt action where loss
control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. The other party
acknowledges that such stoppage will not shift responsibility for any damages from the other party to the City. CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF Applicable to Florida
Construction Contracts The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment
on Behalf of City, Insurance and Certificates of Insurance provisions in this agreement or contract. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS If checked below, the
City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss which could affect the work being
performed. Commercial General Liability Increased General Aggregate Limit The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is greater than
the occurrence limit simply because it is an annual aggregate limit. Installation Floater Insurance Installation Floater insurance is to be provided to cover damage or destruction to
equipment being installed or otherwise being handled or stored by the other party. The amount of coverage should be adequate to provide full replacement value of the equipment being
installed, otherwise being handled or stored on or off premises. All risks coverage is preferred. Motor Truck Cargo Insurance If the Installation Floater insurance does not provide transportation
coverage, separate Motor Truck Cargo or Transportation insurance is to be provided for materials or equipment transported in the other party’s vehicles from place of receipt to building
sites or other storage sites. All risks covered are preferred. Contractor’s Equipment Insurance Contractor’s Equipment insurance is to be purchased to cover loss of equipment and machinery
utilized in the performance of work by the other party. All risks coverage is preferred. Attachment number 2 Page 11 of 16 Item # 11
Fidelity/Dishonesty Insurance – Coverage for Employer Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party’s employees, including but not limited
to theft of vehicles, materials, supplies, equipment, tools, etc.; especially property necessary to work performed. Fidelity/Dishonesty/Liability Insurance – Coverage for City Fidelity/Dishonesty/Lia
bility insurance is to be purchased or extended to cover dishonest acts of the other party’s employees resulting in loss to the City. ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION
CONTRACTS If checked below, the City requires the following types of insurance for renovation or construction contracts, in addition to required coverage’s previously cited, including
Additional Insurance for Repair or Service or Other Contract. _____ Commercial General Liability Project Aggregate Because the Commercial General Liability form of coverage includes
an annual aggregate limitation on the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. ______ Owners Protective
Liability For renovation or construction contracts the other party shall provide for the City an Owners Protective Liability insurance policy (preferably through the other party’s insurer)
in the name of the City. ______ Builders Risk Builders Risk insurance is to be purchased to cover the property for all risks of loss, subject to a waiver of coinsurance, including coverage
of risks indicated in the Installation Floater and Motor Truck Cargo insurance previously described if such coverage’s are not separately provided. The Builders Risk insurance is to
be endorsed to cover the interests of all parties, including the City and all contractors and subcontractors. The insurance is to be endorsed to grant permission to occupy. Attachment
number 2 Page 12 of 16 Item # 11
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS If checked below, the City requires the following terms and types of insurance for professional, malpractice, and errors
or omissions liability. __X___ Hold Harmless The City shall be held harmless against liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees,
to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the design professional and other persons or entities employed, controlled, or utilized by the
design professional in the performance of the contract. The City shall also be held harmless against all claims for fines, costs, expenses caused by, directly or indirectly, by the design
professional and other persons or entities employed, controlled, or utilized by the design professional that failed to comply with any applicable laws, statutes, ordinances, or government
regulations, and against other persons’ financial loss with respect to the provision of or failure to provide professional or other services resulting in the design professional’s professional,
malpractice, errors, or omissions giving rise to liability from the performance of the agreement or contract.. It is specifically understood and agreed, however, that this indemnification/hold
harmless agreement does not cover or indemnify the City for its own negligence. ___X__ Professional Liability/Malpractice/Errors or Omissions Insurance The other party shall purchase
and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the other party with minimum limits of $1,000,000
per occurrence. If a claim’s made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy
was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available,
and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates,
either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so, may, at the sole discretion
of the City, disqualify any party from performing services or selling products to the City provided; however, the City reserves the right to waive any such requirements. Attachment number
2 Page 13 of 16 Item # 11
EXHIBIT “C” PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay ENGINEER AND/OR ARCHITECT and the ENGINEER AND/OR ARCHITECT agrees to accept as full compensation for its services
(as established by Work Order) compensation as computed by one of the following methods: Method “A” – Costs Times Multiplier Basis – Compensation in the form of actual costs times a
multiplier as determined by the following formula: Actual raw Salary Cost x Multiplier + Sub-consultant Cost + Other Direct Costs. Multiplier ________ includes fringe benefit rate, overhead,
operating margin and profit and is subject to annual review. Sub-consultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required
labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00.
Receipts will be required for any single item with a cost of $50.00 or greater or cumulative monthly expenses greater than $100.00 Method “B” – Lump Sum – Compensation in the form of
“lump sum” shall be determined by mutual agreement between the ENGINEER AND/OR ARCHITECT and the City. The lump sum amount shall be negotiated based upon a scope of services developed
by the ENGINEER AND/OR ARCHITECT and approved by the City. ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN) Attachment number 2 Page
14 of 16 Item # 11
The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ENGINEER AND/OR ARCHITECT
review. (Note: All rates are hourly salary rates). CITY OF CLEARWATER ARCHITECT OF RECORD RFQ 14-11 2011 DIRECT HOURLY RATES Job Classification Minimum Rate ($ /hour) Typical Maximum
President Vice President/Officer-in-Charge Project Manager/Associate Principal Senior Architect Architect Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Field
Technician Fiscal/Accounting Administrative/Clerical Operations Specialist MULTIPLIER: . Attachment number 2 Page 15 of 16 Item # 11
________________________________________ CONSULTANT Attachment number 2 Page 16 of 16 Item # 11
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Award contracts (purchase orders) to Siemens Industry Inc., of Tampa, FL, in the amount
of $9,861,759.00, for design, construction, inspection and construction management for the Public Utilities Performance Based Contract Project (City Project 08-0048-UT); $231,707.00
for Performance Assurance Services Program during the term of the main contract; $2,909,619.00 for Maintenance Services Program for a ten-year period and authorize the appropriate officials
to execute same. SUMMARY: The City of Clearwater (City) solicited responses from prequalified Energy Services Companies (ESCO) in December of 2008 with the intent of selecting a firm
to perform a Performance Based Contract where the City of Clearwater realizes energy savings through implementation of capital improvements projects at its existing Water Reclamation
Facilities (WRF). Siemens was selected by a committee of city staff based upon their submittals of qualifications and presentation specific to the City. A preliminary agreement was executed
that allowed for a formal audit of the City’s three WRF’s, (Marshall Street, Northeast and East) that determined those projects that were viable for inclusion in the resulting proposed
contract. The cost of the audit ($94,386) is included in the contract. The scope of work in the contract includes funding the remaining design efforts, permitting and construction of
nine separate projects including; lighting improvements at three plants, mixer replacements at two plants, dewatering improvements at two plants, odor control at Northeast and power
generation using Methane capture at the Northeast plant. All projects result in various levels of savings in terms of energy, chemical costs and/or operational costs. The savings less
those costs to be incurred for measurement and verification, (performance assurance) and technical service packages have been incorporated into the city’s rate study and operational
budget. If the goals identified in the agreement are not met, Siemens covers the shortfall. If the goals identified are exceeded, the City retains the financial benefit. The design and
construction costs are to be paid in year one in accordance with the payment schedule in Exhibit B of the contract, with the performance assurance costs paid on an annual basis over
the fifteen-year term of the Performance Contract. Those annual costs start at $12,458 and escalate to $18,844 over fifteen years for the total cost of $231,707. The Maintenance Services
Program costs are to be paid over ten years starting at $253,197 and escalating to $330,365 annually for a total of $2,909,619. The services program is detailed in Exhibit A of the contract
and provides for specific maintenance of the power generator, fuel-gas conditioning system (methane) and the new Fats, Oils and Grease system. This program is not contractually obligated
for renewal after year one if the City deems the costs to be in excess of the benefits. The performance assurance costs and Maintenance Services Program costs will be includedin the
Public Utilities O&M budgets for the corresponding fiscal years. The project total includes $2,959,683 worth of Owner Direct Purchased equipment resulting in a tax savings valued at
$178,030.98. Project design and construction duration is expected to be 15 months with completion by October of 2012. The term of the contract is 15 years over which timethe savings
realized by the improvements are to exceed the costs including debt service every year making the entire project revenue neutral. In accordance with the Interlocal agreement between
the City of Clearwater and the City of Safety Harbor for Sewer Treatment Services, Safety Harbor will share in costs incurred for improvements made at the Northeast Water Reclamation
Facility. Those costs are determined per the interlocal agreement on a pro rata share related to capacity reserved for treatment. For this project, the share of costs that will be reimbursed
by Safety Harbor totals $2,008,419.00. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Cover Memo Item # 12
Budget Adjustment Comments: See attachment Current Year Cost: $9,861,759.00 Annual Operating Cost: Not to Exceed: $13,003,085.00 Total Cost: $13,003,085.00 For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment 0376-96615-563800-535-000-0000 $ 600,889.78 See attachment 0376-96621-563800-535-000-0000 $2,802,476.54 See attachment 0376-96654-563800-535-000-0000
$2,677,907.40 See attachment 0327-96654-563800-535-000-0000 $2,059,174.08 See attachment 0315-96654-563800-535-000-0000 $1,113,173.52 See attachment Bid Required?: Yes Bid Number: 08-0048-UT
Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Engineering 5) Engineering 6) Financial Services
7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) City Manager 12) Clerk Cover Memo Item # 12
Page 1 of 17 PERFORMANCE CONTRACTING AGREEMENT between City Of Clearwater, Florida And Siemens Industry, Inc., Building Technologies Division TABLE OF ARTICLES 1. Agreement 2. Glossary
3. General 4. Performance Guarantee 5. Work by SIEMENS 6. The CLIENT’S Responsibilities 7. Changes and Delays 8. Compensation 9. Acceptance 10. Insurance and Allocation of Risk 11. Hazardous
Material Provisions 12. Miscellaneous Provisions 13. Maintenance Services Program Attachment number 1 Page 1 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 2 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R SII-BTD Job Number: Article 1 AGREEMENT THIS PERFORMANCE CONTRACTING AGREEMENT (“Agreement”)
is made this day of June, 2011 (the “Effective Contract Date”, defined below), by and between Siemens Industry, Inc., Building Technologies Division (“SIEMENS”) and the party identified
below as the CLIENT. The CLIENT: City Of Clearwater, Florida 100 South Myrtle Avenue Clearwater, FL 33756 DESIGNATED REPRESENTATIVE: Tara Kivett PHONE: 727-562-4758 FAX: 727-562-4755
Siemens Industry, Inc., Building Technologies Division 1000 Deerfield Parkway Buffalo Grove, Illinois 60089 With offices at: 8403 Benjamin Road, Suite F Tampa, FL 33634 DESIGNATED REPRESENTATIVE:
Alan Beer PHONE: (813) 541-5111 FAX: (866) 456-8739 For Work and Services in connection with the following project (the “Project”): City of Clearwater Energy Performance Services for
the East, Northeast, and Marshall Street Wastewater Treatment Plants The CLIENT considered performing the following FIMs but at this time, has determined to exclude them from the Scope
of Work and Services, Exhibit A: Northeast UV, Marshall Street UV, East UV, Solar, and Ground Water Recharge Articles and Attachments This Agreement consists of this document, which
includes the following articles and exhibits which are acknowledged by the CLIENT and SIEMENS and incorporated into the Agreement by this reference: Articles 1. Agreement 2. Glossary
3. General 4. Performance Guarantee 5. Work BY SIEMENS 6. The CLIENT’S Responsibilities 7. Changes and Delays 8. Compensation 9. Acceptance 10. Insurance and Allocation of Risk 11. Hazardous
Material Provisions Attachment number 1 Page 2 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 3 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R 12. Miscellaneous Provisions 13. Maintenance Services Program Exhibits Exhibit A Scope
of Work and Services Exhibit B Payment Schedule(s) Exhibit C Performance Assurance Exhibit D Owner Direct Purchase Procedure Exhibit E Detailed Energy Audit (dated May 21, 2010, updated
January 31, 2011) This Agreement, when executed by authorized representatives of the CLIENT and SIEMENS, constitutes the entire, complete and exclusive agreement between the Parties
relative to the project scope stated in Exhibit A. This Agreement supersedes all prior and contemporaneous negotiations, statements, representations, agreements, letters of intent, awards,
or proposals, either written or oral relative to the same, and may be modified only by a written instrument signed by both Parties. COMPENSATION/TERMS OF PAYMENT: As full consideration
for the performance of the Work and Services set forth in Exhibit A, and for the Performance Assurance set forth in Exhibit C, the CLIENT shall pay SIEMENS in such manner and amounts
as agreed to in Exhibit B. Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William
B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 3 of 18 Item
# 12
PERFORMANCE CONTRACTING AGREEMENT Page 4 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R Article 2 Glossary The following terms shall for all purposes have the meanings stated
herein, unless the context otherwise specifies or requires, or unless otherwise defined in the Agreement: “Acceptance” means the CLIENT has signed, or is deemed to have signed, a Certificate
of Substantial Completion. “Acceptance Date” means the date on which the CLIENT signs or is deemed to have signed a Certificate of Substantial Completion. “Annual Performance Assurance
Report” means the document prepared by SIEMENS and submitted to the CLIENT as part of the Performance Assurance Service Program, which identifies the Savings achieved for the applicable
Annual Period. “Annual Period” means a twelve (12) month period beginning on the Guarantee Date or on any anniversary date thereof. “Annual Realized Savings” means the Savings achieved
by the CLIENT during an Annual Period, calculated as the sum of the Measured & Verified Savings plus the Stipulated Savings. “Applicable Law” means the laws, ordinances, codes, rules
and regulations applicable to the Work and in effect on the Effective Contract Date. “Baseline” means the measurements of Facility energy usage taken prior to the Effective Contract
Date, and the Facility operating practices in effect prior to the Effective Contract Date, as set forth in the Performance Assurance, Exhibit C. “Baseline Period” means the period of
time from which data is provided to SIEMENS to derive the Baseline measurements. The Baseline Period is set forth in the Performance Assurance, Exhibit C. “BTU” means a British Thermal
Unit and is a unit of thermal energy. “Capital Off-Set Savings” means a sub-category of Operational Savings where Savings will result in a cost effective upgrade to the Facility to address
one or more of the following issues; potential future increased costs, comfort, code noncompliance, usage requirements, user needs and/or expectations. “Certificate of Substantial Completion”
means the document indicating that the Work, or a designated portion of the Work, is Substantially Complete in accordance with the Agreement. “CLIENT Representative” means the person
identified to SIEMENS by the CLIENT as the person authorized to make decisions on behalf of the CLIENT as set forth in Section 6.1(a) hereof. “Construction Period” means the period between
the Effective Contract Date and the first day of the month following the date of Substantial Completion. “Construction Period Savings” means the accumulated Measured & Verified Savings
plus the Stipulated Savings achieved from the Effective Contract Date until the Guarantee Date. “Contracted Baseline” means the post-FIM-implementation Facility operating profile based
on parameters described in Exhibit C, which the CLIENT shall maintain throughout the Performance Guarantee Period and are relied upon by SIEMENS for the calculation of Guaranteed Savings
as provided in the Performance Assurance, Exhibit C. The Contracted Baseline must also include stipulated hours of operation and plug-loads for all Facilities, and must include stipulated
blended, or nonblended, utility rates. “Deferred Maintenance” means a sub-category of Operational Savings where Savings results from a reduction of current or potential future repair
and maintenance costs due to certain work being performed hereunder where such work had been previously postponed. “Deliverable” means a report or drawing specifically prepared for and
deliverable to the CLIENT. Attachment number 1 Page 4 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 5 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R “Effective Contract Date” is the date appearing at the top of this Agreement, unless specifically
indicated otherwise. “Energy Conservation Measure” or “ECM” means the equipment, devices, materials and/or software as installed by SIEMENS at the Facilities, or as repaired or replaced
by the CLIENT hereunder, for the purpose of improving the efficiency of utility consumption. “Equipment” means the installed products to be provided by SIEMENS as described in the Scope
of Work and Services, Exhibit A. “Escalation Rate” means an annual percentage increase to be applied to the previous year’s energy savings, operational savings and service pricing, beginning
and occurring on dates outlined in the Performance Assurance, Exhibit C. A different Escalation Rate may be applied to differing Savings calculations and/or payment schedules depending
on the percentage agreed upon by the Parties. “Facility” or “Facilities” means the building(s) or structure(s) where Work will be installed or implemented. “Facility Improvement Measures”
or “FIMs” means the methods, techniques, application of know-how, installation of devices or otherwise, described in the Scope of Work and Services, Exhibit A, that are undertaken by
SIEMENS as a result of this Agreement with the intent of generating net savings or efficiencies at or in connection with the operation of the Facilities, including one or multiple ECMs
as well as any non-conservation-related activities, means or methods. “FEMP” means the Federal Energy Management Program managed by the United States Department of Energy. “FEMP Guidelines”
means the FEMP M&V Guidelines v. 3.0 published by FEMP as M&V Guidelines; Measurement and Verification for Federal Energy Management Projects. “Guarantee Date” means the first day of
the month following the date on which the CLIENT executes the final Certificate of Substantial Completion, thus indicating that the Construction Period is complete. “Guaranteed Annual
Savings” are the Guaranteed Measured & Verified Savings plus the Stipulated Savings that SIEMENS guarantees will occur in an Annual Period of the Performance Guarantee Period. “Guaranteed
Measured & Verified Savings” means the Measured & Verified Savings that SIEMENS guarantees will be achieved, as described in the Performance Assurance, Exhibit C. “Guaranteed Savings”
means the amount of Savings that SIEMENS guarantees will be achieved at the Facility during the Performance Guarantee Period. as identified in the Performance Assurance, Exhibit C as
subject to the limitation identified in Section 4.8. “Hazardous Materials” refers to the definition found in Section 11.1. “Instruments” means all reports, notes, calculations, data,
drawings, estimates, specifications, manuals, documents, all computer programs, codes and computerized materials prepared by or for SIEMENS, excluding Deliverables. “IPMVP” means the
International Performance Measurement and Verification Protocol, Volume 1, EVO 10000-1.2007 as prepared by the Efficiency Valuation Organization. “kW” and “kWh” means kilowatt and kilowatt
hour, respectively. “Maintenance Services Program” or “MSP” means the Services performed by SIEMENS to maintain the Equipment in good working order. The MSP may also contain Services
unrelated to the maintenance of the Equipment. If applicable, the MSP is more fully described in the Scope of Work and Services, Exhibit A. “Material Change” means a measurable deviation
in the Contracted Baseline such that there is an adverse impact on the Annual Realized Savings which results or will result in a Savings Shortfall. Attachment number 1 Page 5 of 18 Item
# 12
PERFORMANCE CONTRACTING AGREEMENT Page 6 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R “Measured & Verified Savings” means those Savings that can be calculated and ascertained
by the methodology set forth in the Performance Assurance, Exhibit C. “Oil” refers to the definition found in Section 11.1. “Operational Savings” means Savings derived from reduced operational
expenses, including but not limited to, Deferred Maintenance, or Capital Off-Set Savings. Operational Savings can only be expressed in monetary value and are Stipulated Savings. “Parties”
means the CLIENT and SIEMENS. “Performance Assurance” is the process of ascertaining whether the FIMs are performing at the level necessary to achieve the Guaranteed Savings. “Performance
Assurance Services Program” or “PASP” means the Services required to monitor the operation of the FIMs so that SIEMENS can provide the Annual Performance Assurance Report detailing the
Annual Realized Savings and, where applicable, the Accumulated Realized Savings, and comparing the same to the Annual Guaranteed Savings and, where applicable, the Guaranteed Accumulated
Savings based upon the calculations agreed to by the Parties in the Performance Assurance, Exhibit C. The Services provided under the PASP are described in the Scope of Work and Services,
Exhibit A. “Performance Guarantee” means the guarantee that SIEMENS makes to the CLIENT which is reconciled and confirmed through the Performance Assurance process set forth in the Performance
Assurance, Exhibit C. “Performance Guarantee Period” means the timeframe from the Guarantee Date to the last day of the final Annual Period as described in Table 1.1 of the Performance
Assurance, Exhibit C, or the period from the Guarantee Date until the termination of this Agreement, whichever occurs earlier. “Permitted Users” means the CLIENT, its employees and agents.
“Savings” means the Parties’ intended result from implementing all FIMs. Savings can be derived from reductions in energy or utility consumption, reductions in operating expenses, a
changed utility rate classification, or a combination thereof. The Savings that are achieved from reduced energy or utility consumption are converted to a dollar figure based upon the
calculation in Article 4.1.1 and as detailed in the Performance Assurance, Exhibit C. When converted to a dollar figure, these Savings become energy cost savings. Operational Savings
are only expressed in a dollar figure. “Savings Shortfall” means the Annual Realized Savings less the Guaranteed Annual Savings for the Annual Period resulting in an amount less than
zero. “Services” means those services to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A. “Stipulated Savings” are a sub-category of Guaranteed Savings
that do not require post-FIM implementation measurement and verification because they are Operational Savings as agreed upon by the Parties based upon representations made to SIEMENS
by the CLIENT. As such, Stipulated Savings are agreed upon in advance by the Parties and cannot be changed. The Stipulated Savings for each Annual Period, along with the corresponding
Escalation Rate, if applicable, are set forth in the Performance Assurance, Exhibit C. “Substantial Completion” or “Substantially Complete” means the Work, or any identifiable portion
thereof, is sufficiently complete, in accordance with the provisions of this Agreement relating to the Scope of the Work and Services, Exhibit A, such that the CLIENT will be able to
realize from such Work substantially all of the practical benefits intended to be gained therefrom, or otherwise employ the Work or the FIMs for their intended purposes. To the extent
that the Work requires multiple Acceptances, the Work’s final Substantial Completion date shall determine the Guarantee Date. “Therm” is a measure of energy equal to 100,000 BTUs. Attachment
number 1 Page 6 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 7 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R “Total Guaranteed Savings” means the sum of the Savings that are guaranteed for all Annual
Periods during the Performance Guarantee Period (inclusive of the Construction Period, if applicable). The Total Guaranteed Savings are reflected in Tables 1.1 and 1.2 in the Performance
Assurance, Exhibit C. “Work” means collective labor, Equipment and services comprising the FIMs to be performed by SIEMENS, as described in the Scope of Work and Services, Exhibit A.
Article 3 General 3.1 The Parties hereto acknowledge and agree that this Agreement has been negotiated at arm’s length and among the Parties equally sophisticated and knowledgeable as
to the subject matter of this Agreement. Each party has conferred, or has had the opportunity to confer, with their respective legal counsel. Accordingly, in the event any claim is made
relating to any conflict, omission, or ambiguity in this Agreement, no presumption, burden of proof, or persuasion shall be implied by virtue of the fact that this Agreement was drafted
by or at the request of a particular party or its legal counsel. 3.2 The CLIENT hereby engages and SIEMENS hereby accepts the engagement to perform and to provide the Work and Services
set forth in Exhibit A in accordance with the terms and conditions of this Agreement. 3.3 SIEMENS shall perform the Work as an independent contractor with exclusive control of the manner
and means of performing the Work in accordance with the requirements of this Agreement. SIEMENS has no authority to act or make any agreements or representations on behalf of the CLIENT.
This Agreement is not intended, and shall not be construed to create, between the CLIENT and SIEMENS, the relationship of principal and agent, joint-venturers, co-partners or any other
such relationship, the existence of which is hereby expressly denied. No employee or agent of SIEMENS shall be, or shall be deemed to be, an employee or agent of the CLIENT. 3.4 SIEMENS
represents, warrants and covenants to the CLIENT that: (a) It has all requisite corporate power to enter into this Agreement, and that its execution hereof has been duly authorized and
does not and will not constitute a breach or violation of any of SIEMENS’ organizational documents, any Applicable Law, or any agreements with third parties; (b) It has done and will
continue to do all things necessary to preserve and keep in full force and effect its existence and the Agreement; (c) This Agreement is the legal, valid and binding obligation of SIEMENS,
in accordance with its terms, and all requirements have been met and procedures have been followed by SIEMENS to ensure the enforceability of the Agreement; (d) To SIEMENS’ best knowledge,
there is no pending or threatened, suit, action, litigation or proceeding against or affecting SIEMENS that affects the validity or enforceability of this Agreement; and, (e) It is duly
authorized to do business in all locations where the Work and Services are to be performed. 3.5 The CLIENT represents, warrants and covenants to SIEMENS that: (a) It has all requisite
corporate power and/or statutory authority to enter into this Agreement, and that its execution hereof has been duly authorized and does not and will not constitute a breach or violation
of any of the CLIENT’S organizational documents, any Applicable Law, or any agreements with third parties; (b) It has done and will continue to do all things necessary to preserve and
keep in full force and effect its existence and the Agreement; (c) This Agreement is the legal, valid and binding obligation of the CLIENT, in accordance with its terms, and all requirements
have been met and procedures have been followed by the CLIENT to ensure the enforceability of the Agreement; (d) To the CLIENT’S best knowledge, there is no pending or threatened, suit,
action, litigation or proceeding against or affecting the CLIENT that affects the validity or enforceability of this Agreement; and, (e) The CLIENT has consulted with its legal counsel
and is relying on the advice of its counsel concerning all legal issues related to this Agreement, and is not relying on SIEMENS in this regard. Attachment number 1 Page 7 of 18 Item
# 12
PERFORMANCE CONTRACTING AGREEMENT Page 8 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R Article 4 Performance Guarantee 4.1 The Annual Realized Savings generated during each Annual
Period will be no less than the Guaranteed Annual Savings as shown in Tables 1.1 and 1.2 of the Performance Assurance, Exhibit C, subject to the limits in Section 4.8. The measurement
and verification calculation methodology for determining the Measured & Verified Savings is set forth in the Performance Assurance, Exhibit C. 4.1.1 General. Except as otherwise provided,
energy savings will be calculated for each month of each Annual Period as the product of (a) “units of energy saved” (kWh, Therms, GJ, etc.) multiplied by (b) “cost of energy.” (a) Units
of energy saved are calculated by 1) assuming the Contracted Baseline has been maintained per Section 4.3 below, and 2) subtracting the then current period measured units of energy consumed
from the Baseline units of energy defined in Article 5 of Exhibit C. (b) Costs of energy are defined in Article 6 of Exhibit C, Utility Rate Structures and Escalation Rates. 4.2 Any
future escalation factors to be applied to utility, energy or other costs are set forth in Exhibit C. SIEMENS and the CLIENT agree that the Baseline data set forth in Exhibit C is a
full and accurate reflection of the existing Facility, equipment, operation, business use and energy usage, and that such Baseline data will be the basis on which all future energy use
will be compared in order to determine the Annual Realized Savings. 4.3 SIEMENS and the CLIENT agree that the Contracted Baseline fully described in Exhibit C will represent the new
operating and/or equipment profile of the Facility resulting from the FIM implementation. The Performance Guarantee is dependent upon and is subject to the express condition that the
CLIENT operates and maintains its Facilities within the Contracted Baseline parameters, as may be adjusted in accordance with the terms herein, during the entire term of the Performance
Guarantee Period. 4.4 The CLIENT agrees to notify SIEMENS prior to or within 30 days of CLIENT’S knowledge of any Material Change. 4.5 Within 30 days of notice of a Material Change,
SIEMENS’ discovery of a Material Change, and with prompt notice to CLIENT, SIEMENS will either: (a) Require an adjustment to the Performance Assurance and the Performance Guarantee as
a result of the Material Change; or, (b) Where a commercially reasonable adjustment to the Performance Guarantee is unavailable, terminate both the Performance Assurance and the Performance
Guarantee. 4.6 Performance Guarantee Period savings reconciliation as identified in Section 4.1 will be performed at the end of each Annual Period as follows: (a) Within ninety (90)
days of the Guarantee Date, the Construction Period Savings, if applicable, shall be reconciled and applied to the calculation of the first Annual Period’s Annual Realized Savings. (b)
At the conclusion of each Annual Period, SIEMENS will calculate the Annual Realized Savings and compare the calculated amount to the applicable Guaranteed Annual Savings amount. (c)
Where the Annual Realized Savings are less than the Guaranteed Annual Savings, a Savings Shortfall shall be recorded for the applicable Annual Period. (d) A Savings Shortfall shall be
paid by SIEMENS within sixty (60) days following the CLIENT’S acceptance of the reconciliation and once paid SIEMENS shall have fulfilled its obligations under the Performance Guarantee
for the applicable Annual Period. 4.6.1 As the mutual goal of the Parties is to maximize Savings, if SIEMENS can correct a Savings Shortfall through an operational improvement (without
impairing the CLIENT’S ability to meet its responsibilities as outlined in Article 6 or maintain the Facilities’ Contracted Baseline as outlined in Article 7 of Exhibit C) at no expense
or material inconvenience to the CLIENT and with no future operational expenses, and the CLIENT declines to allow such operational improvement, then any future Savings Shortfall that
the improvement would have corrected will be negated by deeming the value of the Savings Shortfall as Savings achieved and adding the amount of same to the Annual Realized Savings calculations
for each Annual Period thereafter. 4.7 The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT maintains the PASP during the entire Performance
Guarantee Period. If the CLIENT fails to maintain, breaches, cancels or otherwise causes the termination of the PASP then; (a) The Performance Guarantee shall terminate immediately and
be void and of no force or effect; or, (b) Where termination of the Performance Guarantee would render the Agreement in violation of Attachment number 1 Page 8 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 9 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R Applicable Law, all Guaranteed Savings thereafter shall be determined to have been achieved
and SIEMENS shall have been deemed to have met its Performance Guarantee obligations under this Agreement for each and every Annual Period thereafter without the obligation to provide
the CLIENT, or any third-party as the case may be, with any further Annual Performance Assurance Reports. 4.8 The payments and credits based on Savings Shortfalls, if any, are the sole
remedy of the CLIENT for this Performance Guarantee. ANY PAYMENTS MADE OR TO BE MADE TO THE CLIENT UNDER THE TERMS OF THIS PERFORMANCE GUARANTEE SHALL NOT EXCEED THE PAYMENTS ACTUALLY
MADE BY CLIENT TO EITHER SIEMENS AND/OR A THIRD-PARTY (IN THE EVENT THAT THE CLIENT HAS FINANCED THE TRANSACTION) FOR THE AGGREGATE OF: THE PRICE, AS DEFINED IN EXHIBIT B, ARTICLE 1.1;
THE PASP PAYMENTS; THE MSP PAYMENTS, IF ANY; AND, IF APPLICABLE, THE CLIENT’S COST OF FINANCING THE WORK. The CLIENT’S cost of financing the Work is the cost of financing calculated
either: (a) On the date that the escrow account is funded in accordance with Exhibit B, Article 1.2; or, (b) On the Effective Contract Date if the escrow requirement is expressly waived
by SIEMENS. 4.9 The CLIENT represents that all existing equipment that is not installed by SIEMENS under this Agreement but is deemed necessary to achieve the Performance Guarantee,
is in satisfactory working condition. Prior to the beginning of the Performance Guarantee Period, SIEMENS will have inspected all such existing equipment and reported any deficiencies
to the CLIENT. To the extent that the deficiencies are not remedied by the CLIENT prior to the Guarantee Date, the adverse affect on the ability of the Project to attain the necessary
Guaranteed Savings shall be factored into the Annual Performance Assurance Report and, if necessary, the Performance Guarantee shall be adjusted accordingly. 4.10 If the Equipment or
the existing equipment which has a material impact on the performance of the Equipment is altered or moved by any person (including the CLIENT) other than SIEMENS or a person authorized
by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if necessary a re-commissioning of, the system.
If the reacceptance testing establishes that the CLIENT’S actions have resulted in a Material Change, CLIENT shall compensate SIEMENS for expenses associated with the reacceptance test
and re-commissioning. 4.11 SIEMENS will have no liability or obligation to continue providing PASP Services or any Guaranteed Savings in connection with materially-impacted FIMs under
the Performance Guarantee in the event that the CLIENT fails to: (a) Authorize a re-acceptance test or re-commissioning that SIEMENS reasonably deems necessary in order to determine
if a Material Change has occurred; (b) Provide access to any Facility where Work is to be performed; (c) Service and maintain all Equipment in accordance with the manufacturers’ recommendations
in order to prevent a Savings Shortfall; or, (d) Provide SIEMENS with accurate Facility operating information as soon as such information becomes reasonably available to the CLIENT,
including energy usage and cost, executed preventive maintenance and repair records, building or equipment additions, and occupancy levels during each Annual Period. 4.12 Unless expressly
contrary to law, should the CLIENT decide to discontinue the PASP before the end of the Performance Guarantee Period, the CLIENT will give SIEMENS thirty (30) days prior written notice,
and CLIENT will compensate SIEMENS for documented costs incurred up to the date of receipt of such notice related to preparing to perform the PASP as contracted for the then-current
Annual Period. 4.13 Unless expressly contrary to law, any disputes concerning the calculation of the Annual Realized Savings or changes to the Contracted Baseline that are not resolved
by negotiation between the Parties within thirty (30) days of the notice of the dispute, will be resolved by a third party professional engineering firm which is reasonably acceptable
to both SIEMENS and the CLIENT. The determination of such firm will be final and binding upon CLIENT and SIEMENS. Costs for payment to such firm will be borne by the CLIENT and SIEMENS
according to the following distribution: (a) if Annual Realized Savings is determined to be less than or equal to that claimed by CLIENT, SIEMENS shall bear the full cost; (b) if Annual
Realized Savings is determined to be greater than or equal to that claimed by SIEMENS, CLIENT shall bear the full cost; or (c) If Annual Realized Savings is determined to be between
the values claimed by CLIENT and SIEMENS, the parties shall each be responsible for half of the full cost. Attachment number 1 Page 9 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 10 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R Article 5 Work by SIEMENS 5.1 SIEMENS will perform the Work expressly described in this
Agreement and in any work release documents or change orders that are issued under this Agreement and signed by both Parties. The Work performed by SIEMENS shall be conducted in a workmanlike
manner. 5.2 SIEMENS shall perform the Work during its normal hours, Monday through Friday inclusive, excluding holidays, unless otherwise agreed herein. The CLIENT shall make the Facility
available so Work may proceed in an efficient manner. 5.3 SIEMENS is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make modifications
to any Equipment unless expressly made a part of the Work identified in the Scope of Work and Services, Exhibit A. Any CLIENT request to change the scope or the nature of the Work or
Services must be in the form of a mutually agreed change order, effective only when executed by the Parties. 5.4 All Deliverables shall become the CLIENT’S property upon receipt by CLIENT.
SIEMENS may retain file copies of such Deliverables. All Instruments shall remain SIEMENS’ property. All Deliverables and Instruments provided to the CLIENT are for Permitted Users’
use and only for the purposes disclosed to SIEMENS. To the extent specified in Exhibit A, Permitted Users shall have a right to make and retain copies of Instruments except uncompiled
code, and to use all Instruments; provided, however, that the Instruments shall not be used or relied upon by any parties other than Permitted Users, and such use shall be limited to
the Project and Facilities for which the Instruments were provided. Any re-use of Deliverables or Instruments for other projects or locations without the written consent of SIEMENS,
or use other than by Permitted Users, will be at Permitted Users’ and such other user’s sole risk and without liability to SIEMENS; and, unless expressly prohibited by law, the Permitted
Users, jointly and severally, shall indemnify, defend and hold SIEMENS harmless from any claims, losses or damages arising from such unauthorized use. 5.5 SIEMENS shall be responsible
for any portion of the Work performed by any subcontractor of SIEMENS. SIEMENS shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of
the CLIENT or their work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS’ work and/or presence at the Facility shall not relieve others of their
responsibility to the CLIENT or to others. 5.6 SIEMENS expressly warrants that: (a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the date
the Equipment is installed, all Equipment manufactured by SIEMENS or bearing its nameplate will be free from defects in material and workmanship arising from normal use and service.
(b) Labor for all Work, is warranted to be free from defects in workmanship for one year after the Acceptance Date. (c) SIEMENS warrants that the Equipment will function under the environmental
and operating conditions existing and reasonably anticipated at the Facilities as of the time of the Work. 5.7 Warranty Limitation: (a) The limited warranties set forth in Section 5.6
will be void as to, and shall not apply to, any Equipment (i) repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) which
the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated conditions, operates other than per SIEMENS’ or the manufacturer’s instructions, or
otherwise subjects to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the CLIENT has, or should have had, knowledge of any defect
in the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS’ nameplate. However, SIEMENS assigns to the CLIENT, without recourse, any and all
assignable warranties available from any manufacturer, supplier, or subcontractor of such Equipment. (b) Any claim under the limited warranty granted above must be made in writing to
SIEMENS within thirty (30) days after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends to the CLIENT and not to any subsequent
owner of the Equipment. The CLIENT’S sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to, at SIEMENS’ option: (i) repair or
replacement of defective components of covered Equipment; (ii) re-performance of the defective portion of the Services; or (iii) to the extent previously paid and itemized, the issuance
of a credit or refund for the original purchase price of such defective component or portion of the Equipment or Services. (c) SIEMENS shall not be required to repair or replace more
than the component(s) of the Equipment or the portion of the Work and Services actually found to be defective. SIEMENS’ warranty liability shall not exceed the Attachment number 1 Page
10 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 11 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R purchase price of such item. Repaired or replaced Equipment or Services will be warranted
hereunder only for the remaining portion of the original warranty period. 5.8 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, STATUTORY,
EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THE LIMITED EXPRESS WARRANTIES
AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY AUTHORIZED SIGNATORY OF EACH PARTY. 5.9 SIEMENS will not be responsible
for the maintenance, repair or replacement of, or Services necessitated by reason of: (a) Non-maintainable, non-replaceable or obsolete parts of the Equipment, including but not limited
to: ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower
fill, slats and basins, etc., unless covered by the warranty provisions herein or otherwise specifically stated herein; or (b) CLIENT’S or a third-party’s negligence, abuse, misuse,
improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill, corrosion, erosion, improper or inadequate water treatment, electrolytic action,
chemical action, failure to comply with manufacturer’s operating and environmental requirements, Acts of God, or other reasons beyond SIEMENS’ control. Unless expressly agreed in writing,
SIEMENS is not responsible for the removal or reinstallation of replacement valves, dampers, or waterflow and tamper switches with respect to pipes and ductwork, including vent or drain
system. SIEMENS ASSUMES NO RESPONSIBILITY FOR ANY SERVICE PERFORMED ON ANY EQUIPMENT OTHER THAN THAT PERFORMED BY SIEMENS OR ITS AGENTS. Article 6 The CLIENT’S Responsibilities 6.1 The
CLIENT, without cost to SIEMENS, shall: (a) Designate a contact person with authority to make decisions for the CLIENT regarding the Work and provide SIEMENS with information sufficient
to contact such person in an emergency; (b) Coordinate the work of contractors under CLIENT’S sole control so as not to disrupt the Work and Services proceeding in an efficient manner;
(c) Provide or arrange for 24 hour, 7 day per week access and make all reasonable provisions for SIEMENS to enter any Facility where Work is to be performed so that Work may proceed
in an efficient manner; (d) Permit SIEMENS to control and/or operate all building controls, systems, apparatus, equipment and machinery necessary to perform the Work; (e) Furnish SIEMENS
with blueprints, surveys, legal descriptions, waste management plans and all other available information pertinent to the Work and any Facility where the Work is to be performed as may
be reasonably requested by SIEMENS. Such plans and blueprints, along with an executed copy of this Agreement, with its Exhibits, shall be kept and maintained in CLIENT’S files for the
duration of the Agreement; (f) Assist SIEMENS with all approvals, permits and consents from government authorities and others as may be required for performance of the Work; (g) In accordance
with Article 11 hereof, promptly notify SIEMENS of all known or suspected Hazardous Materials at the Facility, of any contamination of the Facility by Oil or Hazardous Material, and
of any other conditions requiring special care or which may reasonably be expected to affect the Work, and provide SIEMENS with any available documents describing the quantity, nature,
location and extent of such materials, contamination or conditions; (h) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the Work, except such notices SIEMENS has expressly agreed in writing to give; (i) Provide SIEMENS with legally required materials and information (including but not limited to
Material Safety Data Sheets) related to all Hazardous Materials located at any Facility where the Work is to be performed; (j) Furnish SIEMENS with any contingency plans, safety programs
and other policies, plans or programs related to any Facility where the Work is to be performed; Attachment number 1 Page 11 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 12 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R (k) Operate, service and maintain all Equipment according to the manufacturer’s recommendations
including those set forth in the manufacturer’s operating manuals or instructions, as well as all requirements of Applicable Law or of authorities having jurisdiction. The CLIENT shall
furnish all needed servicing and parts for said FIMs, which parts shall become part of the FIMs. Such Equipment shall be operated only in the specified operating environment, which shall
be supplied by the CLIENT, including without limitation: (1) suitable electrical service, including clean, stable, properly conditioned power, to all Equipment; (2) telephone lines,
capacity and connectivity as required by such Equipment; and (3) heat, light, air conditioning or other environmental controls, and other utilities in accordance with the specifications
for the Equipment; (l) Promptly notify SIEMENS of any unusual operating conditions, hours of usage, system malfunctions, installed equipment or building alterations that may affect the
Equipment or energy usage or any Services; and, (m) If applicable, provide and pay for a dedicated voice grade dial-up phone line, or a mutually agreed communication method, and install
a terminal block, or an equivalent communication mechanism, in a mutually agreed upon location. All on-line service Equipment (excluding the phone line) will remain the property of SIEMENS
unless otherwise stated herein. 6.2 The Parties acknowledge that the CLIENT, as a political subdivision of the State of Florida, is subject to Chapter 119 of the Florida Statutes, which
may require the release of information contained in this Agreement. If such a “FOIA” request is made, CLIENT will provide prompt verbal and written notice to SIEMENS, so that SIEMENS
has adequate opportunity to dispute or challenge the FOIA request as allowed by statute. 6.3 The CLIENT acknowledges that it is now and shall at all times remain in control of the Facility.
Except as expressly provided herein, SIEMENS shall not be responsible for the adequacy of the health or safety programs or precautions related to the CLIENT’S activities or operations,
the CLIENT’S other contractor(s), the work of any other person or entity, or Facility conditions. SIEMENS shall not be responsible for inspecting, observing, reporting or correcting
health or safety conditions or deficiencies of the CLIENT or others at the Facility. So as not to discourage SIEMENS from voluntarily addressing health or safety issues while at the
Facility, in the event SIEMENS does address such issues by making observations, reports, suggestions or otherwise, the CLIENT shall not hold, or attempt to hold, SIEMENS liable or responsible
on account thereof. 6.4 SIEMENS acknowledges that the CLIENT must maintain compliance with all existing and future permits relating to the operation and treatment performance of treatment
systems at the Facilities. Further, SIEMENS acknowledges that CLIENT’S current operations may result in treatment performance significantly exceeding that required by current versions
of such permits in anticipation of more stringent future regulation. No Work performed by SIEMENS either during the course of the installation of FIMs or in the performance of Services
provided in conjunction with the MSP or PASP shall in any way be allowed to reduce the current level of treatment performance (which is detailed in Article 5 of Exhibit C) achieved by
CLIENT’S current operations, except as CLIENT may allow in writing on a temporary basis. Should any of SIEMENS’ Work be determined to have such a negative impact, costs arising from
the CLIENT’S elimination of such impacts shall be deducted from the Annual Realized Savings for the Annual Period(s) in which the costs occurred. Any dispute with regard to the impact
of such performance-impacting Work shall be resolved as part of the resolution process described in Section 4.13. Article 7 Changes and Delays 7.1 As the Work is performed, existing
laws or conditions may change, or circumstances outside SIEMENS’ reasonable control may develop, which would require SIEMENS to expend additional costs, effort or time to complete the
Work, in which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS’ compensation and the time for performance. In the event such changes require the
Work to be suspended or terminated, SIEMENS shall be compensated for Work previously performed and for costs reasonably incurred in connection with the suspension or termination. 7.2
Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only become effective upon execution of a written agreement by authorized
representatives of both Parties. 7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the Work, provided that any such substitution
shall be of an equal or better quality. 7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its
control, including but not restricted to acts or omissions by the CLIENT or its employees, Attachment number 1 Page 12 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 13 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R agents or contractors, Acts of God, war, civil commotion, acts or omissions of government
authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation,
or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable
recovery period and the compensation shall be equitably adjusted to compensate for additional documented costs SIEMENS incurs due to such delay. If any such delay exceeds sixty (60)
days, SIEMENS may terminate this Agreement upon three (3) business days notice to the CLIENT and the CLIENT shall promptly pay SIEMENS for the allocable portion of the Work completed,
for any documented costs and expenses of termination, and for any loss or damage incurred with respect to materials, equipment, tools and machinery, including reasonable overhead and
profit. 7.5 If any delay or series of delays within CLIENT’S control extend beyond fifteen (15) business days, CLIENT may, at its sole option, reimburse SIEMENS for additional costs
resulting therefrom. Article 8 Compensation 8.1 The aggregate amount paid by CLIENT provides for and is solely in consideration of the Scope of Work and Services described in Exhibit
A, and is detailed in Exhibit B. 8.2 SIEMENS will invoice the CLIENT in accordance with the schedules set forth in Exhibit B. Unless otherwise agreed in writing, invoices are due and
payable upon receipt by the CLIENT. If the CLIENT disagrees with any portion of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its disagreement
within 21 days of receipt of the invoice, and shall pay the portion not in dispute. 8.3 Except for amounts in dispute: (a) SIEMENS may suspend or terminate the Work or Services at any
time if payment is not received when due. In such event, SIEMENS shall be entitled to compensation for the Work or Services previously performed and for documented costs reasonably incurred
in connection with the suspension or termination. (b) On amounts not paid within thirty (30) days of invoice date, the CLIENT shall pay interest from invoice date until payment is received
at the lesser of 12% per annum or the maximum rate allowed by law. The CLIENT shall reimburse SIEMENS for SIEMENS’ costs and expenses (including reasonable attorney and witness fees)
incurred for collection under this Agreement. 8.5 Except to the extent expressly agreed herein, SIEMENS’ fees do not include any taxes, excises, fees, duties or other government charges
related to the Work or Services. The CLIENT shall pay such amounts or reimburse SIEMENS for any such amounts SIEMENS pays to the extent such charges are lawfully due and payable by CLIENT
and have been paid or incurred by SIEMENS in furtherance thereof. If the CLIENT claims that the Work or Services is subject to a tax exemption or direct payment permit, it shall provide
SIEMENS with a valid exemption certificate or permit and, unless specifically prohibited by law, shall indemnify, defend and hold SIEMENS harmless from any taxes, costs and penalties
arising out of the use or acceptance of same. 8.6 All other work or services requested by the CLIENT, including but not limited to the following, shall be separately billed or surcharged
on a time and materials basis: (a) Emergency services, if inspection does not reveal any deficiency covered by the Scope of Work and Services, Exhibit A; (b) Work and/or services performed
at times other than during SIEMENS’ normal working hours, unless otherwise agreed to in Exhibit A; or (c) Work and/or services performed on equipment not covered by the Scope of Work
and Services, Exhibit A. Article 9 Acceptance 9.1 Prior to Substantial Completion SIEMENS shall perform acceptance testing as follows: (a) SIEMENS shall give CLIENT at least five (5)
business days’ notice that acceptance testing is scheduled so CLIENT Representative may observe the testing. SIEMENS shall cooperate with the CLIENT Representative, who will verify SIEMENS’
findings. (b) For each FIM, SIEMENS will perform testing of the operating and treatment performance variables Attachment number 1 Page 13 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 14 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R listed in Article 5 of Exhibit C (Baseline Data). (c) The results of testing shall show
the FIMs’ performance to match or improve upon the Baseline. Should any testing prove otherwise SIEMENS shall, at its option, either: (1) Provide additional Work as necessary to correct
the deficiency such that re-testing proves performance matches or improves upon the Baseline; (2) Allow CLIENT to take corrective operating action to improve performance back to Baseline
conditions and accept the cost of such action as a deduct to Annual Realized Savings for all future Annual Periods of the Performance Guarantee during which such corrective action is
required; or (3) Provide a one-time credit in an amount acceptable to CLIENT as compensation for the reduced Facility performance. 9.2 When SIEMENS believes that all, or an independent,
definable phase or portion, of the Work is Substantially Complete, SIEMENS will submit a Certificate of Substantial Completion to the CLIENT which shall be subject to the following:
(a) If the CLIENT concurs that the described portion of the Work as performed is Substantially Complete, the CLIENT will accept that Work by signing the Certificate of Substantial Completion
and returning it to SIEMENS; (b) If the CLIENT does not concur that the Work is Substantially Complete, then the CLIENT shall notify SIEMENS within twenty (20) business days of any discrepancies;
(c) To the extent SIEMENS does not dispute the discrepancies raised by the CLIENT, SIEMENS shall correct the Work to conform to the description of the Work set forth herein, and resubmit
the Certificate of Substantial Completion to the CLIENT; (d) If SIEMENS disagrees with the discrepancies raised by the CLIENT, SIEMENS shall notify the CLIENT of a dispute and such dispute
shall be resolved in accordance with Section 9.4 herein; (e) If the CLIENT Representative does not deliver written notice to SIEMENS within twenty (20) business days of receiving the
Certificate of Substantial Completion, in the mutual interests of the Project proceeding in a timely manner, the CLIENT will be deemed to have agreed to, signed and returned the Certificate
of Substantial Completion. 9.3 To the extent that this Project requires multiple Certificates of Substantial Completion, the final Certificate of Substantial Completion shall determine
the date on which the Construction Period is completed. 9.4 Any disputes concerning the Substantial Completion of the Work will be resolved by submitting the issue to a third party professional
engineering firm and which is reasonably acceptable to both SIEMENS and the CLIENT. The determination of this firm with respect to completion or Substantial Completion will be final
and binding upon the Parties. If the dispute is resolved in favor or SIEMENS, then CLIENT shall bear the full cost of payment to such firm; if the dispute is resolved in favor or CLIENT,
then SIEMENS shall bear the full cost of payment to such firm. Article 10 Insurance and Allocation of Risk 10.1 SIEMENS shall maintain, at SIEMENS’ expense, the following insurances
while performing the Work and shall add the CLIENT as an “Additional Insured” to each policy that is referenced in subsections (c) through and including (e) hereof: (a) Workers’ Compensation
at the statutory amounts and limits as prescribed by Applicable Law. (b) Employer’s Liability insurance (and, where applicable, Stop Gap extended protection endorsement) limits of liability
shall be: • $1,000,000 per occurrence • $1,000,000 Disease Policy • $1,000,000 Each Employee (c) SIEMENS shall carry, in the Occurrence Coverage Form, Comprehensive General Liability
or Commercial General Liability, insurance covering SIEMENS’ operations and providing insurance for bodily injury and property damage with limits of liability stated below and including
coverage for: • Products and Completed Operations • Contractual Liability insuring the obligations assumed by SIEMENS in this Agreement • Broad Form Property Damage (including Completed
Operations) • Explosion, Collapse and Underground Hazards Attachment number 1 Page 14 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 15 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R • Personal Injury Liability: — Limits of liability shall be $1,000,000 per occurrence/aggregate
(d) SIEMENS shall carry Automobile Liability Insurance in the Occurrence Coverage Form covering all owned, hired and non-owned automobiles and trucks used by or on behalf of SIEMENS
providing insurance for bodily injury liability and property damage liability for the limits of: • $1,000,000 per occurrence/aggregate (e) SIEMENS shall carry Excess Liability Insurance
in the Occurrence Coverage Form with limits of: • $5,000,000 per occurrence/aggregate (f) SIEMENS agrees to maintain Professional (Errors & Omissions) Liability at a limit of liability
not less than $1,000,000. For policies written on a claims made basis, SIEMENS agrees to maintain a retroactive date prior to or equal to the effective date of the contract. In the event
the policy is cancelled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting
Period (SERP) during the life of any resulting contract, SIEMENS agrees to purchase a SERP with a minimum reporting period of two (2) years. (g) SIEMENS shall utilize subcontractors
that provide insurance coverage equal to half of the amounts required of SIEMENS in subsections (a) through (d) above, plus $1,000,000 per occurrence/aggregate for Excess Liability Insurance
in Occurrence Coverage Form. If SIEMENS utilizes a subcontractor that has failed to obtain the appropriate insurance coverage, SIEMENS shall be responsible for providing insurance coverage
on behalf of such entity conducting Work pursuant to this Agreement. (h) The CLIENT and SIEMENS waive all rights against each other and any of their subcontractors, subsubcontractors,
agents and employees for damages caused by fire or other causes of loss to the extent covered by the insurance required by this section and for any other property insurance applicable
to the Work, except such rights as they have to proceeds of such insurance held by the CLIENT as fiduciary. SIEMENS shall provide a waiver of subrogation which shall be effective as
to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly,
and whether or not the person or entity had an insurable interest in the property damaged. Insurance certificates shall be furnished upon request. 10.2 SIEMENS will either maintain at
its own expense, or self-insure for the equivalent risks, property insurance written on a builder’s “all-risk” or equivalent policy form in an amount no less than the Price identified
in Exhibit B, Article 1.1, plus the value of subsequent modifications and cost of materials supplied or installed by others, on a replacement cost basis without optional deductibles.
Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by SIEMENS, until final payment has been made to SIEMENS
or no person or entity other than the CLIENT has an insurable interest in the property, whichever is later. The policy form shall include without limitation, insurance against the perils
of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,
falsework, testing and start-up, rebuilding and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation
for SIEMENS’ services and expenses required as result of such insured loss. If the insurance requires deductibles or retentions, SIEMENS shall pay costs not covered because of such deductibles
or retentions. This insurance shall cover portions of the Work off the Facility, and also portions of the Work in transit. Partial occupancy or use shall not commence unless the insurance
company providing this insurance has consented to such partial occupancy or use by endorsement for otherwise. If applicable to the Work, SIEMENS shall purchase and maintain boiler and
machinery insurance which shall specifically cover such insured objects during installation and until Acceptance by the CLIENT. The insurance required by this section shall include the
interests of the CLIENT, SIEMENS, subcontractor(s) and sub-subcontractor(s) in the Work. 10.3 Title and risk of loss of materials and Equipment furnished by SIEMENS shall pass to the
CLIENT upon their delivery to the Facility, and the CLIENT shall be responsible for protecting them against theft and damage. 10.4 SIEMENS will indemnify the CLIENT from and against
losses, claims, expenses and damages (including reasonable attorney’s fees) for personal injury or physical damage to property (collectively “Damages”). Such indemnification shall be
solely to the extent the Damages are caused by or arise directly from SIEMENS or its employees’, consultants' or agents' negligent acts or omissions or willful misconduct in connection
with SIEMENS’ performance of the Work or Services. SIEMENS’ obligations under this indemnity shall not extend to Damages arising out of or in any way attributable to the negligence of
the CLIENT or its agents, contractors or employees. SIEMENS reserves the right to control the defense and settlement of any claim for which SIEMENS has an obligation to indemnify hereunder.
UNLESS Attachment number 1 Page 15 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 16 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE CLIENT OR SIEMENS BE LIABLE UNDER THIS
INDEMNITY OR OTHERWISE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE, OR LOST PROFITS,
HOWEVER CAUSED, EVEN IF SIEMENS OR THE CLIENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IN ANY EVENT, UNLESS CONTRARY TO APPLICABLE LAW, SIEMENS’ AGGREGATE LIABILITY
FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, OR OUT OF ANY GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, AGENCY, WARRANTY, TRESPASS, INDEMNITY OR ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO $10,000,000. The preceding limit shall not apply to the CLIENT’S remedy under the
Performance Guarantee as such is limited by Section 4.8, and nothing herein shall be construed as waiver by CLIENT of any immunity or limitation of liability the CLIENT may be entitled
to under the doctrine of sovereign immunity or Section 768.28 of the Florida statutes. 10.5 As to Patents and Copyrights: (a) SIEMENS will, at its own expense, defend or at its option
settle any suit or proceeding brought against the CLIENT in so far as it is based on an allegation that any Work (including parts thereof), or use thereof for its intended purpose, constitutes
an infringement of any United States patent or copyright, if SIEMENS is promptly provided notice and given authority, information, and assistance in a timely manner for the defense of
said suit or proceeding. SIEMENS will pay the damages and costs awarded in any suit or proceeding so defended. SIEMENS will not be responsible for any settlement of such suit or proceeding
made without its prior written consent. In case the Work, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by the
CLIENT is enjoined, SIEMENS will, at its option and its own expense, either: (i) procure for the CLIENT the right to continue using said Work; (ii) replace it with substantially equivalent
non-infringing Work; or (iii) modify the Work so it becomes non-infringing. (b) SIEMENS will have no duty or obligation to the CLIENT under Section 10.5(a) to the extent that the Work
is: (i) supplied according to the CLIENT’S design or instructions, wherein compliance therewith has caused SIEMENS to deviate from its normal course of performance; (ii) modified by
the CLIENT or its contractors after delivery; or, (iii) combined by the CLIENT or its contractors with items not furnished hereunder, and by reason of said design, instruction, modification,
or combination, a suit is brought against the CLIENT. If by reason of such design, instruction, modification or combination, a suit or proceeding is brought against SIEMENS, unless expressly
prohibited by law, the CLIENT shall protect SIEMENS in the same manner and to the same extent that SIEMENS has agreed to protect the CLIENT under the provisions of Section 10.5(a) above.
(c) THIS SECTION 10.5 IS AN EXCLUSIVE STATEMENT OF ALL THE DUTIES OF THE PARTIES RELATING TO PATENTS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY PATENT OR COPYRIGHT AND OF ALL THE REMEDIES
OF THE CLIENT RELATING TO ANY CLAIMS, SUITS, OR PROCEEDINGS INVOLVING PATENTS AND COPYRIGHTS. Compliance with Section 10.5 as provided herein shall constitute fulfillment of all liabilities
of the Parties under the Agreement with respect to the intellectual property indemnification. 10.6 The Parties acknowledge that the price for which SIEMENS has agreed to perform the
Work and obligations under this Agreement was calculated based upon the foregoing allocations of risk, and that each Party has expressly relied on and would not have entered into this
Agreement but for such allocations of risk. Article 11 Hazardous Materials Provisions 11.1 The Work does not include directly or indirectly performing or arranging for the detection,
testing, handling, storage, removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Facility at which Work is performed and any
soil or groundwater at the Facility by petroleum or petroleum products (collectively called “Oil"), asbestos, PCBs or hazardous, toxic, radioactive or infectious substances, including
any substances regulated under RCRA, CERCLA or any other federal, state or local environmental laws, regulations, statutes, rules, standards or ordinances (collectively called “Hazardous
Materials"), including without limitation: ionization smoke detectors, ballasts (except those indicated as part of the Scope of Work), mercury bulb thermostats, used oil, contaminated
filters, contaminated absorbents, and refrigerant. Except as expressly disclosed pursuant to Section 11.2, the CLIENT represents and warrants that, to the best of its knowledge following
due inquiry, there are no Hazardous Materials or Oil present where the Work is to be performed. SIEMENS will notify the CLIENT immediately if it discovers Attachment number 1 Page 16
of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 17 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R or reasonably suspects the presence of any previously undisclosed Oil or Hazardous Material.
All Services have been priced and agreed to by SIEMENS in reliance on the CLIENT’S representations as set forth in this Article. The discovery or reasonable suspicion of Hazardous Materials
or hazardous conditions at a Facility where SIEMENS is to perform Work, or of contamination of the Facility by Oil or Hazardous Materials not previously disclosed pursuant to Section
11.2, shall entitle SIEMENS to suspend the Work immediately, subject to mutual agreement of terms and conditions applicable to any further Work, or to terminate the Work and to be paid
for Work previously performed. 11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Oil or Hazardous Materials, to the
best of its knowledge following due inquiry, known to be present, potentially present or likely to become present at the Facility and provided a copy of any Facility safety policies
and information, including but not limited to lock-out and tag procedures, chemical hygiene plan, material safety data sheets, and other items covered or required to be disclosed or
maintained by federal, state, or local laws, regulations or ordinances. 11.3 Regardless of whether Oil or Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall
be solely responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing such Oil or Hazardous Materials, and for the costs thereof. Even if
an appropriate change order has been entered into pursuant to Section 11.1, SIEMENS shall have the right to stop the Work until the Facility is free from Oil or Hazardous Materials.
In such event, SIEMENS will receive an equitable extension of time to complete the Work, and compensation for delays caused by Oil or Hazardous Materials remediation. In no event shall
SIEMENS be required or construed to take title, ownership or responsibility for such Oil or Hazardous Materials. The CLIENT shall sign any required waste manifests in conformance with
all government regulations, listing the CLIENT as the generator of the waste. If someone other than the CLIENT is the generator of the waste, the CLIENT shall arrange for such other
person to sign such manifests. 11.4 Except where expressly prohibited by law, for separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the CLIENT shall indemnify, defend and hold SIEMENS harmless from and against any damages, losses, costs, liabilities or expenses (including attorneys’
fees) arising out of any Oil or Hazardous Materials or from the CLIENT’S breach of, or failure to perform its obligations under this Article. 11.5 For purposes of this Article 11, in
the context of the phrase “to the best of its knowledge following due inquiry”; “knowledge” means actual awareness of the facts by the CLIENT’S directors, officers, employees or agents,
or the presence of relevant information contained in the CLIENT’S books or records; and, “due inquiry” means inquiry of those persons under the CLIENT’S control who should have knowledge
of the subject matter of such inquiry. Article 12 Miscellaneous Provisions 12.1 Notices between the Parties shall be in writing and shall be hand-delivered or sent by certified mail,
express courier, or acknowledged telefax properly addressed to the appropriate party. Any such notice shall be deemed to have been received when delivered in-person or when sent by telefax,
or five (5) business days subsequent to deposit in the U.S. mails, or one (1) day after deposit with express courier. 12.2 Neither the CLIENT nor SIEMENS shall assign or transfer any
rights or obligations under this Agreement, except that either party may assign this Agreement to its affiliates and SIEMENS may use subcontractors in the performance of the Work or
Services. Nothing contained in this Agreement shall be construed to give any rights or benefits to anyone other than the CLIENT and SIEMENS without the express written consent of both
Parties. 12.3 This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth within which the Facilities are located. 12.4 This Agreement
and all provisions of this Agreement allocating responsibility or liability between the Parties shall survive the completion of the Work, the Services, and the termination of this Agreement.
12.5 Unless contrary to Applicable Law and with the exception of disputes arising under Article 4 or Article 9, all disputes not resolved by negotiation between the Parties shall be
resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single
arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual
and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the Parties.
The arbitrator shall have no authority to award, and shall not award, attorneys’ fees. Judgment may be entered upon the award in the highest state or federal court having jurisdiction
over the matter. Attachment number 1 Page 17 of 18 Item # 12
PERFORMANCE CONTRACTING AGREEMENT Page 18 of 18 Agreement – CUSTOM PCA-100 PUBLIC version 2009R 12.6 SIEMENS’ performance of the Work and Services is expressly conditioned on the Parties
assenting to all of the terms of this Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be submitted by a Party to the
other Party relating to the Work or Services, even if signed by the Parties, unless the written statement expressly indicates that such terms supersede the terms of this Agreement 12.7
Any provision of this Agreement found to be invalid, unlawful or unenforceable by a court of law shall be ineffective to the extent of such invalidity, and deemed severed herefrom, without
invalidating the remainder of this Agreement. All other provisions hereof shall remain in full force and effect. 12.8 The waiver by a party of any breach by the other party of any term,
covenant or condition hereof shall not operate as a waiver of any subsequent breach hereof. No waiver shall operate or be effective unless made in writing and executed by the party to
be bound thereby. 12.9 In the event that Applicable Law or the CLIENT requires that SIEMENS procure a performance bond and/or a payment bond, SIEMENS shall provide a performance and
payment bond for the Price identified in Section 1.1 of Exhibit B. The performance and payment bond will solely apply to the Work performed during the Construction Period and to the
required statutory lien filing period thereafter. The performance and payment bond will not apply to any of the obligations included in the Performance Assurance, Exhibit C. Furthermore,
the CLIENT’S funding source may be named as “Co-Obligee” on the performance bond if so requested by the CLIENT. Article 13 Maintenance Services Program 13.1 If applicable, the scope
of Services provided by SIEMENS for the Maintenance Services Program is stated in Exhibit A. 13.2 Intentionally omitted. 13.3 If the Equipment is altered or moved by any person, including
the CLIENT, other than SIEMENS or a person authorized by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test
on, or if necessary a re-commissioning of, the system consistent with the provisions of Section 4.10, above. 13.4 Intentionally omitted. 13.5 If the removal of Equipment from coverage
would compromise or impair the integrity of the Work, Services or compliance with law of any system, then SIEMENS will provide a written statement thereof for execution by the CLIENT.
The CLIENT’S failure to execute such statement within ten (10) days will void the MSP and release SIEMENS from any further obligations with respect to the MSP. 13.6 If the MSP scope
of Services provides for Equipment maintenance, repairs and/or replacements of Equipment by SIEMENS, those Services are limited to restoring the proper working condition of such Equipment.
SIEMENS will not be obligated to provide replacement Equipment that represents significant capital improvement compared to the original. Exchanged components become the property of SIEMENS,
except Hazardous Materials, which under all circumstances remain the property and responsibility of the CLIENT. Attachment number 1 Page 18 of 18 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 1 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 Article
1: Scope of Work Description: Except as otherwise expressly provided herein, SIEMENS shall provide each and every item of cost and expense necessary for the FIMs described below: 1.0:
Northeast APCF – FIM #1 – Odor Control This FIM includes the following: • Siemens shall furnish and install a complete "once-through two-stage", pre-piped, wired, and packaged UNITARY
CONSTRUCTION odor control systems, each including two integral treatment stages, exhaust fan, valves, fittings, ductwork, and all other equipment and accessories as specified to provide
a complete and functioning system. The biological treatment stage shall utilize an inorganic expanded clay media to facilitate absorption and adsorption of odor compounds. The polishing
stage shall utilize a virgin activated carbon polishing media that shall be specifically designed to adsorb odorous compounds with the ability to support biological degradation of the
compounds. The first stage shall operate with an independently controlled irrigation system to maintain optimum wetted conditions to support unique microbial growth for biological destruction
of the odorous compounds and removal of toxic metabolites. Systems using any type of organic media and systems using a single inorganic media shall not be acceptable. • Siemens shall
furnish and install Hallsten aluminum covers for the (2) primary clarifier (4) thickener. 1. Equipment to be installed includes the following: 1. Biological Odor Control System a. Components
-Each ZABOCS® odor control system consists of the following major components: b. Premium FRP, multi-stage odor control module c. Expanded clay media for treatment of inorganic odors
(H2S) d. Coal based virgin media for treatment of inorganic and organic odors e. Irrigation system f. Air distribution system g. Electrical control panel h. Water control cabinet i.
Nutrient addition system including the nutrient pump j. Air exhaust fan k. Interconnecting piping and exhaust stack • Mechanical a. Biofilter – Install biological odor control system
in location near the primary clarifiers and the headworks of the plant. See Reference Dwg. Siemens Water Technologies Dwg No. M10-135.6000-G1.dwg – General Arrangement Drawing for Model
ZB. b. Water Supply – a 3/4 inch water supply with backflow preventer are required. Water supply must provide for a minimum of 30 psi continuous pressure at 6 GPM and a hardness not
to exceed 400 mg/L as calcium carbonate. c. Drain – a minimum 2 inch P.V.C. gravity drain to sewer with a barometric trap is required. Attachment number 2 Page 1 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 2 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 •
Electrical a. BioFilter Power Feed – 480 VAC, 3-phase service is required • Instrumentation a. Local Control Panel -INSTALLATION NOT REQUIRED DUE TO FACTORY MOUNTED/WIRED ON BLOWER SKID.
• The Work shall be performed in accordance with the following specifications, drawings and other attachments hereto, which are specifically incorporated herein and made part hereof:
a. Siemens Water Technologies Dwg. No. M10-135.6000-G1.dwg – General Arrangement Drawing for Model ZB-600 b. Siemens Water Technologies Dwg No. M10-135-60000-P1.pdf – Zabocs System Process
Flow Diagram 2.0: Northeast APCF – FIM #2 – Indoor/Outdoor Lighting Lighting Retrofit /Lighting Occupancy Sensors Except as otherwise expressly provided herein, SIEMENS shall install
28-Watt premium efficiency T-8 lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and standard electronic ballasts. Lighting occupancy sensors will be installed
in all offices, break rooms, and restrooms where occupancy varies and lighting runtime reduction opportunities are present. The occupancy sensors are dual technology, which use a combination
of infrared and ultrasonic sensors. The occupancy sensors will be programmed to turn off lighting in a specified area after a 10 minute period of no occupancy. The scope of work of this
FIM only includes replacement of ballasts and lamps, installation of selected fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting occupancy sensors.
Replacement of missing or broken lenses is not included in the scope of this work. A detailed description of all lighting retrofits, lighting counts, and product information can be found
in the Technical Energy Audit submitted with this contract. 3.0: Northeast APCF – FIM #3 – Dewatering -Centrifuges This FIM includes the following: • Install, test, and place into satisfactory
operation the new Centrifuge Dewatering System at the Northeast Advanced Pollution Control Facilities (APCF) Biosolids Dewatering Building as specified herein. Siemens shall install
all equipment identified below with the exception of the items demarcated as spares. • Refurbish one (1) existing belt filter press each at the Northeast APCF Biosolids Dewatering Building
as specified herein and identified below. • Refurbish the belt conveyors at the Northeast APCF Biosolids Dewatering Building as specified herein and identified below. • Install, test,
and place into satisfactory operation new polymer feed system at the Northeast APCF Biosolids Dewatering Building as specified herein. • The dewatering operation of the facility shall
be maintained during the work. • The centrifuge dewatering system to be installed is one (1) Andritz Model D5LL at Northeast APCF with accessories and controls. The centrifuge, motors,
electrical, controls, instruments, and appurtenances shall be installed by Siemens in accordance with the instructions of the manufacturer. Siemens shall use associated Reference Documents
for installation. All piping Attachment number 2 Page 2 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 3 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 shall
be supported so as to preclude the possibility of exerting undue forces and movements on the centrifuge flanges. Each centrifuge shall be installed on concrete supports with isolators
in accordance with the recommendations of the Manufacturer. Siemens shall furnish all necessary appurtenances including but not be limited to, piping, pipe supports, gaskets, bouts,
and nuts for the complete installation of the centrifuge dewatering system and furnish all oil, and grease for initial operation in accordance with the Manufacturer’s recommendations.
During the work, Siemens shall maintain the dewatering operation of the facility at all time. • One (1) existing belt filter press at Northeast APFC is to be refurbished on-site as backup
to the centrifuge dewatering system to meet Class I reliability. Siemens shall use associated Reference Documents for refurbishment. Siemens shall furnish all necessary appurtenances
for the work. During the work, Siemens shall maintain the dewatering operation of the facility at all time. • Two (2) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible
belt conveyor, two (2) 20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished on-site at the Northeast APCF. Siemens shall use associated Reference Documents for
refurbishment. Siemens shall furnish all necessary appurtenances for the work. During the work, Siemens shall maintain the dewatering operation of the facility at all time. • The polymer
feed system to be installed is up to two (2) VeloDyne VeloBlend Series completed polymer feed system and appurtenances at Northeast APCF. The polymer feed system, electrical, controls,
instruments, and appurtenances shall be installed by Siemens in accordance with the instructions of the manufacturer. Siemens shall use associated Reference Documents for installation.
Siemens shall install the interconnecting piping with the existing VeloBlend polymer feed system with isolate valves. Each polymer feed system shall be installed in accordance with recommendations
of the manufacturer. Siemens shall furnish all necessary appurtenances including but not be limited to piping, pipe supports, valves, gasket, bolts and nuts, oil and grease for initial
operation in accordance with manufacturer’s recommendations. 2. Equipment to be installed includes the following: 1. Centrifuge Dewatering System a. Major Components installed as a unit
§ Bowl and bowl cover § 100 HP main drive motor § 20 HP back drive system § Discharge chute and connections § Polymer and wash water injection § Speed reducer § Base § Main centrifuge
bearings § Sample taps § Isolators § Control panels with VFD and PLC controller § Diverter gate b. Shipped Loose Accessory Components, to be installed separately in field. § Fasteners
§ Instruments § Spare parts – manufacturer recommended spare parts § Special tools 2. Polymer Feed System a. Major Components installed as a unit § Skid mounted system with control panel
and PLC controller b. Shipped Loose Accessory Components, to be installed separately in field § Valves § Spare Parts in clearly identified containers Attachment number 2 Page 3 of 17
Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 4 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 o
One (1) mechanical seal or packing per pump o One (1) set of mixing chamber o-rings o One (1) mixing chamber injection check valve o One (1) pump stator • Equipment to be refurbished
on-site includes the following: 1. Belt Filter Press § Replace wear strip grid system in the gravity and wedge zones § Replace table rolls (8 of them will be reused) § Replace corroded
upper and lower tension brackets § Replace corroded sidewall support brackets § Perform all incidental work 2. Conveyors § 24-in-x-25ft-8-in conveyor § refurbish the drive drum § replace
pillow block bearings § refurbish take-up drum § replace take-up drum bearings § replace motor (1 hp 1740 rpm) § replace gear reducer § replace motor mount § replace V-belt § replace
belt scraper § replace schedule 80 PVC idlers and end caps § replace shafts § replace vulcanized belt. § replace SS drive shaft and tail shaft § replace SS althread rods § replace brass
nuts § perform all incidental work 3. Reversible belt conveyor § replace motor (1 hp) § replace double reduction-gear reducer § refurbish drive drum § replace drive bearings § replace
V-belt § replace pillow block bearings § replace 3-in schedule 80 PVC idlers and end caps § replace SS shafts § refurbish take-up drum § replace take-up bearings § replace althread rod
§ replace brass nuts § replace 38-ft two-ply vulcanized belt § perform all incidental work 4. Shuttle Belt Conveyor § replace SS angles § replace pillow block bearings § replace SS shafts
§ replace 3-in PVC idlers and end caps § replace ½-hp and 1-hp motors § replace reducer and base kit o replace sprockets § replace SS chain § refurbish drive drum § refurbish take-up
drum Attachment number 2 Page 4 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 5 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 §
replace take-up bearings § replace althread rods § replace bronze nuts § replace SS hex head bolts § replace SS flat and lock washers § perform all incidental work 5. Screw Conveyor
§ Replace motor § perform all incidental work • Mechanical 1. Centrifuge Dewatering and Polymer Feed System § Remove one of the existing belt presses and associated electrical and control,
modify the walkway into centrifuge platform, refurbish one of the existing belt presses on-site, refurbish the conveyors on-site, remove the existing polymer feed system (except the
VeloBlend the City installed) and install new VeloBlend polymer feed system. § Discharge Piping -Fabricate and install sludge feed pipe, filtrate discharge pipe, polymer feed pipe, and
wash water pipe. § Accessory Components – Assemble and install all loose components, as identified above • Electrical 1. Furnish and install electrical and control per drawings and specifications.
2. Modify the SCADA system to incorporate the new equipment per drawings and specifications. • Instrumentation 1. Furnish and install instruments per drawings and specifications. 2.
Unit process controls shall be fully integrated into the existing plant SCADA system. • The Work shall be performed in accordance with the following specifications, drawings and other
attachments hereto, which are specifically incorporated herein and made part hereof: 1. Design drawings and specifications 2. Field Photos: depicting pre-construction conditions at each
facility. 4.0: Northeast APCF – FIM #4 – Methane Capture & Reuse This FIM includes the following: • Siemens shall install, test, and place into satisfactory operation a FOG (fats, oil,
and grease) receiving system and an electrical generation and heat recovery (cogeneration) facility (Facility) utilizing digester gas as the fuel to be fired in a reciprocating engine-generator,
as specified herein. • During the work, Siemens shall coordinate with the Owner to maintain the operation of the Northeast APCF. In addition, the following protocols will be followed:
o All new system piping tie-ins to be made only after authorization by plant personnel. o All new system electrical tie-ins to be made only after confirmation of proper lockout/tag-out
procedures compliance and authorization by plant personnel. o Integration of new data systems into the existing plant SCADA system will be coordinated with the City’s SCADA Integration
Consultant and Plant Operations staff. Attachment number 2 Page 5 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 6 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 o
Installation of cable, conduit, piping, and equipment shall be in accordance with latest NEC, industrial standards, and local codes. • Siemens shall install one (1) Jenbacher JMC208v81reciprocating
engine with electrical engine (collectively, engine-generator) @335 kW Nominal Gross Rating, 480V, 60Hz, 3 Phase, 1800 rpm; packaged in a 10 ft wide by 40 ft long container as weather
protection. Installation of reciprocating engine heat recovery system components shall also be installed. o The following components will be housed within the container: § Digital Engine-Management-S
ystem and controls, PC-based. § Alternator heater and RTDs § Lubrication oil adder tank § System battery charger with batteries and cables § Switchgear, (1) 800A engine-generator electrically-operate
d breaker § Engine-generator protection with synchronous and grid monitor § Heat recovery system, engine-side; including engine mounted heat exchangers for engine cooling loops, temperature
control valves, and pumps for heat recovery system, including (2) online pumps and (2) standby pumps, for primary heat loop and secondary heat loop, plumbed and wired into the container.
§ Motor Control Center for enclosure accessories § Safety devices and instruments including smoke detector, (2) gas detectors, emergency stop button, engine-generator temperature indicator
for bearings and windings, differential protection. § System Windows networking configured for remote communication; includes software license, internet firewall, Modbus communication
port, remote call out feature. 2. The following components will be supplied loose for fitting and external installation (except where noted) after unit is received at site. § Fuel gas
train, for 2-5 psig gas supply; including regulator, shutoff valve, filters. (Installed inside container.) § Exhaust flex connector and piping for connection of engine to exhaust heat
recovery unit, exhaust hot water heat recovery unit with insulation. § Exhaust piping and silencer component. § System dump radiator, with design for ambient temperature of 104 deg F;
sized to dump the heat loads for the jacket water, lube oil, intercooler and exhaust heat § Process plate and frame heat exchanger for heat recovery, for transfer of primary engine heat
to the digester process. § Two (2) Motorized shut-off valves for hot water control. • Siemens shall install one (1) fuelgas conditioning system (FCS). • The system to be installed as
a unit (except where noted) will include the following components: § inlet moisture/particulate filter § hydrogen sulfide removal media vessel § compression/moisture removal skid § condensate
pump § glycol chiller skid § remote-mounted electrical control panel • Siemens shall install FOG Receiving System components. 1. FOG receiving and delivery station shall be installed,
consisting of the following components. § grit and rock trap § motorized FOG control valves § FOG chopper pump – vertical pedestal type to chop foreign matter as pump from hauler truck
to FOG storage tank. Attachment number 2 Page 6 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 7 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 §
FOG controls – see Instrumentation and Controls section herein. § FOG transfer pump – positive displacement type, to pump from FOG storage tank to digester 2. FOG storage tank shall
be installed, consisting of the following components. § Nominal 40,000 gallon capacity tank, approximate dimensions 22.38 ft dia. x 14.68 ft ht; design for Seismic Zone 0, 140 MPH Wind
Load; material to be plate steel with factory-applied silica glass for both the interior and exterior of surfaces of the tank to protect the steel against weather and corrosion; exterior
color to be white. § Roof to be aluminum geodesic dome § Roof hatch 30 in. dia. § Flanged nozzles for FOG inlet and outlet, vent, overflow, drain, level detection instruments § Hinged
bolted door as access manway, 30 in.dia. § Sacrificial anode cathodic protection system § One (1) exterior 30” × 30” galvanized steel step-off platform with guardrail, and (1) exterior
vertical ladder assembly • Structural 1. Furnish and install concrete housekeeping pads for the following equipment and systems. Pad construction to be 4000 lb. concrete, rebar reinforced,
thickness as required by standard and system wet weight. a. FOG storage tank b. Fuelgas conditioning system skid, and refrigeration system c. Reciprocating engine-generator and auxiliary
systems in container. d. Heat recovery system equipment, including heat exchanger, hot water pumps e. FOG chopper pump. f. FOG delivery pump. • Mechanical 1. FOG Piping -Furnish and
install all FOG piping for FOG unloading, suction piping to chopper pump, discharge piping and recirculation piping to/from storage tank, and piping to tie-in point at digester primary
sludge feed line in digester building basement. Furnish and install manual isolation valves in all piping segments. Piping to be Sch. 40 glass-lined pipe 2. Digester Gas Piping -Furnish
and install all digester gas piping from tie-in with existing gas line at new tee downstream of existing condensate drip trap on branch to boiler, to new engine-generator gas train.
Furnish and install manual isolation valves at both ends of pipeline segment. Piping to be Sch. 10 ASTM 304L stainless material. 3. Hot Water Pump, Piping, and Heat Exchanger -Furnish
and install (1) hot water circulation pump and (1) process hot water heat exchanger. Furnish and install all hot water piping, as supply and return lines. One set of hot water pipelines
shall be installed to and from the engine-side of a hot water heat exchanger. A second set of hot water pipelines shall be installed to and from process-side of the heat exchanger to
and from tie-ins with existing sludge heat exchanger water heating circuit. Furnish and install manual isolation valves at suction and discharge of pump, and at tie-in points of supply
and return pipeline segments. Piping to be Sch. 40 ASTM 304L stainless material. Insulation and stainless jacket to be applied to all hot water piping. 4. Condensate Pump and Piping
-Furnish and install (1) condensate pump. Furnish and install all condensate piping from new FCS dehydration system to sump at existing septic unloading station. Furnish and install
manual isolation valves at suction and discharge of pump. Piping to be Sch. 40 ASTM 304L stainless material. • Electrical 1. Power Generation Switchgear and Engine-generator Connections
– Furnish and install all 480V switchgear, circuit breakers, disconnects, distribution panels, conduit Attachment number 2 Page 7 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 8 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 and
cable required to interconnect the engine-generator with the Northeast WWTP distribution system. Siemens will conduct terminations and tie-ins. 2. Systems power supply – Furnish and
install all breakers, disconnects, field start/stop stations, conduit and cable, terminations and tie-ins for the following equipment to be provided with 480V power § (1) Heat Recovery
system hot water pump § (1) Fuelgas conditioning system and (1) refrigeration system § (1) Dehydration process condensate pump § (1) FOG unloading station chopper pump § (1) FOG storage
tank delivery pump 3. Grounding system – Install grounding mat connecting to engine-generator, FCS, and FOG system. 4. Lightning protection – Install lightning protection for system
equipment. • Instrumentation & Controls 1. Engine-generator Operation – Furnish and install necessary Ethernet cable/system for Modbus communication port and remote message control connection
between the engine-generator control panel and the plant operations SCADA system 2. Fuel Conditioning System Operation – Furnish and install necessary Ethernet cable/system for Modbus
communication port and remote message control connection between FCS and the plant operations SCADA system. 3. Control Valves – Furnish and install control valves, actuation power, and
control wiring to each of the following § (2) glass lined motorized shut-off valves for FOG § (2) flow control valves for digester gas § (2) motorized shut-off valves for hot water 4.
FOG Receiving and Storage System Controls – Furnish, install, program, create process schematic graphics, develop FOG receipt database, while incorporating the following components.
§ FOG Hauler Interface Control Station with touch screen control panel, § programmable logic controller, § caution beacon, § software, § desktop computer station, § Ethernet module •
(2) storage tank roof-mounted radar level sensors 5.0: Northeast APCF – FIM #5 – Mixer Replacement This FIM includes the following: • Siemens shall install, test, and place into satisfactory
operation the new mixers at the Northeast Advanced Pollution Control Facilities (APCF) as specified herein. Siemens shall install all equipment identified below, with the exception of
the items demarcated as spares. • Siemens shall remove the existing mixers at the Northeast APCF as specified herein. • Siemens shall install four (4) mixers in the fermentation tanks
with motors, gear boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-20RPM-2HP-100XELSC. • Siemens shall install four (4) mixers in
the first anoxic tanks with motors, gear boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-25RPM-5HP-100XELSC. • Siemens shall install
20 mixers in the second anoxic tanks with motors, gear boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-20RPM-1HP-80XELSC. Attachment
number 2 Page 8 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 9 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 •
The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be installed by Siemens in accordance with the instructions of the manufacturer. Siemens shall use associated
Reference Documents for installation. • The mixer shall be connected to the existing electrical termination box. • Each mixer shall be mounted on a SS316 base plate with isolators as
shown in the Reference Documents and in accordance with the recommendations of the Manufacturer. • During the work, Siemens shall coordinate with the Owner to maintain the operation
of the facility, maintain the biological treatment processes, and meet permit discharge requirements. • Equipment to be installed includes the following: 1. Mixers § Mixer shafts § Mixer
blades § Motors § Gear boxes § Base plates § Isolators § Mounting brackets (at East APCF only) § Accessories 2. Shipped loose, stored locally as spare parts § Special tool, if any §
Manufacturer recommended spare parts • Mechanical 1. Demolish the existing mixer and install mixers, shafts, motors, gear boxes, base plates, isolators, mounting brackets in according
to manufacturer’s instruction, contract drawings and specifications. 2. Siemens shall furnish all necessary tools and appurtenances including nuts, bolts, and lubricant to complete the
installation. • Electrical 1. Disconnect the existing electrical connection and connect the new mixers to the existing electrical panel. 2. Install a thermal overload relay in the MCC
panel for each mixer. • The Work shall be performed in accordance with the following specifications, drawings and other attachments hereto, which are specifically incorporated herein
and made part hereof: 1. Design Drawings for Marshall Street and Northeast APCF. 2. Field Photos: depicting pre-construction conditions. 6.0: Marshall Street APCF – FIM #2 – Indoor/Outdoor
Lighting Lighting Retrofit /Lighting Occupancy Sensors Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium efficiency T-8 lamps and high efficiency ballasts
in place of all existing 32-Watt T-8 lamps and standard electronic ballasts. Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where occupancy varies
and lighting runtime reduction opportunities are present. The occupancy sensors are dual technology, which use a combination of infrared and ultrasonic sensors. The occupancy sensors
will be programmed to turn off lighting in a specified area after a 10 minute period of no occupancy. Attachment number 2 Page 9 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 10 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 The
scope of work of this FIM only includes replacement of ballasts and lamps, installation of selected fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting
occupancy sensors. Replacement of missing or broken lenses is not included in the scope of this work. A detailed description of all lighting retrofits, lighting counts, and product information
can be found in the Technical Energy Audit submitted with this contract. 7.0: Marshall Street APCF – FIM #3 – Dewatering -Centrifuges This FIM includes the following: • Install, test,
and place into satisfactory operation the new Centrifuge Dewatering System at the Marshall Street Advanced Pollution Control Facilities (APCF) Biosolids Dewatering Building as specified
herein. Siemens shall install all equipment identified below with the exception of the items demarcated as spares. • Refurbish one (1) existing belt filter press each at the Marshall
Street APCF Biosolids Dewatering Building as specified herein and identified below. • Refurbish the belt conveyors at the Marshall Street APCF Biosolids Dewatering Building as specified
herein and identified below. • Install, test, and place in satisfactory operation new polymer feed system at the Marshall Street APCF Biosolids Dewatering Building as specified herein.
• The dewatering operation of the facility shall be maintained during the work. • The centrifuge dewatering system to be installed is one (1) Andritz Model D5LL at Marshall Street APCF
with accessories and controls. The centrifuge, motors, electrical, controls, instruments, and appurtenances shall be installed by Siemens in accordance with the instructions of the manufacturer.
Siemens shall use associated Reference Documents for installation. All piping shall be supported so as to preclude the possibility of exerting undue forces and movements on the centrifuge
flanges. Each centrifuge shall be installed on concrete supports with isolators in accordance with the recommendations of the Manufacturer. Siemens shall furnish all necessary appurtenances
including but not be limited to, piping, pipe supports, gaskets, bouts, and nuts for the complete installation of the centrifuge dewatering system and furnish all oil, and grease for
initial operation in accordance with the Manufacturer’s recommendations. During the work, Siemens shall maintain the dewatering operation of the facility at all time. • One (1) existing
belt filter press at Marshall Street APFC is to be refurbished on-site as backup to the centrifuge dewatering system to meet Class I reliability. Siemens shall use associated Reference
Documents for refurbishment. Siemens shall furnish all necessary appurtenances for the work. During the work, Siemens shall maintain the dewatering operation of the facility at all time.
• One (1) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible belt conveyor, two (2) 20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished on-site
at the Marshall Street APCF. Siemens shall use associated Reference Documents for refurbishment. Siemens shall furnish all necessary appurtenances for the work. During the work, Siemens
shall maintain the dewatering operation of the facility at all time. • The polymer feed system to be installed is up to one (1) VeloDyne VeloBlend Series completed polymer feed system
and appurtenances at Marshall Street APCF. The polymer feed system, electrical, controls, instruments, and appurtenances shall be installed by Siemens in accordance with the instructions
of the manufacturer. Siemens shall use associated Reference Documents for installation. Siemens shall install the interconnecting piping with the existing VeloBlend polymer feed system
with isolate valves. Each polymer feed system shall be installed in accordance with recommendations of the manufacturer. Siemens shall furnish all necessary appurtenances including but
not be limited to piping, pipe supports, valves, gasket, bolts and nuts, oil and grease for initial operation in accordance with manufacturer’s recommendations. Attachment number 2 Page
10 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 11 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 •
Equipment to be installed includes the following: 1. Centrifuge Dewatering System b. Major Components installed as a unit § Bowl and bowl cover § 100 HP main drive motor § 20 HP back
drive system § Discharge chute and connections § Polymer and wash water injection § Speed reducer § Base § Main centrifuge bearings § Sample taps § Isolators § Control panels with VFD
and PLC controller § Diverter gate b. Shipped Loose Accessory Components, to be installed separately in field. § Fasteners § Instruments § Spare parts – manufacturer recommended spare
parts § Special tools 2. Polymer Feed System c. Major Components installed as a unit § Skid mounted system with control panel and PLC controller d. Shipped Loose Accessory Components,
to be installed separately in field § Valves § Spare Parts in clearly identified containers o One (1) mechanical seal or packing per pump o One (1) set of mixing chamber o-rings o One
(1) mixing chamber injection check valve o One (1) pump stator • Equipment to be refurbished on-site includes the following: 1. Belt Filter Press § Replace wear strip grid system in
the gravity and wedge zones § Replace table rolls (8 of them will be reused) § Replace corroded upper and lower tension brackets § Replace corroded sidewall support brackets § Perform
all incidental work 2. Conveyors § 24-in-x-25ft-8-in conveyor § refurbish the drive drum § replace pillow block bearings § refurbish take-up drum § replace take-up drum bearings § replace
motor (1 hp 1740 rpm) § replace gear reducer § replace motor mount § replace V-belt § replace belt scraper § replace schedule 80 PVC idlers and end caps § replace shafts § replace vulcanized
belt. § replace SS drive shaft and tail shaft Attachment number 2 Page 11 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 12 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 §
replace SS althread rods § replace brass nuts § perform all incidental work 3. Reversible belt conveyor § replace motor (1 hp) § replace double reduction-gear reducer § refurbish drive
drum § replace drive bearings § replace V-belt § replace pillow block bearings § replace 3-in schedule 80 PVC idlers and end caps § replace SS shafts § refurbish take-up drum § replace
take-up bearings § replace althread rod § replace brass nuts § replace 38-ft two-ply vulcanized belt § perform all incidental work 4. Shuttle Belt Conveyor § replace SS angles § replace
pillow block bearings § replace SS shafts § replace 3-in PVC idlers and end caps § replace ½-hp and 1-hp motors § replace reducer and base kit o replace sprockets § replace SS chain
§ refurbish drive drum § refurbish take-up drum § replace take-up bearings § replace althread rods § replace bronze nuts § replace SS hex head bolts § replace SS flat and lock washers
§ perform all incidental work • Mechanical 1. Centrifuge Dewatering and Polymer Feed System § Remove one of the existing belt presses and associated electrical and control, modify the
walkway, refurbish the remaining belt press on-site, refurbish the conveyors on-site, remove the existing polymer feed system and install new VeloBlend polymer feed system. § Discharge
Piping -Fabricate and install sludge feed pipe, filtrate discharge pipe, polymer feed pipe, and wash water pipe. § Accessory Components – Assemble and install all loose components, as
identified above • Electrical 1. Furnish and install electrical and control per drawings and specifications. 2. Modify the SCADA system to incorporate the new equipment per drawings
and specifications. • Instrumentation 1. Furnish and install instruments per drawings and specifications. 2. Unit process controls shall be fully integrated into the existing plant SCADA
system. Attachment number 2 Page 12 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 13 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 •
The Work shall be performed in accordance with the following specifications, drawings and other attachments hereto, which are specifically incorporated herein and made part hereof: 1.
Design drawings and specifications 2. Field Photos: depicting pre-construction conditions at each facility. 8.0: Marshall Street APCF – FIM #4 – Mixer Replacement This FIM includes the
following: • Siemens shall install, test, and place into satisfactory operation the new mixers at the Marshall Street Advanced Pollution Control Facilities (APCF) as specified herein.
Siemens shall install all equipment identified below, with the exception of the items demarcated as spares. • Siemens shall remove the existing mixers at the Marshall Street APCF as
specified herein. • Siemens shall install six (6) mixers in the fermentation tanks with motors, gear boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions
model 4020-PTOS-25RPM-1HP-70XELSC. • Siemens shall install nine (9) mixers in the first anoxic tanks with motors, gear boxes, and accessories. The mixers to be installed are Philadelphia
Mixing Solutions model 4020-PTOS-20 RPM-1HP-80XELSC. • Siemens shall install twelve (12) mixers in the second anoxic tanks with motors, gear boxes, and accessories. The mixers to be
installed are Philadelphia Mixing Solutions model 4020-PTOS-20RPM-1HP-80XELSC. • The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be installed by Siemens
in accordance with the instructions of the manufacturer. Siemens shall use associated Reference Documents for installation. • The mixer shall be connected to the existing electrical
termination box. • Each mixer shall be mounted on a SS316 base plate with isolators as shown in the Reference Documents and in accordance with the recommendations of the Manufacturer.
• During the work, Siemens shall coordinate with the Owner to maintain the operation of the facility, maintain the biological treatment processes, and meet permit discharge requirements.
• Equipment to be installed includes the following: 1. Mixers § Mixer shafts § Mixer blades § Motors § Gear boxes § Base plates § Isolators § Mounting brackets (at East APCF only) §
Accessories 2. Shipped loose, stored locally as spare parts § Special tool, if any § Manufacturer recommended spare parts • Mechanical 1. Demolish the existing mixer and install mixers,
shafts, motors, gear boxes, base plates, isolators, mounting brackets in according to manufacturer’s instruction, contract drawings and specifications. 2. Siemens shall furnish all necessary
tools and appurtenances including nuts, bolts, and lubricant to complete the installation. Attachment number 2 Page 13 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 14 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 •
Electrical 1. Disconnect the existing electrical connection and connect the new mixers to the existing electrical panel. 2. Install a thermal overload relay in the MCC panel for each
mixer. • The Work shall be performed in accordance with the following specifications, drawings and other attachments hereto, which are specifically incorporated herein and made part
hereof: 1. Design Drawings for Marshall Street and Northeast APCF. 2. Field Photos: depicting pre-construction conditions. 9.0: East APCF – FIM #1 – Indoor/Outdoor Lighting Lighting
Retrofit /Lighting Occupancy Sensors Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium efficiency T-8 lamps and high efficiency ballasts in place of
all existing 32-Watt T-8 lamps and standard electronic ballasts. Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where occupancy varies and lighting
runtime reduction opportunities are present. The occupancy sensors are dual technology, which use a combination of infrared and ultrasonic sensors. The occupancy sensors will be programmed
to turn off lighting in a specified area after a 10 minute period of no occupancy. The scope of work of this FIM only includes replacement of ballasts and lamps, installation of selected
fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting occupancy sensors. Replacement of missing or broken lenses is not included in the scope of this
work. A detailed description of all lighting retrofits, lighting counts, and product information can be found in the Technical Energy Audit submitted with this contract. General Responsibilities
For all of the FIMs listed above, the City will be required to review the design, provide comments and approvals as needed. The City will also be required to review, provide comments
and approvals as needed for the equipment used in the measurement and verification process. Once the final designs are completed, SIEMENS will provide the required as-built drawings.
Attachment number 2 Page 14 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 15 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 Article
2: Work Implementation Period 2.1 Commencement of Work (select one): 2.1.1 SIEMENS shall commence the Work on __________, 20__, and shall perform the Work diligently and shall complete
the Work no later than ____________, 20__; or, 2.1.1 SIEMENS shall commence the Work calendar days from the Effective Contract Date, and shall perform the Work diligently and shall complete
the Work no later than calendar days from the day of commencement. 2.2 Milestones: Specific scheduling milestones and coordination requirements are as follows: Article 3: Scope of Services-Performanc
e Assurance Services Program 3.1 A reconciliation of Savings shall be performed each Annual Period. SIEMENS will perform either a one-time equipment measurement or ongoing annual measurements,
depending on the FIM. Please refer to Exhibit C for the scope of the Measurement and Verification Program included as a part of the PASP. Article 4: Scope of Services-Maintenance Services
Program . CLIENT has elected to self-implement maintenance for all FIMs, with the exception of a sharedresponsibility maintenance program pertaining to FIM #4 – See Section 4.1 for details.
Therefore, regarding all other FIMs, SIEMENS shall not perform any on-going maintenance services, although the Parties may negotiate a separate agreement for such services at a later
date. CLIENT agrees that it will maintain the equipment per manufacturer specifications and that it will operate the Equipment in accordance with the Contracted Baseline described in
Article 7 of Exhibit C. If CLIENT fails to properly maintain or operate the Equipment, SIEMENS shall have the right to modify the Performance Guarantee pursuant to Article 4 of the Agreement.
X The follow consists of the Services to be performed by SIEMENS 4.1 Shared Responsibility of Maintenance Services for FIM #4, Methane Capture and Reuse To achieve the guarantee per
Exhibit C Article 4.2.4 the maintenance tasks associated with the Cogeneration and FOG systems equipment within FIM #4 must be performed. The City and Siemens will share responsibility
as indicated within the respective articles below. The respective tasks shall follow the manufacturer’s recommendation for conducting maintenance on certain repetitive schedules, with
the exception where digester gas composition or field conditions may be cause for an adjustment to the schedules. In all cases where a maintenance schedule adjustment is required, Siemens
shall communicate in writing to the City the need for such adjustment. Prior to equipment shutdown for purposes of maintenance, Northeast APCF operations shall be notified of intended
shutdown. • Siemens Responsibilities 1. Reciprocating engine-generator – Furnish the following parts/materials. § Furnish oil sampling kit § Engine lubrication oil Attachment number
2 Page 15 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 16 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 §
Engine lubrication oil filter § Spark plugs 2. Reciprocating engine-generator – Furnish parts/materials and labor to perform maintenance, e.g. refurbishment or replacement, for the following
tasks/components. § Cleaning of the Engine-Generator and auxiliary systems, including switchgear, control and interface cubicles, relays, MCCs, radiators and all heat exchangers and
pumps within container boundary. § Overhaul of engine-generator, including starter, ignition system, turbocharger, water pump, oil pump, valve train, camshaft, crankshaft, cylinder head,
bearings, coolant fluid, and generator/alternator, and other miscellaneous components that are required for reciprocating enginegenerator proper and consistent operation. § Changing
of spark plugs § Lubrication oil sampling and shipping to lab for analysis. § Changing lubrication oil and oil filter. § Arrange for and administer the retrieval and disposal of waste
oil. § Arrange for and administer the retrieval and disposal of coolant fluid. 3. Fuelgas Conditioning System – Furnish parts/materials and labor to perform the following task. § Remove
spent hydrogen sulfide adsorption media, and replace with fresh media. § Remove spent FOG tank odor control vessel with media, and replace with new vessel with media. § Changing blower
oil and filter. § Arrange for and administer the retrieval and disposal of waste oil. § Replacement of drive belts. § Refrigeration system component inspection and cleaning. § Calibration
of biogas sensors and flowmeter. 4. FOG Receiving and Storage System § Clean out debris from rock and grit traps § Pump maintenance. § Control valve maintenance § Calibration of level
sensors § Maintain Hauler’s Interface Control Station, and connectivity and functionality of components connected to and delivering data to SCADA/plant IT network. • City’s Responsibilities
1. Reciprocating engine-generator – Furnish labor to perform the following tasks. § Conduct daily inspections. § Clean and maintain electrical switchgear, breakers and protective relay
equipment associated with the interconnection of the electrical generator to the Northeast APCF electrical distribution facility. § Maintain connectivity and functionality of components
connected to and delivering data to SCADA/plant IT network. 2. Fuelgas Conditioning System – Furnish parts/materials and labor to perform the following tasks. § Conduct daily inspections
§ Maintain connectivity and functionality of components connected to and delivering data to SCADA/plant IT network. 3. FOG Receiving and Storage System § Conduct daily inspections. Attachment
number 2 Page 16 of 17 Item # 12
Exhibit A -Scope of Work and Services City of Clearwater, Florida Page 17 of 17 Siemens Industry, Inc., Building Technologies Division Exhibit A -Scope of Work and Services v. 2009 By
signing below, this Exhibit is attached to and made a part of the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature:
Printed Name: Title: Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides
Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 17 of 17 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 1 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 1: Payment for
Scope of Work 1.1 Price: As full consideration of the Work as described in Exhibit A, Article 1: Scope of Work, CLIENT shall pay to SIEMENS $6,902,076 (plus taxes, if applicable). Table
B.1 reflects SIEMENS’ Contract Price and also reflects $2,959,683 for owner-direct purchase (“ODP”, pursuant to Section 212.08(6) of the Florida Statutes and the Fla. Admin. Code Ann.
R. 12A-1.094 and 12A-1.038) of related equipment by the CLIENT from vendors, as required to perform the required services. Therefore, total price of the project is $9,861,759. 1.2 Payment
Warranty: In lieu of an escrow account, CLIENT hereby warrants that: (1) the Project is being financed by the issuance and sale of bonds, whose sale has been consummated and the proceeds
of which are in the CLIENT’S exclusive possession and control; (2) the use of these proceeds is restricted to funding the SIEMEN’S Work as specified in this Agreement and the bond(s)
offering, and (3) that the CLIENT as a body politic and incorporate is of investment grade. In the event CLIENT has previously approved SIEMENS to proceed with the Work, the CLIENT shall
be obligated to reimburse SIEMENS for authorized Work performed to date. 1.3 Timely Payments: The CLIENT agrees to pay SIEMENS per Table B.1 below. CLIENT agrees to pay all invoices
submitted by SIEMENS per Article 8 of the Agreement. Table B.1 – FIM Work Payment Schedule Project Phase Payments ($) Payments (%) Schedule Engineering/Preconstruction Services/Audit
345,104 5% 7/1/2011 Progress Payment #1 1,035,311 15% 10/1/2011 Progress Payment #2 1,035,311 15% 12/1/2011 Progress Payment #3 1,035,311 15% 2/1/2012 Progress Payment #4 690,208 10%
03/1/2012 Progress Payment #5 690,208 10% 12/1/2011 Progress Payment #6 690,208 10% 1/1/2012 Progress Payment #7 345,104 5% 3/1/2012 Progress Payment #8 345,104 5% 5/1/2012 Progress
payment #9 345,104 5% 8/1/2012 Retainage 345,104 5% 10/1/2012 SIEMENS’ PRICE: $6,902,076 100% NORTH EAST Bio Reactor Centrifuge Polymer Pumps Electric Generator Fuel Conditioning System
Mixers $127,000 $345,500 $54,014 $641,760 $329,402 $578,000 Owner Direct Purchase MARSHALL STREET Centrifuge Polymer Pumps Mixers $345,500 $27,007 $511,500 Owner Direct Purchase TOTAL
PROJECT COST: 9,861,759 Attachment number 3 Page 1 of 6 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 2 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 1 of Exhibit
B is attached to and made a part of the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title:
Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant
City Attorney City Clerk Attachment number 3 Page 2 of 6 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 3 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 2: Payment for
Performance Assurance Services Program (PASP) 2.1 Price: As full consideration of the Services as described in Exhibit A, Article 3, the CLIENT shall pay to SIEMENS the amounts identified
in Table B.2 plus taxes, if applicable, on the dates identified therein. 2.2 Performance Assurance Services Program Term: The term of the PASP shall commence on the Guarantee Date and
shall extend for either: (a) the term of the Performance Guarantee Period where multi-year obligations are allowed; or (b) for twelve (12) month periods corresponding to the term of
each Annual Period. 2.3 Automatic Renewal: Where the PASP term is limited to an Annual Period, the PASP shall automatically renew for successive Annual Periods beginning on the anniversary
date of Guarantee Date. Either party may request to amend the PASP at the end of an Annual Period by giving the other party at least sixty (60) days prior written notice of such amendments
and such amendment shall be mutually negotiated by the Parties and effective upon a written amendment signed by both Parties prior to commencement of the next Annual Period. Each automatic
renewal shall be and remain subject to the terms and conditions of this Agreement. SIEMENS obligations under the Performance Guarantee are dependent upon and subject to the express condition
that the CLIENT maintains the PASP during the entire Performance Guarantee Period. 2.4 Termination: See Section 4.7 of the Agreement. Table B.2 – Performance Assurance Program Payment
Schedule Date Annual Payments ($) Notes 9/1/2012 $ 12,458 9/1/2013 $ 12,832 9/1/2014 $ 13,217 9/1/2015 $ 13,613 9/1/2016 $ 14,022 9/1/2017 $ 14,442 9/1/2018 $ 14,876 9/1/2019 $ 15,322
9/1/2020 $ 15,781 9/1/2021 $ 16,255 9/1/2022 $ 16,743 9/1/2023 $ 17,245 9/1/2024 $ 17,762 9/1/2026 $ 18,295 9/1/2026 $ 18,844 Attachment number 3 Page 3 of 6 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 4 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 2 of Exhibit
B is attached to and made a part of the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title:
Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant
City Attorney City Clerk Attachment number 3 Page 4 of 6 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 5 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 3: Payment for
Maintenance Services Program (MSP) 3.1 Price: As full consideration of the Services as described in Exhibit A, Article 4, the CLIENT shall pay to SIEMENS the amounts identified in Table
B.3 plus taxes, if applicable, on the dates identified therein. 3.2 Maintenance Services Program Term: The initial or first term of the MSP shall commence on the Operation Date and shall
have duration of 12 months and shall extend thereafter for the term as identified in Table B.3 and in accordance with Section 3.3 below. 3.3 Automatic Renewal: Where multi-year obligations
are disallowed, the Maintenance Services Program shall automatically renew for successive twelve (12) month periods beginning on the ending anniversary date of the initial or first term
as set forth in Article 3.2 above, and each twelve (12) month period thereafter as identified in Table B.3. Either party may request not to renew or to amend the Maintenance Services
Program at the end of the initial term or at the end of a renewal term by giving the other party at least sixty (60) days prior written notice of such amendments or intent not to renew.
Each renewal shall be and remain subject to the terms and conditions of this Agreement. Table B.3 – Maintenance Services Program Payment Schedule Date Annual Payments ($) Notes 9/1/2012
$ 253,197 9/1/2013 $ 260,793 9/1/2014 $ 268,617 9/1/2015 $ 276,675 9/1/2016 $ 284,975 9/1/2017 $ 293,525 9/1/2018 $ 302,330 9/1/2019 $ 311,400 9/1/2020 $ 320,742 9/1/2021 $ 330,365 Attachment
number 3 Page 5 of 6 Item # 12
Exhibit B – Payment Schedules City of Clearwater, Florida Page 6 of 6 Siemens Industry, Inc., Building Technologies Division Exhibit B -Payment Schedules v. 2009 Article 3 of Exhibit
B is attached to and made a part of the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title:
Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant
City Attorney City Clerk Attachment number 3 Page 6 of 6 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 1 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R The following
Articles and Tables are hereby included and made part of this Exhibit C: Article 1: Summary of Articles and Total Guaranteed Savings Article 1 Summary of Articles and Total Guaranteed
Savings Article 2 Guarantee Savings Types Article 3 Guarantee Term Responsibilities of CLIENT Article 4 Measurement and Verification Plan Article 5 Baseline Data Article 6 Utility Rate
Structures and Escalation Rates Article 7 Contracted Baseline Data Table 1.1 – Total Guaranteed Savings (Units) Performance Period Electric Energy Saved (kWh) Electric Power Saved (kW)
Polymer Saved (Gallons) PRISC Saved (Gallons) Disposal (Wet Tons) Construction 0 0 0 0 0 Annual Period 1 4,276,122 3,492 -3,235 11,046 6,176 Table 1.2 – Total Guaranteed Savings (Cost)
Performance Period Energy/Operational Measured Savings Operational Savings Stipulated Total Savings Construction $0.00 $0.00 $0.00 Annual Period 1 $507,516 $3,523 $511,039 Annual Period
2 $522,742 $3,629 $526,370 Annual Period 3 $538,424 $3,738 $542,161 Annual Period 4 $554,577 $3,850 $558,426 Annual Period 5 $571,214 $3,965 $575,179 Annual Period 6 $588,350 $4,084
$592,434 Annual Period 7 $606,001 $4,207 $610,207 Annual Period 8 $624,181 $4,333 $628,514 Annual Period 9 $642,906 $4,463 $647,369 Annual Period 10 $662,193 $4,597 $666,790 Annual Period
11 $682,059 $4,735 $686,794 Annual Period 12 $702,521 $4,877 $707,398 Annual Period 13 $723,597 $5,023 $728,620 Annual Period 14 $745,304 $5,174 $750,478 Annual Period 15 $767,664 $5,329
$772,992 TOTALS $9,439,248 $65,524 $9,504,772 *Operational savings consists of, lighting materials and disposal reductions in cost. 1.1 Table 1.1 shows the CLIENT’S guaranteed energy/utility
unit Savings for Annual Period 1 of the Agreement. Table 1.2 shows the CLIENT’S guaranteed cost Savings that can be extrapolated from the guaranteed energy/utility unit Savings shown
in Table 1.1 by multiplying the energy/utility Savings by the Baseline energy/utility rates including the stipulated Escalation Rates found in Article 6. 1.2 SIEMENS cannot and does
not predict fluctuations in utility rates or the cost of energy. Therefore, the CLIENT and SIEMENS agree that the energy/utility cost Savings for each Annual Period will be calculated
by multiplying the verified units of energy/utility Savings by the Annual Period’s stipulated energy/utility rate and Escalation Rates and not the Annual Period’s actual utility rate.
1.3 The determination of Energy/Utility Savings will follow current best practice, as defined in the IPMVP, or the FEMP Guidelines where required, unless otherwise agreed to by the Parties.
Attachment number 4 Page 1 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 2 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R This Exhibit
C comprising of Enter TOTAL number of pages including appendicies pages is attached to and made a part of the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc.
Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved
as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 4 Page 2 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 3 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article 2:
Guaranteed Savings Options 2.1 Guarantee Savings Options for Energy/Utility Savings: Utilizing IPMVP, there are four guarantee savings options to measure and verify Energy/Utility Savings:
Option A -Retrofit Isolation: Key Parameter Measurement; Option B -Retrofit Isolation: All Parameter Measurement; Option C -Whole Facility; and, Option D – Calibrated Simulation. Option
A -Retrofit Isolation: Key Parameter Measurement. Savings are determined by field measurement of the key performance parameter(s) which define the energy use of the FIM’s affected system(s)
and/or the success of the project. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the measured parameter, and the length of the reporting
period. Parameters not selected for field measurement are estimated. Estimates can be based on historical data, manufacturer’s specifications, or engineering judgment. Documentation
of the source or justification of the estimated parameter is required. The plausible savings error arising from estimation rather than measurement is evaluated. The predetermined schedule
for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program. Option B – Retrofit Isolation: All Parameter Measurement. Savings
are determined by field measurement of the energy use of the FIM-affected system. Measurement frequency ranges from short-term to continuous, depending on the expected variations in
the savings and the length of the reporting period. The predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance
Services Program. Option C -Whole Facility: Savings are determined by measuring energy use at the whole facility or subfacility level. Continuous measurements of the entire facility’s
energy use are taken throughout the reporting period. The predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance
Services Program. Option D -Calibrated Simulation: Savings are determined through simulation of the energy use of the whole facility, or of a sub-facility. Simulation routines are demonstrated
to adequately model actual energy performance measured in the facility. This Option usually requires considerable skill in calibrated simulation. The predetermined schedule for data
collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program. 2.1.1. Operational Savings: Operational Savings are Stipulated Savings
derived from data provided by the CLIENT to SIEMENS that supports the stipulated outcome. Section 2.3 below identifies each source of Operational Savings, the Stipulated Savings, and
any applicable Escalation Rate to be applied. The Stipulated Savings applicable to all Annual Periods will be achieved upon completion of the FIM. No further measurement or verification
will need to be performed. 2.2 Table 2.1 below summarizes the first Annual Period’s Guaranteed Savings (See Article 1, Tables 1.1 and 1.2) utilizing the applicable Options as applied
to the referenced FIMs valued pursuant to the agreed upon amounts identified in Article 6 hereof . Attachment number 4 Page 3 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 4 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Table 2.1
– Savings for First Annual Period by Option Energy/Utility Saving $ Operational Savings $ Guarantee Type Options FIM A Retrofit Isolation: Key Parameter Measurement B Retrofit Isolation:
All Parameter Measurem ent C Whole Facility D Calibrated Simulation Total Energy /Utility Savings Operational Savings Stipulated Total Savings $ Northeast – Odor Control $45,618 $0 $0
$0 $45,618 $0 $45,618 Northeast – Lighting $14,793 $0 $0 $0 $14,793 $1,128 $15,921 Northeast – Dewatering $48,149 $0 $0 $0 $48,149 $0 $48,149 Northeast – Methane Recapture $160,377 $0
$0 $0 $160,377 $0 $160,377 Northeast – Mixers $82,989 $0 $0 $0 $82,989 $0 $82,989 Marshall – Lighting $14,459 $0 $0 $0 $14,459 $1,909 $16,368 Marshall – Dewatering $56,249 $0 $0 $0 $56,249
$0 $56,249 Marshall – Mixers $77,007 $0 $0 $0 $77,007 $0 $77,007 East – Lighting $4,352 $0 $0 $0 $4,352 $486 $4,838 TOTALS $503,993 $0 $0 $0 $503,993 $3,523 $507,516 2.3 Table 2.2 identifies
the source of Operational Savings defined and quantified by the CLIENT. The Parties affirm that such amounts are Stipulated Savings for purposes of calculating Annual Realized Savings
and acknowledge that the Guaranteed Savings identified herein have been based on CLIENT’S affirmation. OPERATIONAL SAVINGS SHALL NOT BE MEASURED OR MONITORED DURING THE PERFORMANCE GUARANTEE
PERIOD. Table 2.2 -Source of Operational Savings for First Annual Period Account/'Vendor Description Annual Value ($) # of Annual Periods Savings Are Applied First Year Annual Savings
Allowed Lighting – All APCFs Reduced Lamp/Ballast Replacements $3,523 15 1 2.4 SIEMENS has explained to the CLIENT and the CLIENT has satisfied itself as to how Operational Savings are
incorporated into the Annual Realized Savings. 2.5 The Escalation Rate applicable to the Operation Savings is 3% BY SIGNING BELOW, THE PARTIES CONFIRM THAT THEY HAVE REVIEWED THE INCLUDED
GUARANTEE SAVINGS OPTIONS AND THEIR APPLICATION TO BE USED IN CALCULATING SAVINGS UNDER THE AGREEMENT. Attachment number 4 Page 4 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 5 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R SIEMENS:
Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Countersigned: CITY OF CLEARWATER Frank V. Hibbard William B. Horne II Mayor-Councilmember
City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 4 Page 5 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 6 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article 3:
Guarantee Term Responsibilities of the CLIENT In addition to the CLIENT’S responsibilities under Article 6 of the Agreement, this Article details the responsibilities of the CLIENT in
connection with the management and administration of the Performance Guarantee. 3.1 The CLIENT will provide a representative at each Facility to coordinate work and provide required
data described below. 3.2 The CLIENT will provide SIEMENS with accurate facility operating information as defined below and in the Contracted Baseline article of this Exhibit C during
each Annual Period, within thirty (30) days of any Material Change that may increase or decrease energy usage. 3.3 CLIENT will provide SIEMENS with copies of utility bills within thirty
(30) days of receipt by CLIENT or provide access to utility vendor information. 3.4 If required for the Work, CLIENT will provide telephone/data remote access, through SIEMENS Insight®
software package or otherwise, as SIEMENS reasonably requests. All charges related to telephone/data line installation, activation and communication services are the responsibility of
the CLIENT. Attachment number 4 Page 6 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 7 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article 4:
Measurement and Verification Plan The following information is applicable to this Agreement: Article 4.1 General Overview Article 4.2 Option A -Retrofit Isolation: Key Parameter Measurement
Article 4.3 Option B -Retrofit Isolation: All Parameter Measurement Article 4.4 Option C -Whole Facility Article 4.5 Option D -Calibrated Simulation 4.1 General Overview – The purpose
of the Measurement and Verification (M&V) Plan is to identify the methods, measurements, procedures and tools that will be used to verify the Savings for each FIM which has Energy/Utility
Savings. Savings are determined by comparing prior usage, consumption or efficiencies defined as the Baseline to the selected FIMs being implemented against the post FIM implementation
usage, consumption or efficiencies. The Baseline usage, consumption or efficiencies is described in this Exhibit C, Article 5. The usage, consumption or efficiencies associated with
the FIM implementation is defined as the Contracted Baseline, and are described in this Exhibit C, Article 7. NOTE: Excess savings will always be retained by CLIENT; there are no shared
savings for dollars achieved in excess of the savings. This eliminates all risk to CLIENT for conservatism in calculations of the energy and operational savings. 4.2 Option A -Retrofit
Isolation: Key Parameter Measurement 4.2.1 Northeast APCF – FIM #1 – Odor Control – Biofilter M&V Method – The key measurement parameters for this FIM are chemical usage and H2S levels
in the Headworks building at the plant. The baseline for this measure is based on invoices for the existing chemical usage and pre-measurements of H2S levels within the headworks building
taken before the upgrades are made at a location agreed upon by all parties. Post measurements for this measure will include post retrofit invoices for chemical usage for PRISC and Odophos
and post-measurements of H2S levels within the headworks building in the same locations chosen for the pre-measurements. The H2S levels will be continuously logged with an Odalogger
and reported to the CLIENT. The National Institute for Occupational Safety and Health (NIOSH) threshold value for the H2S OEL (Occupational Exposure Limit, concentration refers to the
Time Weighted Average (TWA) concentrations for a normal eight-hour period) is 10 ppm. Post measurements will be compared to baseline and guaranteed consumption avoidance will be verified.
This reconciliation will be done annually for each performance period year for the life of this agreement. Description -The savings for this energy conservation measure is derived by
reducing the amount of chemicals currently used for odor control. A Siemens Chemical Delivery Report was obtained for calendar years 2007 through 2009. The amount, in gallons, delivered
to the plant during our baseline year of 2009 is shown in the table below. The new Biofiltration unit will consume energy (3.5 HP motor) to operate. This energy consumption, although
small, was included in the overall savings calculation for this FIM. Annual Energy Costs are calculated and can be found in Appendix 1 of the Detailed Energy Audit. The Odor Control
system will be designed to keep H2S levels in the headworks building within the acceptable NIOSH OEL threshold value. Calculations -Total Annual Savings = Annual Chemical Savings – Annual
Energy Costs – Annual Maintenance Costs Where: Attachment number 4 Page 7 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 8 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R • Annual
Chemical Savings = Date of Delivery Odophos Gallons Total Cost January 9, 2009 1950 $ 1,657.50 January 12, 2009 2500 $ 2,125.00 January 19, 2009 1300 $ 1,105.00 February 9, 2009 400
$ 340.00 February 28, 2009 1300 $ 1,105.00 March 24, 2009 2600 $ 2,210.00 April 2, 2009 1200 $ 1,020.00 April 9, 2009 900 $ 765.00 April 16, 2009 500 $ 425.00 June 8, 2009 3100 $ 2,635.00
June 25, 2009 1000 $ 850.00 July 21, 2009 1200 $ 1,020.00 July 21, 2009 1000 $ 850.00 August 28, 2009 500 $ 425.00 August 28, 2009 1700 $ 1,445.00 November 25, 2009 2100 $ 1,785.00 December
4, 2009 1800 $ 1,530.00 December 11, 2009 200 $ 170.00 Annual Total 25250 $ 21,462.50 Where: • Annual Energy Costs = Refer to Appendix 1of Detailed Energy Audit for calculations • Annual
Energy Costs = $1,082.36 Where: Date of Delivery PRISC Gallons Total Cost January 22, 2009 1006 $ 4,305.68 February 13, 2009 2000 $ 8,560.00 March 19, 2009 1800 $ 7,704.00 April 27,
2009 2300 $ 9,844.00 June 5, 2009 1900 $ 8,132.00 July 13, 2009 1700 $ 7,276.00 August 21, 2009 2178 $ 9,321.84 October 6, 2009 2505 $ 10,721.40 November 9, 2009 2000 $ 8,560.00 December
14, 2009 1021 $ 4,369.88 Annual Total 18410 $ 78,794.80 60% Reduction 11046 $ 47,276.88 Attachment number 4 Page 8 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 9 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R • Annual
Maintenance Costs = Annualized Nutrient Costs + Annualized Media Replacement Costs • Annual Maintenance Costs = $169 + $388 per year • Annualized Maintenance Costs = $577 per year Total
Annual Savings = $47,276.88 -$1,082.36 -$577 Total Annual Savings = $45,617.52 Sample Shortfall Calculation: Baseline Odophos Total Units = 25,250 gallons Baseline PRISC Total Units
= 18,410 gallons Year 1 Odophos Invoice Total Units = 25,250 gallons Year 1 PRISC Invoice Total = 19,500 gallons Year 1 Savings Total Units = (25,250 – 25,250) + (18,410 – 19,500) =
-1,090 gallons Guarantee not met à shortfall check to be written to the City in the amount of: Sample Shortfall Dollars = 1,090 gallons * $4.28/gallon PRISC = $4,665.20 4.2.2 Northeast
APCF – FIM #2 – Indoor/Outdoor Lighting M&V Method – The key measurement parameter for this FIM is pre and post-retrofit wattage. A sample of Lighting Ballast Combinations (LBCs), not
to exceed 5% of total fixtures retrofit, will be measured pre-retrofit and post-retrofit to demonstrate calculated reduction was attained. An asbuilt lighting listing will be provided
to CLIENT showing total target wattage reduction was achieved or exceeded. The same watt meter will be used to check both the pre and post-retrofit wattages. The post measurements will
be taken after the manufacturers recommended burn-in period. These measurements will be performed one time and will be documented in the construction period report. Description -The
following table lists the predicted energy and maintenance savings. Refer to Appendix 1 of the Detailed Audit Report for details. Table: Predicted Energy Savings FIM Annual Reduction
kWh kW (12 month sum) Lighting Efficiency Improvements 196,288 347 Calculations -Energy savings is determined by calculating baseline and post-installation lighting kW and kWh. Fixture
Wattages are based on an Industry table of standard Wattages. Baseline: total kW qty of fixtures kW diversity base fixture base = × × total kWh total kW operating hours base base = ×
Where: • total kW base = cumulative baseline electric power draw of lighting fixtures • qty of fixtures = quantity of similar fixtures in the group represented by the sampling Attachment
number 4 Page 9 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 10 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R • kW fixture
base = baseline fixture wattage determined from measurement or from Industry standard table of fixture Wattages • Diversity = fraction of fixtures on simultaneously • total kWh base
= cumulative baseline electric energy consumption of lighting fixture • Operating Hours = number of stipulated annual operating hours as determined by building operating hours and occupant
interviews Post-installation: Lights post (kW) = # of fixtures x (Fixture kW post) x diversity Lights post (kWh) = Lights post (kW) x Operating Hours Where: • Fixture kW post = baseline
fixture wattage determined from measurement • # of fixtures = number of similar fixtures • Lights post (kW) = cumulative baseline electric power draw of lighting fixtures • Lights post
(kWh) = cumulative baseline electric energy consumption of lighting fixtures • Operating Hours = number of stipulated annual operating hours as determined by building operating hours
and occupant interviews. These hours are the same as the base case unless occupancy sensors are installed in the circuit. The reduction in operating hours will be assumed to be 50% for
all these circuits. Efficiency Savings: • Savings lights (kW) = Lights base (kW) – Lights Post (kW) • Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh) Sample Calculations
for this FIM are shown below: Existing Lighting System Total Hours kWh/yr Qty Hours On-peak off-peak Watts kW on-peak off-peak 2X4 2 LAMP T12 TROFFER 11 6570 2163 4407 836 0.84 1,817
3,702 Proposed Lighting System Total Hours kWh/yr Hours ECM Qty Hours On-peak off-peak Watts kW on-peak off-peak Reduction 11 462 0.46 3,035 3,022 -0.42% 2LXS 11 6570 2163 4407 462 0.46
995 2,027 kW Savings per kW Savings kWh Savings kWh $ Savings Attachment number 4 Page 10 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 11 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Northeast
WRF (Based on 2010 Sludge Production Data) Belt Press Centrifuge Remarks for Belt Press (annual average) Sludge flow to belt press: 15.67 1 5.67 MG/year (Estimated from H&H report) 2
.24 2 .24 % Solids PAD (From DMR) 9 ,628.29 6 ,097.92 wt/year 15.20 2 4.00 % (Based on H&H report, see Worksheet "Compare") > 95 % solids capture 1 ,463.50 1 ,463.50 dt/year (Based on
H&H report, see Worksheet "Compare") Polymer usage: 17.77 2 5.00 lb active/dt (40% active -Based on Polydyne SE-797 used by the City) 7 ,964.12 1 0,967.48 gal/year (From DMR) 6 5,029.00
9 1,468.75 lb/year (From DMR) Operating schedule: 89.52 3 3.48 hrs/week 4 ,655.00 1 ,740.87 hr/year (From DMR) 56.10 150.00 gpm Number of unit: 2 .00 1 .00 Existing New Conditions Centrifuge
Savings Polymer gal/year 7 ,964.12 10,967.48 $/gal 8.42 8.42 Subtotal $/year 6 7,057.89 92,346.15 $ ( 25,288.26) Power HP/unit 10 100 kW/unt 8.3 83 yr ($/yr) on-peak offpeak on-peak
off-peak 4.56 $14.82 822 1,675 $80.59 $103.16 4.2.3 Northeast APCF – FIM #3 – Dewatering Centrifuge M&V Method – The key measurement parameters for this FIM are maximum polymer usage,
maximum energy usage, minimum % solids and minimum % solids capture rate. Maximum Polymer Usage 25 Pounds active/Dry Ton Maximum kWh Usage 98.73 kWh/Dry Ton Minimum % Solids 24% Solids
Minimum Capture Rate % 95% Capture Rate The baseline for this FIM is based on the existing biosolids data and system usage for 2010 and a pilot study performed by Andritz Monthly reporting
of the key parameters will be coordinated with the City’s staff. This verification process will be done ongoing for the life of the contract period. Description -Based on the biosolids
production of both Northeast and East APCF, the design operating capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based on the results and sludge characteristics from
the pilot test that was conducted by Andritz in 2006 at the Plant, Siemens will guarantee 24% cake at the specified loading. The % solids measurements are already recorded in the City’s
Laboratory Information Management System (LIMS) and entered into the plants SCADA system. The City will notify SIEMENS if the % solids drop below the guaranteed 24% on a monthly basis.
Attachment number 4 Page 11 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 12 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R In order
to determine the real operations and maintenance costs associated with each dewatering technology all of the above parameters were reviewed. However, SIEMENS did not include the labor
and maintenance costs for plant employees and washwater usage in the final savings analysis for this measure. Sample Shortfall Calculation: Baseline Parameters: Maximum Polymer Usage
25 Pounds active/Dry Ton Maximum kWh Usage 98.73 kWh/Dry Ton Minimum % Solids 24% Solids Minimum Capture Rate % 95% Capture Rate Sample Year 1 Parameters: Maximum Polymer Usage 25 Pounds
active/Dry Ton Maximum kWh Usage 98.73 kWh/Dry Ton Minimum % Solids 22% Solids Minimum Capture Rate % 95% Capture Rate Baseline Year Wet Tons at 24% Solids = 6,097.92 wet tons Sample
Year 1 Wet Tons at 22% Solids = 6,652.27 wet tons Year 1 Savings Total Units = 6,097.92 – 6,652.27 = -554.35 wet tons Guarantee not met à shortfall check to be written to the City in
the amount of: Sample Shortfall Dollars = 554.35 wet tons * $23.80/wet ton = $13,193.53 4.2.4 Northeast APCF – FIM #4 – Methane Recapture and FOG Receiving M&V Method – The key measurement
parameters for this FIM are annual run time and annual available hours associated with the engine-generator. This is a new system being installed so there are no baseline measurements
for this FIM. The post retrofit run-hours will be measured with an elapsed run time meter and compared with records of downtime. Siemens will record the actual generator run-hours and
check for reasonability approximately once per quarter and record and document incidents where run time was reduced with determination of down-time cause. The annual rollup of runtime/downtime
with details as to cause of downtime will be reported to the City. Attachment number 4 Page 12 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 13 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Description
-Significant annual utility cost savings are anticipated with the implementation of the Cogeneration and FOG Receiving Station. The indicated utility savings are based upon specific
and key contributing factors, including: a set of Key Elements and Technical Assumptions as listed within the NE APCF FIM #4 section of Exhibit E, which identify operational parameters,
and subsequent derivation of digester energy levels produced; the baseline utility tariff; and targeted quality, and anticipated volume, of FOG delivered at the NE APCF. o Electrical
Cost Savings Projection -Derivation. The projected electrical cost savings will be derived through on-site electrical generation, thereby supplanting purchased power. To determine the
actual net power generation by the cogeneration system, the estimated parasitic load of the two new systems (due to connected loads from new pumps, blower, refrigeration system) was
summed, then deducted from the generator’s gross capacity, as indicated below. Generator Gross Capacity @335 kW Estimated Parasitic Load @46 kW Cogeneration System Net Output @289 kW
Performance Guarantee. SIEMENS will provide a Performance Guarantee stating that the engine-generator uptime (i.e. availability), within a typical annual period of 8760 hours, will accrue
to no less than 8000 hours. Annual Period available hours are considered those hours that the cogeneration system is in ready-state mode and capable of operating in normal functional
mode. Conversely, unavailable hours are considered those hours that a component of the cogeneration is off-line for reasons other than operations preference, including periods for regular,
preventative, or corrective maintenance requirements. In addition to stated availability, SIEMENS will guarantee enginegenerator conversion effectiveness, gross heat rate, as a component
of the Performance Guarantee. The guaranteed gross heat rate will be at or below an average 11,600 btu per kwh, and is determined by dividing the amount of gas energy content in the
lower level heating value in Btus, delivered to the engine divided by the generator kilowatt output measured at the generator output terminals. Potential to achieve projected savings
is maximized so long as the technical assumptions are maintained, as identified in the FIM description within Exhibit E. Detailed Audit Report. The minimum digester gas quality and quantity
standards to be presented to the fuel conditioning system is: A methane content at no less than 50%, carbon dioxide content at no greater than 40%, oxygen content no greater than 5%,
hydrogen sulfide content at no greater than 335 ppmv, siloxanes (as silicon) no greater than 5 ppmv.; and no less than 1,902,400 btu/hr (equivalent of 164 kW at 50% load) in order to
sustain stable combustion. A performance reconciliation of the cogeneration system shall be conducted after each Annual Period. If the available uptime for the engine-generator is 8,000
hours or more for the Annual Period, the Performance Guarantee will have been met. If the uptime is less than 8,000 hours for the Annual Period, the Performance Guarantee will not have
been met and a shortfall payment will be owed. Accordingly, the following equation will be used to calculate the payment: SHORTFALL PAYMENT EQUATION, REGARDING AVAILABILITY: Shortfall
PaymentAV ($) = Annual Shortfall Hours [i.e. 8000 hours minus Actual Available Hours] x Cogeneration System Net Output (kW) x Annual Period blended utility rate ($/kWh) for the Northeast
APCF. EXAMPLE: If Annual Period Availability is determined at 7925 hours Attachment number 4 Page 13 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 14 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Performance
Guarantee: Annual Period Availability = 8000 hours Guarantee not met à shortfall check to be written to the City in the amount of: Shortfall PaymentAV ($) = (8000 hours – 7925 hours)
x 289 kW x Blended Rate @$0.10/kwh = $2,167.50 If the engine-generator gross heat rate is calculated at an average of 11,600 btu/kwh or less, then the Performance Guarantee will have
been met. If the average gross heat rate is calculated at greater that 11,600 Btu/kwh for the Annual Period, the Performance Guarantee will not have been met and a shortfall payment
will be owed. Accordingly, the following equation will be used to calculate the payment: SHORTFALL PAYMENT EQUATION, REGARDING GROSS HEAT RATE: Shortfall PaymentGHR ($) = [164 kw] –
[1,902,400 BtuH /(Annual Actual Gross Heat Rate, Average (btu/kWh)) – 11,600 Btu/kwh] x Annual Period Available Hours x blended utility rate ($/kWh) for the Northeast APCF. EXAMPLE:
If Annual Period Gross Heat Rate is determined at 11,700 Btu/kWH Performance Guarantee: Annual Period Gross Heat Rate = 11,600 Btu/kWH Guarantee not met à shortfall check to be written
to the City in the amount of: Shortfall PaymentGHR ($) = [164 kw] – [1,902,400 BtuH /11,700 btu/kWh] x 8000 hours x Blended Rate @$0.10/kwh = $1,121.37 Calculation of Projected Savings.
As an illustration of projected cost savings, a summary of the proportioned hours is as follows Estimated Operational On-peak Hours …. 2000 hours Estimated Operational Off-peak Hours
…. 6000 hours Total Available Hours in Annual Period = 8000 hours The following subparts are calculated and summed for total projected annual electrical savings. -On-Peak Demand: kW
x $4.82/kW x 12 months = On-Peak Demand Savings -Off-Peak Demand: kW x $1.68/kW x 12 months = Off-Peal Demand Savings -On-Peak Energy: 2000 hours x kW x $0.09805 /kwh = On-Peak Energy
Savings -Off-Peak Energy: 6000 hours x kW x $0.06160 /kwh = Off-Peak Energy Savings -The Demand Savings and Energy Savings will follow a stepwise/gradual increase over the initial 3
years of the Agreement term. Said increasing electrical savings amounts will occur as they will coincide with the planned graduated FOG delivery schedule. That is, as more FOG is received,
more Digester Gas is produced, thus enabling the generator to load, on an average basis, more towards full capacity. So as to accommodate the phased-in FOG delivery plan, a graduated
delivery schedule, anticipated over the initial 3-year period, will be targeted by the City. The schedule is as described within the Key Elements and Technical Assumptions section of
NE APCF FIM #4 description, within Exhibit E. In order to achieve the projected Utility Savings in Year 1, as identified within Table 1.2, the rate of FOG addition to the Digester is
4500 GPD. 4.2.5 Northeast APCF – FIM #5 – Mixer Replacements Attachment number 4 Page 14 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 15 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R M&V Method
– The key measurement parameters for this FIM are pre and post-retrofit wattage. An actual measurement of kW consumed by the mixers will be measured pre-retrofit and postretrofit to
demonstrate calculated reduction was attained for each horsepower range. The same watt meter will be used to check both the pre and post-retrofit wattages. These measurements will be
performed one time and will be documented in the construction period report. Description -The savings for this FIM comes from the reduction in horsepower required to meet the mixing
requirements within each of the fermentation, first and second anoxic tanks. Energy savings is determined by calculating baseline and post-installation kW and kWh. The detailed calculation
is included in Appendix 1, Energy Savings Calculations of the Detailed Audit Report. Pre M&V Measurements were taken on 14 mixers with a sampling within each of the 3 tanks (Fermentation,
1st Anoxic and 2nd Anoxic). Post M&V Measurements for the Mixer Replacements will be performed using the same sample size and testing equipment as the Pre-measurements. For details of
the Pre-Measurements, refer to Appendix 2 of the Detailed Audit Report. Calculations-Existing Motor Size (HP) = 25 HP, 25 HP and 10 HP Existing Motor Efficiency (NEMA B) = 88.5%, 88.5%
and 85.5% Existing Motor Load (RPM) = 1730, 1730, 1750 Existing On-Peak Hours = 2,190 Existing Off-Peak Hours = 6,570 Existing Motor kW (Measured) = 6.025 kW, 8.125 kW and 4.3 kW Proposed
Motor Size (HP) = 2 HP, 5 HP, 1 HP Proposed Motor Efficiency (Manufacturer) = 94.5% Proposed Motor Load (RPM) = 1800 Proposed On-Peak Hours = 2,190 Proposed Off-Peak Hours = 6,570 Proposed
Motor kW (Calculated) = 1.3428 kW, 3.357 kW and 0.6714 kW Existing On-Peak kWh = 360,341.7 Existing Off-Peak kWh = 1,081,025 Existing Demand kW = 1,777.03 Proposed On-Peak kWh = 82,934.8
Proposed Off-Peak kWh = 248,804.4 Proposed Demand kW = 408.99 Annual Savings On-Peak kWh = 277,406.9 Annual Savings Off-Peak kWh = 832,220.8 Annual Savings kW = 1,368.034 Attachment
number 4 Page 15 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 16 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Annual Energy
Savings $ = Consumption Savings $ + Demand Savings $ Annual Energy Savings $ = $78,464.55 + $8,892.2 Annual Energy Savings $ = $87,356.77 Total Annual Guaranteed Savings $ = $82,989
4.2.6 Marshall Street APCF – FIM #2 – Indoor/Outdoor Lighting M&V Method – The key measurement parameter for this FIM is pre and post-retrofit wattage. A sample of Lighting Ballast Combinations
(LBCs), not to exceed 5% of total fixtures retrofit, will be measured pre-retrofit and post-retrofit to demonstrate calculated reduction was attained. An asbuilt lighting listing will
be provided to CLIENT showing total target wattage reduction was achieved or exceeded. The same watt meter will be used to check both the pre and post-retrofit wattages. The post measurements
will be taken after the manufacturers recommended burn-in period. These measurements will be performed one time and will be documented in the construction period report. Description
-The following table lists the predicted energy and maintenance savings. Refer to Appendix 1 of the Detailed Audit Report (Exhibit E) for details. Table: Predicted Energy Savings FIM
Annual Reduction kWh kW (12 month sum) Lighting Efficiency Improvements 238,647 326 Calculations -Energy savings is determined by calculating baseline and post-installation lighting
kW and kWh. Fixture Wattages are based on an Industry table of standard Wattages. Baseline: total kW qty of fixtures kW diversity base fixture base = × × total kWh total kW operating
hours base base = × Where: • total kW base = cumulative baseline electric power draw of lighting fixtures • qty of fixtures = quantity of similar fixtures in the group represented by
the sampling • kW fixture base = baseline fixture wattage determined from measurement or from Industry standard table of fixture Wattages • Diversity = fraction of fixtures on simultaneously
Calculation Formulas Speed Ratio Correction = ((New RPM)/(Existing RPM))^3 Existing Energy (kWh) = Existing kW /Existing Eff. x Operating Hours Existing Demand (kW) = Existing kW /Existing
Eff. x Peak Load Months x Utiliz Factor Proposed Energy (kWh) = Proposed kW/New Eff. x Operating Hours x Speed Factor Proposed Demand (kW)= Proposed kW/New Eff. x Peak Load Months x
Utiliz Factor x Speed Factor Attachment number 4 Page 16 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 17 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R • total
kWh base = cumulative baseline electric energy consumption of lighting fixture • Operating Hours = number of stipulated annual operating hours as determined by building operating hours
and occupant interviews Post-installation: Lights post (kW) = # of fixtures x (Fixture kW post) x diversity Lights post (kWh) = Lights post (kW) x Operating Hours Where: • Fixture kW
post = baseline fixture wattage determined from measurement • # of fixtures = number of similar fixtures • Lights post (kW) = cumulative baseline electric power draw of lighting fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption of lighting fixtures • Operating Hours = number of stipulated annual operating hours as determined by building operating
hours and occupant interviews. These hours are the same as the base case unless occupancy sensors are installed in the circuit. The reduction in operating hours will be assumed to be
50% for all these circuits. Efficiency Savings: • Savings lights (kW) = Lights base (kW) – Lights Post (kW) • Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh) Sample Calculations
for this FIM are shown below: Existing Lighting System Total Hours kWh/yr Qty Hours on-peak off-peak Watts kW on-peak off-peak 2X4 2 LAMP T12 67 6570 2163 4407 5,092 5.09 11,010 22,432
TROFFER Proposed Lighting System Total Hours kWh/yr Hours Reduction ECM Qty Hours on-peak off-peak Watts kW on-peak off-peak 67 2,848 2.85 15,565 18,725 16.87% 2LXP 17 6570 2163 4407
748 0.75 1,349 2,748 2LXS 50 6570 2163 4407 2,100 2.10 3,776 7,693 AXMSCMD 2 0 1798.02 3663.37 0 0.00 0 AXMSWDT 4 0 0 0.00 0 AXMWDT2 1 0 0 0.00 0 Attachment number 4 Page 17 of 25 Item
# 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 18 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Marshall
Street WRF (Based on 2010 Sludge Production Data) Belt Press Centrifuge Remarks for Belt Press (annual average) Sludge flow to belt press: 11.13 11.13 MG/year (Estimated from H&H report)
2.16 2.16 % Solids PAD (From DMR) 6,828.57 4,182.50 wt/year 14.70 24.00 % (annual average) (Based on H&H report, see Worksheet "Compare") > 95 % Solids capture 1,003.80 1,003.80 dt/year
(Based on H&H report, see Worksheet "Compare") Polymer usage: 24.90 25.00 lb active/dt (40% active -Based on Polydyne SE-797 used by the City) 7,291.05 7,522.48 gal/year (From DMR) 62,475.36
62,737.50 lb/year (From DMR) Operating schedule: 127.19 23.79 hrs/week 6,614.00 1,237.12 hr/year (From DMR) 28.06 1 50.00 gpm Number of unit: 1.00 1.00 Existing New Conditions Centrifuge
Savings Polymer gal/year 7,291.05 7 ,522.48 $/gal 8.42 8.42 Subtotal $/year 61,390.64 6 3,339.30 $ (1,948.66) Power HP/unit 10 100 kW/unt 8.3 83 KW-hr/year 54,896.20 102,681.22 $/kW-hr
0.1 0.1 Subtotal $/year 5,489.62 1 0,268.12 $ (4,778.50) KW-hr/dt 54.69 102.29 Disposal -Land Application wt/year 6,828.57 4 ,182.50 $/wet ton 23.8 23.8 Subtotal $/year 1 62,520.00 9
9,543.50 $ 62,976.50 Total Annual (O&M with Land Application Disposal) $ 56,249.34 kW Savings per yr kW Savings ($/yr) kWh Savings kWh $ Savings on-peak off-peak on-peak off-peak 26.88
$87.36 5,885 11,991 $577.05 $738.65 4.2.7 Marshall Street APCF – FIM #3 – Dewatering Centrifuge M&V Method – The key measurement parameters for this FIM are maximum polymer usage, maximum
energy usage, minimum % solids and minimum % solids capture rate. Maximum Polymer Usage 25 Pounds active/Dry Ton Maximum kWh Usage 102.29 kWh/Dry Ton Minimum % Solids 24% Solids Minimum
Capture Rate % 95% Capture Rate The baseline for this FIM is based on the existing system usage and a pilot study performed by Andritz. Monthly reporting of the key parameters will be
coordinated with the City’s staff. This verification process will be done ongoing for the life of the contract period. Description – Based on the biosolids production of the Marshall
Street APCF, the design operating capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based on the results and sludge characteristics from the pilot test that was conducted
by Andritz in 2006 at the Plant, SIEMENS will guarantee 24% cake at the specified loading. The % solids measurements are already recorded in the City’s Laboratory Information Management
System (LIMS) and entered into the plants SCADA system. The City will notify SIEMENS if the % solids drop below the guaranteed 24% on a monthly basis. Attachment number 4 Page 18 of
25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 19 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R In order
to determine the real operations and maintenance costs associated with each dewatering technology all of the above parameters were reviewed. However, SIEMENS did not include the labor
and maintenance costs for plant employees and washwater usage in the final savings analysis for this measure. Sample Shortfall Calculation: Baseline Parameters: Maximum Polymer Usage
25 Pounds active/Dry Ton Maximum kWh Usage 102.29 kWh/Dry Ton Minimum % Solids 24% Solids Minimum Capture Rate % 95% Capture Rate Sample Year 1 Parameters: Maximum Polymer Usage 25 Pounds
active/Dry Ton Maximum kWh Usage 102.29 kWh/Dry Ton Minimum % Solids 22% Solids Minimum Capture Rate % 95% Capture Rate Baseline Year Wet Tons at 24% Solids = 4,182.50 wet tons Sample
Year 1 Wet Tons at 22% Solids = 4,562.73 wet tons Year 1 Savings Total Units = 4,182.50 – 4,562.73 = -380.23 wet tons Guarantee not met à shortfall check to be written to the City in
the amount of: Sample Shortfall Dollars = 380.23 wet tons * $23.80/wet ton = $9,049.47 4.2.8 Marshall Street APCF – FIM #4 – Mixer Replacements M&V Method – The key measurement parameters
for this FIM are pre and post-retrofit wattage. An actual measurement of kW consumed by the mixers will be measured pre-retrofit and postretrofit to demonstrate calculated reduction
was attained for each horsepower range. The same watt meter will be used to check both the pre and post-retrofit wattages. These measurements will be performed one time and will be documented
in the construction period report. Description -The savings for this FIM comes from the reduction in horsepower required to meet the mixing requirements within each of the fermentation,
first and second anoxic tanks. Energy savings is determined by calculating baseline and post-installation kW and kWh. The detailed calculation is included in Appendix 1, Energy Savings
Calculations of the Detailed Audit Report. Pre M&V Measurements were taken on 14 mixers with a sampling within each of the 3 tanks (Fermentation, 1st Anoxic and 2nd Anoxic). Post M&V
Measurements for the Mixer Replacements will be performed using the same sample size and testing equipment as the Pre-measurements. For details of the Pre-Measurements, refer to Appendix
2 of the Detailed Audit Report. Calculations-Existing Motor Size (HP) = 10 HP Existing Motor Efficiency (NEMA B) = 85.5% Existing Motor Load (RPM) = 1750 Attachment number 4 Page 19
of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 20 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Existing
On-Peak Hours = 2,190 Existing Off-Peak Hours = 6,570 Existing Motor kW (Measured) = 4.34 kW, 4.68 kW and 4.182 kW Proposed Motor Size (HP) = 1 HP Proposed Motor Efficiency (Manufacturer)
= 94.5% Proposed Motor Load (RPM) = 1800 Proposed On-Peak Hours = 2,190 Proposed Off-Peak Hours = 6,570 Proposed Motor kW (Calculated) = 0.6714 kW Existing On-Peak kWh = 303,126.74 Existing
Off-Peak kWh = 909,380.21 Existing Demand kW = 1,494.87 Proposed On-Peak kWh = 45,715.22 Proposed Off-Peak kWh = 137,415.65 Proposed Demand kW = 225.44 Annual Savings On-Peak kWh = 257,411.52
Annual Savings Off-Peak kWh = 772,234.56 Annual Savings kW = 1,269.43 Annual Energy Savings $ = Consumption Savings $ + Demand Savings $ Annual Energy Savings $ = $72,808.85 + $8,251.27
Annual Energy Savings $ = $81,060.12 Total Annual Guaranteed Savings $ = $77,007 4.2.9 East APCF – FIM #1 – Indoor/Outdoor Lighting M&V Method – The key measurement parameter for this
FIM is pre and post-retrofit wattage. A sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total fixtures retrofit, will be measured pre-retrofit and post-retrofit to
demonstrate calculated reduction was attained. An asbuilt lighting listing will be provided to CLIENT showing total target wattage reduction was Calculation Formulas Speed Ratio Correction
= ((New RPM)/(Existing RPM))^3 Existing Energy (kWh) = Existing kW /Existing Eff. x Operating Hours Existing Demand (kW) = Existing kW /Existing Eff. x Peak Load Months x Utiliz Factor
Proposed Energy (kWh) = Proposed kW/New Eff. x Operating Hours x Speed Factor Proposed Demand (kW)= Proposed kW/New Eff. x Peak Load Months x Utiliz Factor x Speed Factor Attachment
number 4 Page 20 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 21 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R achieved
or exceeded. The same watt meter will be used to check both the pre and post-retrofit wattages. The post measurements will be taken after the manufacturers recommended burn-in period.
These measurements will be performed one time and will be documented in the construction period report. Description -The following table lists the predicted energy and maintenance savings.
Refer to Appendix 1 of the Detailed Audit Report for details. Table: Predicted Energy Savings FIM Annual Reduction kWh kW (12 month sum) Lighting Efficiency Improvements 74,668 98 Calculations
-Energy savings is determined by calculating baseline and post-installation lighting kW and kWh. Fixture Wattages are based on an Industry table of standard Wattages. Baseline: total
kW qty of fixtures kW diversity base fixture base = × × total kWh total kW operating hours base base = × Where: • total kW base = cumulative baseline electric power draw of lighting
fixtures • qty of fixtures = quantity of similar fixtures in the group represented by the sampling • kW fixture base = baseline fixture wattage determined from measurement or from Industry
standard table of fixture Wattages • Diversity = fraction of fixtures on simultaneously • total kWh base = cumulative baseline electric energy consumption of lighting fixture • Operating
Hours = number of stipulated annual operating hours as determined by building operating hours and occupant interviews Post-installation: Lights post (kW) = # of fixtures x (Fixture kW
post) x diversity Lights post (kWh) = Lights post (kW) x Operating Hours Where: • Fixture kW post = baseline fixture wattage determined from measurement • # of fixtures = number of similar
fixtures • Lights post (kW) = cumulative baseline electric power draw of lighting fixtures • Lights post (kWh) = cumulative baseline electric energy consumption of lighting fixtures
• Operating Hours = number of stipulated annual operating hours as determined by building operating hours and occupant interviews. These hours are the same as the base case unless occupancy
sensors are installed in the circuit. The reduction in operating hours will be assumed to be 50% for all these circuits. Efficiency Savings: • Savings lights (kW) = Lights base (kW)
– Lights Post (kW) • Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh) Sample Calculations for this FIM are shown below: Attachment number 4 Page 21 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 22 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Existing
Lighting System Total Hours kWh/yr Qty Hours onpeak offpeak Watts kW onpeak offpeak Existing Fixture 2X4 2 LAMP T12 TROFFER 17 6,570 2,163 4,407 1,292 1.29 2,790 5,685 Proposed Lighting
System Total Hours kWh/yr Hours Reduction ECM Qty Hours on-peak off-peak Watts kW on-peak off-peak 17 714 0.71 3,339 4,665 28.42% 2LXS 17 6570 2,163 4,407 714 0.71 1,099 2,240 AXMSCMD
3 1,548 3,155 kW Savings per yr kW Savings ($/yr) kWh Savings kWh $ Savings on-peak off-peak on-peak off-peak 6.96 $22.62 1,691 3,445 $165.80 $212.23 4.3 Option B -Retrofit Isolation:
All Parameter Measurement Not Applicable 4.4 Option C -Whole Facility Not Applicable 4.5 Option D – Calibrated Simulation Not Applicable Attachment number 4 Page 22 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 23 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article
5: Baseline Data 5.1 Applicable codes -Federal, State (Provincial), County or Municipal codes or regulations are applicable to the use and operation of the Facility. SIEMENS will maintain
the current level of Facility compliance relative to applicable codes unless specifically outlined to the contrary below. Unless specifically set forth in the Scope of Work and Services,
Exhibit A, nothing herein should be construed as to require SIEMENS to provide additional work or services in the event that the current applicable code or regulation is modified. 5.2
Building Inventory – The equipment inventory for the Client’s Facilities is given in the Detailed Energy Audit (Exhibit E). 5.3 Facility Operating Practices – The facility operating
practices for the Client’s Facilities is given in the Detailed Energy Audit (Exhibit E). 5.4 The following are included in the Detailed Energy Audit attached to the Agreement as Exhibit
E: Appendix 1: Energy Savings Calculations Appendix 2: Pre-Measurements Appendix 3: Manufacturer’s Data Sheets Appendix 4: Drawings Appendix 5: Maintenance Tasks Appendix 6: Scope of
Work Summary Appendix 8: Facility Operating Practices Attachment number 4 Page 23 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 24 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article
6: Utility Rate Structures and Escalation Rates 6.1 Utility costs used for Savings calculations will be based on the utility rates and rate escalation percentages provided herein. The
rate identified below is a stipulated rate, and is shown below for each utility. An escalation rate of 3% per Annual Period will be applied to the below stipulated utility rates. 6.2
The City of Clearwater APCFs is all on the same electric rate structure. Electricity services are provided by Progress Energy. The rate structure currently in use is the GS TOU IST-1.
This rate structure increased on 04/01/2010, so the new rates were used in the savings calculations where applicable. Rate details are provided below: On-Peak Periods for Time of Use
Rates: On-Peak periods for TOU rates are Monday through Friday as follows: o November through March 6 to 10 AM /6 to 10 PM o April through October Noon to 9 PM All other hours, including
Saturday, Sunday and six major holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas) and the adjacent weekday if a holiday falls on Saturday
or Sunday, are considered Off-Peak. Therefore, during a typical Annual Period of 8,760 hours, it is determined that there are 2,190 On-Peak hours and 6,570 Off-Peak hours. Demand Charges:
Base Demand Charge $1.68/kW On-Peak Demand Charge $4.82/kW Energy Charges: On-Peak Energy Charge $0.02736/kWh On-Peak Fuel Cost Recovery Factor $0.07069/kWh Total On-Peak Energy Charges
$0.09805/kWh Off-Peak Energy Charge $0.02271/kWh Off-Peak Fuel Cost Recovery Factor $0.03889/kWh Total On-Peak Energy Charges $0.0616/kWh Attachment number 4 Page 24 of 25 Item # 12
Exhibit C – Performance Assurance City of Clearwater, Florida Page 25 of 25 Siemens Industry, Inc., Building Technologies Division Exhibit C – Performance Assurance v. 2009R Article
7: Contracted Baseline Data 7.1 Applicable codes -Federal, State (Provincial), County or Municipal codes or regulations are applicable to the use and operation of the Facility. SIEMENS
will maintain the current level of Facility compliance relative to applicable codes unless specifically outlined to the contrary below. Unless specifically set forth in the Scope of
Work and Services, Exhibit A, nothing herein should be construed as to require SIEMENS to provide additional work or services in the event that the current applicable code or regulation
is modified. 7.2 Post M&V Measurements for the Mixer Replacements at all plants will be performed using the same sample size and testing equipment as the Pre-measurements. For details
of the Pre-Measurements, refer to Appendix 2 of the Detailed Audit Report (Exhibit E). Attachment number 4 Page 25 of 25 Item # 12
Exhibit D – Owner Direct Purchase Procedure City of Clearwater, Florida Page 1 of 2 Siemens Industry, Inc., Building Technologies division Exhibit D – Owner Direct Purchase Procedure
v.051011 Owner Direct Purchase Procedure Pursuant to Section 212.08(6) of the Florida Statutes and the Fla. Admin. Code Ann. R. 12A-1.094 and 12A-1.038, the Parties agree to the following
procedure regarding CLIENT’s directpurchase from vendors of certain equipment to be used in the Project: 1. The CLIENT reserves the right, at the CLIENT’s option, to direct purchase
materials, equipment, and furnishings involved in the project, including subcontracts, if any. SIEMENS and its subcontractors, if any, shall comply with the CLIENT’s direct purchase
procedures, including but not limited to those listed below. 2. Within 15 days of execution of execution of the Agreement, SIEMENS shall submit a list of potential direct purchase items
for the CLIENT’s consideration. The intent is for single items or large quantities of single items of approximately $5,000.00 or more to be considered for direct purchases. The Parties
acknowledge that CLIENT may be directly purchasing some of the material and/or equipment necessary for the project so as to save the sales tax which would otherwise have been due with
regard to same. 3. Along with the list, SIEMENS shall also include the price quotes from the vendors from the bid, including any terms and conditions negotiated with the vendors. SIEMENS
is responsible for selecting the vendor, specifications, material receipt, inspecting shipments, and assuring that the material is in accordance with the specifications. In the event
the CLIENT determines to make additional direct purchase of material and/or equipment for the Project, the direct purchase will be authorized by a deductive change to the Agreement.
The deductive change for the direct purchase shall reduce the contract amount by the cost of the material and sales tax otherwise due from the CLIENT to SIEMENS by the cost to be paid
by the CLIENT for the material and/or equipment to be directly purchased by the CLIENT and by the sales tax saved by the CLIENT directly purchasing the material and/or equipment. SIEMENS
retains all responsibility for storage and installing the Equipment and for maintaining the project schedule. The CLIENT’s Direct Purchase mechanism to effectuate tax savings in no way
effects the obligation of SIEMENS to meet all of the terms and conditions and all provisions and technical specifications of the Agreement. SIEMENS shall be responsible for insuring
all materials and items in his care, custody and control, regardless of whether directly purchased by the CLIENT or not. The materials directly purchased by the CLIENT for inclusion
into the project are subject to the terms and conditions set forth in Attachment 1, “City of Clearwater, FL Direct Purchased Material” to the Agreement. In the event of conflict between
the terms of this Exhibit D and the terms of Attachment 1, this Exhibit D shall control. 4. The Direct Purchase items selected, and upon request of an order by SIEMENS, the Purchasing
Department will issue a direct purchase order to the vendor at the price proposed in the subcontractor’s or contractor’s bid, less sales tax. The CLIENT reserves the option to issue
the direct purchase orders to the CLIENT’s annual contract vendors or State contract vendors for comparable or lower prices, but will subtract from the Agreement the price shown on the
subcontractor’s or contractor’s bid. For construction management projects, items for direct purchase will be identified by or before the Construction Period. 5. It will be SIEMENS sole
and complete responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the item as ordered and at the time and place needed by SIEMENS.
6. SIEMENS shall take delivery, unload, store and install the materials and equipment purchased on the direct purchase order in accordance with the bid, protect and maintain in proper
condition; and work with the vendor to repair, replace, and make good any defect without cost to the CLIENT, until such time as the Work has been completed and Acceptance by the CLIENT
Attachment number 5 Page 1 of 2 Item # 12
Exhibit D – Owner Direct Purchase Procedure City of Clearwater, Florida Page 2 of 2 Siemens Industry, Inc., Building Technologies division Exhibit D – Owner Direct Purchase Procedure
v.051011 has occurred. SIEMENS will be responsible for undertaking and completing any returns of direct purchase materials or equipment, and working with the vendor to effectuate any
warranties for defective materials or equipment, or resolving any problems related to the direct purchase materials and equipment. SIEMENS will coordinate corrective action. Any returns
not replaced shall be credited to the CLIENT and acknowledged by a supplement to the direct purchase order and, if applicable, amendment to SIEMENS’ Price. SIEMENS shall not be responsible
for warranting the materials and equipment to the CLIENT, however, the contractor shall be responsible for maintaining the vendor’s warranty of the material or equipment purchased by
direct purchase order by the CLIENT. SIEMENS shall maintain records of all direct purchases received and incorporated into the Work and provide the CLIENT with a monthly accounting.
7. When delivery of a direct purchase order is complete, or a payment is to be made on a partial shipment, SIEMENS will immediately submit to the CLIENT the invoice and documentation
supporting the goods received. Invoices for direct purchase orders will be sent by the direct purchase vendor to SIEMENS. SIEMENS will verify delivery and sign the invoice and associated
documentation supporting the amount of the payment. Payment will be made by check mailed to the direct purchase vendor as of the next available check run of the CLIENT. SIEMENS will
assist the CLIENT in assuring prompt payment by supplying the vendor’s FEI numbers, addresses, phone numbers, etc. By signing below, this Exhibit D is attached to and made a part of
the Agreement between SIEMENS and the CLIENT. SIEMENS: Siemens Industry, Inc. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment
number 5 Page 2 of 2 Item # 12
Number Title Decrease Increase 376-96611 Biosolids Treatment (18,371.31) 376-96619 WWTP Generator Replacements (28,666.79) 376-96686 Pump Station Replacements (292,050.27) 376-96761
Telemetry for Wells (141,019.39) 376-96615 Odor Control 480,107.76 (480,107.76) 480,107.76 376-96740 Water Supply Treatment (101,601.94) 376-96752 Water Service Lines (534,673.08) 376-96760
Elevated Water Tanks (1,017,164.19) 376-96761 Telemetry for Wells (124,484.44) 376-96764 RO Plant Expansion (154,577.93) 376-96621 WWTP New Presses 1,932,501.58 (1,932,501.58) 1,932,501.58
0376-96666 WWTP East Bypass & NE Pump (15,166.15) 0376-96763 Wellfield Expansion (52,807.15) 0376-96764 RO Plant Expansion (2,491,202.95) 0376-96654 Facilities Upgrades & Improvements
2,559,176.25 (2,559,176.25) 2,559,176.25 0327-96665 Sanitary Sewer R & R (1,381,952.56) 0327-96654 Facilities Upgrades & Improvements 1,381,952.56 (1,381,952.56) 1,381,952.56 315-96615
Odor Control 253,006.22 315-96621 WWTP New Presses 355,131.46 315-96654 Facilities Upgrades & Improvements 1,113,173.52 1,721,311.20 (6,353,738.15) 8,075,049.35 376-96615 Odor Control
600,899.78 376-96621 WWTP New Presses 2,802,476.54 376-96654 Facility Upgrades & Improvements 2,677,907.40 327-96654 Facility Upgrades & Improvements 2,059,174.08 PROJECTS WITH SUFFICIENT
REVENUE AND/OR BUDGET AFTER AMENDMENTS TO FUND THIS CONTRACT 2009A Revenue Bond Proceeds -Revenue & Budget Utility R & R Revenue -Revenue & Budget CITY OF CLEARWATER Water & Sewer Utility
Fund Contract with Siemens Industry Inc. Project Transfer BUDGET AND REVENUES (2009A Bond Proceeds) BUDGET ONLY INCREASES for the CITY of SAFETY HARBOR'S SHARE TOTAL THIRD QUARTER BUDGET
AMENDMENTS Third Quarter Amendments BUDGET AND REVENUES (Utility R & R Revenue) Attachment number 6 Page 1 of 2 Item # 12
315-96615 Odor Control 253,006.22 315-96621 WWTP New Presses 355,131.46 315-96654 Facility Upgrades & Improvements 1,113,173.52 Total Project Cost per Contract 9,861,769.00 City of Safety
Harbor's Share -Budget Only Attachment number 6 Page 2 of 2 Item # 12
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Award a contract to Young Communication Co., Inc of Melbourne, FL in the amount of $1,160,489.00
for construction of the Skycrest Reclaimed Water Expansion (project number 10-0040-UT) and Chautauqua Lake Estates Reclaimed Water (Project number 10-0041-UT), which is the lowest responsible
bid received in accordance with the plans and specifications for these projects; approve a supplemental work order to URS Corp in the amount of $18,129.00 to provide engineering services
during construction for these projects; and authorize the appropriate officials to execute same. SUMMARY: This agenda item is for the construction of new reclaimed water transmission
and distribution mains for the expansion of the original Skycrest Reclaimed Water Project and the Chautauqua/Coachman Ridge Reclaimed Water Project. Due to low construction costs the
City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the City, two Amendments to SWFWMD (Southwest Florida Water Management District) Cooperative Funding
Agreements were approved to expand the areas from the original scopes. The First Amendment to Skycrest Project was approved by Council in November 2010 for the Skycrest Expansion, and
the First Amendment to Chautauqua/Coachman Ridge RCW was approved by Council in December 2010 to include work for the Chautauqua Lake Estates. The goal of this and all other reclaimed
water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution
System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. It is anticipated
that construction will be accomplished in 270 days and be completed by the end of May 2012. URS Corporation, the engineering design consultant for this project and an Engineer-of-Record
for the City of Clearwater, was responsible for the design of the improvements. The final engineering estimate was $1,700,000. There were 11 bids and Young Communication’s bid was the
lowest in the total amount of $1,160,489.00 for the two projects where the subtotal for Skycrest Expansion was $887,958.50 and the subtotal for the Chautauqua Lake Estates was $272,530.50.
After comparing the bids, URS Corp. recommendation is to award the construction of the projects to Young Communication Co., Inc., and city staff concurs. The City has existing Work Orders
for the two projects with URS to administer the project and to provide field inspections. However, the Work Orders did not include attendance of the pre-construction meeting, shop-drawing
review, and responses to Request for Information. URS will provide these services in the amount of $18,129 for the two projects with the supplemental work order. The City of Clearwater’s
Public Utilities Department Water Division is responsible for owning, operating and maintaining the reclaimed water system. Sufficient budget and funding is available in the following
projects: Utility R and R revenue in 0327-96739, Reclaimed Water Distribution System in the amount of $349,730.54 and Water revenue in 0315-96739, Reclaimed Water Distribution System
in the amount of $239,578.46 for a total of $589,309.00 for these contracts. A third quarter amendment will increase budget 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 $589,309.00 to provide total funding in the amount of $1,178,618.00
to fund the construction and CEI. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: See summary Cover Memo Item # 13
Current Year Cost: $1,178,618.00 Annual Operating Cost: Not to Exceed: $1,178,618.00 Total Cost: $1,178,618.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment
0327-96739-563800-533-000-0000 $ 18,129.00 See Summary 0327-96739-563800-533-000-0000 $331,601.54 See Summary 0315-96739-563800-533-000-0000 $828,887.46 See Summary Bid Required?: Yes
Bid Number: 10-0040-UT and 10-0041-UT Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk
6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 13
Page 1 BOND NUMBER: _________________ CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we YOUNG’S COMMUNICATIONS CO., INC. Contractor and MERCHANTS
BONDING COMPANY (Surety) whose home address is 2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida
(hereinafter called the "Owner") in the penal sum of: ONE MILLION, ONE HUNDRED SIXTY THOUSAND, FOUR HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS ($1,160,489.00) for the payment of which
we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the_____, day of , 20 _, entered into
between the Contractor and the City of Clearwater for: SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT) & CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT) a copy of which said
contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall
in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications)
and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall
indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements
on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such
"Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors,
Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally
agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to
pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account
of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Attachment number 1 Page 1 of 6 Item # 13
Page 2 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they
will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon
to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the
neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent
rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for
the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals
of the parties hereto this day of , 20__ . YOUNG’S COMMUNICATIONS CO., INC. CONTRACTOR By: ATTEST: ____________________ SURETY WITNESS: By: ATTORNEY-IN-FACT ___________________________________
COUNTERSIGNED: Attachment number 1 Page 2 of 6 Item # 13
Page 3 CONTRACT This CONTRACT made and entered into this ____ day of ____________, 20__ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated
as the "City", and YOUNG’S COMMUNICATIONS CO., INC. of the City of MELBOURNE, County of BREVARD and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the
parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor,
shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT)
& CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT) FOR THE SUM OF ONE MILLION, ONE HUNDRED SIXTY THOUSAND, FOUR HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS ($1,160,489.00) In accordance
with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction
of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the
work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such
work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE
DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Attachment number 1 Page 3 of 6 Item # 13
Page 4 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract,
the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include,
but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts
hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually
agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be
performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained
by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be
construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between
the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions
as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond
ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City
to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment
shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the
terms hereof shall be completed and furnished to the City in a form satisfactory to it. Attachment number 1 Page 4 of 6 Item # 13
Page 5 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above
written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By:_______________________________ ______________________(Seal) William B. Horne, II City Manager Attest: Countersigned: ______________________
__ Rosemarie Call City Clerk By:_______________________________ Approved as to form Frank Hibbard, Mayor-Councilmember _______________________ Camilo Soto Assistant City Attorney (Contractor
must indicate whether Corporation, Partnership, Company or Individual.) _______________________ _______________________ (Contractor) By: (SEAL) (The person signing shall, in his own
handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation).
Attachment number 1 Page 5 of 6 Item # 13
Page 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF ____________________ COUNTY OF _______________________ On this day personally appeared before me, the undersigned
authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of YOUNG’S COMMUNICATIONS CO., INC. a
Florida Corporation, with its principal place of business located at 424 WEST DROVE. MELBOURNE, FLORIDA 32904 (herein, the "Contractor"). That the Contractor was the general contractor
under a contract executed on the day of ________ , 20____, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction
of: SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT) & CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT) That said work has now been completed and the Contractor has paid and
discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become
a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and
upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might
arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713,
Florida Statutes. Sworn and subscribed to before me YOUNG’S COMMUNICATIONS CO., INC. AFFIANT This day of , 20 . BY: _______________________ __________________________________ NOTARY
PUBLIC _________________________ My Commission Expires: PRESIDENT Attachment number 1 Page 6 of 6 Item # 13
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT
PRICE AMOUNT A1 Mobilization (3.5% Maximum) 1 LS $ 29,722.42 $ 2 9,722.42 $ 30,000.00 $ 3 0,000.00 $ 3 0,000.00 $ 30,000.00 $ 38,000.00 $ 38,000.00 $ 41,154.00 $ 41,154.00 $ 47,623.61
$ 4 7,623.61 $ 40,500.00 $ 4 0,500.00 $ 36,800.00 $ 36,800.00 $ 48,500.00 $ 48,500.00 $ 20,000.00 $ 20,000.00 A2 Maintenance of Traffic (1.5% Maximum) 1 LS $ 12,975.00 $ 1 2,975.00 $
10,000.00 $ 1 0,000.00 $ 6 ,930.00 $ 6,930.00 $ 16,000.00 $ 16,000.00 $ 17,637.00 $ 17,637.00 $ 20,410.12 $ 2 0,410.12 $ 16,800.00 $ 1 6,800.00 $ 15,600.00 $ 15,600.00 $ 20,000.00 $
20,000.00 $ 1,500.00 $ 1,500.00 A3 F&I 4” PVC Pipe by Horizontal Directional Drill 20,000 LF $ 20.23 $ 4 04,600.00 $ 22.22 $ 4 44,400.00 $ 1 5.00 $ 300,000.00 $ 20.25 $ 405,000.00 $
18.40 $ 368,000.00 $ 22.75 $ 4 55,000.00 $ 19.95 $ 3 99,000.00 $ 17.25 $ 345,000.00 $ 26.00 $ 520,000.00 $ 15.50 $ 310,000.00 A4 F&I 6” PVC Pipe by Horizontal Directional Drill 4,500
LF $ 22.85 $ 1 02,825.00 $ 30.61 $ 1 37,745.00 $ 2 1.00 $ 94,500.00 $ 29.60 $ 133,200.00 $ 26.50 $ 119,250.00 $ 33.45 $ 1 50,525.00 $ 26.55 $ 1 19,475.00 $ 24.50 $ 110,250.00 $ 29.00
$ 130,500.00 $ 23.00 $ 103,500.00 A5 F&I 4” PVC Pipe by Open Cut 1,200 LF $ 12.48 $ 1 4,976.00 $ 50.26 $ 6 0,312.00 $ 1 40.00 $ 168,000.00 $ 27.19 $ 32,628.00 $ 35.00 $ 42,000.00 $ 29.45
$ 3 5,340.00 $ 46.70 $ 5 6,040.00 $ 48.50 $ 58,200.00 $ 80.00 $ 96,000.00 $ 12.00 $ 14,400.00 A6 F&I 6” PVC Pipe by Open Cut 600 LF $ 16.34 $ 9 ,804.00 $ 71.57 $ 4 2,942.00 $ 1 30.00
$ 78,000.00 $ 29.61 $ 17,766.00 $ 44.30 $ 26,580.00 $ 38.31 $ 2 2,986.00 $ 50.80 $ 3 0,480.00 $ 51.50 $ 30,900.00 $ 58.00 $ 34,800.00 $ 18.00 $ 10,800.00 A7 F&I 4” Resilient Wedge Gate
Valve & Valve Box 47 EA $ 738.46 $ 3 4,707.62 $ 687.98 $ 3 2,335.06 $ 6 90.00 $ 32,430.00 $ 1,150.00 $ 54,050.00 $ 776.00 $ 36,472.00 $ 1,698.00 $ 7 9,806.00 $ 810.00 $ 3 8,070.00 $
680.00 $ 31,960.00 $ 950.00 $ 44,650.00 $ 665.00 $ 31,255.00 A8 F&I 6” Resilient Wedge Gate Valve & Valve Box 14 EA $ 883.54 $ 1 2,369.56 $ 916.52 $ 1 2,831.28 $ 8 40.00 $ 11,760.00
$ 1,925.00 $ 26,950.00 $ 895.00 $ 12,530.00 $ 1,928.00 $ 2 6,992.00 $ 1,025.00 $ 1 4,350.00 $ 810.00 $ 11,340.00 $ 1,100.00 $ 15,400.00 $ 790.00 $ 11,060.00 A9 F&I 4" Blow-off Assembly,
Reclaimed Water System 7 EA $ 1,411.62 $ 9 ,881.34 $ 1,359.58 $ 9 ,517.06 $ 1 ,300.00 $ 9,100.00 $ 1,905.00 $ 13,335.00 $ 1,199.00 $ 8,393.00 $ 2,350.00 $ 1 6,450.00 $ 1,205.00 $ 8 ,435.00
$ 1,200.00 $ 8,400.00 $ 1,100.00 $ 7,700.00 $ 1,100.00 $ 7,700.00 A10 F&I 1” Short Side Service Assembly for Reclaimed Water System 210 EA $ 563.55 $ 1 18,345.50 $ 544.30 $ 1 14,303.00
$ 5 40.00 $ 113,400.00 $ 619.61 $ 130,118.10 $ 692.00 $ 145,320.00 $ 807.35 $ 1 69,543.50 $ 655.00 $ 1 37,550.00 $ 570.00 $ 119,700.00 $ 520.00 $ 109,200.00 $ 450.00 $ 94,500.00 A11
F&I Single 1” Long Side Service Assembly for Reclaimed Water System (2” Casing) 175 EA $ 918.91 $ 1 60,809.25 $ 897.25 $ 1 57,018.75 $ 7 60.00 $ 133,000.00 $ 797.00 $ 139,475.00 $ 921.00
$ 161,175.00 $ 1,343.00 $ 2 35,025.00 $ 1,105.00 $ 1 93,375.00 $ 895.00 $ 156,625.00 $ 1,300.00 $ 227,500.00 $ 725.00 $ 126,875.00 A12 F&I Single 2” Long Side Service Assembly for Reclaimed
Water System (4” Casing) 12 EA $ 1,484.22 $ 1 7,810.64 $ 1,649.64 $ 1 9,795.68 $ 1 ,200.00 $ 14,400.00 $ 2,843.00 $ 34,116.00 $ 1,380.00 $ 16,560.00 $ 2,075.26 $ 2 4,903.12 $ 1,660.00
$ 1 9,920.00 $ 1,400.00 $ 16,800.00 $ 1,800.00 $ 21,600.00 $ 1,110.00 $ 13,320.00 A13 Root Pruning 1,600 LF $ 3.35 $ 5 ,360.00 $ 2.55 $ 4 ,080.00 $ 7 .30 $ 11,680.00 $ 5.50 $ 8,800.00
$ 8.00 $ 12,800.00 $ 35.00 $ 5 6,000.00 $ 7.30 $ 1 1,680.00 $ 6.00 $ 9,600.00 $ 5.40 $ 8,640.00 $ 3.00 $ 4,800.00 A14 Tree Barricades 1 LS $ 3,046.81 $ 3 ,046.81 $ 1,982.93 $ 1 ,982.93
$ 1 ,720.00 $ 1,720.00 $ 6,000.00 $ 6,000.00 $ 4,951.00 $ 4,951.00 $ 15,000.00 $ 1 5,000.00 $ 9,650.00 $ 9 ,650.00 $ 2,800.00 $ 2,800.00 $ 14,000.00 $ 14,000.00 $ 2,500.00 $ 2,500.00
A15 6" Pipe Aerial Crossing at Palmetto Street 1 LS $ 20,351.00 $ 2 0,351.00 $ 16,034.01 $ 1 6,034.01 $ 2 2,480.00 $ 22,480.00 $ 21,390.00 $ 21,390.00 $ 19,597.00 $ 19,597.00 $ 25,093.00
$ 2 5,093.00 $ 25,775.00 $ 2 5,775.00 $ 19,600.00 $ 19,600.00 $ 38,000.00 $ 38,000.00 $ 19,750.00 $ 19,750.00 A16 Connect to Existing 6" RCW Main at Seminole Street and North Osceola
Avenue 1 LS $ 2,835.37 $ 2 ,835.37 $ 2,274.54 $ 2 ,274.54 $ 3 ,470.00 $ 3,470.00 $ 8,336.00 $ 8,336.00 $ 3,684.00 $ 3,684.00 $ 2,650.00 $ 2 ,650.00 $ 2,330.00 $ 2 ,330.00 $ 3,200.00
$ 3,200.00 $ 3,200.00 $ 3,200.00 $ 1,725.00 $ 1,725.00 A17 Connect to Existing 8" RCW Main at Druid Road and Hercules Avenue 1 LS $ 14,068.00 $ 1 4,068.00 $ 3,836.20 $ 3 ,836.20 $ 3
,900.00 $ 3,900.00 $ 6,616.00 $ 6,616.00 $ 4,903.00 $ 4,903.00 $ 3,211.00 $ 3 ,211.00 $ 2,975.00 $ 2 ,975.00 $ 3,900.00 $ 3,900.00 $ 9,800.00 $ 9,800.00 $ 2,475.00 $ 2,475.00 A18 Connect
to Existing 6" RCW Main at Plaza Street and Pennsylvania Avenue 1 LS $ 5,284.00 $ 5 ,284.00 $ 3,477.95 $ 3 ,477.95 $ 3 ,300.00 $ 3,300.00 $ 6,558.00 $ 6,558.00 $ 5,889.00 $ 5,889.00
$ 2,650.00 $ 2 ,650.00 $ 2,700.00 $ 2 ,700.00 $ 2,900.00 $ 2,900.00 $ 12,000.00 $ 12,000.00 $ 1,475.00 $ 1,475.00 A19 Sod Restoration as Directed by the Owner or the Owner's Authorized
Project Representative 400 SY $ 4.71 $ 1 ,884.00 $ 6.81 $ 2 ,724.00 $ 3 .60 $ 1,440.00 $ 4.00 $ 1,600.00 $ 3.60 $ 1,440.00 $ 3.00 $ 1 ,200.00 $ 4.50 $ 1 ,800.00 $ 3.00 $ 1,200.00 $ 1.75
$ 700.00 $ 4.00 $ 1,600.00 A20 Concrete Driveway Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 33.73 $ 3 ,373.00 $ 71.50 $ 7 ,150.00
$ 8 3.00 $ 8,300.00 $ 59.00 $ 5,900.00 $ 37.00 $ 3,700.00 $ 45.00 $ 4 ,500.00 $ 69.75 $ 6 ,975.00 $ 51.00 $ 5,100.00 $ 161.00 $ 16,100.00 $ 55.00 $ 5,500.00 A21 Concrete Sidewalk Restoration
as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 30.46 $ 3 ,046.00 $ 51.07 $ 5 ,107.00 $ 8 3.00 $ 8,300.00 $ 66.00 $ 6,600.00 $ 32.00 $ 3,200.00 $ 38.00
$ 3 ,800.00 $ 46.00 $ 4 ,600.00 $ 42.00 $ 4,200.00 $ 40.20 $ 4,020.00 $ 45.00 $ 4,500.00 A22 Concrete Curb Restoration as Directed by the Owner or the Owner's Authorized Project Representative
100 LF $ 27.19 $ 2 ,719.00 $ 22.70 $ 2 ,270.00 $ 3 2.00 $ 3,200.00 $ 27.00 $ 2,700.00 $ 25.00 $ 2,500.00 $ 15.00 $ 1 ,500.00 $ 32.00 $ 3 ,200.00 $ 21.00 $ 2,100.00 $ 24.00 $ 2,400.00
$ 45.00 $ 4,500.00 A23 Asphalt Paving Restoration as Directed by the Owner or the Owner's Authorized Project Representative 200 SY $ 51.06 $ 1 0,212.00 $ 43.13 $ 8 ,626.00 $ 1 50.00
$ 30,000.00 $ 49.00 $ 9,800.00 $ 30.00 $ 6,000.00 $ 65.00 $ 1 3,000.00 $ 45.25 $ 9 ,050.00 $ 32.00 $ 6,400.00 $ 27.00 $ 5,400.00 $ 45.00 $ 9,000.00 A24 Underdrain Restoration as Directed
by the Owner or the Owner's Authorized Project Representative 500 LF $ 27.04 $ 1 3,520.00 $ 24.57 $ 1 2,285.00 $ 3 1.00 $ 15,500.00 $ 32.00 $ 16,000.00 $ 11.00 $ 5,500.00 $ 31.00 $ 1
5,500.00 $ 35.00 $ 1 7,500.00 $ 17.50 $ 8,750.00 $ 18.00 $ 9,000.00 $ 9.00 $ 4,500.00 $ 1,014,525.51 $ 1,141,047.46 $ 1,104,810.00 $ 1,140,938.10 $ 1,069,235.00 $ 1,428,708.35 $ 1,172,230.00
$ 1,011,325.00 $ 1,399,110.00 $ 807,235.00 A25 $ 101,452.55 $ 114,104.75 $ 110,481.00 $ 114,093.81 $ 106,923.50 $ 142,870.84 $ 117,223.00 $ 101,132.50 $ 139,911.00 $ 80,723.50 $ 1 ,115,978.06
$ 1 ,255,152.21 $ 1,215,291.00 $ 1,255,031.91 $ 1,176,158.50 $ 1 ,571,579.19 $ 1 ,289,453.00 $ 1,112,457.50 $ 1,539,021.00 $ 887,958.50 B1 Mobilization (3.5% Maximum) 1 LS $ 9,821.00
$ 9 ,821.00 $ 12,000.00 $ 1 2,000.00 $ 1 3,000.00 $ 13,000.00 $ 13,000.00 $ 13,000.00 $ 11,986.00 $ 11,986.00 $ 16,155.00 $ 1 6,155.00 $ 10,125.00 $ 1 0,125.00 $ 11,200.00 $ 11,200.00
$ 14,000.00 $ 14,000.00 $ 6,000.00 $ 6,000.00 B2 Maintenance of Traffic (1.5% Maximum) 1 LS $ 5,356.00 $ 5 ,356.00 $ 4,000.00 $ 4 ,000.00 $ 3 ,840.00 $ 3,840.00 $ 5,200.00 $ 5,200.00
$ 5,137.00 $ 5,137.00 $ 6,923.00 $ 6 ,923.00 $ 4,900.00 $ 4 ,900.00 $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 1,500.00 $ 1,500.00 B3 F&I 4” PVC Pipe by Horizontal Directional Drill
3,000 LF $ 19.85 $ 5 9,550.00 $ 26.00 $ 7 8,000.00 $ 1 5.00 $ 45,000.00 $ 22.05 $ 66,150.00 $ 18.40 $ 55,200.00 $ 28.00 $ 8 4,000.00 $ 19.95 $ 5 9,850.00 $ 17.25 $ 51,750.00 $ 26.20
$ 78,600.00 $ 15.75 $ 47,250.00 B4 F&I 6” PVC Pipe by Horizontal Directional Drill 3,050 LF $ 17.17 $ 5 2,368.50 $ 30.61 $ 9 3,360.50 $ 3 1.00 $ 94,550.00 $ 32.40 $ 98,820.00 $ 26.50
$ 80,825.00 $ 37.00 $ 1 12,850.00 $ 26.90 $ 8 2,045.00 $ 24.50 $ 74,725.00 $ 29.00 $ 88,450.00 $ 23.00 $ 70,150.00 B5 F&I 4” HDPE Pipe by Horizontal Directional Drill 800 LF $ 13.24
$ 1 0,592.00 $ 22.22 $ 1 7,776.00 $ 2 1.00 $ 16,800.00 $ 20.05 $ 16,040.00 $ 16.00 $ 12,800.00 $ 28.00 $ 2 2,400.00 $ 20.15 $ 1 6,120.00 $ 16.50 $ 13,200.00 $ 25.00 $ 20,000.00 $ 17.00
$ 13,600.00 B6 F&I 4” PVC Pipe by Open Cut 640 LF $ 11.53 $ 7 ,379.20 $ 29.52 $ 1 8,892.80 $ 1 40.00 $ 89,600.00 $ 22.00 $ 14,080.00 $ 35.00 $ 22,400.00 $ 32.00 $ 2 0,480.00 $ 46.30
$ 2 9,632.00 $ 48.50 $ 31,040.00 $ 80.00 $ 51,200.00 $ 14.00 $ 8,960.00 B7 F&I 6” PVC Pipe by Open Cut 200 LF $ 15.44 $ 3 ,088.00 $ 25.31 $ 5 ,062.00 $ 1 60.00 $ 32,000.00 $ 29.15 $
5,830.00 $ 44.30 $ 8,860.00 $ 42.00 $ 8 ,400.00 $ 50.80 $ 1 0,160.00 $ 58.50 $ 11,700.00 $ 65.00 $ 13,000.00 $ 16.75 $ 3,350.00 B8 F&I 4" HDPE Pipe byOpen Cut 400 LF $ 13.24 $ 5 ,296.00
$ 50.26 $ 2 0,104.00 $ 6 90.00 $ 276,000.00 $ 21.00 $ 8,400.00 $ 23.00 $ 9,200.00 $ 32.00 $ 1 2,800.00 $ 46.40 $ 1 8,560.00 $ 47.50 $ 19,000.00 $ 48.00 $ 19,200.00 $ 19.00 $ 7,600.00
B9 F&I 4” Resilient Wedge Gate Valve & Valve Box 10 EA $ 738.46 $ 7 ,384.60 $ 687.98 $ 6 ,879.80 840.00 $ 8,400.00 $ 1,228.00 $ 12,280.00 776 $ 7,760.00 $ 1,700.00 $ 1 7,000.00 $ 810.00
$ 8 ,100.00 $ 680.00 $ 6,800.00 $ 950.00 $ 9,500.00 $ 665.00 $ 6,650.00 Young's Communication 424 West Drive Melbourne, Fl. 32904 BID OPENING -THURSDAY, MAY 19, 2011 AWARD -THURSDAY,
JUNE, 14, 2011 SKYCREST RECLAIMED WATER EXPANSION PROJECT 10-0040-UT & CHAUTAUQUA LAKE ESTATES WATER PROJECT 10-0041-UT ANDREW SITEWORK, LLC 28561 Diesel Dr., #4 Bonita Springs, Fl.
34135 CASTCO CONSTRUCTION 9001 126th Ave, NE Largo, Fl. 33773 DALLAS 1 CONSTRUCTION 10328 Main Street Thonotosassa, Fl. 33592 SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT)
CHAUTAUQUA LAKE ESTATES RECLAIMED WATER PROJECT (#10-0041-UT) SUB-TOTAL -ITEMS A1-A24 10% CONTINGENCY TOTAL SKYCREST RECLAIMED WATER EXPANSION 10-0040-UT WESTRA CONSTRUCTION 1263 12th
Ave. E. Palmetto, Fl. 34221 MTM CONTRACTORS 6550 53rd St N Pinellas Park, Fl. 33781 GREGORY ELECTRIC CO. 2333 Feather Sound Dr. #A203 Clearwater, Fl. 33762 HARRIS-MCBURNEY 2120 N. U
S Hwy. 301 Tampa, Fl. 33619 ROWLAND INC. 6855 102nd Ave. N. Pinellas Park, Fl. 33782 SUNCOAST DEVELOPMENT OF PINELLAS 2340 Destiny Way Odessa, Fl. 33556 Item # 13
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT
PRICE AMOUNT Young's Communication 424 West Drive Melbourne, Fl. 32904 BID OPENING -THURSDAY, MAY 19, 2011 AWARD -THURSDAY, JUNE, 14, 2011 SKYCREST RECLAIMED WATER EXPANSION PROJECT
10-0040-UT & CHAUTAUQUA LAKE ESTATES WATER PROJECT 10-0041-UT ANDREW SITEWORK, LLC 28561 Diesel Dr., #4 Bonita Springs, Fl. 34135 CASTCO CONSTRUCTION 9001 126th Ave, NE Largo, Fl. 33773
DALLAS 1 CONSTRUCTION 10328 Main Street Thonotosassa, Fl. 33592 WESTRA CONSTRUCTION 1263 12th Ave. E. Palmetto, Fl. 34221 MTM CONTRACTORS 6550 53rd St N Pinellas Park, Fl. 33781 GREGORY
ELECTRIC CO. 2333 Feather Sound Dr. #A203 Clearwater, Fl. 33762 HARRIS-MCBURNEY 2120 N. U S Hwy. 301 Tampa, Fl. 33619 ROWLAND INC. 6855 102nd Ave. N. Pinellas Park, Fl. 33782 SUNCOAST
DEVELOPMENT OF PINELLAS 2340 Destiny Way Odessa, Fl. 33556 B10 F&I 6” Resilient Wedge Gate Valve & Valve Box 5 EA $ 883.54 $ 4 ,417.70 $ 974.62 $ 4 ,873.10 1300.00 $ 6,500.00 $ 1,345.00
$ 6,725.00 895 $ 4,475.00 $ 1,950.00 $ 9 ,750.00 $ 1,025.00 $ 5 ,125.00 $ 810.00 $ 4,050.00 $ 1,100.00 $ 5,500.00 $ 790.00 $ 3,950.00 B11 F&I 4" Blow-off Assembly, Reclaimed Water System
5 EA $ 1,411.62 $ 7 ,058.10 $ 1,385.17 $ 6 ,925.85 540.00 $ 2,700.00 $ 2,565.00 $ 12,825.00 1199 $ 5,995.00 $ 2,550.00 $ 1 2,750.00 $ 1,185.00 $ 5 ,925.00 $ 1,200.00 $ 6,000.00 $ 1,100.00
$ 5,500.00 $ 1,100.00 $ 5,500.00 B12 F&I 1” Short Side Service Assembly for Reclaimed Water System 50 EA $ 567.89 $ 2 8,394.50 $ 544.30 $ 2 7,215.00 760.00 $ 38,000.00 $ 679.63 $ 33,981.50
692 $ 34,600.00 $ 850.00 $ 4 2,500.00 655 $ 3 2,750.00 $ 570.00 $ 28,500.00 $ 520.00 $ 26,000.00 $ 450.00 $ 22,500.00 B13 F&I Single 1” Long Side Service Assembly for Reclaimed Water
System (2” Casing) 20 EA $ 923.25 $ 1 8,465.00 $ 897.25 $ 1 7,945.00 1200.00 $ 24,000.00 $ 808.00 $ 16,160.00 921 $ 18,420.00 $ 1,425.00 $ 2 8,500.00 1105 $ 2 2,100.00 $ 895.00 $ 17,900.00
$ 1,300.00 $ 26,000.00 $ 725.00 $ 14,500.00 B14 F&I Single 2” Long Side Service Assembly for Reclaimed Water System (4” Casing) 2 EA $ 1,484.22 $ 2 ,968.44 $ 544.30 $ 1 ,088.60 $ 7 .30
$ 14.60 $ 2,098.00 $ 4,196.00 $ 1,380.00 $ 2,760.00 $ 2,300.00 $ 4 ,600.00 $ 1,660.00 $ 3 ,320.00 $ 1,400.00 $ 2,800.00 $ 1,800.00 $ 3,600.00 $ 1,110.00 $ 2,220.00 B15 Root Pruning 500
LF $ 3.33 $ 1 ,665.00 $ 2.55 $ 1 ,275.00 $ 1 ,160.00 $ 580,000.00 $ 5.10 $ 2,550.00 $ 8.00 $ 4,000.00 $ 35.00 $ 1 7,500.00 $ 7.30 $ 3 ,650.00 $ 6.00 $ 3,000.00 $ 5.40 $ 2,700.00 $ 3.00
$ 1,500.00 B16 Tree Barricades 1 LS $ 1,344.85 $ 1 ,344.85 $ 1,982.93 $ 1 ,982.93 $ 5 ,440.00 $ 5,440.00 $ 4,000.00 $ 4,000.00 $ 1,690.00 $ 1,690.00 $ 25,000.00 $ 2 5,000.00 $ 3,225.00
$ 3 ,225.00 $ 2,500.00 $ 2,500.00 $ 6,700.00 $ 6,700.00 $ 1,500.00 $ 1,500.00 B17 Connect to Existing 16" RCW Main at 2nd Street & McCormick Drive 1 LS $ 3,642.00 $ 3 ,642.00 $ 4,257.60
$ 4 ,257.60 $ 3 .60 $ 3.60 $ 10,064.00 $ 10,064.00 $ 3,704.00 $ 3,704.00 $ 3,360.00 $ 3 ,360.00 $ 4,225.00 $ 4 ,225.00 $ 3,500.00 $ 3,500.00 $ 3,400.00 $ 3,400.00 $ 2,225.00 $ 2,225.00
B18 Sod Restoration as Directed by the Owner or the Owner's Authorized Project Representative 200 SY $ 4.71 $ 9 42.00 $ 6.81 $ 1 ,362.00 $ 8 3.00 $ 16,600.00 $ 4.00 $ 800.00 $ 3.60 $
720.00 $ 7.00 $ 1 ,400.00 $ 4.50 $ 9 00.00 $ 3.00 $ 600.00 $ 1.75 $ 350.00 $ 4.00 $ 800.00 B19 Concrete Driveway Restoration as Directed by the Owner or the Owner's Authorized Project
Representative 100 SY $ 33.73 $ 3 ,373.00 $ 59.93 $ 5 ,993.00 $ 8 3.00 $ 8,300.00 $ 59.00 $ 5,900.00 $ 37.00 $ 3,700.00 $ 45.00 $ 4 ,500.00 $ 69.75 $ 6 ,975.00 $ 51.00 $ 5,100.00 $ 161.00
$ 16,100.00 $ 55.00 $ 5,500.00 B20 Concrete Sidewalk Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 30.46 $ 3 ,046.00 $ 40.65 $ 4 ,065.00
$ 3 2.00 $ 3,200.00 $ 66.00 $ 6,600.00 $ 32.00 $ 3,200.00 $ 38.00 $ 3 ,800.00 $ 46.00 $ 4 ,600.00 $ 42.00 $ 4,200.00 $ 40.20 $ 4,020.00 $ 45.00 $ 4,500.00 B21 Concrete Curb Restoration
as Directed by the Owner or the Owner's Authorized Project Representative 100 LF $ 27.19 $ 2 ,719.00 $ 27.36 $ 2 ,736.00 $ 1 50.00 $ 15,000.00 $ 27.00 $ 2,700.00 $ 25.00 $ 2,500.00 $
15.00 $ 1 ,500.00 $ 32.00 $ 3 ,200.00 $ 21.00 $ 2,100.00 $ 24.00 $ 2,400.00 $ 45.00 $ 4,500.00 B22 Asphalt Paving Restoration as Directed by the Owner or the Owner's Authorized Project
Representative 200 SY $ 51.06 $ 1 0,212.00 $ 43.13 $ 8 ,626.00 $ 3 1.00 $ 6,200.00 $ 49.00 $ 9,800.00 $ 30.00 $ 6,000.00 $ 65.00 $ 1 3,000.00 $ 45.25 $ 9 ,050.00 $ 40.00 $ 8,000.00 $
27.00 $ 5,400.00 $ 45.00 $ 9,000.00 B23 Underdrain Restoration as Directed by the Owner or the Owner's Authorized Project Representative 500 LF $ 27.04 $ 1 3,520.00 $ 24.57 $ 1 2,285.00
$ -$ 35.00 $ 17,500.00 $ 11.00 $ 5,500.00 $ 31.00 $ 1 5,500.00 $ 35.00 $ 1 7,500.00 $ 17.50 $ 8,750.00 $ 18.00 $ 9,000.00 $ 9.00 $ 4,500.00 $ 262,602.89 $ 356,705.18 $ 1,285,148.20 $
373,601.50 $ 311,432.00 $ 484,668.00 $ 362,037.00 $ 321,415.00 $ 416,620.00 $ 247,755.00 B24 $ 26,260.29 $ 35,670.52 $ 128,514.82 $ 37,360.15 $ 31,143.20 $ 48,466.80 $ 36,203.70 $ 32,141.50
$ 41,662.00 $ 24,775.50 $ 2 88,863.18 $ 3 92,375.70 $ 1,413,663.02 $ 410,961.65 $ 342,575.20 $ 5 33,134.80 $ 3 98,240.70 $ 353,556.50 $ 458,282.00 $ 272,530.50 $ 1 ,404,841.24 $ 1 ,647,527.90
$ 2,628,954.02 $ 1,665,993.56 $ 1,518,733.70 $ 2 ,104,713.99 $ 1 ,687,693.70 $ 1,466,014.00 $ 1,997,303.00 $ 1,160,489.00 GRAND TOTAL FOR SKYCREST EXPANSION & CHAUTAUQUA LAKES RECLAIMED
PROJECTS TOTAL CHAUTAUQUA LAKE ESTATES ITEMS B1-B24 SUB-TOTAL ITEMS B1-B23 10% CONTINGENCY Item # 13
URS CORPORATION SOUTHERN WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: May 23, 2011 Project Number:___________ City Project Numbers: 10-0041 UT & 10-040-UT 1. PROJECT TITLE:
Chautauqua Lake Estates and Skycrest Reclaimed Water Systems General Services during Construction 2. SCOPE OF SERVICES: The scope of services for this Work Order provides the General
Services during Construction for the Chautauqua Lake Estates and the Skycrest Reclaimed Water Systems. The specific scope of services is: the attendance at the preconstruction conference;
the review and approval of shop drawings; and response to requests for information. I -CONSTRUCTION PHASE Task 1-Task 1 – Attendance of Pre-Construction Conference URS will attend the
pre-construction conference. The purpose of URS attendance is to answer technical questions with respect to the design. URS will not be responsible for questions or providing information
involving the contract between the CITY and the contractor. Attachment number 3 Page 1 of 5 Item # 13
Task 2 – Review and Approval of Shop Drawings URS will review and approve up to thirty (30) of the contractor submitted shop drawings for the project. URS will review the contractor
submitted shop drawings up to two (2) times each. Task 3 – Response to Requests for Information (RFIs) During construction URS will review and respond up to thirty (30) contractor or
CITY generated RFIs. All responses with be in writing and will be submitted to the CITY for its transmittal to the contractor. 3. PROJECT GOALS: The project goals are to provide the
general services during construction for the Chautauqua Lake Estates and Skycrest reclaimed water distribution systems for the CITY to continue to expand its reclaimed water customer
base and to increase the amount of reclaimed used to offset potable water demand for nonpotable uses. Additionally the increased use of reclaimed water within the CITY will also help
to reduce the amount of treated effluent that is discharge to surface waters for disposal. 4. BUDGET: The fee estimate for this assignment is shown below and is also located on Attachment
“B”. This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, not to exceed fees for task allowances totaling
Eighteen Thousand One Hundred Twenty-nine Dollars ($18,129). Include a statement that permit application fees will be paid by the consultant and invoiced to the City as a reimbursable
Chautauqua Lake Estates Task I Construction Phase $ 8,814.00 Other Direct Costs $ 250.00 Subtotal for Chautauqua Lake Estates $9,064.00 Skycrest Task I Construction Phase $ 8,815.00
Other Direct Costs $ 250.00 Subtotal for Skycrest $9,065.00 Total $18,129.00 Attachment number 3 Page 2 of 5 Item # 13
5. SCHEDULE: The project is to be completed months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Pre-construction conference 30 calendar days
Shop Drawing Review and Processing 45 calendar days Response to RFI’s 180 calendar days 6. STAFF ASSIGNMENT (Consultant): Officer-in-Charge: Dana K. Tallman, P.E. Project Manager: Bozho
Handjiev, P.E. Construction Manager: Craig Osmanski, P.E. Senior Designer: David Ellis Admin Assistant: Lisa Woodard 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence
shall be directed to Craig Osmanski, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING
PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Deb Lutz, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work
performed. Invoices will be prepared monthly according to the City’s Engineer of Record contract requirements. Contingency services will be billed as incurred only after written authorization
provided by the City to proceed with those services. City Invoicing Code: _0315-96739-561300-533-000-0000 _________ 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: Attachment
number 3 Page 3 of 5 Item # 13
PREPARED BY: APPROVED BY: ________________________ ________________________ Dana K. Tallman, PE Michael D. Quillen, PE Vice President City Engineer URS Corporation Southern City of Clearwater
___________________ ___________________ Date Date Attachment number 3 Page 4 of 5 Item # 13
{Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design plans shall be compiled
utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical)
and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City
of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise.
Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still
acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all
necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any
questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony@myclearwater.com Ø All electronic files (CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater. Attachment number 3 Page 5 of 5 Item # 13
CHAUTAUQUA /COACHMAN RECLAIMED WATER PROJECT (#10-0041-UT) Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750,
Fax: (727)526-4755 www.MyClearwater.com 0 500 1,000 2,000 Feet Legend Chautauqua Lake Estates Existing/Other Reclaimed Coachman Ridge /Chautauqua Revised Figure 1 U.S. 19 U.S. 19 McMullen
Booth Road Sunset Point Road Belcher Road NE Coachman CD LAN n/a n/a May 26, 2011 Map Gen By: Reviewed By: Grid #: S-T-R: Date: Map Document: (V:\GIS\_Staff\Martin\RobMaue\Reclaimed\Coach_Chautauqua.
mxd) ² 1 inch = 2,000 feet Attachment number 4 Page 1 of 1 Item # 13
kj n SKYCREST RECLAIMED WATER PROJECT (#10-0040-UT) Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax:
(727)526-4755 www.MyClearwater.com CD LAN n/a n/a May 26, 2011 Map Gen By: Reviewed By: Grid #: S-T-R: Date: Map Document: (V:\GIS\_Staff\Martin\RobMaue\Reclaimed.mxd) 0 0.25 0.5 1 Mile
² Legend n School kj Government Offices Future Skycrest Reclaimed Expansion (Keene Rd & Greenlea Dr Interconnect) Existing Reclaimed Skycrest Area Countryside High School Pinellas County
Government Complex Revised Figure 1 Gulf-To-Bay Blvd Gulf-To-Bay Blvd Keene Road U.S. 19 U.S. 19 McMullen Booth Road SR 580 Sunset Point Road Belcher Road NE Coachman Highland AveBetty
Lane Memorial Causeway Additional Skycrest Reclaimed Attachment number 5 Page 1 of 1 Item # 13
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve a work order to Tetra Tech, Inc. of Tampa, FL in the amount of $139,800.00 for
engineering services associated with the Water Treatment Plant 3 Arsenic Treatment System Project (11-00xx-UT), and authorize the appropriate officials to execute same. SUMMARY: This
agenda item provides for engineering and design services for the construction of new treatment facilities to be located at the city’s existing Water Treatment Plant 3 at 2775 State Road
580. The new treatment facilities will consist of pressurized filter vessels that remove contaminants from the water prior to disinfection and distribution into the city’s drinking water
system. The City owns and operates a wellfield that is the local source of supply for potable water production. The remainder of the water supply that is necessary to meet the additional
demand is met by the purchase of imported water from Pinellas County. The City of Clearwater Water Supply System Master Plan last updated in 2008 recommends that the City actively work
to maximize local production capabilities, specifically in those ways that are more cost effective than the option of purchasing water. While the City utilizes reverse osmosis treatment
at Water Plant 1 and is currently under design to build a brackish Reverse Osmosis treatment facilities at Water Plant 2, there is currently no treatment at Water Plant 3. Construction
of the proposed filters will protect the City’s investment in the plant and the wellfield allowing for a longer useful life and increase the City’s ability to continue meeting water
quality standards for its drinking water. The design phase is anticipated to be complete by December 2011, with the construction phase scheduled for completion by June 2012. Tetra Tech
is one of the City’s Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. A third quarter amendment will establish
Capital Improvement Program, 0327-96775, Arsenic Treatment WTP 3, and transfer $139,800.00, Utility R and R revenue from 0327-96741, System R and R Capitalized to fund this work order.
Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary section Current Year Cost: $139,800.00 Annual Operating Cost: Not to
Exceed: Total Cost: $139,800.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0327-96775-561300-533-000-0000 139,800.00 See summary section Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 14
TETRA TECH WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: May 26, 2011 Project Number:_________________ City Project Number:_11-00xx-UT__ 1. PROJECT TITLE: Water Treatment
Plant #3 Treatment System Additions 2. SCOPE OF SERVICES: The City of Clearwater (City) is required by the Florida Department of Environmental Protection (FDEP) to provide an arsenic
removal treatment system on the raw water pumped to the City’s Water Treatment Plant (WTP) #3. The treatment system will be located at WTP#3. There is limited available area for placement
of the treatment system at the WTP#3 site and therefore it is anticipated that a media adsorption system will be used for arsenic removal that will minimize the overall footprint of
the system and will not require significant pretreatment facilities or waste handling facilities. It is anticipated that the spent media is a nonhazardous waste that can be removed and
disposed of at a landfill and the backwash water, if backwashing is required, will contain low concentrations of arsenic and can be sent to the sanitary sewer system without treatment.
The City has requested Tetra Tech, Inc. (Tetra Tech) to provide a scope of services for the evaluation of treatment systems and the recommendation for a treatment system. In addition,
the scope of services includes preliminary design and final design of the treatment system, and bidding assistance. Tetra Tech proposes the following scope of services for this project:
1. Kick Off Meeting with City and Site Visit Tetra Tech will attend one (1) kick off meeting with the City and a site visit to discuss the project scope and schedule. Deliverable: Meeting
Minutes Attachment number 1 Page 1 of 7 Item # 14
2. Review of Water Quality Data Tetra Tech will review the City’s existing water quality data for the twelve (12) wells (Wells 3-1, 3-2, 3-3, 3-4, 3-5, 56, 58, 63, 68, 69R, 77, and 79)
supplying raw water to WTP#3. Tetra Tech will outline additional water quality sampling and analyses, if necessary, and the City will be responsible for collecting the samples and paying
for the cost of analysis. Tetra Tech will summarize the water quality data and develop a design raw water quality for the arsenic treatment system. Deliverable: Water Sampling Matrix
(if necessary) 3. Evaluation of Treatment Systems Tetra Tech will evaluate arsenic removal systems, present this information to the City for review and discussion, and then recommend
up to three (3) systems to be considered as candidates for the arsenic treatment system at WTP#3. Tetra Tech will prepare a survey document and distribute it to suppliers of arsenic
adsorption media systems to obtain comparative design, sizing and cost information from each supplier to be used in the evaluation. Preliminary opinions of capital and operational cost
will be developed for these 3 systems. Additionally, Tetra Tech will outline the proposed locations of raw water withdrawal and treated water discharge at WTP#3, and up to two (2) proposed
locations for the placement of the arsenic removal equipment. This information will be included in the Draft Arsenic Treatment Evaluation Report for the City’s review. The City’s comments
to the draft report will be incorporated in the Final Report. Deliverable: Arsenic Treatment Evaluation Report 4. Preliminary Design Tetra Tech will complete the preliminary design of
the selected arsenic removal system as determined after the treatment evaluation phase. A Preliminary Design Report will be developed that shows the location of the treatment equipment,
piping, and ancillary equipment. Additionally, the preliminary opinion of capital and operational costs will be updated. At the preliminary design phase, Tetra Tech will prepare and
submit the FDEP Permit Application. Deliverable: Preliminary Design Report 5. Final Design Tetra Tech will complete the final design of the arsenic removal system, including the geotechnical
investigation, plans, specifications, and the engineer’s opinion of capital and operating costs for the system. This scope of work assumes that site improvements will only require the
preparation of a Modification to the existing Environmental Resource Permit (ERP). Additionally, this scope assumes that no property setback variances are required. Tetra Tech will provide
progress submittals of the final design documents at the 60% and 90% completion phases for the City’s review and comment. Attachment number 1 Page 2 of 7 Item # 14
Deliverables: 60% Design, 90% Design, FDEP Permit Application 6. Preparation of Bid Documents Tetra Tech will complete documents for the bidding of the arsenic treatment system at WTP#3.
Tetra Tech will utilize the City’s front end documents. Deliverable: Bid Documents (100% Design) 7. Bidding Assistance Tetra Tech will assist the City by answering up to fifteen (15)
requests for information (RFI) from Contractors, attend the pre-bid meeting, and assist the City in evaluating bids and making recommendations for the award of the contract. The Contractor
will be responsible for obtaining the building permit for this treatment system. 8. Pre-Application Meeting with FDEP The City and Tetra Tech will meet with the FDEP’s Permitting Department
to discuss permitting requirements and schedule for design, permitting, and construction of the WTP#3 Arsenic Treatment System prior to the preparation and submittal of the FDEP permit
application. 9. City Review Meetings Tetra Tech will prepare for, attend and prepare the minutes of up to 6 meetings with the City to discuss the status of the project and discuss the
evaluation report and design. 3. PROJECT GOALS: The following goals are identified for the WTP#3 Treatment System Additions Project: a. Evaluate, Design, Permit, and Construct the Treatment
System at WTP#3. Tetra Tech will provide five (5) copies each of the following documents to the City of review and approval: a. Treatment Evaluation Report -Draft and Final b. Preliminary
Design Report – Draft and Final c. 60% Design, 90% Design, FDEP Permit Application -Final d. Bid Documents (100% Design) -Final 4. BUDGET: The breakdown of the project costs are shown
in the table in Attachment B. This price includes labor and expenses anticipated to be incurred by Tetra Tech for the completion of these tasks, on a lump sum basis, for a fee of One
Hundred Thirty-Nine Thousand Eight Hundred Dollars ($139,800.00). The FDEP permit application for the Treatment System is included in this scope of work. The FDEP permit application
fee will be paid by the City. Attachment number 1 Page 3 of 7 Item # 14
5. SCHEDULE: This scope of services is scheduled to be completed by March 1, 2012, with an issuance date of notice-to proceed of May 31, 2011. The project milestones are as follows:
Water Sampling Matrix 5/31/11 Treatment Evaluation Report 9/2/11 Preliminary Design Report 10/14/11 60% Design 10/28/11 90% Design 12/23/11 Bid Documents 1/20/12 6. STAFF ASSIGNMENT
(Consultant): Key technical personnel scheduled to work on this project are as follows: Emilie Moore, P.E. -Senior Project Manager James Christopher, P.E. -Senior Process Engineer James
Crawford, E.I. -Design Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Emilie Moore. All City project correspondence shall be
directed to Robert Fahey with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn:
Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly. Contingency services will be billed as
incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _0327-96775-561300-533-000-0000 _________ 9. ITEM 9 INTENTIONALLY
LEFT BLANK 10. SPECIAL CONSIDERATIONS: a. The City is responsible for providing the survey of the Water Treatment Plant #3 property. b. The City is responsible for performing the water
quality sampling and analyses. Attachment number 1 Page 4 of 7 Item # 14
c. Tetra Tech requests that geotechnical reports of the Water Treatment Plant #3 property be provided. d. The scope assumes that no property setback variances are required for this project.
e. The City is responsible for the permit application fees. f. Due to the accelerated schedule at the direction of the City, pilot testing is not included in the scope of services. The
design will be performed in reliance upon the representations and guarantees made by the media suppliers and Tetra Tech provides no representations or guarantees of arsenic removal percentage
or the life of the media. PREPARED BY: APPROVED BY: ___________________ Emilie A. Moore, P.E. Michael D. Quillen, PE Tampa Area Regional Manager City Engineer Tetra Tech, Inc. City of
Clearwater ___5-26-11______________ ___________________ Date Date Attachment number 1 Page 5 of 7 Item # 14
{Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design plans shall be compiled
utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North
American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will
not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36"
at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later
including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information
to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony@clearwater-fl.com All electronic files must be delivered upon completion of project or with 100% plan submittal to
City of Clearwater. Attachment number 1 Page 6 of 7 Item # 14
ATTACHMENT B CITY OF CLEARWATER Water Treatment Plant #3 Treatment System Additions PROJECT BUDGET Tetra Tech Task Description Total 1 Kick Off Meeting with City and Site Visit $2,400
2 Review of Water Quality Data $5,100 3 Evaluation of Treatment Systems $15,200 4 Preliminary Design $22,500 5 Final Design $62,700 6 Preparation of Bid Documents $8,900 7 Bidding Assistance
$9,600 8 Pre-Application Meeting with FDEP $3,800 9 City Review Meetings $9,600 Subtotal, Labor and Subcontractors $139,800 Permit Review Fees Paid by City Grand Total $139,800 Attachment
number 1 Page 7 of 7 Item # 14
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Support the Florida Department of Environmental Protection’s petition to U.S. Environmental
Protection Agency to rescind Numeric Nutrient Criteria in Florida and adopt Resolution 11-16. SUMMARY: On January 14, 2009, the United States Environmental Protection Agency (EPA) formally
determined that numeric nutrient criteria (NNC) should be established for the State of Florida on an expedited schedule. Since the Florida Department of Environmental Protection (FDEP)
has an aggressive program in place and progressively working toward guidelines that are more stringent where necessary, the FDEP petitioned the EPA to respond by May 22, 2011 on relieving
Florida from this federal mandate. Significant cost, estimated in the millions of dollars, will be involved to bring nitrogen discharge limits for the wastewater and stormwater treatment
systems to EPA’s newest standards. This resolution supports the FDEP’s petition to EPA to rescind numeric nutrient criteria in Florida at this time. This Resolution is Clearwater’s first
step in supporting the FDEP in a request for relief. City staff, as well as other local municipalities, will attend Public Workshops held by the FDEP scheduled for June in Tallahassee
and the Orlando area. There are no costs associated with Resolution 11-16. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager
6) Clerk Cover Memo Item # 15
1 RESOLUTION 11-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION’S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY
FLORIDA; REPEAL FEDERALLYPROMUGATED NUMERIC NUTIRENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND, PROVIDING AN EFFECTIVE
DATE. WHEREAS, the City of Clearwater has long recognized the detrimental effects of the introduction of excessive amounts of nitrogen and phosphorus into the local surface waters surrounding
the City; and WHEREAS, annual analysis and review of ambient water quality within all of our surface waters has been ongoing as required by our MS4 NPDES (Municipal Separate Storm Sewer
System National Pollutant Discharge Elimination System) Permit; and WHEREAS, in 1991 the City adopted an ordinance creating a Stormwater Utility, establishing a dedicated funding source
for stormwater projects to improve surface water quality; and WHEREAS, the City has actively participated in the development of Total Maximum Daily Loads for Tampa Bay; and WHEREAS,
the City considers their actions to maintain and improve surface water quality within Pinellas County to be in close compliance with the intent of both the United States Environmental
Protection Agency and the Florida Department of Environmental Protection Agency; and WHEREAS, the Florida Department of Environmental Protection has reinitiated its own rulemaking process
to adopt numeric nutrient criteria for Florida waterbodies; and WHEREAS, the City considers the actions of Florida city and county governments, the Florida Department of Environmental
Protection and the Florida Legislature to be consistent with the key principles of a model state program for the reduction of nutrients as described in the Environmental Protection Agency’s
Memorandum to Regional Administrators of March 16, 2011; and WHEREAS, the City supports the Florida Department of Environmental Protection’s Petition requesting that the United States
Environmental Protection Agency rescind its determination that federal numeric nutrient criteria are needed in Florida and strongly requests that the United States Environmental Protection
Agency consider this Petition Attachment number 1 Page 1 of 2 Item # 15
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City hereby requests that the United States Environmental Protection Agency (EPA)
affirmatively consider and grant the Florida Department of Environmental Protection’s Petition requesting that EPA: 1. Withdraw its January 2009 determination that numeric nutrient criteria
are necessary only in Florida; 2. Immediately initiate the repeal of 40 C.F.R. 131.49, providing for EPA-developed numeric nutrient criteria in Florida; and, 3. Discontinue proposing
or promulgating further numeric nutrient criteria in Florida. Section 2. The City Clerk is hereby directed to forward a copy of this Resolution to EPA Administrator Lisa Jackson, Governor
Rick Scott, State Senate President Michael Haridopolos and Speaker of the House of Representative Dean Cannon, the Florida Congressional Delegation, and the local state Legislative Delegation
Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Florida League of Cities, the Florida Association of Counties and the Florida Stormwater Association.
Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2011. ____________________________ Frank V. Hibbard Mayor
Approved as to form: Attest: __________________________ _____________________________ Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Provide direction regarding short-term rentals in the High Density Residential (HDR) zoning
district. SUMMARY: The issue of short-term rentals occurring in attached dwellings located in the High Density Residential (HDR) zoning district has surfaced. Certain condominium association
documents allow the short-term rental of units within these properties and historically the properties have been rented. The City’s ordinances do not permit the rental of such properties
for less than 30 days and the association documents allow rental periods of 14 days. The Planning and Development Department, in conjunction with the City Attorney’s office, has identified
several options for Council’s consideration: Determine if individual units should be grandfathered by using the Council Policy established for determining nonconformities in the single-family
districts. Under this option, if the use is discontinued or abandoned for a period of six consecutive months, it may not be reestablished (Code Section 6-103.D). Require buildings to
submit an application pursuant to the Community Development Code to allow a certain number of units (10) to be rented at any one time as accessory overnight accommodations (Code Section
2-503.F and 2-504. C). It should be noted that the staff report that accompanied Ordinance 7105-03 that further clarified the prohibition of short-term rentals identified this as an
option for the multi-family zoning districts. Amend the Community Development Code to allow properties constructed prior to a certain time to be rented on a short-term basis provided
condominium documents allowed such short-term rentals at that time. Request a declaratory judgment from Circuit Court as to which if any properties or units in the HDR zoning district
area entitled to short-term rental use. Enforcement is to occur on any units determined not to be lawfully rented on a short-term basis. Review Approval: 1) Office of Management and
Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 16
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Award a contract to Pillar Construction Group, LLC of Clermont, Florida, Bid 08-0020-PR,
for the sum of $654,298.70 (including Alternates 3 and 4 and 10% contingency), for renovations of the North Greenwood Recreation and Aquatics Center and North Greenwood Library, to be
funded from CIP 315-93621, and authorize the appropriate officials to execute same. SUMMARY: On November 16, 2010, the City Council approved changes to the Penny for Pinellas III project
list including funding for the renovations to the North Greenwood Recreation and Aquatics Center (NGRAC) and Library located on the southwest and southeast corners of Martin Luther King
Jr. Avenue and Palmetto Street. The scope of the project is to renovate the current NGRAC by enclosing two exterior programming spaces as well as adding a catering kitchen and provide
interior renovations to accommodate partner agencies (i.e., North Greenwood Family Center and the North Greenwood Boys and Girls Club). This project will allow for additional revenue
from partner agencies and an annual operational savings for a combined savings of approximately $200,000 per year. The City will be the operator and facilitator of the building with
the programming aspects handled by the partner agencies. (Note -Agreements with these agencies will be forthcoming.) This contract, with Pillar Construction Group, will provide for the
renovations of NGRAC as well as Alternate 3, which is the renovations of the North Greenwood Library, primarily the computer lab, and Alternate 4, which is the construction of a new
overhead canopy at NGRAC from the main building entrance to the driveway. The contract is under the projected budget for this project. Furnishing for the building and kitchen will be
provided under separate contract. Completion is scheduled for November 2011. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current
Year Cost: $654,298.70 Annual Operating Cost: Not to Exceed: $654,298.70 Total Cost: $654,298.70 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 315-93621
$654,298.70 Bid Required?: Yes Bid Number: 08-0020-PR Other Bid /Contract: Bid Exceptions: None Review Approval: 1) City Manager Cover Memo Item # 17
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID 1 CONSTRUCTION EXPANSION & RENOVATIONS
OF EXISTING REC CENTER 1 LS $ 547,177.00 $ 5 47,177.00 $ 570,790.00 $ 570,790.00 $ 525,240.00 $ 525,240.00 $ 543,129.27 $ 543,129.27 $ 519,404.00 $ 519,404.00 $ 490,000.00 $ 490,000.00
$ 4 61,085.00 $ 461,085.00 2 SITE WORK 1 LS $ 63,444.00 $ 6 3,444.00 $ 50,658.00 $ 50,658.00 $ 51,000.00 $ 51,000.00 $ 35,311.97 $ 35,311.97 $ 45,794.00 $ 45,794.00 $ 70,000.00 $ 70,000.00
$ 3 8,564.00 $ 38,564.00 TOTAL BASE BID $ 610,621.00 $ 621,448.00 $ 576,240.00 $ 578,441.24 $ 565,198.00 $ 560,000.00 $ 499,649.00 ALTERNATE BID ALT 3 RENOVATIONS OF LIBRARY COMPUTER
ROOM 1 LS $ 53,468.00 $ 5 3,468.00 $ 43,519.00 $ 43,519.00 $ 38,000.00 $ 38,000.00 $ 39,574.76 $ 39,574.76 $ 38,452.00 $ 38,452.00 $ 42,000.00 $ 42,000.00 $ 3 8,168.00 $ 38,168.00 ALT4
CONSTRUCT 10' X 75' OVERHEAD CANOPY+/-1 LS $ 45,000.00 $ 4 5,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00
$ 4 5,000.00 $ 45,000.00 5 SURETY PERFORMANCE BOND 1 LS $ 7,090.89 $ 7 ,090.89 $ 6,800.00 $ 6,800.00 $ 7,500.00 $ 7,500.00 $ 18,750.00 $ 18,750.00 $ 16,200.00 $ 16,200.00 $ 10,000.00
$ 10,000.00 $ 1 2,000.00 $ 12,000.00 6 SUB-TOTAL ITEMS 1, 2, 3, 4 & 5 $ 716,179.89 $ 716,767.00 $ 666,740.00 $ 681,766.00 $ 664,850.00 $ 657,000.00 $ 594,817.00 7 10% CONTINGENCY $ 71,617.99
$ 71,676.70 $ 66,674.00 $ 68,176.60 $ 66,485.00 $ 65,700.00 $ 59,481.70 8 TOTAL CONSTRUCTION COSTS ITEMS 1-7 $ 787,797.88 $ 788,443.70 $ 733,414.00 $ 749,942.60 $ 731,335.00 $ 722,700.00
$ 654,298.70 CERTUS BUILDERS 304 S. Westland Ave. Tampa, Fl. 33606 N GREENWOOD RECREATION CENTER RENOVATION & EXPANSION N. GREENWOOD LIBRARY RENOVATIONS BID OPENING -THURSDAY, MAY 19,
2011 AWARD -THURSDAY, JUNE 14, 2011 PILLAR CONSTRUCTION 1312 Bowman St. Clermont, Fl. 34711 MIDWAY SERVICES, INC. 4677 118th Ave. N. Clearwater, Fl. 33762 E. O. KOCH CONSTRUCTION P.
O. Box 1965 Sebring, Fl. 33871-1965 AIR MECHANICAL & SERVICE CORP 4311 W. Ida St. Tampa, Fl. 33614 AJAX BUILDING CORP 109 Commerce Blvd. Oldsmar, Fl. 34677 BANDES CONSTRUCTION 1368 Spalding
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Appoint Daryl W. Schuster to the Sister Cities Advisory Board, as the Clearwater Sister
Cities, Inc. representative, with term to expire December 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory
Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 CHAIRPERSON: Lois Sewell (resigned) MEETING DATES: Quarterly PLACE: TBD APPOINTMENTS
NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the
Clearwater Arts Foundation shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Lois Sewell – 2391 Old Coach Trail, 33765 – Original Appointment 7/19/07 Resigned 4/16/11 -(was serving 1st term until 7/31/11) (Clearwater Sister Cities, Inc.) THE FOLLOWING NAME
IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Daryl W. Schuster – 2030 Sandpiper Drive, Palm Harbor, FL 34683 – Teacher (Clearwater Sister Cities, Inc.)– President
Zip codes of current members: 3 -33764 1 -34698 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve a Contract For Purchase of Real Property between The Times Publishing Company,
a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), for the City to purchase real property described as Magnolia Park Subdivision, part of lot 3 lying East
of Railroad, all of Lots 4,5,6 and 8, plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block
8, according to the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County, for the sum of $2,200,000; authorize the appropriate officials to execute same,
together with all documentation required to effect closing; approve the appropriation of $2,500,000 from Penny for Pinellas funds for subject property acquisition, closing and site demolition
expenses; and approve the terms and conditions of the related temporary occupancy lease between the City and The Times Publishing Company, and authorize the appropriate officials to
execute same. SUMMARY: The subject property is located at 710 Court Street in the Downtown District of Clearwater. The parcel is approximately 83,800 sq. ft. and is comprised of a single
tenant office building with an adjacent parking lot. This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as
well suited for transit and/or governmental uses. Acquisition discussions between the parties have taken place over a period of years, but have not led to agreement. Now, however, due
to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase arrangement with The Times Publishing Company to allow acquisition within
designated funds in Penny for Pinellas. The purchase price is close to the mid-point between two independent appraisals performed on the property and reflects a $26.29/sq. ft. blended
valuation (structure and parking lot). Because The Times Publishing Company has the desire and need to find a relocation site for the Clearwater Bureau and an acceptable alternative
has not yet been found, a companion lease would allow The Times Publishing Company to lease back the property for the statutorily-required $1 per annum minimum, triple net, with the
City held completely harmless, for up to one year. The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price. A third quarter budget
amendment will establish a capital project in the amount of $2.5 million to fund the purchase. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City
Manager 5) City Manager 6) Clerk Cover Memo Item # 19
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City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Approve a Contract For Purchase of Real Property between Court Street Enterprises, Inc.,
a Florida Corporation, and the City of Clearwater for the City to purchase from Court Street Enterprises, Inc., real property described as a portion of Lots 2, 3, 8 and 9, Block 11,
Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of $525,000 and authorize the appropriate officials to execute same,
together with all documentation required to effect closing; approve the appropriation of $575,000 from Penny for Pinellas funds for subject property acquisition, closing and site demolition
expenses; and approve the terms and conditions of the related temporary occupancy lease between the City and David Allbritton, and authorize the appropriate officials to execute same.
SUMMARY: The subject property is located at 704 Court Street in the Downtown District of Clearwater. The parcel is approximately 19,368 sq. ft. Acquisition of this property, immediately
adjoining The Times Publishing Company acquisition, would provide the City with a consolidated parcel in excess of 100,000 sq. ft. and enhance the functional and/or redevelopment value
of the assemblage for the City, and allowing for the possibility of use for the downtown intermodal facility. The purchase price is within the range of the two independent appraisals
performed on the property for redevelopment assemblyvalueand reflects a $27.10 sq. ft. appraised value. Because a member of the ownership entity has the desire and need to find a relocation
site for business operations currently located in the subject structure and an acceptable alternative has not yet been found, a companion lease would allow David Allbritton, a principal
in Court Street Enterprises, Inc. to lease back the property for the statutorily required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year.
A third quarter budget amendment will establish a capital project in the amount of $575,000 to fund this purchase. Review Approval: 1) Financial Services 2) Office of Management and
Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City Manager 7) Clerk Cover Memo Item # 20
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1 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this ____ day of ________________ , 2011 by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, as Lessor,
and DAVID ALLBRITTON BUILDING CONTRACTOR, INC., a Florida Corporation, as Lessee. WI T N E S S E T H : That the Lessor does lease to the Lessee the following premises consisting of the
land and all improvements thereon addressed at 704 Court Street, Clearwater, Pinellas County, Florida 33756, being more specifically described as follows: A Portion of Lots 2, 3, 8 and
9, Block 11, MAGNOLIA PARK, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: From the Southwest corner
of said Block 11, run thence East 73.45 feet for the Point of Beginning: Thence run N 00°15'12" E, 314.34 feet to the South right-of-way line of Franklin Street, also being the north
line of said Block 11; thence S 89°58'00" E along said north line of Block 11, 58.82 feet; thence S 00°52'44" E, 314.34 feet to the North right-of-way line of Court Street, also being
the South line of said Block 11; thence West along said South line of Block 11, 65.03 feet to the Point of Beginning Such property shall hereinafter be referred to as the "leased premises"
or the "demised premises" or the "leased property." 1. LEASE TERM. The term of this lease shall be for one (1) year; which term will commence on the day of closing of that certain Contract
For Purchase of Real Property by and between the parties, City of Clearwater, Florida, a Florida Municipality, and Court Street Enterprises, Inc., a Florida Corporation (note, David
Allbritton is a principal in both Court Street Enterprises, Inc. and David Allbritton Building Contractor, Inc.) entered into the day of , 2011, and shall continue until midnight on
the 365th day thereafter If Lessee is not in default of any lease provision, Lessee shall further have the privilege and option of terminating this lease upon giving Lessor not less
than sixty (60) days written notice prior to vacating the lease premises, and fully paying any and all costs, including, but not limited to, rent, utilities, taxes and insurance expenses
for which Lessee is responsible. 2. RENT. Lessee agrees to pay and Lessor agrees to accept as rent during the term of this Lease, the sum of One and 00/100 Dollars ($1.00), the receipt
and sufficiency of which is hereby acknowledged. 3. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during
the term without the written consent of the Lessor: The premises will be used by Lessee in continuance of the conduct of the business operations of David Attachment number 2 Page 1 of
11 Item # 20
2 Allbritton Building Contractor, Inc., a Florida corporation and the assumption and continuance by David Allbritton Building Contractor, Inc. of certain aspects of the business operations
of Court Street Enterprises, Inc., at the leased property. 4. UTILITIES. Water, sewer, electric, gas, telecommunications and all other utilities of any kind shall be billed directly
to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 5. TAXES. Lessee shall be responsible
for and pay any and all real property taxes that may be assessed and levied on the real property encompassing the demised premises, together with all tangible personal property taxes
due and owing during calendar year 2011, and throughout the full term hereof, either as fee owner or as Lessee pursuant to the leasehold created by this document. 6. OBSERVANCE OF LAWS
AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances
and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE. Excepting
the continuation of the current business operations at the leased property, and the short term month to month subleases to subtenants identified in Exhibit “A” attached hereto, the Lessee
shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, additionally sublet the premises or any part
thereof. Lessor may withhold such consent at its discretion. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under
this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such lessee. Excepting the continuation of the current business operations at the leased property and subtenants identified in Exhibit
“A”, if the premises are sublet or occupied by anyone other than Lessee or others not in accord with Lessee’s business operations, other than as consented to by Lessor in writing, as
required, it shall be deemed that Lessee is in default hereunder; or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply
the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such
assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. Attachment number 2 Page 2 of 11 Item # 20
3 8. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent
of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee
shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply
to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased
property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority
to permit mechanics' or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days
after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the
term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures
and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall
reimburse Lessor for the cost of such removal. 9. RISK OF LOSS. All of Lessee's personal property, whether present within or upon the lease premises as of the commencement date hereof,
or placed or moved onto or into the premises at any time during the term hereof, shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to
the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected
with the premises hereby leased or any part of the building which the leased premises are a part of or any loss or damage resulting to the Lessee or its property from bursting, stopped
up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 10. RIGHT OF ENTRY. Lessor, or any of its agents,
shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,
comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations
or additions, which do not conform to this agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition
for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they
are in at Attachment number 2 Page 3 of 11 Item # 20
4 the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to
their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement and as further stated hereafter under
Paragraph 13. Maintenance. Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances
of said premises, or of the walls or the building caused by any wrongful act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length
herein. 13. MAINTENANCE. Lessee shall reasonably maintain, but not repair, the foundation, outer walls, roof and buried conduits of the premises. However, the Lessee will not be responsible
to make structural, major component, or system repairs. The Lessor shall not be called on to make any such repairs occasioned by the negligence of the Lessee, its agents, express or
implied invitees, or employees. Lessee shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and
shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having
jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which
they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision
shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and Lessee agrees that all operation, upkeep, and
minor repairs, but not replacements, will be at Lessee's expense. It is the further agreement of the Parties to this Lease that neither Party shall be called upon to make repairs in
the instance that the needed repair interferes or prevents occupancy, rendering the premises uninhabitable. In such a case, either Party may terminate the Lease and the Lessee and subtenants
shall vacate as if the Lease has expired. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall
make payment within ten (10) days of receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this
lease. 14. DESTRUCTION OF PREMISES. In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired
within one hundred twenty (120) days after the date of such destruction, either party may terminate this lease. In the event that the building should be partially damaged by fire, earthquake
or other cause, but only to such an extent that it can be rebuilt or repaired within one hundred twenty (120) days after the date of such destruction, the lease shall be void or voidable,
but not terminated, except as otherwise provided herein. If the Lessee intends to rebuild or repair the premises at lessee's expense, Lessee shall, within fifteen (15) days after the
date of such damage, give written notice to Lessor of the intention Attachment number 2 Page 4 of 11 Item # 20
5 to rebuild or repair and shall proceed with reasonable diligence to restore the building and other improvements to substantially the same condition as existed immediately prior to
the destruction. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within one hundred twenty (120) days after the date of commencement,
the Lessor, at Lessor option, may terminate the lease. 15. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of
eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up
to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day
the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided. The parties agree that the Lessee
shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and
any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute
any instrument of subordination which might be required by mortgagee of the Lessor. 17. DEFAULT; REMEDIES. (a) If the Lessee shall violate any of the covenants of this lease and fail
to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated. Lessee shall thereupon
become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term
is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either
by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the leased property as the agent of the Lessee and receive the rent therefore and apply
the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting,
including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages and to the cost and expenses of performance of the other covenants of Lessee
as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such intention served upon the Lessee or left
upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period. Attachment number 2 Page 5 of 11
Item # 20
6 (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors;
or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement
on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute
a default by Lessee and breach of this lease. 18. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment,
the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood
and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice
to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with
the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder
shall not operate to forfeit any of the said rights. (f)It is hereby understood and agreed that any signs to be used by Lessee, except inside the building, shall be subject to the prior
approval of the Lessor. (g)It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in
some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any sum due from Lessee is not received by Lessor within five (5) days
after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount. The Lessor shall not be required to accept any sum not paid
within five (5) days subsequent of the date when due absent the simultaneous payment of Attachment number 2 Page 6 of 11 Item # 20
7 this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of any sum due hereunder.
19. SUBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation
which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance
in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all
of the other covenants and conditions contained in this lease to be performed by the Lessee. 20. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender,
and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof,
and all amounts paid thereunder and such other matters as may be reasonably requested. 21. INDEMNIFICATION. Lessee shall indemnify the Lessor against all liabilities, expenses and losses
incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, or Leasee’s subtenant’s, to include but not being limited to (a) failure
by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal
or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property;
(c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill
of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and
(e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and
appeals. 22. "AS IS" CONDITION. The Lessee accepts the leased premises on an "as is" basis as of the commencement date, and Lessor shall have no obligation to improve or remodel the
leased premises. 23. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing
of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy
such conditions. Attachment number 2 Page 7 of 11 Item # 20
8 24. JANITORIAL EXPENSES. Lessee shall obtain janitorial services for the leased premises at Lessee expense. 25. SEVERANCE. The invalidity or unenforceability of any portion of this
lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are
not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 29. NO HAZARDOUS MATERIALS. The Lessee herewith covenants
and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that
such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and
all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees
to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous
materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 30. CONFORMANCE WITH LAWS. Lessee
agrees to comply with all applicable federal, state and local laws during the life of this Contract. 31. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract
through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 32. GOVERNING LAW. The laws of the State of Florida shall govern this Contract;
any action brought by either party shall lie in Pinellas County, Florida. Attachment number 2 Page 8 of 11 Item # 20
9 33. SECURITY DEPOSIT At time of commencement Lessee shall pay to Lessor the sum of $25,000.00 ("Deposit") to secure Lessee's faithful and timely compliance with all the provisions
hereof, including without limitation, the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the Deposit to cure any default of Lessee,
Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this Lease. In the event of default
by Lessee, and Lessee's failure to cure such default upon notice thereof, Lessor may retain all or a portion of the deposit, at the sole determination of Lessor, in addition to any other
legal remedies available to Lessor. In the event of no default by Lessee under provisions of this Lease, all monies on deposit with Lessor shall be returned to Lessee not later than
15 days following final lease termination and vacation of premises by Lessee. IN WITNESS WHEREOF, the parties hereto have executed this Business Lease Contract as of the date set forth
above. LESSEE: David Allbritton Building Contractor, Inc. By_______________________ David Allbritton, President Countersigned: CITY OF CLEARWATER, FLORIDA __________________________________
By: ____________________________ Frank V. Hibbard, Mayor William B. Home, II, City Manager Approved as to form: Attest: __________________________________ _____________________________
Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk Attachment number 2 Page 9 of 11 Item # 20
10 EXHIBIT “A” subtenants Studio #1 – Art Whitney -Music Rehearsal Studio Studio#2 – Jack Higgins -Music Rehearsal Studio Studio #3 – James Michael Berretta -Music Rehearsal Studio Studio
#6-Josh King -Music Rehearsal Studio Studio#7 – Dan Nash -Music Rehearsal Studio Attachment number 2 Page 10 of 11 Item # 20
11 EXHIBIT "B" Lessee agrees to provide at Lessee sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State
of Florida. If Lessee presently maintains policies of insurance in amounts and coverages equal to or exceeding the following, Lessee, upon Lessor approval and acceptance of such policies,
and being designated as "Additional Insured" under such policies, shall maintain such policies in force throughout the initial term and extended term, if any, of the subject lease: Property
Insurance: Lessee shall procure and maintain for the full term of the Lease, Property Insurance in the amount of $50,000, if available, with a deductible amount of up to but not more
than $2,500, excluding Flood Insurance in acknowledgment that lease premises are largely outside of a 100-year storm event flood zone designation per FEMA Rate Map Community Panel No.
12103C0108G (Rev. 9/3/2003), it being understood and agreed that Lessee's obligation is to provide property insurance coverage in said amount, since Lessor, upon any casualty that makes
the premises uninhabitable is not obligated to rebuild. Lessee will terminate and vacate the premises at that point, and the insurance amount is for razing and clearing the site, with
no reconstruction intended. As stated, the Property Insurance amount provided for above is intended to represent potential demolition expenses to be incurred by the City, and therefore,
said amount shall be determined by the City Engineer, in his sole discretion. Lessor shall be included and identified as Additional Insured under the policy and on the Certificate of
Insurance. Liability Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance and Auto Liability Insurance, each in an amount of $1,000,000.00.
These coverages shall be on an "Occurrence" basis. The Lessor shall be included and identified as an Additional Insured under the policy and on the Certificate of Insurance. The insurance
coverages and conditions afforded by these policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City's Risk Management Office. All insurance policies required within this provision shall provide full coverage from the first dollar of exposure
unless stipulated. No deductibles will be accepted other than as stipulated herein. Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease
shall be forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review, the Certificate will be filed as part of the official Lease file. Attachment
number 2 Page 11 of 11 Item # 20
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors;
or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement
on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute
a default by Lessee and breach of this lease. (d) Lessor, at its option, may terminate this lease in the event the City Council determines at a duly constituted City Council meeting
that the lease premises are needed for other municipal purposes and serves Lessee with sixty (365) days notice of such intended use. 18. MISCELLANEOUS. (a) The Lessor shall have the
unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the
Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence
of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered
mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered
to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative,
and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that
any signs to be used by Lessee, except inside the building, shall be subject to the prior approval of the Lessor. (g)It is understood that no representations or promises shall be binding
on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby
agreed that if any sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%)
of such overdue amount. The Lessor shall not be required to accept any sum not paid within five (5) days subsequent of the date when due absent the simultaneous payment of Attachment
number 3 Page 1 of 1 Item # 20
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Update on County Digital Billboard Ordinance – Councilmember Bill Jonson SUMMARY: Review
Approval: 1) Clerk Cover Memo Item # 21
City Council Agenda Council Chambers -City Hall Meeting Date:6/14/2011 SUBJECT /RECOMMENDATION: Election Date -Mayor Hibbard SUMMARY: Review Approval: Cover Memo Item # 22
S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-04002 - 345 and 347 Elizabeth Avenue -
Johnson\Maps\ANX2011-04002 Proposed Annexation Map.doc
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-Not to Scale-
-Not a Survey-
PROPOSED ANNEXATION MAP
Owner: Renee Johnson Case: ANX2011-04002
Site: 345 & 347 Elizabeth Avenue
Property
Size (Acres): 0.125
R.O.W.(Acres)
0.032
Land Use Zoning
PIN:
17-29-16-00000-130-2500
From :
To:
RU A-E
RU MDR Atlas Page: 291B
Attachment number 1
Page 3 of 7
S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-04002 - 345 and 347 Elizabeth Avenue -
Johnson\Maps\ANX2011-04002 Future Land Use Map.doc
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-Not to Scale-
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FUTURE LAND USE MAP
Owner: Renee Johnson Case: ANX2011-04002
Site: 345 & 347 Elizabeth Avenue
Property
Size (Acres): 0.125
R.O.W.(Acres)
0.032
Land Use Zoning
PIN:
17-29-16-00000-130-2500
From :
To:
RU A-E
RU MDR Atlas Page: 291B
RU
Attachment number 1
Page 4 of 7
S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-04002 - 345 and 347 Elizabeth Avenue -
Johnson\Maps\ANX2011-04002 Zoning Map.doc
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-Not to Scale-
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ZONING MAP
Owner: Renee Johnson Case: ANX2011-04002
Site: 345 & 347 Elizabeth Avenue
Property
Size (Acres): 0.125
R.O.W.(Acres)
0.032
Land Use Zoning
PIN:
17-29-16-00000-130-2500
From :
To:
RU A-E
RU MDR Atlas Page: 291B
MDR
Attachment number 1
Page 5 of 7
S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-04002 - 345 and 347 Elizabeth Avenue -
Johnson\Maps\ANX2011-04002 Existing Surrounding Uses.doc
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-Not to Scale-
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EXISTING SURROUNDING USES MAP
Owner: Renee Johnson Case: ANX2011-04002
Site: 345 & 347 Elizabeth Avenue
Property
Size (Acres): 0.125
R.O.W.(Acres)
0.032
Land Use Zoning
PIN:
17-29-16-00000-130-2500
From :
To:
RU A-E
RU MDR Atlas Page: 291B
Mobile Home
Park
RV Sales Place of
Worship
Mobile Home Park
Place of
Worship Retail Sales Resturaunt
Office Retail Sales
Resturaunt Auto
Garage
Gas
Station
Vacant
Office Bar Vehicle
Service
Duplex Single Family Residential Single Family
Residential
Attachment number 1
Page 6 of 7
ANX2011-04002
Johnson, Renee
345 & 347 Elizabeth Avenue
View looking east at the subject property, 345 & 337 Elizabeth Avenue
South of the subject property
North of the subject property
Across street, to the west of the subject property
View looking northerly along Elizabeth AvenueView looking southerly along Elizabeth Avenue
Attachment number 1
Page 7 of 7
Ordinance No. 8261 -11
ORDINANCE NO. 8261-11
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING 0.125 ACRES OF REAL PROPERTY
LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE
APPROXIMATELY 405 FEET NORTH OF GULF-TO-BAY
BOULEVARD, CONSISTING OF THE NORTH 45 FEET OF
SOUTH 510 FEET OF EAST 120 FEET OF WEST 980 OF
SOUTHWEST ¼ OF NORTHEAST ¼ LESS 30 FEET ROAD
ON EAST, WHOSE POST OFFICE ADDRESS IS 345 & 347
ELIZABETH AVENUE, TOGETHER WITH ABUTTING
RIGHT-OF-WAY, 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:
North 45 feet of South 510 feet of East 120 Feet of West 980 of
Southwest ¼ of Northeast ¼ less 30 Feet Road on East, and as
further described in O.R. Book 10745, Page 2633, Official Records
of Pinellas County, Florida, together with abutting right-of-way.
(ANX2011-04002)
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.
Attachment number 2
Page 1 of 2
Ordinance No. 8261 -11
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2
Page 2 of 2
Ordinance No. 8262-11
ORDINANCE NO. 8262-11
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF ELIZABETH AVENUE APPROXIMATELY 405
FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING
OF THE NORTH 45 FEET OF SOUTH 510 FEET OF EAST 120
FEET OF WEST 980 OF SOUTHWEST ¼ OF NORTHEAST ¼
LESS 30 FEET ROAD ON EAST, WHOSE POST OFFICE
ADDRESS IS 345 & 347 ELIZABETH AVENUE, TOGETHER
WITH ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
North 45 feet of South 510 feet Residential Urban (RU)
Of East 120 feet of West 980 of
Southwest ¼ of Northeast ¼
Less 30 feet Road on East, and
As further described in O.R. Book
10745, page 2633, Official Records
Of Pinellas County, Florida, together
with abutting right-of-way.
(ANX2011-04002)
The map or maps attached as Exhibit(s) are hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8261-11.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 3
Page 1 of 2
Ordinance No. 8262-11
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3
Page 2 of 2
Ordinance No. 8263-10
ORDINANCE NO. 8263-11
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF ELIZABETH AVENUE
APPROXIMATELY 405 FEET NORTH OF GULF-TO-BAY
BOULEVARD, CONSISTING OF THE NORTH 45 FEET OF
SOUTH 510 FEET OF EAST 120 FEET OF WEST 980 OF
SOUTHWEST ¼ OF NORTHEAST ¼ LESS 30 FEET ROAD
ON EAST, WHOSE POST OFFICE ADDRESS IS 345 & 347
ELIZABETH AVENUE, TOGETHER WITH ABUTTING
RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
North 45 feet of South 510 feet Medium Density
Of East 120 feet of West 980 of Residential (MDR)
Southwest ¼ of Northeast ¼ less
30 feet Road on East, and as further
Described in O.R. Book 10745, Page 2633,
Official Records of Pinellas County, Florida.
together with abutting right-of-way.
(ANX2011-04002)
The map or maps attached as Exhibit(s) are hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8261-11.
Attachment number 4
Page 1 of 2
Ordinance No. 8263-10
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4
Page 2 of 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Amend the City’s fiscal year 2010/11 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 8265-11 and
8267-11 on first reading.
SUMMARY:
The fiscal year 2010/2011 Operating and Capital Improvement Budgets were adopted in September 2010 by
Ordinances 8216-10 and 8217-10. Section 2.521 of the City’s Code of Ordinances requires the City Manager to
prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances,
as well as the financial status of all capital improvement projects. The memorandum and the accompanying report
provide this information and outline the issues at mid-year that require amendment.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Mid Year Budget Review
Fiscal 2010-11
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report
DATE: June 3, 2011
Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances.
The report is based on six months of activity (October, 2010 through March, 2011) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $1,094,626.
The major reason for the overall General Fund expenditure increase is the net appropriation of General Fund
retained earnings of $731,826 at mid year which includes the following: $1,000,000 for the Clearwater Pass
Maintenance Dredging project which was previously approved by Council; $96,500 for the retirement
payouts of the former City Clerk and Assistant Library Director, both of which were long term employees;
offset by revenue increases greater than expenditures totaling $9,300; as well as transfers in from closed
capital projects totaling $10,612.30, and closed special program projects totaling $344,761.44.
General Fund Reserves ± ,QRUGHUWRHQVXUHDGHTXDWHUHVHUYHVWKH&LW\&RXQFLO¶VSROLF\UHIOHFWVWKDW
General Fund unappropriated retaLQHGHDUQLQJVRIRIWKH&LW\¶VEXGJHWHG*HQHUDO)XQGH[SHQGLWXUHV
must be maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2010 books, and the allocation of reserves noted above, estimated General
Fund reserves at midyear are approximately $19.1 million, or 17.1RIWKHFXUUHQW\HDU¶V*HQHUDO
Fund budget, exceeding our reserve policy by $9.6 million.
Significant amendments to other City Operating Funds are noted as follows.
Water & Sewer Fund
Mid year budget amendments to the Water and Sewer Fund reflect a revenue increase of $156,633
representing the return of unspent funds from special program project 181-99874, Retirement Incentive
Program.
Attachment number 1
Page 1 of 3
Mid Year Budget Review
Fiscal 2010-11
City Manager's Transmittal
Gas Fund
Mid year expenditure amendments reflect a net decrease of $1,429,926 in the Gas fund. This reduction
reflects various increases and decreases to Gas programs, but is primarily due to the reduction in the cost
of fuel.
Solid Waste Fund
Budget amendments to the Solid Waste Fund reflect a net decrease of $284,750 which is primarily the
result of reductions in dump fees due to the reduced amount of refuse hauled.
Marine Fund
Mid year expenditure amendments in the Marine fund reflect an increase of $220,000 in cost of goods
sold due to the rising cost of fuel.
Clearwater Harbor Marina Fund
Mid year expenditure amendments in the Clearwater Harbor Marina fund reflect a net decrease of
$94,000. Decreases in both personnel costs and operating expenses are needed to bring expenditures in
line with anticipated revenues for the year.
Airpark Fund
Mid year expenditure amendments reflect an allocation of Airpark Fund reserves transferring $40,000 to
project 315-94854, Multi-Plane Hangars, as approved by the Council in May.
Central Insurance Fund
Mid year budget amendments to the Central Insurance Fund reflect a revenue increase of $1,622,925 in
transfers in from capital project 315-92275, Downtown Streetscape Phase II, representing full
reimbursement of advanced funds.
Capital Improvement Fund
Mid Year amendments to the Capital Improvement Fund reflect a net decrease of $429,533. This
decrease is primarily a result of reimbursing $1,622,925 of reserves back to the Central Insurance fund
that were advanced to the Downtown Streetscape Phase II project. In addition, major project increases
include the establishment of the Clearwater Pass Maintenance Dredging project in the amount of
$1,000,000 with funding from General Fund reserves; an increase to the Multi Plane Hangars project for
$200,000 which includes $160,000 in grant funding from the Florida Department of Transportation and
$40,000 in funding from Airpark fund reserves; and an increase to the Water Pollution Control R&R
project for $2,433,819 which is funded with 2009 Water and Sewer Bond proceeds transferred from
various water and sewer projects. A list of capital improvement project budget increases that have been
previously approved by Council is summarized on page 19 of this report.
Project activity not previously approved by the Council, includes an increase to the Aging Well Center to
record donation revenue and bring the budget in line with cash received.
Attachment number 1
Page 2 of 3
Mid Year Budget Review
Fiscal 2010-11
City Manager's Transmittal
Special Program Fund
The Special Program Fund reflects a net budget increase of $581,291 at mid year. Amendments include
the recognition of over $185,000 in grant proceeds supporting the Federal Early Retiree Reinsurance
program, Federal Forfeiture Sharing and School Resource Officers. Other significant amendments reflect
more than $625,000 for the special events and sponsorships programs in the last three months, over
$177,000 in fines and court proceeds to support public safety programs, over $167,000 in revenues for
police outside duty contractual services, and the return of $572,669 to the originating funds from closed
projects.
Attachment number 1
Page 3 of 3
CITY OF CLEARWATER
MID YEAR SUMMARY
2010/11
FY 10/11First
AdoptedQuarterMid YearMid YearMid YearAmended
DescriptionBudgetAmendedProjectedActualVariance%AdjustmentBudget
General Fund:
Revenues111,470,350 113,912,116 64,892,756 64,552,714 (340,042) -1%1,094,626 115,006,742
Expenditures111,470,350 113,912,116 65,962,791 63,403,497 2,559,294 4%1,094,626 115,006,742
Utility Funds:
Water & Sewer Fund
Revenues63,870,330 64,129,612 29,945,606 29,668,560 (277,046) -1%156,633 64,286,245
Expenditures63,870,330 64,129,612 37,779,121 36,946,143 832,978 2%- 64,129,612
Stormwater Fund
Revenues15,348,250 15,351,650 7,646,782 7,804,682 157,900 2%2,489 15,354,139
Expenditures14,496,950 14,500,350 9,646,111 9,262,500 383,611 4%- 14,500,350
Gas Fund
Revenues40,163,760 40,169,560 21,730,668 21,505,872 (224,796) -1%(815,999) 39,353,561
Expenditures34,886,010 34,891,810 19,652,229 18,607,998 1,044,231 5%(1,429,926) 33,461,884
Solid Waste Fund
Revenues19,037,120 19,047,020 9,547,368 10,019,419 472,051 5%334,506 19,381,526
Expenditures17,963,990 17,761,530 9,462,958 8,852,228 610,730 6%(284,750) 17,476,780
Recycling Fund
Revenues2,864,150 2,980,569 1,500,317 1,608,914 108,597 7%52,840 3,033,409
Expenditures2,864,150 2,866,050 1,529,552 1,481,605 47,947 3%15,030 2,881,080
Enterprise Funds:
Marine Fund
Revenues4,439,280 4,440,580 1,893,150 1,853,854 (39,296) -2%250,000 4,690,580
Expenditures4,414,770 4,416,070 1,971,814 1,939,615 32,199 2%220,000 4,636,070
Airpark Fund
Revenues240,250 341,807 120,126 173,689 53,563 45%111,549 453,356
Expenditures188,560 290,117 202,898 192,637 10,261 5%40,000 330,117
Clearwater Harbor Marina Fund
Revenues412,850 413,250 235,104 198,195 (36,909) -16%(49,000) 364,250
Expenditures410,760 411,160 223,860 153,095 70,765 32%(94,000) 317,160
Parking Fund
Revenues4,990,380 5,109,365 2,282,666 1,929,773 (352,893) -15%9,888 5,119,253
Expenditures4,463,390 4,582,375 2,472,403 2,294,733 177,670 7%- 4,582,375
Harborview Center
Revenues59,850 28,850 16,820 39,253 22,433 133%- 28,850
Expenditures59,850 28,850 15,924 12,094 3,830 24%- 28,850
Internal Service Funds:
General Services Fund
Revenues4,811,930 4,815,930 2,405,972 2,391,512 (14,460) -1%38 4,815,968
Expenditures4,811,930 4,815,930 2,631,923 2,563,875 68,048 3%- 4,815,930
Administrative Services
Revenues9,331,920 9,335,620 4,565,968 4,512,443 (53,525) -1%36,511 9,372,131
Expenditures9,130,020 9,133,720 5,135,239 4,537,084 598,155 12%- 9,133,720
Garage Fund
Revenues12,145,510 12,249,110 6,072,756 5,794,119 (278,637) -5%3,281 12,252,391
Expenditures12,138,430 12,242,030 6,406,950 6,207,802 199,148 3%- 12,242,030
Central Insurance Fund
Revenues18,503,470 19,403,470 9,823,084 8,970,381 (852,703) -9%1,622,925 21,026,395
Expenditures17,483,090 17,883,090 9,187,009 8,831,685 355,324 4%- 17,883,090
Attachment number 2
Page 1 of 1
1
MID YEAR REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2010-11 REPORT
PAGE #
General Fund Operating Budget ................................................................................................................... 3
Utility Funds Operating Budget ..................................................................................................................... 8
Other Enterprise Funds Operating Budgets .............................................................................................. 12
Internal Service Funds Operating Budgets ................................................................................................. 16
Capital Improvement Program Budget ....................................................................................................... 19
Special Program Fund Budget .................................................................................................................... 32
Special Development Funds ....................................................................................................................... 37
Administrative Change Orders .................................................................................................................... 40
Ordinances .................................................................................................................................................. 42
Mid Year budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents six months, October 1, 2010 through
March 31, 2011. The adjustments, however, represent all data available at the time of the report, including
action taken by the City Council after March 31, 2011.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 22, 2010.
Mid Year Projections Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Mid Year Actual Self-explanatory.
Variance Difference between Mid Year projected and Mid Year actual.
Variance % % of variance to Mid Year projection.
Adjustments Adjustments that have been approved by the City Council, made at the
0DQDJHU¶VGLVFUHWLRQDQGRUDGMXVWPHQWVSURSRVHGEDVHGRQMid Year
review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
Attachment number 3
Page 1 of 2
2
Capital Improvement Projects
The amended 2010/11 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2010, which includes budgets from prior years,
which have not been completed.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the Mid
Year review.
Revised Budget Adding columns one and two.
Expenditure Self-explanatory.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
Attachment number 3
Page 2 of 2
Increase/
(Decrease)Description
Franchise Fees
Atmidyear,franchisefeerevenuesexhibita8%negative
variance.ThisisprimarilyrelatedtotheProgressEnergyfee
revenuewhich,forthefirstsevenmonthsofthisyear,is
approximately6%lessthanthesameperiodinfiscalyear
2009/10.Noamendmentisproposeduntiladditionalmonthsof
revenue are available for review
Licenses & Permits
Atmidyear,licenseandpermitrevenuesexhibita14%
negativevariance.ThisisprimarilyrelatedtotheBusinessTax
Licenserevenuewhich,forthefirstsevenmonthsofthisyear,is
approximately26%lessthanthesameperiodinfiscalyear
2009/10.Noamendmentisproposeduntiladditionalmonthsof
revenue are available for review.
Intergovernmental
Sales Tax
Atmidyear,salestaxrevenuereflectsa17%negative
varianceprimarilyrelatedtothetimingofrevenuecollection.
Adjustedfortiming,revenuesareapproximately4%greaterthan
anticipatedforthisyearand4%greaterthanthesameperiodof
fiscal year 2009/10. No amendments are proposed.
Communications Tax
Atmidyear,communicationstaxrevenuesreflecta30%
negativevarianceduetoatimingdifferencebetweenactual
receiptsandbudgetedrevenues.Adjustedfortiming,revenues
are13%lessthanexpectedfortheyearand4%lowerthanthe
sameperiodoffiscalyear2009/10.Noamendmentsare
proposeduntiladditionalmonthsofrevenueareavailablefor
review.
Other Intergovernmental11,226
OtherIntergovernmentalrevenuesreflectanetincreaseof
$11,226.15atmidyear.Amendmentsincludereimbursements
of$821.50supportingtheU.S.ImmigrationsandCustoms
Enforcementprogram(ICE),and$10,404.65supportingthe
DrugEnforcementAgencywhichoffsetexpenditureincreasesin
the Police Department.
Charges for Service(8,000)
Atmidyear,chargesforservicerevenuesreflecta12%
negativevarianceprimarilyduetoatimingvarianceinthe
receiptoffacilitiesfeesandspecialactivitiesfees.Amendments
reflectanetdecreaseof$8,000atmidyearwhichinclude:1)a
$45,000increaseinPier60revenuesrepresenting$5,000in
FishingAdmissions,$5,000inGeneralAdmissions,$5,000in
BaitSales,and$30,000inConcessionSouvenirs;and2)a
$53,000decreaseinParksandRecreationrevenues
representing$50,000inGolfCourseRevenueduetothe
terminationoftheClearwaterCountryClubcontractand$3,000
in Special Activities Fees.
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2010/11
3
Attachment number 4
Page 1 of 2
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2010/11
Fines & Forfeitures
Finesandforfeiturerevenuesreflecta29%negativevariance
atmidyear.Aportionofthisvarianceisduetoatiming
differencebetweenthebudgetandrevenuereceiptsforcourt
fines.Noamendmentisproposeduntiladditionalmonthsof
activity are available for review.
Interest Income
Revenuefrominterestearningsforthequarterisapproximately
16%lessthananticipatedatmidyear.Thiswillbecarefully
monitoredforpossibleamendmentatthirdquarter,oncefurther
data is available for review.
Miscellaneous
Atmidyear,miscellaneousrevenuesreflecta65%positive
variance.Noamendmentsareproposeduntiladditionalmonths
of activity are available for review.
359,574
Midyearbudgetamendmentsreflectthefollowing:1)thereturn
of$217,299.85inGeneralFundrevenuesfromclosedspecial
programproject181-99874,RetirementIncentiveprogram;2)
thereturnof$131,661.59inGeneralFundrevenuesfromclosed
specialprogramproject181-99899,GASB34Implementation,
$4,200ofthisreturnwilloffsettheexpenditureincreaseinthe
Financedepartmenttocoverthecostofthefiscal2011OPEB
actuaryreport;3)thereturnof$7,032.30inGeneralFund
revenuesfromclosedcapitalproject315-93132,OldCoachman
RoadPark;and4)thereturnof$3,580inGeneralFund
revenuesfromclosedcapitalproject315-94801,Tidemark
Upgrade.
Midyearamendmentsreflectthefollowingallocationsof
General Fund reserves:
1,000,000
1)Anappropriationof$1,000,000fromretainedearningsto
project315-93414,ClearwaterPassMaintenanceDredging,as
approved by the Council on April 20, 2011.
96,500
2)Anappropriationof$96,500fromretainedearningstofund
theretirementpayoutsofthelongtermCityClerkandAssistant
Library Director.
(364,674)
3)AnetreductiontotheuseofGeneralFundreservesby
$364,673.74willbringtheGeneralFundinbalanceatmidyear.
Thisreductionincludesrevenueincreasesgreaterthan
expenditurestotaling$9,300;thereturnoffundsfromclosed
capitalprojects315-93132,OldCoachmanRoadParkfor
$7,032.30and315-94801,TidemarkUpgradefor$3,580;and
thereturnoffundsfromspecialprogramprojects181-99874,
RetirementIncentiveProgramfor$217,299.85and181-99899,
GASB 34 Implementation for $127,461.59.
731,826
1,094,626
Net General Fund Revenue
Amendment
Net Transfer (to) from
Retained Earnings
Transfer (to) from Surplus
Interfund Charges/
Transfers In
4
Attachment number 4
Page 2 of 2
Increase/
(Decrease)Description
1,200
MidyearamendmentstotheCityCouncilbudgetreflectan
increaseof$1,200tocoverthecostofaboardreporterforthe
Business Task Force meetings.
Atmidyear,the11%positivevarianceintheCityAttorney's
Officeistheresultofsalarysavingsaswellasthetimingin
paymentofoutsidecounsel.Noamendmentsareproposedat
this time.
Atmidyear,the2%negativevarianceintheEconomic
Developmentdepartmentisrelatedtoatimingvarianceofthe
paymentofthemarketing/tourismcontractwithImagineGlobal
Consulting.
4,200
The$4,200budgetincreaseintheFinancedepartmentreflects
fundingnecessaryfortheOPEBactuaryreportforFY11.This
increaseisoffsetbyarevenuesfromthereturnoffundsfrom
project 181-99899, GASB 34 Implementation.
49,500
MidyearamendmentstotheLibrarybudgetreflectanincrease
of$49,500fortheretirementpayoutofthelongtimeAssistant
Director.Thisincreasewillbeoffsetbyanallocationofgeneral
fund reserves.
34,500
The$34,500budgetincreasereflectsthefollowing
amendmentstothePier60budget:anincreaseof$30,000in
InventoryPurchasesforResale;anincreaseof$10,500inLand
Rental;andadecreaseof$6,000inTaxes.Thisincreaseis
offsetbyrevenueincreasesrecognizingbetterthanexpected
collections at Pier 60.
47,000
MidyearamendmentstotheOfficialRecordsandLegislative
Servicesbudgetreflectanincreaseof$47,000fortheretirement
payoutofthelongtimeCityClerk.Thisincreasewillbeoffset
by an allocation of general fund reserves.
(53,000)
AmendmentstotheParksandRecreationdepartmentreflecta
netdecreaseof$53,000neededtooffsetreductionsinrevenue.
Amendmentsincludereductionstovariouscostcentersfora
totaldecreaseof$32,000inoperatingsupplies,$10,000in
salary savings, and $11,000 in utilities costs.Parks & Recreation
Marine & Aviation
Official Records and
Legislative Services
Library
Finance
City of Clearwater
General Fund Expenditures
Mid Year Amendments
FY 2010/11
Economic Development
and Housing
City Council
City Attorney's Office
5
Attachment number 5
Page 1 of 2
Increase/
(Decrease)Description
City of Clearwater
General Fund Expenditures
Mid Year Amendments
FY 2010/11
11,226
MidyearamendmentsinthePoliceDepartmentreflectan
increasetoovertimeby$11,226.15whichisoffsetbyrevenue
amendmentsrecognizingthereimbursementsreceivedfor
overtimefromICE(TheDepartmentoftheTreasury),theDEA
(USDepartmentofJustice,DrugEnforcementAgency),andthe
Pinellas County Sheriff's Office.
Non-Departmental
1,000,000
ThebudgetamendmentreflectsCityCouncilapproved
interfundtransfersof$1,000,000toCapitalImprovement
projects, as follows:
1)Atransferof$100,000ofGeneralFundunappropriated
retainedearningstoproject315-93414,ClearwaterPass
MaintenanceDredging,asapprovedbytheCouncilonApril20,
2011.
1,000,000
1,094,626
Net General Fund
Expenditure Amendment
Police
6
Attachment number 5
Page 2 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
GENERAL FUND
GENERAL FUND REVENUES
Property Taxes37,271,490 32,261,000 32,874,908 613,908 2%- 37,271,490
Franchise Fees10,575,000 4,457,917 4,117,942 (339,975) -8%- 10,575,000
Utility Taxes12,858,380 5,349,202 5,614,243 265,041 5%- 12,858,380
Licenses, Permits & Fees3,615,000 1,559,300 1,346,778 (212,522) -14%- 3,615,000
Intergovernmental
Sales Tax5,150,000 2,145,835 1,782,250 (363,585) -17%- 5,150,000
Communications Services Tax6,610,160 2,754,235 1,915,151 (839,084) -30%- 6,610,160
Other Intergovernmental11,246,885 4,973,622 5,076,256 102,634 2%11,226 11,258,111
Charges for Services3,814,050 1,717,110 1,508,855 (208,255) -12%(8,000) 3,806,050
Fines & Forfeitures688,800 331,775 234,974 (96,801) -29%- 688,800
Interest Income1,240,000 597,000 502,384 (94,616) -16%- 1,240,000
Miscellaneous Revenues809,740 310,088 511,543 201,455 65%- 809,740
Interfund Charges / Transfers In16,926,050 8,435,672 9,067,430 631,758 7%359,574 17,285,624
OPERATING REVENUES110,805,555 64,892,756 64,552,714 (340,042) -1%362,800 111,168,355
Transfer (to) from Surplus3,106,561 - - - ~731,826 3,838,387
TOTAL REVENUES113,912,116 64,892,756 64,552,714 (340,042) -1%1,094,626 115,006,742
GENERAL FUND EXPENDITURES
City Council280,450 159,680 146,910 12,770 8%1,200 281,650
City Manager's Office1,204,940 661,855 633,087 28,768 4%- 1,204,940
City Attorney's Office1,538,740 796,185 712,422 83,763 11%- 1,538,740
City Auditor's Office185,080 107,510 107,235 275 0%- 185,080
Economic Development & Housing1,347,310 794,082 806,944 (12,862) -2%- 1,347,310
Engineering7,287,030 3,876,229 3,811,994 64,235 2%- 7,287,030
Finance2,180,780 1,227,729 1,133,784 93,945 8%4,200 2,184,980
Fire22,407,090 12,882,407 12,407,274 475,133 4%- 22,407,090
Human Resources1,052,110 575,357 550,704 24,653 4%- 1,052,110
Library5,723,990 3,429,299 3,243,536 185,763 5%49,500 5,773,490
Marine & Aviation541,040 290,394 267,442 22,952 8%34,500 575,540
Non-Departmental5,551,336 4,376,958 4,238,903 138,055 3%1,000,000 6,551,336
Office of Management & Budget289,500 168,768 167,584 1,184 1%- 289,500
Official Records & Legislative Svcs963,150 520,034 573,429 (53,395) -10%47,000 1,010,150
Parks & Recreation19,121,435 10,731,533 10,091,443 640,090 6%(53,000) 19,068,435
Planning & Development4,465,260 2,515,073 2,462,953 52,120 2%- 4,465,260
Police36,384,255 20,988,129 20,315,821 672,308 3%11,226 36,395,481
Public Communications950,420 527,369 481,738 45,631 9%- 950,420
Public Services2,438,200 1,334,200 1,250,294 83,906 6%- 2,438,200
Allocation to GF Reserve- - - - ~- -
TOTAL EXPENDITURES113,912,116 65,962,791 63,403,497 2,559,294 4%1,094,626 115,006,742
For Six Month Period of October 1, 2010- March 31, 2011
GENERAL FUND
MID YEAR REVIEW
7
Attachment number 6
Page 1 of 1
Increase/
(Decrease)Description
Water & Sewer Fund
At mid year, anticipated revenues of the Water & Sewer Fund exceed
anticipated expenditures by $156,633 for FY 2010/11.
Revenues:156,633
Midyearrevenueamendmentsreflectthereturnof$156,633.08of
Water&SewerFundreservesfromproject181-99874,Retirement
Incentive Program. This project is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Stormwater Fund
At mid year, anticipated revenues of the Stormwater Fund exceed
anticipated expenditures by $853,789 for FY 2010/11.
Revenues:2,489
Midyearrevenueamendmentsreflectthereturnof$2,488.86of
StormwaterFundreservesfromproject181-99874,Retirement
Incentive Program. This project is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Gas Fund
At mid year, anticipated revenues of the Gas Fund exceed anticipated
expenditures by $5,891,677 for FY 2010/11.
Revenues:(815,999)
MidyearrevenueamendmentsintheGasFundreflectanet
decreaseof$815,999.37.Amendmentsinclude:1)reductionsto
variouscodestotaling$2,063,740duetothelowercostoffuel;2)
increasestotaling$954,000duetoincreasedcollectioninrecovery
clauses;3)anincreaseof$185,000inCapitalizedLabordueto
increasedprojectactivityinthecurrentyear;4)thereturnof$150.63
ofGasFundreservesfromproject181-99874,RetirementIncentive
Program,thisprojectiscompleteandwillbeclosed;and5)anet
increase of $108,590 due to increases and decreases in various codes
to bring the budget in line with actual activity.
Expenditures:(1,429,926)
Midyearexpenditureamendmentsreflectanetdecreaseof
$1,429,926intheGasFund.Amendmentsinclude:1)anetdecrease
of$1,410,881intheAdministration&Supplyprogramprimarilydueto
thereductioninthecostoffuelandanincreaseintransferstoreflect
thedifferencebetweenthecashpaidandthehistoricalcostoftheland
acquiredforthecompressednaturalgasrefuelingstationasapproved
byCouncilonDecember16,2010;2)areductionof$13,330inthe
SalesandMarketingprogramdueprimarilytosavingsinpersonnel
costs;3)adecreaseof$18,795inSouthAreaOperationsprimarily
duetopersonnelsavingsandtransferofpersonneltoNorthArea
Operations;and4)anincreaseof$13,080primarilyduetothetransfer
of personnel from South Area Operations.
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2010/11
8
Attachment number 7
Page 1 of 2
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2010/11
Solid Waste Fund
At mid year, anticipated revenues of the Solid Waste Fund exceed
anticipated expenditures by $ 1,904,746 for FY 2010/11.
Revenues:334,506
MidyearrevenueamendmentsintheSolidWasteFundreflectanet
increaseof$334,505.72.Amendmentsinclude:thereturnof
$10,005.72ofSolidWasteFundreservesfromproject181-99874,
RetirementIncentiveProgram,thisprojectiscompleteandwillbe
closed;increasesof$250,000inSanitationCollectionCharge,$4,500
inLatePaymentFee,$50,000inInterestonInvestment,and$20,000
inOtherGeneralRevenue,duetobetterthanexpectedperformance
through mid-year.
Expenditures:(284,750)
Midyearexpenditureamendmentsreflectanetdecreaseof
$284,750,amendmentsinclude:1)decreasesinDumpFeesinthe
collectionprogramstotaling$293,300duetothereducedamountof
refusehauled;2)anetdecreaseof$59,250invariouspersonnel
codesduetounfilledpositionsandretirementsfilledatlowersalaried
positions;3)anincreaseof$58,800inGarageServicestocover
higherthanexpectedrepaircharges;4)anincreaseof$6,200for
higherthanexpectedutilitiescosts;and5)a$2,800increasein
Training.
Recycling Fund
At mid year, anticipated revenues of the Recycling Fund exceed
anticipated expenditures by $152,329 for FY 2010/11.
Revenues:52,840
MidyearrevenueamendmentsintheRecyclingFundreflectanet
increaseof$52,840.40,amendmentsinclude:1)anincreaseof
$150,000intheSaleofRecyclablesduetoastrongrecyclingresale
market;2)anincreaseof$10,000ofRecyclingFees-Multi-Family
duetoincreasedparticipation;3)thereturnof$4,710.40ofRecycling
Fundreservesfromproject181-99874,RetirementIncentiveProgram,
thisprojectiscompleteandwillbeclosed;and4)adecreaseof
$111,870intheuseofretainedearnings,duetoincreasedrevenues
eliminating the need to draw from reserves.
Expenditures15,030
Midyearexpenditureamendmentsreflectanetincreaseof$15,030.
Amendmentsinclude:1)anincreaseof$60,000inInventory
PurchasesforResaleduetocontinuedstrongmarketpricesfor
recyclables;2)areductionof$4,350inGarageServicesChargesto
realizesavingsincurred;and3)areductionof$40,620invarious
Personnelcodesduetoretirementsandpositionsbeingfilledwith
lower salaried employees.
9
Attachment number 7
Page 2 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Operating Revenue58,683,810 29,341,902 29,073,419 (268,483) -1%- 58,683,810
Non-Operating Revenue2,219,950 603,704 521,343 (82,361) -14%- 2,219,950
Contributions- - 66,758 66,758 ~- -
Transfers In- - 2,250 2,250 ~156,633 156,633
Use of Fund Equity3,225,852 - 4,790 4,790 ~- 3,225,852
Total Revenues64,129,612 29,945,606 29,668,560 (277,046) -1%156,633 64,286,245
Water & Sewer Fund Expenditures
Public Utilities Administration1,052,672 647,818 702,198 (54,380) -8%- 1,052,672
Wastewater Collection5,627,850 3,428,185 3,237,958 190,227 6%- 5,627,850
Public Utilities Maintenance5,134,620 3,626,771 3,478,744 148,027 4%- 5,134,620
WPC / Plant Operations11,935,840 6,370,851 5,746,115 624,736 10%- 11,935,840
WPC / Laboratory Operations1,207,830 640,421 644,095 (3,674) -1%- 1,207,830
WPC / Industrial Pretreatment820,290 444,330 382,606 61,724 14%- 820,290
Water Distribution12,663,140 9,637,085 9,442,369 194,716 2%- 12,663,140
Water Supply9,448,900 4,780,961 5,249,476 (468,515) -10%- 9,448,900
Reclaimed Water2,125,310 1,146,123 1,008,094 138,029 12%- 2,125,310
Non-Departmental14,113,160 7,056,576 7,054,489 2,087 0%- 14,113,160
Total Expenditures64,129,612 37,779,121 36,946,143 832,978 2%- 64,129,612
STORMWATER FUND
Stormwater Utility Revenues
Operating Revenues15,060,460 7,530,234 7,565,763 35,529 0%- 15,060,460
Non-Operating Revenues287,790 116,548 238,919 122,371 105%- 287,790
Transfers In- - - - ~2,489 2,489
Use of Fund Equity3,400 - - - ~- 3,400
Total Revenues15,351,650 7,646,782 7,804,682 157,900 2%2,489 15,354,139
Stormwater Utility Expenditures
Stormwater Management4,983,240 2,549,658 2,372,482 177,176 7%- 4,983,240
Stormwater Maintenance9,517,110 7,096,453 6,890,018 206,435 3%- 9,517,110
Total Expenditures14,500,350 9,646,111 9,262,500 383,611 4%- 14,500,350
GAS FUND
Gas Fund Revenues
Operating Revenues37,431,440 21,224,006 20,804,381 (419,625) -2%(1,012,940) 36,418,500
Non-Operating Revenues766,320 373,660 469,660 96,000 26%7,000 773,320
Transfers In- - 4,790 4,790 ~4,941 4,941
Capitalized Labor266,000 133,002 227,041 94,039 71%185,000 451,000
Use of Fund Equity1,705,800 - - - ~- 1,705,800
Total Revenues40,169,560 21,730,668 21,505,872 (224,796) -1%(815,999) 39,353,561
Gas Fund Expenditures
Administration & Supply24,255,230 12,629,045 11,816,669 812,376 6%(1,410,881) 22,844,349
South Area Gas Operations5,861,720 4,072,451 4,016,213 56,238 1%(18,795) 5,842,925
North Area Gas Operations1,846,140 1,181,962 1,124,334 57,628 5%13,080 1,859,220
Marketing & Sales2,928,720 1,768,771 1,650,781 117,990 7%(13,330) 2,915,390
Total Expenditures34,891,810 19,652,229 18,607,998 1,044,231 5%(1,429,926) 33,461,884
For the Six Month Period of October 1, 2010 to March 31, 2011
UTILITY FUNDS
MID YEAR REVIEW
10
Attachment number 8
Page 1 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
For the Six Month Period of October 1, 2010 to March 31, 2011
UTILITY FUNDS
MID YEAR REVIEW
SOLID WASTE FUND
Solid Waste Revenues
Operating Revenue18,124,000 9,062,004 9,445,415 383,411 4%254,500 18,378,500
Non-Operating Revenue656,800 357,204 441,048 83,844 23%70,000 726,800
Transfers In256,320 128,160 132,956 4,796 4%10,006 266,326
Use of Fund Equity9,900 - - - ~- 9,900
Total Revenues19,047,020 9,547,368 10,019,419 472,051 5%334,506 19,381,526
Solid Waste Expenditures
Collection14,615,830 7,739,461 7,210,829 528,632 7%(273,480) 14,342,350
Transfer1,472,050 821,184 765,478 55,706 7%(32,320) 1,439,730
Container Maintenance778,920 428,082 418,937 9,145 2%16,200 795,120
Administration894,730 474,231 456,984 17,247 4%4,850 899,580
Total Expenditures17,761,530 9,462,958 8,852,228 610,730 6%(284,750) 17,476,780
RECYCLING FUND
Recycling Revenues
Operating Revenue2,731,699 1,434,617 1,540,363 105,746 7%160,000 2,891,699
Non-Operating Revenue137,000 65,700 68,551 2,851 4%- 137,000
Transfers In- - - - ~4,710 4,710
Use of Fund Equity111,870 - - - ~(111,870) -
Total Revenues2,980,569 1,500,317 1,608,914 108,597 7%52,840 3,033,409
Recycling Expenditures
Residential1,096,180 587,946 545,867 42,079 7%(27,900) 1,068,280
Multi-Family476,600 254,244 234,538 19,706 8%(7,850) 468,750
Commercial1,293,270 687,362 701,199 (13,837) -2%50,780 1,344,050
Total Expenditures2,866,050 1,529,552 1,481,605 47,947 3%15,030 2,881,080
11
Attachment number 8
Page 2 of 2
Increase/
(Decrease)Description
Marine Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $54,510 at mid year fiscal year 2010/11.
Revenues:250,000
MidyearrevenueamendmentsintheMarineFundreflectan
increase of $250,000 to Gas and Oil Sales due to increased fuel costs.
Expenditures:220,000
Midyearexpenditureamendmentsreflectanincreaseof$220,000in
Cost of Goods Sold due to the rising cost of fuel.
Clearwater Harbor Marina Fund
Anticipated revenues of the Clearwater Harbor Marina fund exceed
anticipated expenditures by $47,090 at mid year fiscal year 2010/11.
Revenues:(49,000)
MidyearrevenueamendmentsintheClearwaterHarborMarina
Fundreflectanetreductionof$49,000.Amendmentsincludea
$92,000reductioninTransientSlipRentalrevenue;a$41,000
increaseinSlipRentalrevenue;anda$2,000increaseinDockGear
Box Rental revenue to bring the budget in line with actual activity.
Expenditures:(94,000)
Midyearexpenditureamendmentsreflectanetdecreaseof$94,000
tobringexpendituresinlinewithanticipatedrevenuesfortheyear.
Reductionsinclude;$41,000inpersonnelservices,and$53,000in
operating expenses.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $123,239 at mid year fiscal year 2010/11.
Revenues:111,549
Atmidyear,the45%positivevarianceinAirparkfundrevenuesis
theresultofthelandtransferwithClearwaterGasSystemforthe
compressednaturalgasrefuelingstationasapprovedbyCouncilon
December16,2010.AmendmentstoAirparkrevenuesinclude:1)an
increaseof$71,549toGasFundTransfersInrepresentsthe
differencebetweencashreceivedfromGasforthelandtransferand
theoriginalcostoftheland,and2)anappropriationof$40,000of
Airparkfundreservesforcapitalproject315-94854,MultiPlane
HangarstoprovidematchingfundsfortheFDOTprojectagreement
as approved by Council on May 5, 2011.
Expenditures:40,000
MidyearamendmentstoAirparkfundexpendituresreflectatransfer
totaling$40,000tocapitalproject315-94854,MultiPlaneHangarsto
providematchingfundsfortheFDOTprojectagreementasapproved
by Council on May 5, 2011.
FY 2010/11
City of Clearwater
Other Enterprise Funds
Mid Year Amendments
12
Attachment number 9
Page 1 of 2
Increase/
(Decrease)Description
FY 2010/11
City of Clearwater
Other Enterprise Funds
Mid Year Amendments
Parking Fund
At mid year, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $536,878 for fiscal year 2010/11.
Revenues:9,888
MidyearrevenuesintheParkingfundreflecta15%negative
varianceduetothelossoftemporaryparkinglotrevenues.
Amendmentsreflectthereturnof$9,888.26ofParkingFundreserves
fromproject181-99874,RetirementIncentiveProgram.Thisproject
is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Harborview Fund
Anticipated revenues of the Harborview Fund are equal to anticipated
expenditures at mid year fiscal year 2010/11.
Revenues: No amendments are proposed at mid year.
Expenditures: No amendments are proposed at mid year.
13
Attachment number 9
Page 2 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
MARINE FUND
MARINE FUND REVENUES
Operating Revenues4,311,400 1,832,804 1,794,810 (37,994) -2%250,000 4,561,400
Non-Operating Revenues127,880 60,346 59,044 (1,302) -2%- 127,880
Transfers In- - - - ~- -
Use of Fund Equity1,300 - - - ~- 1,300
TOTAL REVENUES4,440,580 1,893,150 1,853,854 (39,296) -2%250,000 4,690,580
MARINE FUND EXPENDITURES
Marina Operations4,416,070 1,971,814 1,939,615 32,199 2%220,000 4,636,070
TOTAL EXPENDITURES4,416,070 1,971,814 1,939,615 32,199 2%220,000 4,636,070
CLEARWATER HARBOR MARINA FUND
CLEARWATER HARBOR MARINA FUND REVENUES
Operating Revenues344,060 176,300 140,236 (36,064) -20%(49,000) 295,060
Non-Operating Revenues68,790 58,804 57,959 (845) -1%- 68,790
Transfers In- - - - ~- -
Use of Fund Equity400 - - - ~- 400
TOTAL REVENUES413,250 235,104 198,195 (36,909) -16%(49,000) 364,250
CLEARWATER HARBOR MARINA FUND EXPENDITURES
Clearwater Harbor Marina Operations411,160 223,860 153,095 70,765 32%(94,000) 317,160
TOTAL EXPENDITURES411,160 223,860 153,095 70,765 32%(94,000) 317,160
AIRPARK FUND
AIRPARK FUND REVENUES
Operating Revenues231,000 115,500 94,292 (21,208) -18%- 231,000
Non-Operating Revenues9,250 4,626 7,848 3,222 70%- 9,250
Transfers In- - 71,549 71,549 ~71,549 71,549
Use of Fund Equity101,557 - - - ~40,000 141,557
TOTAL REVENUES341,807 120,126 173,689 53,563 45%111,549 453,356
AIRPARK FUND EXPENDITURES
Airpark Operations290,117 202,898 192,637 10,261 5%40,000 330,117
TOTAL EXPENDITURES290,117 202,898 192,637 10,261 5%40,000 330,117
For The Six Month Period of October 1, 2010 - March 31, 2011
ENTERPRISE FUNDS
MID YEAR REVIEW
14
Attachment number 10
Page 1 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
For The Six Month Period of October 1, 2010 - March 31, 2011
ENTERPRISE FUNDS
MID YEAR REVIEW
PARKING FUND
PARKING FUND REVENUES
Operating Revenues4,421,380 1,966,868 1,718,347 (248,521) -13%- 4,421,380
Non-Operating Revenues569,000 315,798 211,426 (104,372) -33%- 569,000
Transfers In- - - - ~9,888 9,888
Use of Fund Equity118,985 - - - ~- 118,985
TOTAL REVENUES5,109,365 2,282,666 1,929,773 (352,893) -15%9,888 5,119,253
PARKING FUND EXPENDITURES
Engineering / Parking System 3,349,245 1,908,569 1,860,794 47,775 3%- 3,349,245
Engineering / Parking Enforcement785,500 315,467 219,712 95,755 30%- 785,500
Parks & Rec / Beach Guards447,630 248,367 214,227 34,140 14%- 447,630
TOTAL EXPENDITURES4,582,375 2,472,403 2,294,733 177,670 7%- 4,582,375
HARBORVIEW FUND
HARBORVIEW CENTER FUND REVENUES
Operating Revenues13,820 13,820 20,912 7,092 51%- 13,820
Non-operating Revenues6,000 3,000 18,341 15,341 511%- 6,000
Transfers In- - - - ~- -
Use of Fund Equity9,030 - - - ~- 9,030
TOTAL REVENUES28,850 16,820 39,253 22,433 133%- 28,850
HARBORVIEW CENTER FUND EXPENDITURES
Harborview Center Operations28,850 15,924 12,094 3,830 24%- 28,850
TOTAL EXPENDITURES28,850 15,924 12,094 3,830 24%- 28,850
15
Attachment number 10
Page 2 of 2
Increase/
(Decrease)Description
General Services
At mid year, anticipated revenues of the General Services Fund exceed
anticipated expenditures by $38 for fiscal year 2010/11.
Revenues:38
Midyearrevenueamendmentsreflectthereturnof$38.23ofGeneral
ServicesFundreservesfromproject181-99874,RetirementIncentive
Program. This project is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Administrative Services
At mid year, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $238,411 for fiscal year 2010/11.
Revenues:36,511
Midyearrevenueamendmentsreflectthereturnof$36,511.46of
AdministrativeServiceFundreservesfromproject181-99874,Retirement
Incentive Program. This project is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Garage Fund
At mid year, anticipated revenues of the Garage Fund exceed anticipated
expenditures by $10,361 for fiscal year 2010/11.
Revenues:3,281
Midyearrevenueamendmentsreflectthereturnof$3,280.81ofGarage
Fundreservesfromproject181-99874,RetirementIncentiveProgram.
This project is complete and will be closed.
Expenditures: No amendments are proposed at mid year.
Central Insurance
At mid year, anticipated revenues of the Central Insurance Fund exceed
anticipated expenditures by $3,143,305 for fiscal year 2010/11.
Revenues:1,622,925
Midyearamendmentsreflectthereturnof$1,622,925inCentral
InsuranceFundreserveswhichwereadvancedtoproject315-92275,
DowntownStreetscapePhaseII;thisrepresentsfullreimbursementof
advanced funds.
Expenditures: No amendments are proposed at mid year.
City of Clearwater
Internal Service Funds
Mid Year Amendments
FY 2010/11
16
Attachment number 11
Page 1 of 1
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Billings to Departments4,771,930 2,385,972 2,368,460 (17,512) -1%- 4,771,930
Non-Operating Revenue40,000 20,000 23,052 3,052 15%- 40,000
Transfers In- - - - ~38 38
Fund Reserves4,000 - - - ~- 4,000
TOTAL REVENUES4,815,930 2,405,972 2,391,512 (14,460) -1%38 4,815,968
GENERAL SERVICES FUND EXPENDITURES
Administration471,340 263,172 216,629 46,543 18%- 471,340
Building & Maintenance4,344,590 2,368,751 2,347,246 21,505 1%- 4,344,590
TOTAL EXPENDITURES4,815,930 2,631,923 2,563,875 68,048 3%- 4,815,930
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Operating Revenue8,931,920 4,465,968 4,404,437 (61,531) -1%- 8,931,920
Non-Operating Revenue200,000 100,000 108,006 8,006 8%- 200,000
Transfers In- - - - ~36,511 36,511
Fund Reserves203,700 - - - ~- 203,700
TOTAL REVENUES9,335,620 4,565,968 4,512,443 (53,525) -1%36,511 9,372,131
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin345,970 193,393 181,617 11,776 6%- 345,970
Information Tech / Network Svcs2,287,390 1,311,456 1,144,925 166,531 13%- 2,287,390
Info Tech / Software Applications1,986,330 1,142,738 956,419 186,319 16%- 1,986,330
Info Tech / Telecommunications868,720 441,009 310,332 130,677 30%- 868,720
Public Comm / Courier172,790 86,454 62,266 24,188 28%- 172,790
Public Comm / Graphics- - - - ~- -
Clearwater Customer Service3,472,520 1,960,189 1,881,524 78,665 4%- 3,472,520
TOTAL EXPENDITURES9,133,720 5,135,239 4,537,084 598,155 12%- 9,133,720
GARAGE FUND
GARAGE FUND REVENUES
Billings to Departments11,569,510 5,784,756 5,578,917 (205,839) -4%- 11,569,510
Non-Operating Revenue576,000 288,000 208,227 (79,773) -28%- 576,000
Transfers In- - 6,975 6,975 ~3,281 3,281
Fund Reserves103,600 - - - ~- 103,600
TOTAL REVENUES12,249,110 6,072,756 5,794,119 (278,637) -5%3,281 12,252,391
Garage Fund Expenditures
Fleet Maintenance 11,720,580 6,142,334 6,070,326 72,008 1%- 11,720,580
Radio Communications521,450 264,616 137,476 127,140 48%- 521,450
TOTAL EXPENDITURES12,242,030 6,406,950 6,207,802 199,148 3%- 12,242,030
For The Six Month Period of October 1, 2010 - March 31, 2011
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
17
Attachment number 12
Page 1 of 2
2010/112010/11
1 Qtr AmendedMid-YearMid-YearBudgetProposedMY Amended
BudgetProjectionActualVariance%AmendmentBudget
For The Six Month Period of October 1, 2010 - March 31, 2011
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Billings to Departments17,173,970 8,586,984 7,784,826 (802,158) -9%- 17,173,970
Non-Operating Revenue1,190,000 619,100 579,295 (39,805) -6%- 1,190,000
Transfers In639,500 617,000 606,260 (10,740) -2%1,622,925 2,262,425
Fund Reserves400,000 - - - ~- 400,000
TOTAL REVENUES19,403,470 9,823,084 8,970,381 (852,703) -9%1,622,925 21,026,395
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management402,260 231,063 216,633 14,430 6%- 402,260
Human Resources / Employee Benefits313,610 172,338 125,642 46,696 27%- 313,610
Non-Departmental17,167,220 8,783,608 8,489,410 294,198 3%- 17,167,220
TOTAL EXPENDITURES17,883,090 9,187,009 8,831,685 355,324 4%- 17,883,090
18
Attachment number 12
Page 2 of 2
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Summary
FY 2010/11
19
The amended 2010/11 Capital Improvement Program budget report is submitted for the City Council's Mid Year review.
The net proposed amendment is a budget decrease in the amount of $429,533. This review provides the opportunity to
examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant
budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget activity:
¾ Aging Well Center ± To record a budget increase in the amount of $50,000 of Donation revenue received from
the Clearwater Aquatic swim team. This will bring the project budget in line with the cash received.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
Water Pollution Control R & R 2,433,819 04/07/11
Clearwater Pass Maintenance Dredging 1,000,000 04/20/11
Multi Plane Hangars 200,000 05/05/11
Attachment number 13
Page 1 of 1
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
Downtown Streetscape Phase II
1315-92275(1,622,925)
Torecordabudgetdecreaseintheamountof$1,622,925.00of
InsurancefundrevenueandreturnthesefundstotheCentral
InsuranceFund.Theinsurancefundproceedsthatwereloaned
totheprojectuntilCRAfundsbecameavailablecannowbe
returned to the Central Insurance Fund.(1,622,925)
Old Coachman Road Park - CLOSE PROJECT
2315-93132(7,032)
Torecordabudgetdecreaseintheamountof$7,032.30of
GeneralFundrevenueandreturnthesefundstotheGeneral
Fund.Withtheparkpurchased,thisprojectiscompleteandwill
be closed.(7,032)
Concrete Sidewalk & Pad Repair
3315-9320430,000
Torecordabudgettransferintheamountof$30,000.00of
GeneralFundrevenuefromproject315-93604,Boardwalk&
DocksRepair&Replacement.Thiswillprovidefortheadditional
repairs needed this year.30,000
Clearwater Pass Maintenance Dredging - NEW PROJECT
4315-934141,000,000
Toestablishtheprojectandrecordabudgetincreaseinthe
amountof$1,000,000.00ofGeneralFundreserves.Thisproject
willprovidefundingtotheUnitedStatesArmyCorpsof
EngineersfortherequireddredgingfromtheClearwaterPassto
theMunicipalMarinaHarbor.ThiswasapprovedbyCityCouncil
on April 20, 2011.1,000,000
Dock Replace & Repair
5315-93429(10,000)
Torecordabudgettransferintheamountof$10,000.00of
MarinaFundrevenuetoproject315-93496,MarineFacility
Dredging-Maint.Thefundingwillprovidefortherebuildingthe
bathroom on the east end of the beach marina.(10,000)
Marine Facility Dredging & Maintenance
6315-9349610,000
Torecordabudgettransferintheamountof$10,000.00of
MarinaFundrevenuefromproject315-93429,DockReplace&
Repair.Thefundingwillprovidefortherebuildingthebathroom
on the east end of the beach marina.10,000
Boardwalk & Docks Repair & Replacement
7315-93604(30,000)
Torecordabudgettransferintheamountof$30,000.00of
GeneralFundrevenuetoproject315-93204,ConcreteSidewalk
&PadRepair.Thiswillprovidefortheadditionalrepairsneeded
this year.(30,000)
Miscellaneous Minor Public Art
8325-9360810,000 *
Torecordabudgetincreaseintheamountof$10,000.00in
ContributionFromOtherGovUnits.Thiswillbringtheproject
budgetinlinewiththecashreceivedfromtheDowntown
DevelopmentBoard.ThefundingwasforSculpture360Season
II.10,000
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
20* indicates budget amendment only
Attachment number 14
Page 1 of 6
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
Aging Well Center
9315-9361550,000 *
Torecordabudgetincreaseintheamountof$50,000.00of
DonationrevenuewhichwasreceivedfromtheClearwater
Aquaticswimteam.Thiswillbringtheprojectbudgetinlinewith
the cash received.50,000
Tidemark Upgrade - CLOSE PROJECT
10315-94801(3,580)
Torecordabudgetdecreaseintheamountof$3,580.00of
GeneralFundrevenueandreturnthesefundstotheGeneral
Fund.Withtheupgradecompleted,thisprojectiscompleteand
will be closed.(3,580)
Environment Assessment & Cleanup
11315-94803(62,700)
Torecordabudgettransferintheamountof$62,700.00of
GeneralFundrevenuetoproject315-94846,FBOBuilding
Improvements.TheamendmentprovidesURSCorporation
Southern,anEngineerofrecord,thesecondyearoffundingfor
theRemedialActionPlanattheClearwaterAirpark.Theplan
includesongoingsystemmaintenance,monitoring,sampling
andreporting.ThiswasapprovedbyCityCouncilonApril7,
2011.(62,700)
FBO Building Improvements
12315-9484662,700
Torecordabudgettransferintheamountof$62,700.00of
GeneralFundrevenuefromproject315-94803,Environment
Assessment&Cleanup.TheamendmentprovidesURS
CorporationSouthern,anEngineerofrecord,thesecondyearof
fundingfortheRemedialActionPlanattheClearwaterAirpark.
Theplanincludesongoingsystemmaintenance,monitoring,
samplingandreporting.ThiswasapprovedbyCityCouncilon
April 7, 2011.62,700
Multi Plane Hangars
13315-94854100,000*
315-9485425,000
315-9485460,000*
315-9485415,000200,000
To record a budget increase in the amount of $125,000.00 with
Florida Department of Transportation Grant funding in the
amount of $100,000.00 and Airpark reserves in the amount of
$25,000.00. This supplemental funding is for the refurbishment
of existing Hangars C and D at the Clearwater Airpark. This was
approved by City Council on May 5, 2011.
To record a budget increase in the amount of $75,000.00 with
Florida Department of Transportation Grant funding in the
amount of $60,000.00 and Airpark reserves in the amount of
$15,000.00. This additional funding is for the design and
construction of a 9,600 sq. ft. multi-plane (corporate) hangars,
stormwater management, security and a new apron for air traffic
to gain access to the taxiway. This was approved by City Council
on May 5, 2011.
21* indicates budget amendment only
Attachment number 14
Page 2 of 6
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
Library Technology
14316-9486137,975 *
Torecordabudgetincreaseintheamountof$37,974.75of
leasepurchasefunding,whichprovidesforthepurchaseoftwo
additionalcustomerselfcheckoutmachinesfortheEastand
Countrysidelibraries.ThepurchaseorderwithIntegrated
TechnologyGroupwillincludehardware,software,maintenance
andsupport.ThiswasapprovedbyCityCouncilonMarch3,
2011.37,975
Town Lake
15315-96125294,569
Torecordabudgettransferintheamountof$294,569.00of
StormwaterUtilityrevenuefromproject315-96170,Coastal
BasinsProjects.ThefundingwillprovidetheCity'sEngineerof
Record,ReissEngineering,Inc.toevaluatetheexisting
conditionsoftheTownLakestormwatersystemandprovidethe
citywithoptionsinbringingthesystemintocompliance.Thiswas
approved by City Council on March 17, 2011.294,569
Coastal Basins Projects
16315-96170(294,569)
Torecordabudgettransferintheamountof$294,569.00of
StormwaterUtilityrevenuetoproject315-96125,TownLake.
ThefundingwillprovidetheCity'sEngineerofRecord,Reiss
Engineering,Inc.toevaluatetheexistingconditionsoftheTown
Lakestormwatersystemandprovidethecitywithoptionsin
bringingthesystemintocompliance.ThiswasapprovedbyCity
Council on March 17, 2011.(294,569)
Waste Water Treatment Plant - Screw Pump Replacement
17376-962021,657,609
Torecordabudgettransferintheamountof$1,657,609.13in
2009WaterSewerBondproceedsfromproject376-96621,
WWTPNewBeltPresses.Thiswillallowfortheoldestbond
proceeds to be utilized first.1,657,609
Pinellas New Mains - Service Line
18315-963777,454 *
Torecordabudgetincreaseintheamountof$7,454.38in
PropertyOwnersSharerevenue.Thiswillbringtheproject
budget in line with the cash received.7,454
Vehicle Acquisition
19316-96438(113,341) *
Torecordabudgetdecreaseintheamountof$113,340.50of
LeasePurchaseproceeds.ThisamendmentwillclosetheLease
Purchase portion of this project.(113,341)
Waste Water Treatment Plant - New Belt Presses
20376-96621(1,657,609)
Torecordabudgettransferintheamountof$1,657,609.13in
2009WaterSewerBondproceedstoproject376-96202,WWTP
ScrewPumpReplacement.Thiswillallowfortheoldestbond
proceeds to be utilized first.(1,657,609)
22* indicates budget amendment only
Attachment number 14
Page 3 of 6
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
WWTP Aeration Improvements
21376-96622(128,265)
Torecordabudgettransferintheamountof$128,265.30of
2009WaterandSewerBondproceedstoproject376-96664,
WPCR&R.Thefundingwillprovideaportionofthefundsto
rehabilitatetherapidsandfiltersattheMarshallStreetWater
ReclamationFacilityThiswasapprovedbyCityCouncilonApril
7, 2011.(128,265)
Sanitary Utility Relocation
22327-96634(200,000)
Torecordabudgettransferintheamountof$200,000.00in
UtilityR&Rrevenuetoproject327-96686,PumpStation
Replacement.
376-96634200,000
Torecordabudgettransferintheamountof$200,000.00in
2009WaterSewerBondproceedsfromproject376-96686,
PumpStationReplacement.Thiswillallowfortheoldestbond
proceeds to be utilized first.0
Water Pollution Control R & R
23376-966642,433,819
Torecordabudgettransferinthetotalamountof$2,433,819.24
of2009WaterandSewerBondproceedsfromthefollowing
threeprojects;project376-96665,SanitarySewerR&Rinthe
amountof$1,287,266.23;project376-96742,LineRelocation-
Capitalizedintheamountof$1,018,287.71;project376-96622,
WWTPAerationImprovementsintheamountof$128,265.30.
Thefundingwillprovidefortherehabilitationofthetwelverapid
sandfiltersattheMarshallStreetWaterReclamationFacility
This was approved by City Council on April 7, 2011.2,433,819
Sanitary Sewer R & R
24376-96665(1,287,266)
Torecordabudgettransferintheamountof$1,287,266.23of
2009WaterandSewerBondproceedstoproject376-96664,
WPCR&R.Thefundingwillprovideaportionofthefundsto
rehabilitatetherapidsandfiltersattheMarshallStreetWater
ReclamationFacilityThiswasapprovedbyCityCouncilonApril
7, 2011.
376-96665300,000
Torecordabudgettransferintheamountof$300,000.00in
2009WaterandSewerBondproceedsfromproject376-96686,
PumpStationReplacement.Thiswillallowfortheoldestbond
proceeds to be utilized first.
327-96665(300,000)
Torecordabudgettransferintheamountof$300,000.00in
UtilityR&Rrevenuetoproject327-96686,PumpStation
Replacement.(1,287,266)
23* indicates budget amendment only
Attachment number 14
Page 4 of 6
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
Pump Station Replacement
25327-96686200,000
Torecordabudgettransferintheamountof$200,000.00in
UtilityR&Rrevenuefromproject327-96634,SanitaryUtility
Relocation.
376-96686(200,000)
Torecordabudgettransferintheamountof$200,000.00in
2009WaterSewerBondproceedstoproject376-96634,
SanitaryUtilityRelocation.Thiswillallowfortheoldestbond
proceeds to be utilized first.
327-96686300,000
Torecordabudgettransferintheamountof$300,000.00in
UtilityR&Rrevenuefromproject327-96665,SanitarySewerR
& R.
376-96686(300,000)
Torecordabudgettransferintheamountof$300,000.00in
2009WaterSewerBondproceedstoproject376-96665,
SanitarySewerR&R.Thiswillallowfortheoldestbond
proceeds to be utilized first.0
Reclaimed Water Distribution System
26315-96739(591,745)
Torecordabudgettransferintheamountof$591,744.78in
Sewer revenue to project 315-96766, Water Quality Devices.
376-96739591,745
Torecordabudgettransferintheamountof$591,744.78in
2009WaterSewerBondproceedsfromproject376-96766,
WaterQualityDevices.Thiswillallowfortheoldestbond
proceeds to be utilized first.0
Line Relocation - Capitalized
27376-96742(1,018,288)
Torecordabudgettransferintheamountof$1,018,287.71of
2009WaterandSewerBondproceedstoproject376-96664,
WPCR&R.Thefundingwillprovideaportionofthefundsto
rehabilitatetherapidsandfiltersattheMarshallStreetWater
ReclamationFacilityThiswasapprovedbyCityCouncilonApril
7, 2011.(1,018,288)
Water Quality Monitoring Devises
28315-96766591,745
Torecordabudgettransferintheamountof$591,744.78in
Sewerrevenuefromproject315-96739,ReclaimedDistribution
System.
376-96766(591,745)
Torecordabudgettransferintheamountof$591,744.78in
2009waterSewerBondproceedstoproject376-96739,
ReclaimedDistributionSystem.Thiswillallowfortheoldestbond
proceeds to be utilized first.0
24* indicates budget amendment only
Attachment number 14
Page 5 of 6
Increase/
AmdmtProject(Decrease)TransferNet Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 2010/11
Water Supply Pick-up Truck
29316-9677111,916 *
Torecordabudgetincreaseintheamountof$11,916.00of
leasepurchasefunding.Thefundingwillprovideforthelease
purchaseofaChevroletSilverado2500HDpickuptruck,which
wasupgradedfroma1/2tontruck.Totalpurchaseorderinthe
amountof$31,916.00wasawardedtoAlanJayFordLincoln
Mercury,Inc.ThiswasapprovedbyCityCouncilonApril7,
2011.11,916
TOTALS(429,533) - (429,533)
25* indicates budget amendment only
Attachment number 14
Page 6 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
PUBLIC SAFETY
Police Protection
91149Police Homicide Vehicle150,000150,000150,000145,9974,003
Sub-Total150,000150,000- 150,000- 145,997 4,003
Fire Protection
91218Fire Engine Replacement920,0001,363,6201,363,620449,598913,620402
91221EMS Capital Equipment 1,103,0661,103,0661,103,0661,031,48071,586
91229Replace & Upgrade Airpacks952,000952,000952,000747,6708,654195,676
91236Rescue Vehicle619,869619,869619,869462,967156,9020
91242Fire Training Facility4,583,8204,583,8204,583,8204,559,16724,293360
91252Station 48 Renovation/Expansion651,500651,500651,500590,4694,23356,798
91253Main Station (Fire)3,000,0003,000,0003,000,000166,6942,833,306
91255Exhaust Systems155,480155,480155,480121,4368,674 25,370
91256Security Access Systems90,38090,38090,38037,64752,733
91257AED Program90,55090,55090,55058,50932,041
91258Ladder Truck Equipment150,000150,000150,000121,61228,388
91259Radio Replacements300,610300,610300,610199,389101,221
91260Thermal Imaging Cameras20,78020,78020,78015,2005,580
91261Personal Protection Equipment758,090758,090758,090466,210291,880
91264Fire Hose Replacement85,00085,00085,00065,305 19,695
91265EMS Support Vehicles10,00010,00010,00010,000
Sub-Total13,491,14513,934,765- 13,934,7659,078,1531,131,5763,725,035
TRANSPORTATION
New Street Construction
92146Druid Road Improvements4,042,7744,042,7744,042,7741,545,97394,2892,402,512
Sub-Total4,042,7744,042,774- 4,042,7741,545,97394,2892,402,512
Major Street Maintenance
92259Traffic Calming14,087,94114,087,94114,087,9418,767,0491,215,1214,105,771
92270Gulf to Bay / Highland Improvemen1,500,0001,500,0001,500,00066,75613,2561,419,988
92273Streets and Sidewalks13,240,54012,863,36712,863,3676,570,190786,4445,506,734
92274Bridge Maintenance & Improvemen2,219,0102,219,0102,219,010379,4731,839,537
92275Downtown Streetscape- Phase II2,626,7645,064,020(1,622,925) 3,441,095393,2822,743,725 304,088 1
Sub-Total33,674,25535,734,338(1,622,925)34,111,41316,176,7504,758,54613,176,117
Sidewalks and Bike Trail
92339New Sidewalks550,849550,849550,849468,50082,349
92342Beach Connector Trail1,875,8071,875,8071,875,8071,143,94448,891 682,972
92343East Avenue Trail437,541799,214799,214152,346646,8670
Sub-Total2,864,1973,225,870- 3,225,8701,764,790695,758765,321
Intersections
92551City-Wide Intersection Improvemen1,070,8481,070,8481,070,848500,94746,183523,718
92552Signal Renovation 1,250,6981,250,6981,250,6981,213,98813,60023,110
92553New Signal Installation 961,789961,789961,789803,950157,839
92558Intersection Improvements-II3,006,9103,006,9103,006,9101,455,95921,1001,529,850
Sub-Total6,290,2456,290,245- 6,290,2453,974,84480,8832,234,518
Parking
92630Parking Lot Resurfacing1,461,6031,461,6031,461,603617,969843,633
92632Parking Garage Structure Repair1,618,4321,618,4321,618,432736,325882,107
92636Parking Lot Improvement2,117,3252,117,3252,117,3251,665,756451,569
92649Surf Style Condo-Parking Unit9,400,0009,400,0009,400,000100,0009,300,000
Sub-Total14,597,36014,597,360- 14,597,3603,120,050- 11,477,309
26
Attachment number 15
Page 1 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
Miscellaneous Engineering
92822Miscellaneous Engineering576,975576,975576,975369,75224,277 182,945
92839Downtown Intermodal8,000,00000000C
Sub-Total8,576,975576,975- 576,975369,75224,277182,945
Land Acquisition
93132Old Coachman Road Park0330,000(7,032) 322,968322,96800C2
Sub-Total- 330,000(7,032) 322,968322,968- 0
Park Development
93203Carpenter Field-Infras Rep/Improve295,000299,380299,380292,4386,942
93204Concrete Sidewalk & Pad Repair612,913612,91330,000 642,913611,20931,7043
93205Com Sprts Cmp Infr Rep/Improve534,322534,322534,322461,24635072,726
93213Park Amenity Purch & Rplcmnt919,942919,942919,942842,77816,44560,718
93229Tennis Court Resurfacing696,082696,082696,082637,56712,10046,415
93230Playgrd & Fitness Equip Purch-Rep1,659,9101,659,9101,659,9101,521,92311,119126,868
93247Fitness Equipment Replacement150,000150,000150,000129,4674,14016,393
93251Morningside Rec Ctr Replacement3,135,0003,135,0003,135,000227,81429,160 2,878,026
93262Fencing Replacement Program1,302,5551,302,5551,302,5551,172,50862,59567,451
93263Public Art Maintenance1,4981,4981,49801,498
93264Enterprise Road Dog Park468,949468,470468,470468,4700C
93269Light Replacement1,846,9271,810,5951,810,5951,769,88740,033674
93271Swimming Pool R&R344,401344,401344,401274,1909,24060,971
93272Bicycle Paths-Bridges2,650,0002,650,0002,650,0001,114,62528,3851,506,990
93273Restrooms on Clearwater Beach588,000588,000588,000257,98030,031 299,989
93277Harborview Infra Rep/Impr635,451635,451635,451384,613250,838
93278Long Center Infra Repairs479,104479,104479,104421,39457,709
93286Parking Lot/Bike Path Rsr/Imprv501,943501,943501,943450,51351,430
93602Sp Events Equip Rep & Rplcmnt115,000115,000115,00070,9151,97142,113
93604Brdwlks & Docks Rep & Rplcmnt265,000265,000(30,000) 235,00064,591170,4097
93606Carpenter Complex Clubhouse Re3,200,0003,200,0003,200,0003,119,23650,25130,513
93607P&R Cust Mgmt & Fac Sch Sys60,00060,00060,00054,7945,2060
93608Misc Minor Public Art222,230222,23010,000 232,23020,8123,000208,4188
93612McMullen Tennis Complex400,000400,000400,0006,691393,309
93613Clw. Country Club Repair & Renov100,000100,000100,00090,3279,673
93614Royalty Theater Acquisition6,200,0002,650,0002,650,0002,605,186 44,814
93615Aging Well Center2,229,7202,229,72050,000 2,279,7202,071,11533,386175,2199
93616Joe DiMaggio Sports Comp Renov3,600,0003,600,0003,600,00003,600,000
93617Morningside Aquatic Ctr & Pk Reno350,911350,158350,158350,1580C
93618Miscellaneous Park & Rec Contract40,00040,00040,000040,000
93619Ross Norton Ballfield Improvemen35,00031,85331,85331,8530C
93620Sports Field Lighting01,384,3321,384,3321,348,00036,332
93621No. Greenwood Rec Ctr Reno01,093,8401,093,84088,38522,641982,814
93622Joe DiMaggio Rest/Store/Concess0650,000650,00019120,506629,303
93623Capitol Theater03,550,0003,550,00003,550,000
Sub-Total33,639,85836,731,69860,000 36,791,69819,612,8791,728,56015,450,259
27
Attachment number 15
Page 2 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
Marine Facilities
93403Beach Guard Facility Maint60,00060,00060,00032,66627,330 4
93405Downtown Boat Slips12,611,44112,611,44112,611,44111,938,84912,803659,789
93408Bch Rec Ctr Boat Ramp Rplcmnt1,265,6991,265,6991,265,699385,64868,882811,169
93410Downtown Boat Slips Maintenance15,00015,00015,00077214,228
93411Clearwater Beach Life Guard Reno455,700571,985571,985467,13193,97810,876
93412City-wide Seawall Replacement0525,000525,000525,000
93413Utilities/Services Replace423,966423,966423,966402,21221,754
93414Clearwater Pass Maintenance Dre001,000,000 1,000,000001,000,0004
93429Dock Replacement & Repair374,040374,040(10,000) 364,040345,15718,8835
93490Fuel System R&R89,79289,79289,79267,55022,243
93495Dock Construction24,85824,85824,85816,4088,451
93496Marine Fac Dredge/Maint576,781576,78110,000 586,781570,662 16,119 6
93497Docks & Seawalls786,085786,085786,085552,272233,813
93499Pier 60/Sailing Center Maint181,952181,952181,952165,15216,800
Sub-Total16,865,31417,506,5991,000,000 18,506,59914,944,479202,9933,359,127
Airpark
94817Airpark Maint & Repair100,000100,000100,00082,67617,324
94846FBO Bldg Improvements425,000425,00062,700 487,700420,9002966,77012
94854Multi Plane Hangars0506,788200,000 706,788717706,07113
94858Airpark Security Improvements166,799166,799166,799134,277 32,522
94863Airpark Runway Repairs125,000125,000125,000125,0000
Sub-Total816,7991,323,587262,700 1,586,287763,57029822,687
Libraries
93527Books & Other Lib Mat - II5,334,2915,334,2915,334,2914,661,088570672,634
Sub-Total5,334,2915,334,291- 5,334,2914,661,088570672,634
Garage
94233Motorized Equip-Cash II782,931782,931782,931699,97382,959
94234Motorized Equip - LP II24,835,90824,835,90824,835,90820,016,8021,552,5413,266,565
94238Police Vehicles600,000600,000600,000480,303104,57115,126
94239Public Utilities Boom Truck57,95357,95357,95357,9530
Sub-Total26,276,79226,276,792- 26,276,79221,255,0311,657,1123,364,649
Building Maintenance
94510Air Cond Replace-City Wide2,331,9362,331,9362,331,9361,939,62644392,267
94512Roof Repairs 607,635607,635607,635480,622127,012
94514Roof Replacements 1,570,8561,570,8561,570,856993,03945,515532,301
94517Painting of Facilities891,880891,880891,880440,88016,000435,000
94518Fencing of Facilities164,811164,811164,811122,41542,396
94519Flooring for Facilities879,492879,492879,492691,303188,189
94521Elevator Refurbish/Modernization220,000220,000220,0004,425159,954 55,621
94524Long Center Major Infrst Imprvmts3,356,0003,356,0003,356,0003,354,9551,045
94527Honeywell Performance Contract770,338770,338770,338767,0053,333
Sub-Total10,792,94810,792,948- 10,792,9488,794,270221,5131,777,165
General Public City Buildings & Equipment
94620New City Hall108,750108,750108,750164108,586
94624Harborview Demolition950,000950,000950,00051,57112,455 885,974
Sub-Total1,058,7501,058,750- 1,058,75051,73612,455994,559
28
Attachment number 15
Page 3 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
Miscellaneous
94729City-wide Connect Infra1,806,4781,806,4781,806,4781,385,556114420,808
94736Geographic Information Sys1,052,7261,052,7261,052,726933,708119,018
94761Poll Stor Tank Rem/Repl-Gen Fd453,658453,658453,658244,249 209,408
94801Tidemark Upgrade802,623802,623(3,580) 799,043799,0430C10
94803Environmental Assmt & Clean-up853,664853,664(62,700) 790,964394,15999,786297,01911
94814Network Infra & Server Upgrade1,885,0571,885,0571,885,0571,348,651536,406
94820HR Peoplesoft Upgrade450,000450,000450,00075,420374,580
94824IT Disaster Recovery300,000300,000300,000179,290120,710
94827Telecommunications Upgrade354,000354,000354,000160,957153,24139,802
94828Financial Systems Upgrades601,628601,628601,628160,99739,966 400,664
94829CIS Upgrades / Replacement647,376647,376647,376172,646474,730
94830MS Licensing / Upgrades525,000525,000525,000412,252112,748
94833Computer Monitors320,000320,000320,000302,64717,354
94839Roadway & Traffic Asset Mgt440,000440,000440,000172,37787,320 180,304
94842MSB Pkg Lot Resurf/Imprvmts400,000400,000400,00012,390387,610
94850Backfile Conversion of Records500,000500,000500,000117,434381,1891,378
94857Accela Permitting & Code Enforce75,00075,00075,00011,9952,80060,204
94861Library Technology164,053164,05337,975 202,028164,05337,975014
Sub-Total11,631,26311,631,263(28,305) 11,602,9577,047,824802,3913,752,742
UTILITIES
Stormwater Utility
96124Storm Pipe System Improvements8,772,1018,675,2698,675,2696,895,2461,501,156278,867
96125Town Lake7,610,8477,610,847294,569 7,905,4167,606,871294,5693,97615
96129Stev Ck Estuary Restor6,037,0556,037,0556,037,0555,344,822692,233
96137FDEP Compliance1,008,0001,008,0001,008,000767,03224,567 216,400
96152Lake Bellevue Stormwater Imp2,351,1632,447,9952,447,9952,007,436440,558
96158Transfer Yard Upgrade309,325309,325309,325130,57799,38479,364
96164Allen's Creek Improvement Project499,250499,250499,250229,552269,698
96166Spring Branch Enhancement Proj1,202,0771,202,0771,202,077151,24881,476969,352
96168Stormwater System Expansion1,346,2811,346,2811,346,28101,346,281
96169Stevenson Creek2,424,7452,424,7452,424,74537,86593,6992,293,181
96170Coastal Basin Projects6,419,0376,227,351(294,569) 5,932,7821,371,162224,690 4,336,931 16
96171Alligator Creek Chan F Drain Impr1,826,1871,826,1871,826,1871,294,4732,491529,224
96172Vaccon Cleaner300,000300,000300,000289,68710,313
96173Alligator Creek Watershed Projects1,266,4901,266,4901,266,490266,238133,800866,452
96174Tropic Hills Phase I2,315,0412,315,0412,315,0411,651,195267,578396,268
96175T.V. Truck & Camera300,000300,000300,000194,396 105,604
Sub-Total43,987,59943,795,913- 43,795,91328,043,4042,917,80612,834,703
29
Attachment number 15
Page 4 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
Water System
96721System R & R-Maintenance1,765,0251,765,0251,765,0251,520,787115,655128,583
96739Reclaimed Water Dist Sys59,617,32261,493,442- 61,493,44251,693,2035,180,5704,619,67026
96740Water Supply/Treatment5,572,0325,572,0325,572,0324,512,2117,3021,052,519
96741System R & R-Capitalized9,076,7969,076,7969,076,7968,062,7751,014,020
96742Line Relocation-Capitalized12,288,52611,978,955(1,018,288) 10,960,6678,920,265132,8051,907,59727
96743Mtr Bkflow Prev Dev/Change5,049,1825,049,1825,049,1822,254,063 2,795,119
96744System Expansion2,999,6732,999,6732,999,6731,537,1111,462,562
96752Water Service Lines5,026,7925,026,7925,026,7923,588,02917,0641,421,699
96757Water Pick Up Trucks147,571147,571147,57179,02155,13813,412
96760Elevated Water Tanks Upgrade3,208,6003,208,6003,208,6002,191,0653711,017,164
96761Telemetry for Wells675,952675,952675,952170,80319,147486,001
96763Wellfield Expansion3,307,3103,307,3103,307,3102,906,659394,8945,757
96764RO Plant Exp Res #117,482,48517,482,48517,482,4853,935,4951,268,83312,278,157
96766Water Quality Monitoring Devices600,000600,000- 600,0008,255591,74528
96767RO Plant at Res #29,037,34510,760,07010,760,0701,916,4014,582,3084,261,361
96768Rebate Well, Lk, Pnd Irr Abandmt225,000225,000225,00051,968173,032
96771Water Supply Pick-up Truck20,00020,00011,916 31,9160 31,916 29
96772Double Line Stop Equipment40,00040,00040,00039,623377
96773Groundwater Replenishment Facili768,140768,140768,140768,140
96774Automated Meter Reading3,000,0003,000,0003,000,0003,000,000
Sub-Total139,907,751143,197,024(1,006,372) 142,190,65293,387,73411,774,08737,028,832
Sewer System
96202WWTP Screw Pump Replacement1,906,8602,015,9351,657,609 3,673,544170,7561,753,918 1,748,870 17
96203SCBA Equipment42,54042,54042,54042,540
96611Bio-Solids Treatment10,003,78410,004,99210,004,9927,663,58017,8002,323,612
96615Odor Control1,197,5461,209,4741,209,474722,39539,860447,220
96619WWTP Generator Replacements5,219,7315,219,7315,219,7312,525,337214,3212,480,072
96621WWTP New Presses2,908,9932,912,875(1,657,609) 1,255,266223,570 1,031,696 20
96622WWTP Aeration Improve3,897,0003,742,700(128,265) 3,614,4353,614,435021
96624Liquid Disinfection1,483,3101,483,3101,483,3101,294,345178,75910,206
96630Sanitary Sewer Extension 6,092,8946,092,8946,092,8941,276,418684,0664,132,411
96634Sanitary Util Reloc Accmmdtn4,485,6934,440,657- 4,440,6573,294,15769,6871,076,81322
96645Laboratory Upgrade & R&R1,466,2591,466,2591,466,259806,565659,694
96654Facilities Upgrade & Improvement3,193,3473,193,3473,193,3471,996,51562,9661,133,866
96664WPC R & R13,243,51013,134,4352,433,819 15,568,25511,402,063130,8224,035,36923
96665Sanitary Sewer R&R 28,982,67428,982,674(1,287,266) 27,695,40816,419,6621,774,5849,501,16124
96666WWTP East Bypass & NE Pump2,010,4002,164,7002,164,700113,0081,753,547298,145
96670Poll Stor Tank Remov-WPC207,756207,756207,756199,1058,650
96686Pump Station Replacement16,119,02716,119,027- 16,119,02712,589,579650,590 2,878,859 25
Sub-Total102,461,324102,433,3061,018,288 103,451,59464,311,4907,330,92031,809,184
30
Attachment number 15
Page 5 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/1/10Prev QtrAmdmtsBudgetTo DateEncumbranBalanceStatusRef
Gas System
96358Environmental Remediation1,989,2942,004,7942,004,7941,027,752443,840 533,202
96365Line Relocation-Pinellas Maint1,706,9271,706,9271,706,927422,4311,284,496
96367Gas Meter Change Out-Pinellas1,340,0001,340,0001,340,000259,9161,080,084
96374Line Relocation-Pinellas Capital3,036,9833,036,9833,036,9831,992,825176,354867,804
96376Line Relocation - Pasco Maint680,000680,000680,00027,618652,382
96377Pinellas New Main / Service Lines15,904,93915,946,8847,454 15,954,33913,098,1722,856,16718
96378Pasco New Mains / Service Lines11,219,46811,219,46811,219,4688,093,2413,126,226
96379Pasco Gas Meter Change Out870,000870,000870,000101,789768,211
96381Line Reloc-Pasco-Capital755,000755,000755,0002,535752,465
96382Gas Inventory - Work Mgmt Sys992,000992,000992,000812,16014,930164,910
96384Gas Building Renovation899,675899,675899,675480,880418,795
96385Gas Main Extensions1,357,8451,357,8451,357,845738,516 619,329
96386Expanded Energy Conservation2,275,709825,709825,709244,117520581,072
96387Natural Gas Vehicle200,0002,100,0002,100,000544,1011,555,899
Sub-Total43,227,84043,735,2857,454 43,742,73927,846,053635,64415,261,041
Solid Waste
96426Facility R & R 1,761,7451,761,7451,761,7451,336,51095425,140
96438Vehicle Acquisition906,461906,461(113,341) 793,121777,25815,86319
96443Res Container Acquisition-II971,741971,741971,741597,66893,436280,637
96444Comm Container Acquisition-II1,950,0201,950,0201,950,0201,165,527130,577653,916
Sub-Total5,589,9675,589,967(113,341) 5,476,6273,876,963224,1081,375,556
Utility Miscellaneous
96516Citywide Aerial Photo159,533159,533159,533150,2839,250
96523Pub Utilities Adm Bldg R&R342,184342,184342,184205,7884,491131,906
Sub-Total501,717501,717- 501,717356,0704,491 141,156
Recycling
96804Recycling Carts/Dumpsters671,925671,925671,925420,899251,026
96805Recyc Expan/Prom/R&R1,241,5251,241,5251,241,525710,018531,507
Sub-Total1,913,4501,913,450- 1,913,4501,130,917- 782,533
TOTAL ALL PROJECTS527,692,611530,704,914(429,533)530,275,382332,436,78934,444,005163,394,587
31
Attachment number 15
Page 6 of 6
Special Program Fund
Mid Year
Budget Amendments
January 1, 2011 - March 31, 2011
Increase/
AmdmtProject (Decrease)IntrafundNet Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
Public Safety Programs
199261(1,398)(19,072)
AmeriCorpsClearwater2010-Torecordabudget
decreaseof$20,470.01representingabudget
decreaseof$1,397.79inStategrantrevenue,andthe
transferof$19,072.22inFines,Forfeitures&Penalty
revenuetoproject181-99331,SpecialLaw
EnforcementTrustFund.Thiswillreturntherevenue
totheprojectitwasoriginallytransferredfromand
close the project.(20,470)
2992648,484
SchoolResourceOfficers-Torecordabudget
increaseof$8,483.66inrevenuefromthePinellas
CountySchoolBoardrepresentingreimbursements
received for overtime worked at school functions.8,484
3993176,667
PoliceEducationFund-Torecordabudget
increaseof$6,667.01inPoliceEducationFine
revenue.Thiswillbringthebudgetinlinewithactual
revenue received.6,667
49932929,370
InvestigativeCostRecovery-Torecordabudget
increaseof$29,369.75inFines,Forfeitures,and
Penaltiesrevenue.Thiswillbringthebudgetinline
with actual revenue received.29,370
599330139,957
FloridaContrabandForfeitureFund-Torecorda
budgetincreaseof$139,957.34inFines,Forfeitures,
andPenaltiesrevenue.Thiswillbringthebudgetin
line with actual revenue received.139,957
69933119,072
SpecialLawEnforcementTrustFund-Torecord
abudgettransferinFines,Forfeitures&Penalties
revenuefromproject181-99261,AmeriCorps2010,in
order to close that project. 19,072
7993507,134
VehicleReplacement-Torecordabudgettransfer
of$7,134.00inPoliceServicesRevenuefromproject
181-99908,ExtraDutyProgram.Thisrepresents
revenuecollectedforthepreviousquarter(January
throughMarch2011)forvehicleusageonextraduty
jobs.7,134
89938763,296
FederalForfeitureSharing-Torecordabudget
increaseof$63,296.44representingrevenuefromthe
USDepartmentofJustice.Thisreflectsactual
revenuereceivedandwillbringthebudgetinlinewith
actual revenue in the project.63,296
Public Safety Program
Totals:246,3767,134253,510
32
Attachment number 16
Page 1 of 3
Special Program Fund
Mid Year
Budget Amendments
January 1, 2011 - March 31, 2011
Increase/
AmdmtProject (Decrease)IntrafundNet Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
Miscellaneous Programs:
999851625,457
SpecialEvents-Torecorda$625,457.21budget
increaserepresenting;$405,551.85inSales,
$11,200.00inSponsorships,$1,700.00in
Memberships/Registrations,$31,367.00inDonations,
$5,078.95inRentals,$170,559.41in
Reimbursements;tomatchbudgetedrevenuewith
actual revenue received.625,457
1099868115,507
FederalEarlyRetireeReinsuranceProgram-To
recordabudgetincreaseof$115,506.75torecognize
revenuesreceivedundertheFederalEarlyRetiree
Reinsurance Program.115,507
1199871249
StateBrownfieldRedevelopment-Torecorda
$248.52budgetincreaseininterestearningstomatch
budgeted revenues with actual revenues received.249
1299874(441,007)
RetirementIncentiveProgram-Torecorda
$441,007.30budgetdecreasereturningfundsto
appropriatefundsasfollowsandclosingtheproject.
Fundstobereturnedinclude$217,299.85tothe
GeneralFund,$2,488.86totheStormwaterFund,
$156,633.08totheWater&SewerFund,$150.63to
theGasFund,$10,005.72totheSolidWasteFund,
$4,710.40totheRecyclingFund,$9,888.26tothe
ParkingFund,$36,511.46totheAdministrative
ServicesFund,$38.23totheGeneralServicesFund,
and $3,280.81 to the Garage Fund.
(441,007)
139988910
TeenClub-Torecorda$10.20budgetincreasein
donationstomatchbudgetedrevenueswithactual
revenues received.10
1499899(131,662)
GASB34Implementation-Toclosetheprojectand
returntheremainingbalancetotheGeneralFund.
$4,200ofthisbalancewillbeallocatedtotheFinance
Departmentoperatingbudgettocoverthecostofthe
fiscal2011OPEBactuaryreportandthebalanceof
$127,461.59willbereturnedtoGeneralFund
reserves.(131,662)
1599908167,527(7,134)
PoliceExtraDutyProgram-Torecordanetbudget
increaseof$160,393.00inPoliceServicesrevenue.
Amendmentsinclude:1)anincreaseof$167,527in
PoliceServicesrevenuetoreflectactualrevenue
collectedforextradutyjobs;and2)atransferof
$7,134.00inPoliceServicesrevenuetoproject181-
99350,VehicleReplacementrepresentingrevenue
collected when police vehicles were requested.
160,39333
Attachment number 16
Page 2 of 3
Special Program Fund
Mid Year
Budget Amendments
January 1, 2011 - March 31, 2011
Increase/
AmdmtProject (Decrease)IntrafundNet Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
16999103,421
LibrarySpecialAccount-Torecordabudget
increaseof$3,421.06indonationsrevenuetomatch
budgeted revenues with actual revenues received.
3,421
1799928200
NaganoSisterCityProgram-Torecordabudget
increaseof$200.00indonationsrevenuetomatch
budgeted revenues with actual revenues received.
200
1899962(5,892)
P&RGiftGivingProgram-Torecordanetbudget
decreaseof$5,891.55includingabudgetdecreaseof
$6,041.55indonations,adecreaseof$50insales,
andanincreaseof$200insponsorshipstomatch
budgeted revenues with actual revenues received.
(5,892)
19999701,104
TreeReplacementProgram-Torecord$1,104
budgetincreaseinfines,forfeitures&penaltiesto
matchbudgetedrevenueswithactualrevenues
received.1,104
Miscellaneous Programs
Total:334,914(7,134)327,780
Grand
Total:581,2910581,291
34
Attachment number 16
Page 3 of 3
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/01/2010Prev QtrAmdmtBudgetTo DateEncumbrBalanceStatusRef
PLANNING PROGRAMS
99128Countrywide Consistency Grant45,050 45,050 - 45,050 33,910 - 11,140
99144Boos Development Mitigation250,000 250,000 - 250,000 62,730 186,870 400
99856Stimulus - LEED Training Certification18,000 18,000 - 18,000 14,419 - 3,581
99857Stimulus - Electronic Plan Submittal & Rev244,000 244,000 - 244,000 112,000 - 132,000
99858Stimulus - Clearwater Energy Strategies350,000 350,000 - 350,000 174,125 - 175,875
Sub-Total907,050 907,050 - 907,050 397,184 186,870 322,996
PUBLIC SAFETY PROGRAMS
99254Homeless Shelter100,000 100,000 - 100,000 100,000 - - C
99255AmeriCorp Clearwater 2011- 242,882 - 242,882 47,284 - 195,598
99256Human Trafficking Task Force Contd- 146,150 - 146,150 1,197 - 144,953
99257In-car Dig. Cam & M/C Helmets87,366 87,366 - 87,366 87,349 - 17
99258Pedestrian Safety Enhancement50,000 50,000 - 50,000 31,155 - 18,845
99259Hispanic Outreach Center100,000 61,210 - 61,210 61,210 - 0 C
99261Americorps Clearwater 2010209,123 209,123 (20,470) 188,653 188,653 - - C1
99262Investigative Cost Recovery Officers564,980 535,066 - 535,066 535,066 - 0 C
99264School Resource Officers556,699 561,288 8,484 569,772 455,694 - 114,078 2
99268Human Trafficking Immersion Training99,730 70,568 - 70,568 70,568 - - C
99275Bulletproof Vest Partnership '0635,801 11,834 - 11,834 11,834 - 0 C
99277Clearwater Human Trafficking500,000 500,000 - 500,000 445,314 - 54,686
99279Police Recruitments50,155 50,155 - 50,155 41,877 - 8,278
99281Fed Forfeitures - Treasury143,330 146,456 - 146,456 93,629 22,089 30,738
99290Traffic Safety Fund1,841 1,841 - 1,841 1,831 - 10
99310K-9 Equipment31,283 31,283 - 31,283 31,271 - 12
99316Police Volunteers115,421 115,421 - 115,421 103,716 - 11,705
99317Police Education Fund1,092,396 1,107,029 6,667 1,113,696 997,366 - 116,330 3
99325Citizen's Police Academy39,113 39,113 - 39,113 30,356 - 8,757
99329Investigative Recovery Costs1,387,860 1,480,650 29,370 1,510,019 1,353,126 10,136 146,757 4
99330FL Contraband Forfeiture Fnd795,741 853,984 139,957 993,941 583,551 - 410,390 5
99331Law Enforcement Trust Fd 2,807,691 2,842,632 19,072 2,861,705 2,496,828 80,640 284,237 6
99350Vehicle Replacement Fund150,491 160,761 7,134 167,895 - - 167,895 7
99353DUI Education Program3,000 3,500 - 3,500 1,420 - 2,080
99356Safe Neighborhood Program357,885 432,885 - 432,885 307,880 - 125,005
99364Crime Prevention Program23,095 23,095 - 23,095 21,797 92 1,206
99387Federal Forfeiture Sharing1,036,022 1,339,471 63,296 1,402,768 912,645 33,506 456,617 8
Sub-Total10,339,022 11,203,763 253,510 11,457,274 9,012,617 146,463 2,298,194
COMMUNITY DEVELOPMENT
99421Housing Consulting Service115,000 115,000 - 115,000 49,334 - 65,666
99620Public Facilities 2009201,475 201,475 - 201,475 201,475 - -
99627CDBG-R East Gateway Façade Imprmt80,000 80,000 - 80,000 75,053 - 4,947
99628CDBG-R East Gateway Sidewalk Imprmt146,395 146,395 - 146,395 133,706 12,690 -
99629CDBG-R Program Administration25,154 25,154 - 25,154 17,176 - 7,978
99630Public Facilities 2010576,867 576,867 - 576,867 195,710 - 381,157
99631Economic Development 201011,596 11,596 - 11,596 11,596 - 0
99632Housing Rehab 2010325,921 325,921 - 325,921 106,175 - 219,746
99633Program Administration 2010186,562 186,562 - 186,562 182,571 - 3,991
99634Fair Housing 201029,984 29,984 - 29,984 29,984 - (0)
99635Relocation/Demolition 201083,929 83,929 - 83,929 34,753 - 49,176
99636Infill Housing 2010389,674 389,674 - 389,674 34,986 - 354,688
99637Public Services 2010149,632 149,632 - 149,632 133,691 15,941 -
99638Public Facilities 2011346,306 346,306 - 346,306 - 151,306 195,000
99639Economic Development 201110,000 10,000 - 10,000 - - 10,000
99640Housing Rehab 2011251,542 251,542 - 251,542 60,920 - 190,622
99641Program Administration 2011200,987 200,987 - 200,987 91,197 - 109,790
99644Infill Housing 201125,000 25,000 - 25,000 24,687 - 313
99645Public Services 2011171,102 171,102 - 171,102 36,574 122,028 12,500
Sub-Total3,327,126 3,327,126 - 3,327,126 1,419,588 301,965 1,605,574
SOCIAL SERVICES
99538Affordable Housing Imp Fees408,437 414,586 - 414,586 141,019 22,000 251,567
99562HUD Special Education30,000 30,000 - 30,000 26,400 - 3,600
Sub-Total438,437 444,586 - 444,586 167,419 22,000 255,167
35
Attachment number 17
Page 1 of 2
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2010 to March 31, 2011
Actual Expenditures
BudgetAmendedRevisedProjectOpenAvailableAmend
Description10/01/2010Prev QtrAmdmtBudgetTo DateEncumbrBalanceStatusRef
MARINE
99704Sembler Mitigation Project652,398 666,498 - 666,498 134,480 - 532,018
99707Beach Guard Donations82,763 82,763 - 82,763 82,317 - 446
Sub-Total735,161 749,261 - 749,261 216,797 - 532,464
MISCELLANEOUS PROGRAMS
99802Brownfield Revolving Loan1,200,000 1,200,000 - 1,200,000 225,663 - 974,337
99804City Manager's Flexibility Fund1,041,404 1,041,404 - 1,041,404 751,372 26,375 263,657
99835JWB Programmer N. Greenwood339,780 339,780 - 339,780 306,835 - 32,945
99844United Way 6,080 6,080 - 6,080 4,689 - 1,391
99846Economic Development - QTI76,960 78,585 - 78,585 52,116 - 26,469
99851Special Events 5,083,243 5,466,051 625,457 6,091,508 5,482,251 47,509 561,748 9
99854Brownfield EPA Assessment400,000 399,858 - 399,858 399,858 - - C
99855EPA Brownfield Recovery Assessment400,000 400,000 - 400,000 217,912 24,372 157,716
99862Employee Health Clinic1,750,000 1,750,000 - 1,750,000 1,013,256 - 736,744
99863Pension Changes200,000 200,000 - 200,000 56,838 - 143,162
99868Federal Early Retiree Reinsurance 115,507 115,507 115,507 10
99869Health Prevention Program- 35,185 - 35,185 3,461 - 31,724
99871State Brownfields Redevelopment Acct161,905 162,672 249 162,921 109,041 - 53,880 11
99872Coordinated Child Care - Ross Norton100,369 186,657 - 186,657 84,999 - 101,658
99873Coordinated Child Care -No. Greenwood100,369 221,741 - 221,741 98,966 - 122,775
99874Reitrement Incentive Program4,700,000 4,700,000 (441,007) 4,258,993 4,258,993 - - C12
99875Public Art Donations27,500 27,500 - 27,500 27,500 - - C
99889Teen Club4,258 4,258 10 4,269 3,895 - 374 13
99898Fire Dept Honor Guard16,979 16,979 - 16,979 16,218 - 761
99899GASB 34 Implementation238,000 238,000 (131,662) 106,338 106,338 - - C14
99908Police - Outside Duty5,236,793 5,598,741 160,393 5,759,134 5,819,967 - (60,833) 15
99910Library Special Account647,922 662,987 3,421 666,408 554,256 - 112,152 16
99925Peg Access Support838,261 838,261 - 838,261 741,836 8,275 88,150
99927Emergency Operations5,125,807 5,125,907 - 5,125,907 2,921,486 - 2,204,421
99928Nagano Sister City Program87,437 87,537 200 87,737 68,381 - 19,356 17
99950IDB Fees54,131 54,131 - 54,131 32,830 - 21,301
99962Parks & Rec Gift Giving Pgm1,368,110 1,368,110 (5,892) 1,362,219 1,353,289 - 8,930 18
99970Tree Replacement Project1,049,287 1,110,194 1,104 1,111,298 629,069 - 482,229 19
99982EMS Incentive/Recognition69,700 69,700 - 69,700 41,088 - 28,612
99983Local Mitigation Strategy50,000 50,000 - 50,000 49,951 - 49
99997Main Library Field Trust115,571 115,571 - 115,571 30,000 - 85,571
99998Safety Village28,766 28,766 - 28,766 21,716 - 7,050
Sub-Total30,518,632 31,584,657 327,780 31,912,437 25,484,070 106,531 6,321,836
TOTAL ALL PROJECTS46,265,428 48,216,443 581,291 48,797,734 36,697,674 763,829 11,336,231
36
Attachment number 17
Page 2 of 2
City of Clearwater
SPECIAL DEVELOPMENT FUND
Mid Year
FY 2010/11
Increase/
(Decrease)Description
Revenues
Infrastructure Sales Tax(525,000)
Midyearamendmentsreflectanestimatedreduction
of$525,000ininfrastructuresalestaxrevenuesforthe
fiscalyear.Revenuestodateareapproximately7%
less than receipts for the same period last fiscal year.
Transportation Impact Fees395,000
Midyearamendmentstotransportationimpactfees
reflect an increase of approximately $395,000 as follows:
anincreaseofapproximately$175,000isprimarilydue
toreceiptsrelatedtotheTrilogyMedicalCenteron
McMullenBoothroad.Thebalanceof$220,000is
anticipatedfromtheCity'sshareofreceiptsfromthe
Flag Scientology building in the downtown district.
(130,000)$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund0 No amendments are proposed at mid year.
-$ Net Expenditure Amendments
37
Attachment number 18
Page 1 of 1
SPECIAL REVENUE FUNDS
Mid Year: October 1, 2010 - March 31, 2011
OriginalFirst QuarterMid Year
BudgetAmended BudgetAmended Budget
2010/112010/112010/11Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes1,864,560 1,864,560 1,864,560
Infrastructure Tax8,025,340 8,025,340 7,500,340 (525,000)
Interest Earnings25,000 25,000 25,000
Open Space Fees20,000 20,000 20,000
Recreation Facility Impact Fees25,000 25,000 25,000
Recreation Land Impact Fees25,000 25,000 25,000
Transportation Impact100,000 100,000 495,000 395,000
Local Option Gas Tax1,400,000 1,400,000 1,400,000
Allocation of Designated Reserves4,242,530 4,483,594 4,483,594
Allocation of Undesignated Reserves- - -
Transfer-In from Capital Improvement Plan- - -
15,727,430 15,968,494 15,838,494 (130,000)
Expenditures:
Transfer to Capital Improvement Fund
Road Millage2,092,430 2,092,430 2,092,430
Infrastructure Tax11,850,000 6,118,840 6,118,840
Recreation Facility Land Fees- 168,599 168,599
Open Space Impact Fees- 72,465 72,465
Transportation Impact fees290,000 290,000 290,000
Local Option Gas Tax1,389,100 1,389,190 1,389,190
Developer Contributions - Public Art- - -
Undesignated Special Development- - -
Debt Service on Penny for Pinellas Bonds- - -
15,621,530 10,131,524 10,131,524 -
38
Attachment number 19
Page 1 of 2
SPECIAL REVENUE FUNDS
Mid Year: October 1, 2010 - March 31, 2011
OriginalFirst QuarterMid Year
BudgetAmended BudgetAmended Budget
2010/112010/112010/11Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG/Home Funds1,569,990 1,569,990 1,569,990
Interest Earnings250,000 274,143 274,392 249
Grant Funds- 474,899 660,788 185,889
Other Governmental Revenue- 6,172 6,172
Police Fines and Court Proceeds- 675,108 1,019,733 344,625
Donations- 15,743 44,700 28,957
Sales- 245,271 650,773 405,502
Rentals- 16,955 22,034 5,079
Sponsorships- 63,187 74,587 11,400
Memberships/Registrations- 2,572 4,272 1,700
Contractual Services- 426,964 597,523 170,559
Transfers from General Fund- - (348,961) (348,961)
Sister City Program3,000 3,000 3,000
City Manager's Flexibility Fund75,000 75,000 75,000
Special Events70,000 70,000 70,000
Homeless Shelter Program100,000 100,000 100,000
Transfers from Water & Sewer Fund- - (156,633) (156,633)
Transfers from Gas Fund- - (151) (151)
Transfers from Solid Waste Fund- - (10,006) (10,006)
Transfers from Recycling- - (4,710) (4,710)
Transfers from Stormwater Fund- - (2,489) (2,489)
Transfers from Parking- - (9,888) (9,888)
Transfers from General Service Fund- - (38) (38)
Transfers from Garage Fund- - (3,281) (3,281)
Transfers from Administrative Services Fund- - (36,511) (36,511)
2,067,990 4,019,004 4,600,295 581,291
Expenditures:
CDBG/Home Funds1,569,990 1,569,990 1,569,990
Planning- - -
Public Safety- 864,740 1,111,117 246,376
Community Development- - -
Social Services- 6,150 6,150
Marine- 14,100 14,100
Sister City Program3,000 3,000 3,000
City Manager's Flexibility Fund75,000 75,000 75,000
Special Event Funding70,000 70,000 70,000
Homeless Shelter Program100,000 100,000 100,000
Other Miscellaneous Programs- 1,066,024 1,400,938 334,914
1,817,990 3,769,004 4,350,295 581,291
39
Attachment number 19
Page 2 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2010 / 11
40
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
*****
03/24/11 Administrative Change Order #2 ± 2010 Street Resurfacing Contract (10-0022-
EN). This change order is for the purpose of approving a time extension of fifty-
nine (59) days to complete work added to the contract, no change in contract
amount.
R.E. Purcell Construction Co., Inc. 0.00
04/06/11 Administrative Change Order #3 ± Morningside Traffic Calming (07-0038-EN).
This change order is needed for engineering adjustments to increase and add items
due to unanticipated field conditions.
R.A.M. Excavating, Inc. 87,565.98
04/07/11 Administrative Change Order #1 and final ± Emergency Rehabilitation of Lift
Station 14 (10-0052-UT). This change order is needed to decrease contingency
and add items due to unanticipated field conditions for a net decrease to the
contract amount.
TLC Diversified, Inc. (1,819.05)
04/11/11 Administrative Change Order #5 and final ± East Avenue Trail Connector from
Turner Street to Drew Street (09-0023-EN). This change order is needed to
decrease items that are under-runs and close out the project.
APAC Southeast, Inc. (29,786.00)
04/15/11 Administrative Change Order #1 and final ± 2401 Drew Street Storm Drainage
Improvements Project (08-0059-EN). This change order is needed to adjust
quantities not used and decrease the full contingency amount to close out the
contract.
R. Cobb Construction Co., Inc. (11,915.94)
Attachment number 20
Page 1 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2010 / 11
41
05/09/11 Administrative Change Order #1 and final ± DeLeon Street Improvements (09-
0055-EN). This change order is needed to adjust quantities not used, to increase
and add items and to close out the project.
6WHYH¶V([FDYDWLQJ 3DYLQJ, Inc. (4,722.98)
05/12/11 Administrative Change Order #3 ± 2010 Street Resurfacing Contract (10-0022-
EN). This change order is needed to adjust to quantities actually used in the field
resulting in a net increase to the contract amount.
R.E. Purcell Construction Co., Inc. 6,479.15
05/17/11 Administrative Change Order #2 ±Morningside Reclaimed Water (05-0022-UT).
This change order is needed to increase, decrease and add items due to additional
work added to the contract. These changes result in a net decrease to the contract
and a time extension is added for forty-eight (48) days.
Volt Information Sciences, Inc. (163,870.83)
05/17/11 Administrative Change Order #2 and final ± Water Treatment Plants 1 & 3
Wellfield Expansion Phase 2- Raw Water Mains (07-0037-UT). This change
order is needed to adjust to quantities actually used, add items due to unforeseen
field conditions, and to close out the project.
Suncoast Development of Pinellas County, Inc. (123,592.12)
Attachment number 20
Page 2 of 2
Ordinance No. 8265-11 42
ORDINANCE NO. 8265-11
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2011 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, STORMWATER FUND, SOLID WASTE
FUND, RECYCLING FUND, GAS FUND, MARINE FUND,
AIRPARK FUND, CLEARWATER HARBOR MARINA FUND,
PARKING FUND, ADMINISTRATIVE SERVICES FUND,
GENERAL SERVICES FUND, GARAGE FUND, AND
CENTRAL INSURANCE FUND, AS PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2011, for operating
purposes, including debt service, was adopted by Ordinance No. 8216-10; and
WHEREAS, at the Mid Year Review it was found that an increase of $3,261,578 is
necessary for revenues and an increase of $142,271 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8216-10 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2010 and ending September 30, 2011 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
Frank Hibbard, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
Attachment number 21
Page 1 of 1
EXHIBIT A
2010-11 BUDGET REVENUE
First
QuarterMid Year
OriginalAmendedAmended
BudgetBudgetBudget
2010/112010/112010/11Amendments
General Fund:
Property Taxes37,271,490 37,271,490 37,271,490
Franchise Fees10,575,000 10,575,000 10,575,000
Utility Taxes12,858,380 12,858,380 12,858,380
Licenses, Permits & Fees3,615,000 3,615,000 3,615,000
Sales Tax5,150,000 5,150,000 5,150,000
Communications Services Tax6,610,160 6,610,160 6,610,160
Intergovernmental Revenues11,242,160 11,246,885 11,258,111 11,226
Charges for Current Services3,814,050 3,814,050 3,806,050 (8,000)
Fines & Forfeitures688,800 688,800 688,800
Interest Income1,240,000 1,240,000 1,240,000
Miscellaneous809,000 809,740 809,740
Interfund Charges / Transfers In16,926,050 16,926,050 17,285,624 359,574
Transfer from Surplus670,260 3,106,561 3,838,387 731,826
Total, General Fund111,470,350 113,912,116 115,006,742 1,094,626
Special Revenue Funds:
Special Development Fund15,727,430 15,968,494 15,838,494 (130,000)
Special Program Fund2,067,990 4,019,004 4,600,295 581,291
Local Housing Asst Trust Fund- - -
Utility & Other Enterprise Funds:
Water & Sewer Fund63,870,330 64,129,612 64,286,245 156,633
Stormwater Utility Fund15,348,250 15,351,650 15,354,139 2,489
Solid Waste Fund19,037,120 19,047,020 19,381,526 334,506
Gas Fund40,163,760 40,169,560 39,353,561 (815,999)
Recycling Fund2,864,150 2,980,569 3,033,409 52,840
Airpark Fund240,250 341,807 453,356 111,549
Marine Fund 4,439,280 4,440,580 4,690,580 250,000
Clearwater Harbor Marina412,850 413,250 364,250 (49,000)
Parking Fund4,990,380 5,109,365 5,119,253 9,888
Harborview Center Fund59,850 28,850 28,850
Internal Service Funds:
Administrative Services Fund9,331,920 9,335,620 9,372,131 36,511
General Services Fund 4,811,930 4,815,930 4,815,968 38
Garage Fund12,145,510 12,249,110 12,252,391 3,281
Central Insurance Fund18,503,470 19,403,470 21,026,395 1,622,925
Total, All Funds325,484,820 331,716,007 334,977,586 3,261,578
43
Ordinance #8265-11
Attachment number 22
Page 1 of 2
EXHIBIT A (Continued)
2010-11 BUDGET EXPENDITURES
First
QuarterMid Year
OriginalAmendedAmended
BudgetBudgetBudget
2010/112010/112010/11Amendments
General Fund:
City Council280,450 280,450 281,650 1,200
City Manager's Office1,204,940 1,204,940 1,204,940
City Attorney's Office1,538,740 1,538,740 1,538,740
City Auditor's Office185,080 185,080 185,080
Economic Development & Housing Svc1,347,210 1,347,310 1,347,310
Engineering7,283,430 7,287,030 7,287,030
Finance2,180,180 2,180,780 2,184,980 4,200
Fire22,406,590 22,407,090 22,407,090
Human Resources1,052,110 1,052,110 1,052,110
Library5,718,790 5,723,990 5,773,490 49,500
Marine & Aviation540,540 541,040 575,540 34,500
Non-Departmental3,254,400 3,254,400 6,551,336 3,296,936
Office of Management & Budget289,500 289,500 289,500
Official Records & Legislative Svcs962,750 963,150 1,010,150 47,000
Parks & Recreation19,006,070 19,121,435 19,068,435 (53,000)
Planning & Development4,461,860 4,465,260 4,465,260
Police36,371,290 36,384,255 36,395,481 11,226
Public Communications950,320 950,420 950,420
Public Services2,436,100 2,438,200 2,438,200
Allocation to Reserves- 2,296,936 - (2,296,936)
Total, General Fund111,470,350 113,912,116 115,006,742 1,094,626
Special Revenue Funds:
Special Development Fund15,621,530 10,131,524 10,131,524
Special Program Fund1,817,990 3,769,004 4,350,295 581,291
Local Housing Asst Trust Fund- - -
Utility & Other Enterprise Funds:
Water & Sewer Fund63,870,330 64,129,612 64,129,612
Stormwater Utility Fund14,496,950 14,500,350 14,500,350
Solid Waste Fund17,963,990 17,761,530 17,476,780 (284,750)
Gas Fund34,886,010 34,891,810 33,461,884 (1,429,926)
Recycling Fund2,864,150 2,866,050 2,881,080 15,030
Airpark Fund188,560 290,117 330,117 40,000
Marine Fund 4,414,770 4,416,070 4,636,070 220,000
Clearwater Harbor Marina410,760 411,160 317,160 (94,000)
Parking Fund4,463,390 4,582,375 4,582,375
Harborview Center Fund59,850 28,850 28,850
Internal Service Funds:
Administrative Services Fund9,130,020 9,133,720 9,133,720
General Services Fund4,811,930 4,815,930 4,815,930
Garage Fund12,138,430 12,242,030 12,242,030
Central Insurance Fund17,483,090 17,883,090 17,883,090
Total, All Funds316,092,100 315,765,338 315,907,609 142,271
44
Ordinance #8265-11
Attachment number 22
Page 2 of 2
45
Ordinance No. 8267-11
ORDINANCE NO. 8267-11
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2011, TO REFLECT A NET DECREASE OF $429,533,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2011 was adopted by Ordinance No. 8217-10; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8217-10 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2010 and ending September 30, 2011, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Year Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank Hibbard
Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 23
Page 1 of 1
First QtrMid Year
OriginalAmendedAmended
BudgetBudgetBudget
2010/112010/112010/11Amendments
Fire Protection1,020,7901,464,4101,464,410
Major Street Maintenance3,316,6205,376,7043,753,779(1,622,925)
Intersections435,000435,000435,000
Sidewalks & Bike Trails0361,673361,673
Parking300,000300,000300,000
Miscellaneous Engineering8,035,00035,00035,000
Land Acquisition0330,000322,968(7,032)
Park Development4,605,5007,697,3407,757,34060,000
Marine Facilities220,000861,2851,861,2851,000,000
Airpark Facilities10,000516,788779,488262,700
Libraries635,310635,310635,310
Garage2,951,6002,951,6002,951,600
Maintenance of Buildings204,500204,500204,500
Miscellaneous840,000840,000811,695(28,305)
Stormwater Utility4,629,4504,437,7644,437,764
Gas System2,700,0003,207,4453,214,8997,454
Solid Waste415,000415,000301,659(113,341)
Utilities Miscellaneous24,00024,00024,000
Sewer System6,207,0006,178,9817,197,2691,018,288
Water System16,199,84019,489,11318,482,741(1,006,372)
TOTAL52,749,61055,761,91355,332,380(429,533)
GENERAL SOURCES:
General Operating Revenue1,630,0403,066,9764,056,364989,388
General Revenue/County Co-op635,310635,310635,310
Road Millage2,092,4302,092,4302,092,430
Penny for Pinellas11,850,0006,118,8406,118,840
Transportation Impact Fee290,000290,000290,000
Local Option Gas Tax1,389,1901,389,1901,389,190
Recreation Land Impact Fee0168,599168,599
Open Space Impact Fee072,46572,465
Special Program Fund25,00025,00025,000
Grants - Other Agencies200,000200,000200,000
Other Governmental03,706,8983,716,89810,000
Property Owner's Share041,94549,3997,454
Community Redevelopment Agency02,299,9272,299,927
Insurance Proceeds049,39949,399
Donations0050,00050,000
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11
46Ordinance # 8267-11
Attachment number 24
Page 1 of 2
First QtrMid Year
OriginalAmendedAmended
BudgetBudgetBudget
2010/112010/112010/11Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11
SELF SUPPORTING FUNDS:
Marine Revenue80,00080,00080,000
Clearwater Harbor Marina Revenue15,00015,00015,000
Airpark Revenue10,000111,357151,35740,000
Parking Revenue310,000426,285426,285
Utility System:
Water Impact Fees250,000250,000250,000
Sewer Impact Fees500,000500,000500,000
Utility R&R2,677,6002,677,6002,677,600
Water Revenue6,020,0706,020,0706,020,070
Sewer Revenue2,666,6002,666,6002,666,600
Stormwater Utility Revenue4,331,4504,331,4504,331,450
Gas Revenue2,700,0002,700,0002,700,000
Solid Waste Revenue415,000415,000415,000
Grants - Other Agencies0855,4311,015,431160,000
INTERNAL SERVICE FUNDS:
Garage Revenue40,00040,00040,000
Administrative Services Revenue350,000350,000350,000
Central Insurance Fund0(500,000)(2,122,925)(1,622,925)
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund645,7501,039,9711,077,94637,975
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water94,77094,770106,68611,916
Lease Purchase - Stormwater300,000300,000300,000
Lease Purchase - Solid Waste00(113,341)(113,341)
Bond Issue - Water & Sewer10,219,80010,219,80010,219,800
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage2,611,6002,611,6002,611,600
Lease Purchase - Administrative Services400,000400,000400,000
TOTAL ALL FUNDING SOURCES:52,749,61055,761,91355,332,380(429,533)
47Ordinance # 8267-11
Attachment number 24
Page 2 of 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Reappoint Rick G. Stucker to a four-year term as a trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes.
SUMMARY:
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by the State of Florida
from insurance companies doing business within the community. These monies are required to be administered by
a Board of Trustees whose composition must consist of two legal residents of the city appointed by the City
Council; two city firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four
members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund.
The state law allows trustees to succeed themselves as board members. This legal resident, City Council appointed
seat will become open July 1, 2011.
Mr. Stucker is willing to serve another term. He is a city resident and a local business owner with an insurance
background. Once approved, Mr. Stucker is to serve a new, four-year term as a trustee to the seat for the period of
July 1, 2011 through June 30, 2015.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve a contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater, FL for an amount not to exceed $200,000 for the
purchase of Low Sulfur Diesel Fuel for off-road equipment and emergency generators as per the City of Clearwater RFP 17-09 during
the contract period July 1, 2011 through June 30, 2013 and authorize the appropriate officials to execute same.
SUMMARY:
The fuel purchased under this contract will be used in all off road equipment and vehicles and stationary and mobile emergency
standby generators. The price includes delivery to the various sites.
This contract is for five years and staff is exercising the option for the 3rd and 4th year. This extension will leave one year on the
contract.
Type:Purchase
Current Year Budget?:YesBudget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$95,000Annual Operating Cost:
Not to Exceed:$200,000Total Cost:$95,000
For Fiscal Year:2011 to 2013
Appropriation CodeAmountAppropriation Comment
566-06611-550500-519-000 $200,000BPO
Bid Required?:YesBid Number:RFP
17-09
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Manager 7) Clerk
Cover Memo
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve the first amendment to the Alligator Creek Watershed Management Plan’s Cooperative funding agreement with the
Southwest Water Management District in the amount of $250,000; a Supplemental Work Order to Jones Edmunds, Engineer of
Record (EOR) in the amount of $666,607 and authorize the appropriate officials to execute same.
SUMMARY:
The work order for Phase 1 of the Alligator Creek Watershed Management Plan Update between Jones Edmunds and
the City of Clearwater in the amount of $400,000 and the cooperative funding agreement with Southwest Florida
Water Management District (SWFWMD) to fund $200,000 of Phase 1 were approved by Council on October 22,
2009.
Phase I included development of digital topographic information and completion of a watershed evaluation. The watershed
evaluation element included: (a) identification of existing watershed features; (b) information from implemented projects; (c) an
inventory of hydraulic and hydrologic features; (d) a preliminary junction and a GIS database of reaches; and (d) a surface water
resource evaluation. Phase I is nearing completion.
Phase II will create a revised model and an updated watershed management plan. The model will reflect existing
conditions of the watershed and the revised watershed plan will include projects to reduce flooding, increase water
quality and improve natural systems. The revised model will be submitted to FEMA to update the Flood Insurance
Rate Maps to reflect existing conditions' flooding risk.
The supplemental work order to Jones Edmunds is for $666,607 for a total amount of $1,066,607.
The amendment to the Cooperative Funding agreement with SWFWMD is an increase of grant funding in the
amount of $250,000 for total reimbursement from the District in the amount of $450,000.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary
Current Year Cost:$666,607.00Annual Operating Cost:
Not to Exceed:$666,607.00Total Cost:$666,607.00
For Fiscal Year:2010 to 2011
Appropriation CodeAmountAppropriation Comment
0315-96173-561200-539-000-
0000
$666,607.00See Summary
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
MAIN ST.
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SR-580
ENTER
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SR-590
SR-60
COACHMAN
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POINT
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ALLIGATOR CREEK
WATERSHED
LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.comJHHAMN.T.S.10/2/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Alligator Creek Watershed
Outline
Legend
Watershed Outline
Clearwater Service Area
Attachment number 1
Page 1 of 1
JONES EDMUNDS & ASSOCIATES, INC.
SUPPLEMENTAL WORK ORDER FORM for the
CITY OF CLEARWATER
Date: 5/25/2011 Project Number: 03720-038-01
City Project Number: 09-0035-EN
1. PROJECT TITLE: Alligator Creek Watershed Management Plan Update
2. SCOPE OF SERVICES:
1 SCOPE OF WORK
The following Scope of Work outlines the elements and their associated tasks and the
deliverables included in this Work Order. Jones Edmunds & Associates, Inc. (Jones
Edmunds) will perform the required professional services in accordance with the "2002 -
Southwest Florida Water Management District’s Watershed Management Program
Guidelines and Specifications" (G&S) and subsequent correspondence and clarifications
provided to Jones Edmunds before the execution of this contract, incorporated herein by
reference and "Federal Emergency Management Agency’s Guidelines and Specifications for
Flood Hazard Mapping Partners" (Available for download at
http://www.fema.gov/plan/prevent/fhm/dl_cgs.shtm). The scope of work summarizes a list
of elements and tasks to be completed. Elements and tasks not included, or to be updated
from existing information will be specifically noted.
This phase of the project includes performing elements of a Watershed Management
Plan. The range of services to be provided in this work order includes parameterization
of a watershed-wide hydrologic and hydraulic model of the Alligator Creek Watershed
and maintaining all that data in the Geographic Watershed Information System (GWIS)
v. 1.6 geodatabase, developing the model and using results to map the 100-Year
Floodplain, verifying the model, undergoing a peer-review of the model and results as
well as a public notification process, and updating the model and floodplains based on
feedback from that process. In addition, the Jones Edmunds team will perform a Surface
Water Resource Assessment and BMP Alternatives Analysis within the watershed.
Attachment number 2
Page 1 of 18
1.0 Project Development
1.1 Initial Meeting – The Jones Edmunds Team will develop an approach
outline that will be based on the outline of the “Scope of Work”. Detail
will be added specific to the watershed with details about the anticipated
work effort and issues of importance. A meeting will be conducted to
present the scope and discuss.
Deliverable: Draft Scope of Work with issues identified for each task
and meeting to discuss.
1.2 Project Development/Approach – This task includes documentation and
review of the expected project timeline, allocation of staff resources, and
the cost spreadsheet. This is the initial effort, however, additional time
should be allocated to this task to periodically update the project timeline,
evaluate staff allocations, and update the Itemized Project Budget
spreadsheet.
Deliverable:
• Itemized Project Budget spreadsheet based on initial draft scope of
work.
• Entire project timeline based on the initial scope of work.
• Staff allocation spreadsheet based on tasks and staff qualifications.
• Resubmittal of Project Development Documents addressing all
comments received, if necessary.
1.3 Quality Assurance and Quality Control Plan – This task includes
establishing a communication protocol with members of the project team,
the City, and the District, in order to negotiate and commence the project.
The Jones Edmunds team will provide a copy of the communication
protocol and the Quality Assurance Plan for review and approval.
The project-specific QA/QC document will outline who will perform
specific tasks, who will perform the QA/QC for specific tasks, and the
procedures for the QA/QC (e.g. use of LP360, DataQE and submission of
a comment geodatabase). A signed and sealed QA/QC document
confirming the work assignments and the QA/QC procedures that were
used will be submitted with each deliverable.
Deliverable:
• Communication protocol document
• CONSULTANT’s Quality Assurance Plan
• Project specific QA/QC document
Attachment number 2
Page 2 of 18
2.0 WATERSHED MANAGEMENT PLAN PHASE
2.1 Survey
The Jones Edmunds Team has identified the need for survey of the
following structure types: 402 hydraulic structures (underground pipe
network, culverts and structural weir), 4 bridges, and 34 channel cross-
sections to be surveyed. The locations of the structures and cross-sections
were transmitted during Work Order 1.
Surveyed invert elevations and cross-section points will be used in the
hydraulic model of the watershed, which will be developed during this
Work Order.
Work and deliverables covered under this task will include:
• Subconsultant fee to DeGrove Surveyors Inc., the firm which will
be performing the cross-section and selected structure survey of
the Alligator Creek watershed. Deliverables will include a signed
and sealed survey report. All work will be done in accordance
with standards set by SWFWMD for their Watershed Management
Program.
• Fee for one Jones Edmunds survey crew to perform selected
structure survey on the watershed. Deliverables will include a
signed and sealed survey report. All work will be done in
accordance with standards set by SWFWMD for their Watershed
Management Program.
• General QC by the Jones Edmunds team of the survey data.
2.2 DEM Refinement
The Jones Edmunds Team will revisit the 29 Topographic Void areas
identified during Work Order 1 that will have an impact on the surface
water model to be developed during this Work Order. Data will be
collected from the appropriate entities and will be incorporated into the
DEM as suggested in the Alligator Creek Topographic Void Identification
and Approach Memo from Justin Gregory (Jones Edmunds) dated
February 17, 2010.
Deliverable:
• Refined DEM
2.3 Geodatabase of model features
The Jones Edmunds Team will develop the Interconnected Channel and
Pond Routing Model (ICPR) specific schematic from the final generic
schematic.
Attachment number 2
Page 3 of 18
Deliverable:
• Geodatabase feature classes for preliminary model links, nodes,
basins and model features to define level of detail
• Meeting with the City and District to discuss deliverables to date
2.4 Watershed Model Parameterization
A surface water model will be developed for this project using the
computer program ICPR version 3.10 Service Pack 7 with PercPack. This
task covers development of all parameters necessary to set up and simulate
the model.
Design Storm Rainfall Volumes
Simulation of the following rainfall events will also be conducted:
• Mean Annual, 5-Year, 10-Year, 25-Year, 50-Year, and 100-Year
24-hour events using the Florida Modified Type II Distribution
Sub-basin Stage-Storage
Stage-storage relationships will be developed for each sub-basin, as
appropriate. This process will be conducted using a GIS tool, as
automation will reduce hand calculations and improve accuracy. Each sub-
basin will be checked for general consistency. For a sampling of sub-
basins [5%], the stage-storage relationships will be digitized for
comparison to the automated results.
Doppler Storm Runoff Generation
For model verification purposes, a rainfall coverage for a single storm
event meeting or exceeding the magnitude of a mean annual storm event
will be developed using Doppler Radar Rainfall information. It is
anticipated that the rainfall data will be available directly from the District
(OneRain compiles this data) in one-hour incremental rainfall amounts
over 2-kilometer square grids. The rainfall data will be used to generate a
GIS layer and rainfall tables with overlay assignment to each sub-basin.
Note: continuous simulation using Doppler Radar Rainfall is not
anticipated for this project.
Methodology for Determining Starting Water Levels
Initial stages for stormwater management areas and ponds will be
established by the Jones Edmunds team based on best available
information such as ERP documents, control feature data,
orthophotography, or seasonal high water levels when control feature data
are not applicable. Initial stages in wetland areas may be based on a
desktop vegetation/terrain evaluation.
Attachment number 2
Page 4 of 18
Methodology for Determining DCIA and NDCIA
A discussion with the City and District regarding the proposed
methodology will occur before this item is parameterized.
Input GIS data for Green-Ampt processing
The Jones Edmunds Team will refer to “SWFWMD Green and Ampt
Processing”, 5/6/08 (Guidance Document 6) and “SWFWMD Green and
Ampt Analyses Support”, July, 2008 (Guidance Document 7).
Hydrology – The Jones Edmunds team will utilize the previously-derived
subbasins and other available GIS data to automate delineation of the
hydrologic response units and required parameters for runoff generation
using the Green-Ampt method within the PercPack Plug-In for ICPR.
Development of all hydrologic components will be conducted with
automated GIS methods using ArcHydro and/or in-house GIS tools. All
hydrologic data will also be individually verified and methods of
verification will be documented.
Methodology for Times of Concentration
Time of Concentration will be calculated using TR-55 Methodology,
considering the longest travel time to be the longest flow path. This
methodology will be discussed with the City and District.
Methodology for Modeling Percolation;
The Jones Edmunds team will refer to “SWFWMD Green and Ampt
Processing”, 5/6/08 (Guidance Document 6) and “SWFWMD Green and
Ampt Analyses Support”, July, 2008 (Guidance Document 7).
Percolation
Where applicable, percolation of ponded surface water into the ground
will be accounted for in the ICPR model by use of a new function in the
PercPack Plug-In available from Streamline Technologies. The necessary
soil input parameters will be collected from existing data sources,
including: ERP documentation, County and City development records, and
existing generalized soils data from SSURGO, USDA soil maps and
IFAS. If field verified data is determined to be necessary for some areas,
geotechnical investigation may be recommended to the refinement of
percolation link parameters. A set of “percolation polygons” will need to
be developed to establish the delineation between infiltration of water into
the ground being estimated by hydrology (Green-Ampt) and percolation
(outfall in ICPR). Iterations may be necessary in adjusting these polygons
if resulting peak stages do not adequately approximate the initial
polygons. Evapotranspiration estimates will not be developed for this
project.
Attachment number 2
Page 5 of 18
Hydraulic Structure Data
Hydraulic structures such as pipes and drop structures that were not
parameterized during the Watershed Evaluation will be parameterized
during this task. All survey data collected by City personnel will be
incorporated into the appropriate GWIS and model tables.
Cross-Sections for weirs and channels
Cross-sections will be generated to represent overland weirs and channels
for the surface water model. It is anticipated that all cross-sections will
either be derived from the terrain, or based on surveys, as-built drawings,
or construction plan information. The process of deriving the cross-section
information from the terrain in x,y,z format will be automated using
ArcHydro or a GIS tool. Some manipulation of the data may be necessary
for input into the surface water model. The Jones Edmunds Team will
check crest elevations to ensure that cross-sections are being cut at the
correct locations, and the overtopping elevation is correctly represented.
The irregular weirs and weir cross-sections tables in the GWIS
geodatabase will be completed with additional inputs from surveyed
information.
A thorough quality control process will be completed on the database by
an independent QA/QC reviewer on the Jones Edmunds Team.
2.5 Watershed Model Development
The Jones Edmunds team will develop a preliminary model within the
ICPR framework and provide the results for review. Under this task, the
surface water model will be set up and instabilities will be stabilized
wherever possible.
2.5.1 Model performance and verification analysis
• Level pool plot of initial elevations
• No rainfall run
• Performance test,1 day 100-year rainfall run
• Model verification run
Floodplain delineations will be compared to existing flood
information for model verification using several events for
which high water marks, USGS Streamflow Gaging data, radar
rainfall amounts or other flood information is available.
• Preliminary floodplains will be developed from the Doppler-
derived and 100 Year 1 Day storm events. These floodplains
will be utilized for model verification, review of suitability of
“percolation polygons”, and justification of the duration of the
storm for FEMA floodplain delineation. Verification of the
Attachment number 2
Page 6 of 18
model may lead to refinement of the model to improve accuracy
of the results. Focus should also be put on the stability and
reasonableness of the results, calibration should occur,
parameters adjusted and model rerun to verify. Justifications
should be provided to support the flood plain results.
• Resolve Comments and Resubmittal
Deliverables
• Model input and output files
• Doppler Storm Runoff Generation GIS Layer
• Discussion about and submittal of a Methodology of Determining
Starting Water Levels
• Discussion about and submittal of a Methodology of Determining
DCIA and NDCIA
• Input GIS data for Green-Ampt processing (percolation)
• GIS data, calculations, and discussion about and submittal of a
Methodology for Times of Concentration
• Irregular weir GWIS data
2.5.2 Floodplain analysis and delineation;
• Preliminary floodplain analysis
The surface water model will be subject to an internal
quality assurance quality control review. Additionally, a
set of ArcMap GIS Project File Maps (mxds) for
“QA/QC” will be developed with preliminary floodplain
model results..
Compiling the hydraulic and hydrological information, a
surface water model will be developed using the latest
version of the surface water modeling program, ICPR.
All model data (including hydraulic data, hydrologic data,
and soils data) will be downloaded from GWIS formats
into ICPR for development of the surface water model
with percolation outfalls.
• Multi-day event evaluation based on compelling information
(Not Included.)
• Floodplain delineation
Boundary conditions to/from adjacent watersheds will be
updated to reflect all physical connections. District and
City staff will oversee boundary condition coordination in
areas identified by the Jones Edmunds Team.
Attachment number 2
Page 7 of 18
• Floodplain analysis justification report
Written justification of changes in the floodplain
(horizontal and vertical extents) from the FEMA's
effective floodplain information and for rainfall durations
longer than 24-hours, will be prepared, if applicable.
Deliverable:
• Validate model and calibrate by running on multiple storm events
• Provide model input/output files
• Provide Justification Report of changes in floodplains
• Provide Floodplain Delineations with Transition Zones and Flood
Depth Grids
• QA/QC Maps (Electronic Only)
• Polygon coverage showing areas where the digital terrain does not
reflect the ground conditions
• Floodway analysis (if included)
• Provide geodatabase
• Presentation to City and District staff including a review of quality
assurance
2.6 Peer Review
The Jones Edmunds Team will produce and provide a power point
presentation to a work group consisting of a peer review engineer, the
District, City, community(s), whose corporate limits intersect the
watershed boundary(s) and interested parties to review the draft
deliverables prior to public notification. The presentation will follow an
outline supplied by the District. Prior to each meeting the Jones Edmunds
Teams will submit draft digital deliverables and one hard copy of the
QA/QC maps.
The peer review will consist of the following meetings:
Preview of Draft Peer Review Presentation
Meetings will be in remote login format; i.e., GoToMeeting with District
and City staff. Outstanding issues and items will be addressed and updated
for Final Peer Review Presentation if necessary. All comments and
responses will be documented in a “Comment Geodatabase”. Each
comment will require a reasonable response.
Preview of Final Peer Review Presentation
Meetings will be in remote login format; i.e., GoToMeeting with District
and City staff.
Attachment number 2
Page 8 of 18
Peer Review Presentation
The Jones Edmunds Team will present a PowerPoint presentation in
person to a work group consisting of a peer review engineer, the District,
City, community(s) whose corporate limits intersect the watershed
boundary(s) and interested parties. The Jones Edmunds Team will transmit
data set to Peer Reviewer.
Peer Reviewer Results Meetings
Meetings will be held if needed to discuss outstanding issues and items.
Meetings will be in remote login format; i.e., GoToMeeting.
Respond to Peer Review Comments
Meeting to confirm that all comments have been addressed. We will
address all of the work group comments prior to the public meeting and
add the responses to the comments geodatabase.
Submit Revised Model and Floodplain Delineation for Public Meeting
(100-Year and Verification events)
Deliverable:
• Draft PowerPoint presentation and supporting documentation for
presentation to the City and District
• Revised Model & Floodplain Delineation
• Provide Updated Justification Report of changes in floodplains and
storm durations greater than 24 hours
• Final PowerPoint presentation to work group
• Attend meetings
• Comment geodatabase
2.7 Public Meeting, Review and Comment Period
2.7.1 Impacted Parcels
The Jones Edmunds Team will provide an impacted parcel
geodatabase and Excel file providing parcel and owner contact
information by watershed.
The parcel data will be based on the latest property appraisers
parcel information to be provided by the District. Impacted parcels
include those parcels that intersect the preliminary 100-year
floodplain or have been removed from rainfall induced floodplain
identified in the effective FEMA floodplain coverage (effective
SFHA). The District will use the impacted parcel information to
develop and mail letters to each parcel advising of the public
meetings. QA/QC will be conducted on the deliverables to ensure
the impacted parcel information is associated with the appropriate
parcel identification number. However, no modifications to update
Attachment number 2
Page 9 of 18
the parcel database or shape files have been considered as part of
this task.
Deliverable:
• Impacted parcels geodatabase and excel file
2.7.2 Open House meeting(s)
The Jones Edmunds Team will assist District and City staff with
conducting the public meeting. Assistance consists of providing as
many professionals as needed (up to five), based on the number of
impacted parcels and anticipated attendance of the Public Meeting.
Jones Edmunds will assist citizens by responding to questions at
the meeting; provide lap top computers that can display recent
aerials, existing flood hazard zones, base map information, County
parcels, and the preliminary floodplains. In addition, 2 maps
covering the entire watershed mounted on a foam board will be
required. Templates for these maps will be provided by the
District. Generally, Map 1 will display floodplain and other
information. Two copies of Map 1 will be prepared. Map 2 will
display the soils, potentiometric surface, and other information.
One copy of Map 2 will be prepared.
Deliverable:
• Attend Meetings
2.7.3 Address Public and Peer Review comments
After the Public Meeting the Jones Edmunds Team will follow-up
with residents based on comment cards submitted. The team will
deliver comments and new information received through public
information meetings, meetings with selected property owners,
work group meetings, the District’s ERP Advisory Group, peer
review, and presentations to the District’s, City’s, and other
governing bodies. The comments and new information will be
included in a comments geodatabase.
2.7.4 Revised floodplain
The Jones Edmunds Team will revise the geodatabase and model,
as appropriate, based on comments and information received from
the District, City, incorporated communities, public, selected
property owners, ERP Advisory Group, and peer review. The
deliverable will conform to the latest edition of the DFIRM
contractor's requirements. Changes in the floodplains and storm
duration may have to be revised as a result of the presentation to
District and City staff mentioned in the deliverables below.
Attachment number 2
Page 10 of 18
Deliverable:
• Revised floodplain analysis, delineation and associated
geodatabase
2.8 Presentation to Governing Board
The City and District staff and the Jones Edmunds Team will present
findings to the District, City, County, and other governing bodies. A draft
presentation will be created and previewed prior to the meeting. Meetings
will be in remote login format; i.e., GoToMeeting with District and City
staff.
Deliverable:
• Preview of Presentation
• Attend meeting(s), develop and deliver presentation, and provide
technical support.
2.9 Level of Service (LOS)
Level of Service (LOS) determinations will be performed throughout the
watershed. A GWIS feature class will be created in conformance with the
City’s Level of Service criteria. The Level of Service documentation will
also include an estimate of the number of habitable structures within
floodplain areas by review of aerial photography or Base Flood
Elevations, where available. A Floodplain Level of Service Report will be
developed in compliance with the accompanying section of the G&S
(Guidance Document 1).
Deliverable:
• LOS Report
• LOS Geodatabase
2.10 Surface Water Resource Assessment (Water Quality Only)
A GIS-based water quality assessment (pollutant loading) model will be
developed for the Alligator Creek watershed. Field water quality sampling
is not included in this project. Existing water quality data within the
watershed will be collected and analyzed for trends. A pollutant loading
model of the watershed will be created using SIMPLE-Seasonal, which
was originally developed by Jones Edmunds with Sarasota County. A
baseline water quality simulation will be conducted using data from the
year 1997. Benefits received from Phase 1 of the Alligator Creek
Improvements project will be quantified. All modeling, data analysis, and
project evaluation will be described in report format.
Attachment number 2
Page 11 of 18
Deliverable:
• Surface Water Resource Assessment Report
• Geodatabase including model input and output
2.11 BMP Alternatives Analysis
BMP alternatives analysis will be conducted for the watershed. An
Alternative BMP Analysis Report will be developed in compliance with
the accompanying section of the G&S (Guidance Document 1).
This task includes one meeting each with SWFWMD Regulation
personnel and US Army Corps of Engineer (USACE) personnel to discuss
the conceptual design of the proposed BMPs for documentation in the
final report. This task also includes up to two (2) meetings with the City
and District staff to discuss proposed BMP alternatives. Up to twelve (12
structural BMPs and two (2) non-structural BMPs will be evaluated.
Phase 2 and 3 projects will be reevaluated during this task. The most
beneficial projects in terms of flood control, water quality improvements,
and cost will be recommended, and detailed cost opinions will be
developed for those.
Deliverables
• Conceptual Design Meeting with SWFWMD Regulatory and
USACE
• BMP Alternatives meetings (One face to face and one
GoToMeeting Format)
• BMP Alternative Analysis Report
• Final Comprehensive WMP Report
2.12 Project Management and Quality Control
This task includes one meeting and necessary follow-up conference calls or
meetings between the Jones Edmunds team, City of Clearwater, and the District to
discuss the Watershed Management Plan and final deliverables. A Digital Quality
Assurance/Quality Control (QA/QC) review MXD will be prepared for the
watershed. It will include the following layers and information at a minimum:
historical and 2009 imagery, terrain information, soils, landuse, FEMA, Q3 data
or current effective floodplains, review comments and responses, high water mark
database information, SURGO information, 2004 potentiometric surface and at
least one cross section showing land surface and the potentiometric surface, sub-
basins, junctions, network, abutting watershed boundaries, roads, parcels, and
ERPs included in the surface water model. The QA/QC review MXD will be
used during the various meetings.
Attachment number 2
Page 12 of 18
The engineer of record will be required to certify that quality assurance/quality
control has been performed on all deliverables and that any outstanding issues
have been communicated to the City and the District.
Deliverables:
• Participate in meetings and conference calls as needed
• Provide the digital QA/QC map
2.13 Final Approved Deliverables for Watershed Management Plan
Final deliverables will include the electronic versions of the updated G&S GWIS
geodatabase and tables, modeling files, and the G&S map atlas.
The Watershed Management Plan list of deliverables will be compiled, to
generally include the GWIS geodatabase and Watershed Management Plan
Document. The final TSDN will be included with this submittal in digital format.
Please note that the TSDN will be submitted two times in digital format, as a draft
and a final version.
Deliverables
• Electronic version of the updated G&S GWIS geodatabase and tables
including the final TSDN
• Modeling files
• The G&S map atlas
2.14 Final Approved Deliverables for Public Outreach – Project Website
BMP alternatives
Jones Edmunds will complete the project website that was begun in the first Work
Order. Project data and reports developed during this phase will be available to
the public for online viewing. Jones Edmunds will not be responsible for hosting
the website and will not provide online GIS information during this phase of the
project.
Deliverables: Electronic htm files that will be hosted on the City server.
3. PROJECT GOALS:
Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this
proposal for providing services related to the Alligator Creek Watershed Management
Plan. Jones Edmunds will work with Interflow Engineering, LLC as our subconsultant to
complete the services described in this proposal. The Alligator Creek watershed, located
in the City of Clearwater and Pinellas County, covers approximately 9 square miles. The
primary problems in this watershed are recurring flood damage and water quality
impairments.
Attachment number 2
Page 13 of 18
The Alligator Creek Watershed Management Plan is cooperatively funded by the City of
Clearwater and the Southwest Florida Water Management District (SWFWMD). The
Plan provides a way to evaluate strategies to protect, enhance, and restore water quality
and natural systems, while achieving flood protection goals. The information developed
will also provide the science to support the City’s review of future development plans and
for SWFWMD’s resource management and environmental resource permitting, as well as
aid in future work orders for development of “Best Management Practices” for the
Tampa Bay Reasonable Assurance program.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Jones Edmunds
for the completion of these tasks, on a lump sum basis, for a fee of six hundred sixty-
six thousand six hundred seven Dollars and zero cents ($666,607.00), this includes a
10% contingency fee of $60,600.00 for out of scope services, and not to exceed fees for
task allowances totaling six hundred six thousand seven Dollars and zero cents
($606,007.00).
5. SCHEDULE:
Task
No. Task Start Complete
1 Project Development July 2011 July 2011
2.1 Survey July 2011 Sep 2011
2.2 DEM Refinement July 2011 Sep 2011
2.3 Geodatabase of Model Features July 2011 Sep 2011
2.4.1 Watershed Model Parameterization Sep 2011 Jan 2012
2.4.2 Model Development – Performance and
Verification Jan 2012 Mar 2012
2.5 Floodplain Analysis Apr 2012 Jun 2012
2.6 Peer Review Jun 2012 Aug 2012
2.7 Public Meeting, Review, and Comment Period Aug 2012 Oct 2012
2.8 Presentation to SWFWMD Governing Board Oct 2012 Oct 2012
2.9 Level of Service Analysis Oct 2012 Dec 2012
2.10 Surface Water Resource Assessment Nov 2012 Jan 2013
2.11 BMP Alternative Analysis Oct 2012 Feb 2013
2.12 Project Management and Quality Control July 2011 Mar 2013
2.13 Final Approved Deliverables for the
Watershed Management Plan Feb 2013 Mar 2013
2.14 Final Approved Deliverables for Public
Outreach – Project Website Oct 2012 Mar 2013
Note: This schedule allows for 15 working days for the City and SWFWMD to
review each task.
Attachment number 2
Page 14 of 18
6. STAFF ASSIGNMENT (Consultant):
Jones Edmunds Team Key Staff:
Tom Friedrich, P.E. Client Manager
Brett Cunningham, P.E. Technical Director
Justin Gregory, P.E. QA/QC
Walt Nickel, P.E. Senior Project Engineer/QC
Suzanne Kaufman, PE Project Manager
Brian Icerman, E.I. Project Engineer
Dale Gerber GIS Analyst
John Loper, P.E. Project Manager (Interflow)
Daniel Parsons, E.I. Project Engineer
Susan Gerena, E.I. Project Engineer
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Suzanne Kaufman, P.E., Jones
Edmunds Project Manager, with copies to Tom Friedrich, P.E. and John Loper, P.E. All
City project correspondence shall be directed to Ken Sides, P.E. with copies to others as
may be appropriate. All District project correspondence shall be directed to George Fries,
P.E. with copies to others as may be appropriate.
Attachment number 2
Page 15 of 18
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., 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 an
estimated percent complete. Contingency services will be billed as incurred only after
written authorization provided by the City to proceed with those services.
City Invoicing Code: ____0315-96173-561200-539-000-0000____
10. SPECIAL CONSIDERATIONS:
N/A
PREPARED BY: APPROVED BY:
________________________ ________________________
Stanley F. Ferreira, PE Michael D. Quillen, PE
Chief Operating Officer City Engineer
Jones Edmunds & Associates, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment number 2
Page 16 of 18
{Add the following as an Attachment:}
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
Attachment “A”
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on vellum or bond material, 24" x 36" at
a scale of 1" = 20’ unless approved otherwise. Upon completion the
consultant shall deliver all drawing files in digital format with all project
data in Land Desktop 2000 or later including all associated dependent files.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards
are used the consultant shall include all necessary information to aid in
manipulating the drawings including either PCP, CTB file or pen schedule for
plotting. The drawing file shall include only authorized fonts, shapes, line types
or other attributes contained in the standard AutoDesk, Inc. release. All block
references and references contained within the drawing file shall be included.
Please address any questions regarding format to Mr. Tom Mahony, at (727)
562-4762 or email address tom.mahony@clearwater-fl.com
All electronic files must be delivered upon completion of project or with
100% plan submittal to City of Clearwater.
Attachment number 2
Page 17 of 18
ATTACHMENT B
CITY OF CLEARWATER
ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN UPDATE
PPRROOJJEECCTT BBUUDDGGEETT
Jones Edmunds & Associates, Inc.
Subconsultant
Task Description Services Labor Total
Phase I – Watershed Evaluation $314,000
Phase I Subtotal, Labor and Subcontractors $314,000
Contingency $86,000
Phase I Total $400,000
Phase II – Watershed Management Plan
1.0 Project Development
1.1 Project Approach $2,843
1.2
Project Timeline and Staff Allocation and Cost
Spreadsheet $2,281
1.3 Project Communication and QC Plan $2,281
Task Subtotal $7405
2.0 Watershed Management Plan
2.1 Survey $112,686
2.2 DEM Refinement $20,555
2.3 Geodatabase of Model Features $17,157
2.4 Watershed Model Parameterization $87,676
2.5 Model Development $87,439
2.6 Peer Review $46,479
2.7 Public Meeting, Review, and Comment Period $29,821
2.8 Presentation to SWFWMD Governing Board $11,233
2.9 Level of Service Analysis $26,696
2.10 Surface Water Resource Assessment $25,120
2.11 BMP Alternative Analysis $68,818
2.12 Project Management and Quality Control $31,111
2.13
Final Approved Deliverables for the Watershed
Management Plan $24,057
2.14
Final Approved Deliverables for Public Outreach
– Project Website $9,754
Task Subtotal $598,602
Phase II Subtotal, Labor and Subcontractors $606,007
Contingency $60,600
Phase II Total $666,607
Phase I Total $400,000
Phase II Total $666,607
Grand Total $1,066,607
Attachment number 2
Page 18 of 18
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Page 9 of 9
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve Architect of Record Contracts with Fowler Associates Architects, Harvard Jolly Architecture, Klar and Klar Architects,
Long and Associates, Plisko Architecture and Wannenacher Jensen Architects for a period of three years commencing July 26,
2011 and authorize the appropriate officials to execute same.
SUMMARY:
On March 1, 2011, Requests for Qualifications (RFQ 14-11) were solicited from area firms to act as Architects of
Record for the City. Twenty-two responses were received. Upon review of the responses, it was decided to retain
four firms that are currently performing as Architects of Record for the City including Fowler Associates
Architects, Harvard Jolly Architecture, Plisko Architecture and Wannenacher Jensen Architects.
A short list of four additional firms was chosen for oral presentations to the selection committee consisting of
representatives from Parks and Recreation, Solid Waste/General Services and Engineering. From this group of
four, two additional firms were added to the list including Klar and Klar Architects and Long and Associates. The
six recommended firms were selected based upon technical ability, availability to expeditiously complete
assignments, management and staff ability, prior municipal experience including permitting and Clearwater
business and community involvement.
Subject to approval in accordance with city purchasing policy, these Architects of Record could be used by any
city department for appropriate projects.
Review Approval:1) City Manager 2) Clerk
Cover Memo
REQUEST FOR QUALIFICATIONS #14-11
ARCHITECTURAL SERVICES
CITY OF CLEARWATER, FLORIDA
The City of Clearwater requests qualifications from architectural firms to serve as an Architect of
Record (ARCHITECT) for a three year period. Sealed Statements of Qualifications will be
received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services
Bldg., 100 South Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, until 4:00 P.M. on
Thursday, March 31, 2011.
To be considered for Architect of Record status, the ARCHITECT must have a fully staffed and
operating office located within the Tampa Bay Metropolitan area.
Copies of the Request for Qualifications (RFQ) for this project are available for prospective firms at
the Municipal Services Bldg., Purchasing Division, 3rd Floor, 100 South Myrtle Ave., Clearwater,
Florida, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, beginning March 1,
2011, until no later than close of business five days preceding the submittal deadline. These
documents are also available through the City’s website: www.myclearwater.com and through the
City’s electronic plan room (also available at http://www.myclearwater.com/cityprojects/index.asp)
The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all
Statements of Qualifications.
The City of Clearwater, Florida
William B. Horne, II, City Manager
Attachment number 1
Page 1 of 17
Scope of Services:
To provide Architect-of-Record services to the City of Clearwater. Full-service firms capable of
performing planning, design, document preparation, permitting, construction inspection and
management of every aspect of projects will be strongly considered, however the City intends to
also consider smaller firms with exceptional experience and qualifications.
To be considered for Architect of Record status, the ARCHITECT must have a fully staffed and
operating office located within the Tampa Bay Metropolitan area.
See “Exhibit A” – Agreement for Professional Services.
Submittals:
Interested firms should state their interest in this project by submitting six (6) hard copies and
one (1) electronic copy of the following:
• Letter of interest and understanding on Firm stationery;
• Description of Firm to include only the following:
Legal name, years in business, officers, staff size, and staff breakdown by classification;
Location of responsible office;
List of all similar major building projects completed within the last ten years, with dates
of completion, size of projects, project cost, name of lead architect, addresses, contact
persons, and telephone numbers;
Names and titles of the project team;
Resumes of all persons who will be working on this project, including consultants and
interior design staff;
Table of organization proposed by the Firm for this project;
Photographs of at least five (5) completed public and/or private projects where the firm
has been principal architect;
Quality control procedures and staff employed by the Firm;
Clearwater business and community involvement.
MAIL OR DELIVER COMPLETED RESPONSES TO:
George McKibben
City Purchasing Manager
Municipal Services Building
100 South Myrtle Avenue (3rd floor)
Clearwater, Florida 33756-5520
Mailing Address: P.O. Box 4748
Clearwater, Florida 33758-4748
All proposals must be received not later than 4:00 p.m. local time THURSDAY, MARCH
31, 2011. The City assumes no responsibility for responses received after the stated time and
date, or at any office or location other than that specified herein, whether due to mail delays,
courier mistake, mishandling, or any other reason. Late responses will be held unopened and not
considered for award.
Attachment number 1
Page 2 of 17
Multiple Firm Teams:
Multiple firm or joint venture teams must clearly identify the roles and responsibilities of the
proposed participants. Multi-firm teams must be led by a firm demonstrating substantial public
facility design experience.
Selection Process:
Selection of finalists for interview will be made on the basis of architectural qualifications
including: technical ability, availability, completeness of response to RFQ, prior municipal
experience and Clearwater community and business involvement.
The Selection Committee, consisting at a minimum of representatives from Engineering, General
Services and the Parks and Recreation Department, will conduct interviews with and may require
public presentation from three to five firms deemed to be most highly qualified regarding their
qualifications.
Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation,
the firm must be registered by the Florida Department of State, Division of Corporations. The
selection will be made in accordance with 255.32 F.S. and the procedures and criteria of the City
of Clearwater.
The Review Committee’s decision in qualification of prospective firms shall be final. The City
reserves the right to, at its sole discretion, accept or reject any and all submittals, request
clarifications from any prospective firm amend or modify the terms of the RFQ, or re-issue the
RFQ if such action is in the best interest of the City.
If there is any doubt as to the true meaning of any part of this RFQ, or if any discrepancies in or
omissions from this RFQ are discovered, a written request for an interpretation or correction may
be submitted to the Purchasing Manager george.mckibben@myclearwater.com for response.
Written requests may be forwarded to: Purchasing Manager; 100 S. Myrtle Ave, Clearwater, FL
33756-5520; or faxed to 727.562.4635. The company submitting the request will be responsible
for delivery no later than seven calendar days before the submittal due date. Any clarification or
correction of this RFQ will be made only by written addendum. A copy of all such addenda will
be mailed or delivered to each company holding a set of documents. The City will not be
responsible for any other explanation or interpretations of the documents.
Selection Criteria:
The City reserves the right to accept and/or reject any or all proposals; to waive any irregularity,
variance, or informality whether technical or substantial in nature; and to negotiate with all
qualified Firms in keeping with the best interests of the City. An award resulting from this
request shall be awarded to the Firm whose proposal is determined to be most advantageous to
the City of Clearwater.
Attachment number 1
Page 3 of 17
Items which the Selection and Technical Committee will consider and weigh during the selection
process are as follows:
A. Technical ability, including technical education and training of personnel.
Evaluation will be based not only upon the firm’s capabilities, but also upon the
abilities and accomplishments of the individuals to be assigned to the project
(25%).
B. Availability to expeditiously complete assignments (25%).
C. Completeness of response – management and technical staff ability (20%).
D. Prior municipal experience including permitting expertise with Federal, State, and
Local Regulatory agencies (20%).
E. Clearwater business and community involvement (10%)
Distribution:
This RFQ is being mailed to Firms that have contacted the City and those which are believed to
have the experience needed for this project. The project is also being advertised per City of
Clearwater purchasing policies.
PROJECT SCHEDULE
A, Release date of RFQ: March 1, 2011
B. Due date of RFQ: March 31, 2011
C. Short Listing of Firms: April 21, 2011
D. Oral Presentations: May 2 – 6, 2011
E. Selection Committee Recommendation: May 10, 2011
F. City Council Action: June 2, 2011
G. Contract Initiation: July 25, 2011
OPENNESS OF PROCUREMENT PROCESS
Written response, other submissions, correspondence, and all records made thereof, as well as
negotiations conducted pursuant to this request, shall be handled in compliance with Chapters
119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any
portion of the qualifications once submitted.
Attachment number 1
Page 4 of 17
RETENTION AND DISPOSAL OF RESPONSE
The City reserves the right to retain all submitted responses for official record purposes. The
City also reserves the right to dispose of any or all copies of responses in whatever manner it
deems appropriate. No copies of responses will be returned to the firm.
ERRORS AND OMISSIONS
Once a response is presented, the City shall not accept any requests by any firm to correct errors
or omissions in any calculations submitted.
RESERVED RIGHT
The City reserves the right to accept or reject any and/or all submissions/proposals, to waive
irregularities and technicalities, and to request resubmission. Any sole response received the
first submission date may or may not be rejected by the City depending on available competition
and timely needs of the City. The City shall be the sole judge of the submission/proposal and the
resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the
City reserves the right to make such investigation as it deems necessary to determine the ability
of any responder to perform the work or service requested. Information the City deems
necessary to make this determination shall be provided by the responder.
CONFLICT OF INTEREST
Any prospective firm should make an affirmative statement in its proposals to the effect that, to
its knowledge, its retention would not result in a conflict of interest with any party.
Alternatively, should any potential conflict exist, the prospective firm should specify the party
with which there might be a conflict, the nature of the potential conflict, and the means proposed
to resolve such conflict.
RIGHT TO PROTEST
Any actual or prospective responder who is aggrieved in connection with the solicitation or
award of a contract may seek resolution of its complaints by contacting the Purchasing Manager.
NO COLLUSION
By offering a submission to the RFQ, the responder certifies, and in the case of a joint
submission/proposal, each party thereto certifies as to its own organization, that in connection
with the submission/proposal:
a. No attempt has been made or will be made by the responder to induce any other
person or firm to submit or not to submit a submission/proposal for the purpose of
restricting competition; and
Attachment number 1
Page 5 of 17
b. The only person(s) or principal(s) interested in this submission/proposal are
named therein and that no person other than those therein mentioned has/have any
interest in this submission/proposal or in the agreement to be entered into; and
c. No person or agency has been employed or retained to solicit or secure this
agreement upon an agreement or understanding for a Council, percentage,
brokerage, or contingent fee, excepting bona fide employees or established
commercial agencies maintained by the purchaser for the purpose of doing
business.
PROFESSIONAL SERVICES/CONSULTANTS’ COMPETITIVE
NEGOTIATION ACT (CCNA) – FLORIDA STATUTE 287.055
Professional services requested in this RFQ are within the scope of the practice of architecture or
landscape architecture, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
apply.
APPROPRIATIONS CLAUSE
The City, an entity of government, is subject to the appropriation of funds by its legislative body
in an amount sufficient to allow continuation of its performance in accordance with the terms
and conditions of this contract for each and every fiscal year following the fiscal year in which
this contract is executed and entered into and for which this contract shall remain in effect. The
City shall, upon receipt of notice that sufficient funds are not available to continue its full and
faithful performance of this contract, provide written notice to the Contractor of such event and
effective thirty (30) days after giving such notice or upon the expiration of the period of time for
which funds were appropriated, whichever occurs first, be thereafter released at all further
obligations in any way related to the contract.
General Terms and Conditions
1. All responses become property of the City of Clearwater.
2. The City will not reimburse the respondent for any costs associated with the preparation,
submittal, or presentation of their responses to this request.
3. The respondent acknowledges that all information contained within its response is part of
the public domain as defined by State of Florida Sunshine and Public Record Laws. The
City gives no assurance as to confidentiality of any portion of any proposal once
submitted.
4. The awards made pursuant to this Call for Professional Services are subject to the
provisions of Chapter 112, Part III, and Florida Statues. All respondents must disclose
with their responses the name of an officer, director, owner, or agent who is also an
employee of the City of Clearwater.
5. Respondents, their agents, and associates shall refrain from contacting or soliciting any
City officials regarding this Call for Professional Services during the selection process.
Attachment number 1
Page 6 of 17
Failure to comply with this provision may result in disqualification of the respondent, at
the option of the City. Only George McKibben may be contacted.
6. There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin
in the operations conducted under this engagement.
7. Due care and diligence have been exercised in the preparation of this Call for
Professional Services, and all information contained herein is believed to be substantially
correct. However, the responsibility for determining the full extent of the services rests
solely with those making responses. Neither the City nor its representatives shall be
responsible for any error or omission in this response, nor for the failure on the part of the
respondents to determine the full extent of the exposures.
8. Preference will be given to those responses in full or substantially full compliance with
the requested information in this document.
9. Each respondent is responsible for full and complete compliance with all laws, rules, and
regulations including those of the Federal Government, the State of Florida, and the City
of Clearwater. Failure or inability on the part of the respondent to have complete
knowledge and intent to comply with such laws, rules, and regulations shall not relieve
any respondent from its obligation to honor its response and to perform completely in
accordance with its response.
10. Any interpretation, clarification, correction, or change to the Call for Professional
Services will be made by written addendum issued by the City’s Purchasing Manager.
Any oral or other type of communication concerning the Call for Professional Services
shall not be binding unless issued by the City in the form of an addendum.
11. Responses must be signed by an individual of the respondent’s organization legally
authorized to commit the respondent’s organization to the performance of the services
contemplated by this Call for Professional Services.
12. The successful respondent shall be required to submit proof of licenses, certifications,
and proofs of insurance as required by the City.
13. The successful respondent shall not be allowed to substitute project team members named
in this response without the written permission of the City.
14. The engineer and/or architect are responsible for all costs associated with any non-
discretionary changes. A bond for this purpose may be required.
Attachment number 1
Page 7 of 17
EXHIBIT A
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the __________ day of _______________,
2011 by and between the City of Clearwater, Florida and
_________________________________________. (ENGINEER) and/or (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain
professional services pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services
in accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representations given by the ENGINEER and/or ARCHITECT in a proposal
dated February 2011:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the City will be that of a
professional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with and
for the CITY toward solutions to engineering /architectural problems and the approach or
technique to be used toward accomplishment of the City’s objective for each project or
assignment. Expected professional project services shall include, but not be limited to
planning, analysis, design, preparation of construction plans and details, regulatory
permitting, preparation of technical specifications, preparation of bid and contract
documents and construction management for potential City project areas listed below:
Attachment number 1
Page 8 of 17
• Parks & Recreational facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Fire Department facility improvements, including expansion or improvements to existing
facilities as well as development of new facilities
• Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Marine & Aviation facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Library facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
• Parking facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
• General Services / Solid Waste facility improvements, including expansion or
improvements to existing facilities as well as development of new facilities.
2.2 The follow lists other work assignments that may be reasonably required under the
general scope of this professional agreement:
• Land surveys, right-of-way surveys, preparation of right-of-way control surveys,
preparation of right-of-way mapping/parcel descriptions/parcel sketches.
• Review and assessment of the applicability of design/build contracts for various City
improvements.
• Development/preparation of grant applications for City projects.
• Preparation and implementation of public involvement programs, including graphics
powerpoint presentation, slides, handouts, etc.
2.3 The ENGINEER’S and/or ARCHITECT’S services under this Agreement will be
provided under Work Orders. Generally, each Work Order will include the services for a
single project or assignment, and it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with applicable fiscal and
budgetary constraints. Total compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City Council.
2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of
professionally qualified personnel available to the City for the purpose of rendering the
required engineering and/or architect services hereunder, and shall diligently execute the
work to meet the completion time established.
Attachment number 1
Page 9 of 17
2.5 The City reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do
so by the City, coordinate and work with other engineering and/or architectural firms
retained by the City.
3.0 PERIOD OF SERVICES
3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully
executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of
a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER’S and/or ARCHITECT’S services called for under any Work Order
are delayed for reasons beyond the ENGINEER’S and/or ARCHITECT’S control, the
time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continues in force until three (3)
years from the date of execution, subject to the provisions for termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the
City.
4.0 INSURANCE REQUIREMENTS
See Exhibit “B” attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE
NEGOTIATION ACT (CCNA) – Florida Statue 287.055
Professional Services requested in this RFP are within the scope of the practice of
architecture or landscape architecture, as defined by the laws of the State of Florida.
Provisions of F.S. 287.055 apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, etc., supplied
by the ENGINEER shall become the property of the City. The City acknowledges that
such documents are not intended or represented to be suitable for use by the City or to
others for purposes other than those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by the ENGINEER and/or
ARCHITECT for the specific purpose intended will be at the City’s sole risk without
liability or legal exposure to the ENGINEER and/or ARCHITECT.
6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of
probable construction costs, following City approval of the bid documents and other pre-
bid activities. The City hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed, as a promise that
designed facilities will not exceed a cost limitation.
Attachment number 1
Page 10 of 17
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental agreement will be negotiated
between the City and the ENGINEER and/or ARCHITECT describing the services
desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER and/or ARCHITECT’S written request, the City will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and/or ARCHITECT and City mutually deem necessary.
6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their
successors, legal representatives and assigns to the other party to this Agreement and to
the partners, successors, legal representatives and assigns of each other party, in respect
to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold
harmless the City from all claims, demands, liabilities and suits caused by any negligent
act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER’S and/or
ARCHITECT’S subcontractors, agents, or employees in rendering the professional
services called for herein. It is specifically understood and agreed, however, that this
indemnification agreement does not cover or indemnify the City for its own negligence.
The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save,
and hold harmless the City from any and all fines, costs, and expenses caused by, directly
or indirectly, with the ENGINEER’S and/or ARCHITECT’S failure to comply with any
applicable laws, statutes, ordinances, or government regulations.
6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or
persons in the employ of the City to an allied capacity, on either a full or part-time basis,
on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from
the projects until alternate personnel acceptable to the City are approved in writing by the
City.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER’S and/or ARCHITECT’S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit “C”.
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each
month. Such invoices shall be due and payable upon receipt.
Attachment number 1
Page 11 of 17
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll
records and expenditures in connection with hourly rate and cost plus fixed fee work
assignments upon request of the City.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the ENGINEER
and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed
to pay any persons, company, corporation, individual or firm, other than a bona fide
employee working for the ENGINEER and/or ARCHITECT any fee, Council,
percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
9.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of outstanding Work Orders for all work performed up to the date of
termination.
10.0 SUSPENSION, CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
City, without affecting any other Work Order or this Agreement, the ENGINEER and/or
ARCHITECT shall be given five (5) days prior written notice of such action and shall be
compensated for professional services provided up to the date of suspension, cancellation
or abandonment.
This agreement shall be administered and interpreted under the laws of the State of
Florida.
Attachment number 1
Page 12 of 17
11.0 TERMINATION OF CONVENIENCE
Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at
any time by giving written notice to the other of such termination and specifying the
effective date of such termination at least thirty (30) days before said termination date. If
the Agreement is terminated by the City as provided herein, the ENGINEER and/or
ARCHITECT will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date and year first above written.
________________________________
By: ____________________________
WITNESS:
By: ____________________________
Countersigned: CITY OF CLEARWATER
___________________________ By: _____________________________
Frank Hibbard William B. Horne, II
Mayor-Council Member City Manager
Approved as to form and ATTEST:
Correctness:
___________________________ By: ____________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1
Page 13 of 17
EXHIBIT “B”
INSURANCE REQUIREMENTS
1. Liability Insurance. The party submitting an RFQ, hereinafter referred to in this document
as the Proposer, if selected, shall furnish, pay for, and maintain during the life of any
contract entered into with the City the following liability coverage:
a. Commercial General Liability insurance on an "occurrence" basis in an amount not
less than $1,000,000.
b. Business Automobile Liability insurance in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
c. Worker's Compensation Insurance applicable to its employees, contractors and
subcontractors, if any, for statutory coverage limits in compliance with Florida
laws, including Employers’ Liability that meets all state and federal laws.
d. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for
the type of business engaged in by the Proposer, shall be purchased and maintained
by the Proposer with minimum limits of $1,000,000 per occurrence.
2. Additional Insured. The City is to be specifically included as an additional insured on all
liability coverage described above, except the insurance coverage identified in paragraph
1(c) and (d).
3. Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide
the City with thirty 30) day's notice of cancellation or restriction.
4. Certificates of Insurance/Certified Copies of Policies. The Proposer, if selected, shall
provide the City with a certificate or certificates of insurance showing the existence of the
coverage required by this RFQ, if any. The Proposer will maintain the required coverage
with a current certificate or certificates of insurance throughout the term of the contract with
the City. When specifically requested by City in writing, the Proposer will provide the City
with certified copies of all policies of insurance as required above. New certificates and
new certified copies of policies, if certified copies of policies have been requested, shall be
provided City whenever any policy is renewed, revised, or obtained from other insurers.
5. The address where such certificates and certified polices shall be sent or delivered is as
follows:
City of Clearwater
Attention: Engineering Department
P.O. Box 4748
Clearwater, FL 33758-4748
Attachment number 1
Page 14 of 17
6. The Proposer shall defend, indemnify, save and hold the City harmless from any and all
claims, suits, judgments and liability for death, personal injury, bodily injury, or property
damage arising directly or indirectly from any performance under this RFQ, or a
subsequent purchase order or contract entered into by City and Proposer, its employees,
subcontractors, or assigns, including legal fees, court costs, or other legal expenses.
Proposer acknowledges that it is solely responsible for complying with the terms of this
RFQ or a purchase order or contract arising out of this RFQ. In addition, the Proposer
shall, at its expense, secure and provide to City, prior to beginning performance under an
RFP, or a subsequent purchase order, or contract, all insurance coverage as required in
this RFQ.
7. Any party providing services or products to the City will be expected to enter into a written
agreement, contract, or purchase order with the City that incorporates, either in writing or by
reference, all of the pertinent provisions relating to insurance and insurance requirements as
contained herein. A failure to do so may, at the sole option of the City, disqualify any
vendor, bidder or Proposer of services and/or products to the City.
Attachment number 1
Page 15 of 17
EXHIBIT “C”
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay ENGINEER AND/OR ARCHITECT and the ENGINEER AND/OR
ARCHITECT agrees to accept as full compensation for its services (as established by Work
Order) compensation as computed by one of the following methods:
Method “A” – Costs Times Multiplier Basis –
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost x Multiplier + Sub-consultant Cost + Other Direct Costs.
Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Sub-consultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based
on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00.
Method “B” – Lump Sum –
Compensation in the form of “lump sum” shall be determined by mutual agreement between the
ENGINEER AND/OR ARCHITECT and the City. The lump sum amount shall be negotiated
based upon a scope of services developed by the ENGINEER AND/OR ARCHITECT and
approved by the City.
ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD,
FRINGE BENEFITS AND OPERATING MARGIN)
The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are
anticipated and modification can be made annually upon City and ENGINEER AND/OR
ARCHITECT review. (Note: All rates are hourly salary rates).
Attachment number 1
Page 16 of 17
CITY OF CLEARWATER ARCHITECT OF RECORD RFQ
2011 DIRECT HOURLY RATES
Job Classification
Minimum
Rate
($ / hour)
Typical
Maximum
President
Vice President/Officer-in-Charge
Project Manager/Associate Principal
Senior Architect
Architect
Landscape Architect
Field Technician
Senior Designer
Drafter/CADD Operator
Field Technician
Fiscal/Accounting
Administrative/Clerical
Operations Specialist
MULTIPLIER: .
Attachment number 1
Page 17 of 17
EXHIBIT A
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the __________ day of _______________,
2011 by and between the City of Clearwater, Florida and
_________________________________________. (ENGINEER) and/or (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain
professional services pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services
in accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representations given by the ENGINEER and/or ARCHITECT in a proposal
dated March, 2011:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the City will be that of a
professional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with and
for the CITY toward solutions to engineering /architectural problems and the approach or
technique to be used toward accomplishment of the City’s objective for each project or
assignment. Expected professional project services shall include, but not be limited to
planning, analysis, design, preparation of construction plans and details, regulatory
permitting, preparation of technical specifications, preparation of bid and contract
documents and construction management for potential City project areas listed below:
Attachment number 2
Page 1 of 16
• Parks & Recreational facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Fire Department facility improvements, including expansion or improvements to existing
facilities as well as development of new facilities
• Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Marine & Aviation facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
• Library facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
• Parking facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
• General Services / Solid Waste facility improvements, including expansion or
improvements to existing facilities as well as development of new facilities.
2.2 The follow lists other work assignments that may be reasonably required under the
general scope of this professional agreement:
• Land surveys, right-of-way surveys, preparation of right-of-way control surveys,
preparation of right-of-way mapping/parcel descriptions/parcel sketches.
• Review and assessment of the applicability of design/build contracts for various City
improvements.
• Development/preparation of grant applications for City projects.
• Preparation and implementation of public involvement programs, including graphics
powerpoint presentation, slides, handouts, etc.
2.3 The ENGINEER’S and/or ARCHITECT’S services under this Agreement will be
provided under Work Orders. Generally, each Work Order will include the services for a
single project or assignment, and it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with applicable fiscal and
budgetary constraints. Total compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City Council.
2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of
professionally qualified personnel available to the City for the purpose of rendering the
required engineering and/or architect services hereunder, and shall diligently execute the
Attachment number 2
Page 2 of 16
work to meet the completion time established. The ENGINEER and/or ARCHITECT
shall notify City by US Mail addressed to the City Engineer of any changes in company
contact information. This includes: contact phone, address, project manager, email
addresses, etc.
2.5 The City reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do
so by the City, coordinate and work with other engineering and/or architectural firms
retained by the City.
3.0 PERIOD OF SERVICES
3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully
executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of
a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER’S and/or ARCHITECT’S services called for under any Work Order
are delayed for reasons beyond the ENGINEER’S and/or ARCHITECT’S control, the
time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continues in force until three (3)
years from the date of execution, subject to the provisions for termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the
City.
4.0 INSURANCE REQUIREMENTS
See Exhibit “B” attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE
NEGOTIATION ACT (CCNA) – Florida Statue 287.055
Professional Services requested in this RFP are within the scope of the practice of
architecture or landscape architecture, as defined by the laws of the State of Florida.
Provisions of F.S. 287.055 apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, etc., supplied
by the ENGINEER shall become the property of the City. The City acknowledges that
such documents are not intended or represented to be suitable for use by the City or to
others for purposes other than those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by the ENGINEER and/or
ARCHITECT for the specific purpose intended will be at the City’s sole risk without
liability or legal exposure to the ENGINEER and/or ARCHITECT.
Attachment number 2
Page 3 of 16
6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of
probable construction costs, following City approval of the bid documents and other pre-
bid activities. The City hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed, as a promise that
designed facilities will not exceed a cost limitation.
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental agreement will be negotiated
between the City and the ENGINEER and/or ARCHITECT describing the services
desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER and/or ARCHITECT’S written request, the City will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and/or ARCHITECT and City mutually deem necessary.
6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their
successors, legal representatives and assigns to the other party to this Agreement and to
the partners, successors, legal representatives and assigns of each other party, in respect
to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold
harmless the City from all claims, demands, liabilities and suits caused by any negligent
act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER’S and/or
ARCHITECT’S subcontractors, agents, or employees in rendering the professional
services called for herein. It is specifically understood and agreed, however, that this
indemnification agreement does not cover or indemnify the City for its own negligence.
The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save,
and hold harmless the City from any and all fines, costs, and expenses caused by, directly
or indirectly, with the ENGINEER’S and/or ARCHITECT’S failure to comply with any
applicable laws, statutes, ordinances, or government regulations.
6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or
persons in the employ of the City to an allied capacity, on either a full or part-time basis,
on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from
the projects until alternate personnel acceptable to the City are approved in writing by the
City.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
Attachment number 2
Page 4 of 16
7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER’S and/or ARCHITECT’S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit “C”.
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each
month. Such invoices shall be due and payable upon receipt.
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll
records and expenditures in connection with hourly rate and cost plus fixed fee work
assignments upon request of the City.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the ENGINEER
and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed
to pay any persons, company, corporation, individual or firm, other than a bona fide
employee working for the ENGINEER and/or ARCHITECT any fee, Council,
percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
9.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of outstanding Work Orders for all work performed up to the date of
termination.
10.0 SUSPENSION, CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
City, without affecting any other Work Order or this Agreement, the ENGINEER and/or
ARCHITECT shall be given five (5) days prior written notice of such action and shall be
compensated for professional services provided up to the date of suspension, cancellation
or abandonment.
This agreement shall be administered and interpreted under the laws of the State of
Florida.
Attachment number 2
Page 5 of 16
11.0 TERMINATION OF CONVENIENCE
Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at
any time by giving written notice to the other of such termination and specifying the
effective date of such termination at least thirty (30) days before said termination date. If
the Agreement is terminated by the City as provided herein, the ENGINEER and/or
ARCHITECT will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date and year first above written.
________________________________
By: ____________________________
WITNESS:
By: ____________________________
Countersigned: CITY OF CLEARWATER
___________________________ By: _____________________________
Frank Hibbard William B. Horne, II
Mayor-Council Member City Manager
Approved as to form and ATTEST:
Correctness:
___________________________ By: ____________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2
Page 6 of 16
EXHIBIT “B”
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for services and/or products of other
parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s
interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be
included in agreements and contracts.
CITY DEFINED
The term “City” (wherever it may appear) is defined to mean the City itself, its Council, the
Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created
pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies,
officers, employees, volunteers, representatives and agents.
OTHER PARTY DEFINED
The term “other party” (wherever it may appear) is defined to mean the other person or entity which is
a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees,
volunteers, representatives, agents, contractors, and subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement
or contract unless such claims are a result of the City’s sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay the cost of the City’s legal defense, as
may be selected by the City, for claims or suits arising from the fault of the other party or other
persons employed or utilized by the other party in the performance of the contract.
Attachment number 2
Page 7 of 16
Such payment on behalf of the City shall be in addition to any and all other legal remedies available to
the City and shall not be considered to be the City’s exclusive remedy.
INSURANCE
The other party shall provide the following described insurance, except for coverage’s specifically
waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the other party. The City does not
represent these types or amounts of insurance to be sufficient or adequate to protect the other party’s
interests or liabilities, but are merely minimum.
Except for Workers’ Compensation and Professional Liability, the other party’s insurance policies
shall be endorsed to name the City as an additional insured to the extent of the City’s interests arising
from this contract or agreement.
Except for Workers’ Compensation, the other party waives its right of recovery against the City, to the
extent permitted by its insurance policies.
The other party shall request that its insurers’ policies include or be endorsed to include a severability
of interest/cross liability provision so the City will be treated as if a separate policy were in existence
without increasing the policy limits.
The other party’s deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. The other
party is responsible for the amount of any deductible or self-insured retention.
Workers’ Compensation Coverage
The other party shall purchase and maintain Workers’ Compensation Insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least $100,000 each
accident and 100,000 each employee/$500,000 policy limit for disease.
The other party shall also purchase any other coverage’s required by law for the benefit of the
employees.
General, Automobile and Excess or Umbrella Liability Coverage
The other party shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial or Comprehensive General Liability and Business Auto policies of the
Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella
insurance making up the difference, if any, between the policy limits of underlying policies (including
employers liability required in the Workers’ Compensation Coverage section) and the total amount of
coverage required.
Attachment number 2
Page 8 of 16
Commercial General Liability
If Commercial General Liability coverage is provided:
Coverage “A”: Shall include premises, operations, products and
completed operations, independent contractors, contractual liability covering this
agreement or contract, and broad form property damage coverage’s.
Coverage “B”: Shall include personal injury.
Coverage “C”: Medical payments are not required.
Occurrence Form:
The occurrence form of Commercial General Liability must be provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall include at least:
• Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property damage
resulting from explosion, collapse or underground (x,c,u) exposures.
• Broad Form Comprehensive General Liability coverage, or its equivalent, with at
least: $1,000,000.00
• Broad form contractual liability covering this agreement or contract, personal
injury liability and broad form property damage liability.
Products/Completed Operations Coverage
The other party is required to continue to purchase products contract or agreement, for a minimum of
three years (3) beyond the City’s acceptance of renovation or construction projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising out of
operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and
employee non-ownership use.
Watercraft/Aircraft Liability
If the other party’s provision of services involves utilization of watercraft or aircraft, watercraft
and/or aircraft liability coverage must be provided to include bodily injury and property damage
Attachment number 2
Page 9 of 16
arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-
owned and hired.
Excess or Umbrella Liability
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage’s.
CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified at least thirty (30) days in advance of cancellation or non-renewal. Consultant shall be
required to provide City with notice of any adverse change. New Certificates of Insurance are to be
provided to the City at least fifteen (15) days prior to coverage renewals.
If requested by the City, the other party shall furnish complete copies of the other party’s insurance
policies, forms, and endorsements.
The address where all such Certificates of Insurance and policies of insurance, when requested, shall
be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 33758-4748
For Commercial General Liability coverage, the other party shall, at the option of the City, provide
an indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, that indicate less coverage than required does not constitute a
waiver of the other party’s obligation to fulfill the insurance requirements herein.
INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of the other party shall be considered
primary, and insurance of the City shall be considered excess, as may be applicable to claims
that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance
and Certificates of Insurance provisions of this agreement or contract.
LOSS CONTROL / SAFETY
Precaution shall be exercised at all times by the other party for the protection of all persons,
including employees, and property. The other party shall be expected to comply with all applicable
Attachment number 2
Page 10 of 16
laws, regulations, or ordinances related to safety and health and shall make special efforts where
appropriate to detect hazardous conditions and shall take prompt action where loss control/safety
measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to persons
or property. The other party acknowledges that such stoppage will not shift responsibility for any
damages from the other party to the City.
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF
Applicable to Florida Construction Contracts
The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the
consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance
and Certificates of Insurance provisions in this agreement or contract.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
work being performed.
Commercial General Liability Increased General Aggregate Limit
The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is
greater than the occurrence limit simply because it is an annual aggregate limit.
Installation Floater Insurance
Installation Floater insurance is to be provided to cover damage or destruction to equipment being
installed or otherwise being handled or stored by the other party. The amount of coverage should be
adequate to provide full replacement value of the equipment being installed, otherwise being handled
or stored on or off premises. All risks coverage is preferred.
Motor Truck Cargo Insurance
If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck
Cargo or Transportation insurance is to be provided for materials or equipment transported in the
other party’s vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
Contractor’s Equipment Insurance
Contractor’s Equipment insurance is to be purchased to cover loss of equipment and machinery
utilized in the performance of work by the other party. All risks coverage is preferred.
Attachment number 2
Page 11 of 16
Fidelity/Dishonesty Insurance – Coverage for Employer
Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party’s
employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.;
especially property necessary to work performed.
Fidelity/Dishonesty/Liability Insurance – Coverage for City
Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the
other party’s employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insurance for renovation or construction
contracts, in addition to required coverage’s previously cited, including Additional Insurance for
Repair or Service or Other Contract.
_____ Commercial General Liability Project Aggregate
Because the Commercial General Liability form of coverage includes an annual
aggregate limitation on the amount of insurance provided, a separate project aggregate
limit is required by the City for this contract or agreement.
______ Owners Protective Liability
For renovation or construction contracts the other party shall provide for the City an
Owners Protective Liability insurance policy (preferably through the other party’s
insurer) in the name of the City.
______ Builders Risk
Builders Risk insurance is to be purchased to cover the property for all risks of loss,
subject to a waiver of coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance previously described if such
coverage’s are not separately provided.
The Builders Risk insurance is to be endorsed to cover the interests of all parties,
including the City and all contractors and subcontractors. The insurance is to be
endorsed to grant permission to occupy.
Attachment number 2
Page 12 of 16
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
__X___
Hold Harmless
The City shall be held harmless against liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney’s fees, to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of the design professional and other
persons or entities employed, controlled, or utilized by the design professional in the
performance of the contract.
The City shall also be held harmless against all claims for fines, costs, expenses caused
by, directly or indirectly, by the design professional and other persons or entities
employed, controlled, or utilized by the design professional that failed to comply with
any applicable laws, statutes, ordinances, or government regulations, and against other
persons’ financial loss with respect to the provision of or failure to provide professional
or other services resulting in the design professional’s professional, malpractice, errors,
or omissions giving rise to liability from the performance of the agreement or contract..
It is specifically understood and agreed, however, that this indemnification/hold
harmless agreement does not cover or indemnify the City for its own negligence.
___X__
Professional Liability/Malpractice/Errors or Omissions Insurance
The other party shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for the type of business engaged in by the
other party with minimum limits of $1,000,000 per occurrence.
If a claim’s made form of coverage is provided, the retroactive date of coverage shall
be no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that any new policy provide a
retroactive date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to enter into a written agreement,
contract, or purchase order with the City that incorporates, either in writing or by reference, all of the
pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to
do so, may, at the sole discretion of the City, disqualify any party from performing services or selling
products to the City provided; however, the City reserves the right to waive any such requirements.
Attachment number 2
Page 13 of 16
EXHIBIT “C”
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay ENGINEER AND/OR ARCHITECT and the ENGINEER AND/OR
ARCHITECT agrees to accept as full compensation for its services (as established by Work
Order) compensation as computed by one of the following methods:
Method “A” – Costs Times Multiplier Basis –
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost x Multiplier + Sub-consultant Cost + Other Direct Costs.
Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Sub-consultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based
on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00. Receipts will be required for
any single item with a cost of $50.00 or greater or cumulative monthly expenses greater than
$100.00
Method “B” – Lump Sum –
Compensation in the form of “lump sum” shall be determined by mutual agreement between the
ENGINEER AND/OR ARCHITECT and the City. The lump sum amount shall be negotiated
based upon a scope of services developed by the ENGINEER AND/OR ARCHITECT and
approved by the City.
ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD,
FRINGE BENEFITS AND OPERATING MARGIN)
Attachment number 2
Page 14 of 16
The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are
anticipated and modification can be made annually upon City and ENGINEER AND/OR
ARCHITECT review. (Note: All rates are hourly salary rates).
CITY OF CLEARWATER ARCHITECT OF RECORD RFQ 14-11
2011 DIRECT HOURLY RATES
Job Classification
Minimum
Rate
($ / hour)
Typical
Maximum
President
Vice President/Officer-in-Charge
Project Manager/Associate Principal
Senior Architect
Architect
Landscape Architect
Field Technician
Senior Designer
Drafter/CADD Operator
Field Technician
Fiscal/Accounting
Administrative/Clerical
Operations Specialist
MULTIPLIER: .
Attachment number 2
Page 15 of 16
________________________________________
CONSULTANT
Attachment number 2
Page 16 of 16
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Award contracts (purchase orders) to Siemens Industry Inc., of Tampa, FL, in the amount of $9,861,759.00, for design, construction,
inspection and construction management for the Public Utilities Performance Based Contract Project (City Project 08-0048-UT);
$231,707.00 for Performance Assurance Services Program during the term of the main contract; $2,909,619.00 for Maintenance
Services Program for a ten- year period and authorize the appropriate officials to execute same.
SUMMARY:
The City of Clearwater (City) solicited responses from prequalified Energy Services Companies (ESCO) in December of 2008
with the intent of selecting a firm to perform a Performance Based Contract where the City of Clearwater realizes energy
savings through implementation of capital improvements projects at its existing Water Reclamation Facilities (WRF).
Siemens was selected by a committee of city staff based upon their submittals of qualifications and presentation specific to the
City. A preliminary agreement was executed that allowed for a formal audit of the City’s three WRF’s, (Marshall Street,
Northeast and East) that determined those projects that were viable for inclusion in the resulting proposed contract. The cost of
the audit ($94,386) is included in the contract.
The scope of work in the contract includes funding the remaining design efforts, permitting and construction of nine separate
projects including; lighting improvements at three plants, mixer replacements at two plants, dewatering improvements at two
plants, odor control at Northeast and power generation using Methane capture at the Northeast plant. All projects result in
various levels of savings in terms of energy, chemical costs and/or operational costs. The savings less those costs to be
incurred for measurement and verification, (performance assurance) and technical service packages have been incorporated
into the city’s rate study and operational budget. If the goals identified in the agreement are not met, Siemens covers the
shortfall. If the goals identified are exceeded, the City retains the financial benefit.
The design and construction costs are to be paid in year one in accordance with the payment schedule in Exhibit B of the
contract, with the performance assurance costs paid on an annual basis over the fifteen-year term of the Performance
Contract. Those annual costs start at $12,458 and escalate to $18,844 over fifteen years for the total cost of $231,707. The
Maintenance Services Program costs are to be paid over ten years starting at $253,197 and escalating to $330,365 annually for
a total of $2,909,619. The services program is detailed in Exhibit A of the contract and provides for specific maintenance of the
power generator, fuel-gas conditioning system (methane) and the new Fats, Oils and Grease system. This program is not
contractually obligated for renewal after year one if the City deems the costs to be in excess of the benefits. The performance
assurance costs and Maintenance Services Program costs will be includedin the Public Utilities O&M budgets for the
corresponding fiscal years.
The project total includes $2,959,683 worth of Owner Direct Purchased equipment resulting in a tax savings valued at
$178,030.98.
Project design and construction duration is expected to be 15 months with completion by October of 2012. The term of the
contract is 15 years over which timethe savings realized by the improvements are to exceed the costs including debt service
every year making the entire project revenue neutral.
In accordance with the Interlocal agreement between the City of Clearwater and the City of Safety Harbor for Sewer Treatment
Services, Safety Harbor will share in costs incurred for improvements made at the Northeast Water Reclamation Facility.
Those costs are determined per the interlocal agreement on a pro rata share related to capacity reserved for treatment. For this
project, the share of costs that will be reimbursed by Safety Harbor totals $2,008,419.00.
Type:Capital expenditure
Current Year Budget?:NoBudget Adjustment:Yes
Cover Memo
Budget Adjustment Comments:
See attachment
Current Year Cost:$9,861,759.00 Annual Operating Cost:
Not to Exceed:$13,003,085.00 Total Cost:$13,003,085.00
For Fiscal Year:2010 to 2011
Appropriation CodeAmountAppropriation Comment
0376-96615-563800-535-
000-0000
$ 600,889.78See attachment
0376-96621-563800-535-
000-0000
$2,802,476.54See attachment
0376-96654-563800-535-
000-0000
$2,677,907.40See attachment
0327-96654-563800-535-
000-0000
$2,059,174.08See attachment
0315-96654-563800-535-
000-0000
$1,113,173.52See attachment
Bid Required?:Yes Bid Number:08-0048-UT
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Engineering 5) Engineering 6) Financial
Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) City Manager 12) Clerk
Cover Memo
Page 1 of 17
PERFORMANCE CONTRACTING AGREEMENT
between
City Of Clearwater, Florida
And
Siemens Industry, Inc.,
Building Technologies Division
TABLE OF ARTICLES
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work by SIEMENS
6. The CLIENT’S Responsibilities
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
12. Miscellaneous Provisions
13. Maintenance Services Program
Attachment number 1
Page 1 of 18
PERFORMANCE CONTRACTING AGREEMENT
Page 2 of 18
Agreement – CUSTOM PCA-100 PUBLIC version 2009R
SII-BTD Job Number:
Article 1
AGREEMENT
THIS PERFORMANCE CONTRACTING AGREEMENT (“Agreement”) is made this day of June, 2011 (the “Effective
Contract Date”, defined below), by and between Siemens Industry, Inc., Building Technologies Division (“SIEMENS”) and the
party identified below as the CLIENT.
The CLIENT: City Of Clearwater, Florida
100 South Myrtle Avenue
Clearwater, FL 33756
DESIGNATED REPRESENTATIVE: Tara Kivett
PHONE: 727-562-4758 FAX: 727-562-4755
Siemens Industry, Inc., Building Technologies Division
1000 Deerfield Parkway
Buffalo Grove, Illinois 60089
With offices at: 8403 Benjamin Road, Suite F
Tampa, FL 33634
DESIGNATED REPRESENTATIVE: Alan Beer
PHONE: (813) 541-5111 FAX: (866) 456-8739
For Work and Services in connection with the following project (the “Project”): City of Clearwater Energy
Performance Services for the East, Northeast, and Marshall Street Wastewater Treatment Plants
The CLIENT considered performing the following FIMs but at this time, has determined to exclude them from the
Scope of Work and Services, Exhibit A:
Northeast UV, Marshall Street UV, East UV, Solar, and Ground Water Recharge
Articles and Attachments
This Agreement consists of this document, which includes the following articles and exhibits which are acknowledged by the
CLIENT and SIEMENS and incorporated into the Agreement by this reference:
Articles
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work BY SIEMENS
6. The CLIENT’S Responsibilities
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
Attachment number 1
Page 2 of 18
PERFORMANCE CONTRACTING AGREEMENT
Page 3 of 18
Agreement – CUSTOM PCA-100 PUBLIC version 2009R
12. Miscellaneous Provisions
13. Maintenance Services Program
Exhibits
Exhibit A Scope of Work and Services
Exhibit B Payment Schedule(s)
Exhibit C Performance Assurance
Exhibit D Owner Direct Purchase Procedure
Exhibit E Detailed Energy Audit (dated May 21, 2010, updated January 31, 2011)
This Agreement, when executed by authorized representatives of the CLIENT and SIEMENS, constitutes the entire,
complete and exclusive agreement between the Parties relative to the project scope stated in Exhibit A. This Agreement
supersedes all prior and contemporaneous negotiations, statements, representations, agreements, letters of intent,
awards, or proposals, either written or oral relative to the same, and may be modified only by a written instrument signed
by both Parties.
COMPENSATION/TERMS OF PAYMENT:
As full consideration for the performance of the Work and Services set forth in Exhibit A, and for the Performance Assurance
set forth in Exhibit C, the CLIENT shall pay SIEMENS in such manner and amounts as agreed to in Exhibit B.
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1
Page 3 of 18
PERFORMANCE CONTRACTING AGREEMENT
Page 4 of 18
Agreement – CUSTOM PCA-100 PUBLIC version 2009R
Article 2
Glossary
The following terms shall for all purposes have the meanings stated herein, unless the context otherwise specifies or
requires, or unless otherwise defined in the Agreement:
“Acceptance” means the CLIENT has signed, or is deemed to have signed, a Certificate of Substantial Completion.
“Acceptance Date” means the date on which the CLIENT signs or is deemed to have signed a Certificate of Substantial
Completion.
“Annual Performance Assurance Report” means the document prepared by SIEMENS and submitted to the CLIENT as
part of the Performance Assurance Service Program, which identifies the Savings achieved for the applicable Annual Period.
“Annual Period” means a twelve (12) month period beginning on the Guarantee Date or on any anniversary date thereof.
“Annual Realized Savings” means the Savings achieved by the CLIENT during an Annual Period, calculated as the sum of
the Measured & Verified Savings plus the Stipulated Savings.
“Applicable Law” means the laws, ordinances, codes, rules and regulations applicable to the Work and in effect on the
Effective Contract Date.
“Baseline” means the measurements of Facility energy usage taken prior to the Effective Contract Date, and the Facility
operating practices in effect prior to the Effective Contract Date, as set forth in the Performance Assurance, Exhibit C.
“Baseline Period” means the period of time from which data is provided to SIEMENS to derive the Baseline
measurements. The Baseline Period is set forth in the Performance Assurance, Exhibit C.
“BTU” means a British Thermal Unit and is a unit of thermal energy.
“Capital Off-Set Savings” means a sub-category of Operational Savings where Savings will result in a cost effective
upgrade to the Facility to address one or more of the following issues; potential future increased costs, comfort, code non-
compliance, usage requirements, user needs and/or expectations.
“Certificate of Substantial Completion” means the document indicating that the Work, or a designated portion of the
Work, is Substantially Complete in accordance with the Agreement.
“CLIENT Representative” means the person identified to SIEMENS by the CLIENT as the person authorized to make
decisions on behalf of the CLIENT as set forth in Section 6.1(a) hereof.
“Construction Period” means the period between the Effective Contract Date and the first day of the month following the
date of Substantial Completion.
“Construction Period Savings” means the accumulated Measured & Verified Savings plus the Stipulated Savings
achieved from the Effective Contract Date until the Guarantee Date.
“Contracted Baseline” means the post-FIM-implementation Facility operating profile based on parameters described in
Exhibit C, which the CLIENT shall maintain throughout the Performance Guarantee Period and are relied upon by SIEMENS
for the calculation of Guaranteed Savings as provided in the Performance Assurance, Exhibit C. The Contracted Baseline
must also include stipulated hours of operation and plug-loads for all Facilities, and must include stipulated blended, or non-
blended, utility rates.
“Deferred Maintenance” means a sub-category of Operational Savings where Savings results from a reduction of current
or potential future repair and maintenance costs due to certain work being performed hereunder where such work had been
previously postponed.
“Deliverable” means a report or drawing specifically prepared for and deliverable to the CLIENT.
Attachment number 1
Page 4 of 18
PERFORMANCE CONTRACTING AGREEMENT
Page 5 of 18
Agreement – CUSTOM PCA-100 PUBLIC version 2009R
“Effective Contract Date” is the date appearing at the top of this Agreement, unless specifically indicated otherwise.
“Energy Conservation Measure” or “ECM” means the equipment, devices, materials and/or software as installed by
SIEMENS at the Facilities, or as repaired or replaced by the CLIENT hereunder, for the purpose of improving the efficiency
of utility consumption.
“Equipment” means the installed products to be provided by SIEMENS as described in the Scope of Work and Services,
Exhibit A.
“Escalation Rate” means an annual percentage increase to be applied to the previous year’s energy savings, operational
savings and service pricing, beginning and occurring on dates outlined in the Performance Assurance, Exhibit C. A different
Escalation Rate may be applied to differing Savings calculations and/or payment schedules depending on the percentage
agreed upon by the Parties.
“Facility” or “Facilities” means the building(s) or structure(s) where Work will be installed or implemented.
“Facility Improvement Measures” or “FIMs” means the methods, techniques, application of know-how, installation of
devices or otherwise, described in the Scope of Work and Services, Exhibit A, that are undertaken by SIEMENS as a result
of this Agreement with the intent of generating net savings or efficiencies at or in connection with the operation of the
Facilities, including one or multiple ECMs as well as any non-conservation-related activities, means or methods.
“FEMP” means the Federal Energy Management Program managed by the United States Department of Energy.
“FEMP Guidelines” means the FEMP M&V Guidelines v. 3.0 published by FEMP as M&V Guidelines; Measurement and
Verification for Federal Energy Management Projects.
“Guarantee Date” means the first day of the month following the date on which the CLIENT executes the final Certificate of
Substantial Completion, thus indicating that the Construction Period is complete.
“Guaranteed Annual Savings” are the Guaranteed Measured & Verified Savings plus the Stipulated Savings that
SIEMENS guarantees will occur in an Annual Period of the Performance Guarantee Period.
“Guaranteed Measured & Verified Savings” means the Measured & Verified Savings that SIEMENS guarantees will be
achieved, as described in the Performance Assurance, Exhibit C.
“Guaranteed Savings” means the amount of Savings that SIEMENS guarantees will be achieved at the Facility during the
Performance Guarantee Period. as identified in the Performance Assurance, Exhibit C as subject to the limitation identified in
Section 4.8.
“Hazardous Materials” refers to the definition found in Section 11.1.
“Instruments” means all reports, notes, calculations, data, drawings, estimates, specifications, manuals, documents, all
computer programs, codes and computerized materials prepared by or for SIEMENS, excluding Deliverables.
“IPMVP” means the International Performance Measurement and Verification Protocol, Volume 1, EVO 10000-1.2007 as
prepared by the Efficiency Valuation Organization.
“kW” and “kWh” means kilowatt and kilowatt hour, respectively.
“Maintenance Services Program” or “MSP” means the Services performed by SIEMENS to maintain the Equipment in
good working order. The MSP may also contain Services unrelated to the maintenance of the Equipment. If applicable, the
MSP is more fully described in the Scope of Work and Services, Exhibit A.
“Material Change” means a measurable deviation in the Contracted Baseline such that there is an adverse impact on the
Annual Realized Savings which results or will result in a Savings Shortfall.
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“Measured & Verified Savings” means those Savings that can be calculated and ascertained by the methodology set forth
in the Performance Assurance, Exhibit C.
“Oil” refers to the definition found in Section 11.1.
“Operational Savings” means Savings derived from reduced operational expenses, including but not limited to, Deferred
Maintenance, or Capital Off-Set Savings. Operational Savings can only be expressed in monetary value and are Stipulated
Savings.
“Parties” means the CLIENT and SIEMENS.
“Performance Assurance” is the process of ascertaining whether the FIMs are performing at the level necessary to
achieve the Guaranteed Savings.
“Performance Assurance Services Program” or “PASP” means the Services required to monitor the operation of the
FIMs so that SIEMENS can provide the Annual Performance Assurance Report detailing the Annual Realized Savings and,
where applicable, the Accumulated Realized Savings, and comparing the same to the Annual Guaranteed Savings and,
where applicable, the Guaranteed Accumulated Savings based upon the calculations agreed to by the Parties in the
Performance Assurance, Exhibit C. The Services provided under the PASP are described in the Scope of Work and
Services, Exhibit A.
“Performance Guarantee” means the guarantee that SIEMENS makes to the CLIENT which is reconciled and confirmed
through the Performance Assurance process set forth in the Performance Assurance, Exhibit C.
“Performance Guarantee Period” means the timeframe from the Guarantee Date to the last day of the final Annual Period
as described in Table 1.1 of the Performance Assurance, Exhibit C, or the period from the Guarantee Date until the
termination of this Agreement, whichever occurs earlier.
“Permitted Users” means the CLIENT, its employees and agents.
“Savings” means the Parties’ intended result from implementing all FIMs. Savings can be derived from reductions in
energy or utility consumption, reductions in operating expenses, a changed utility rate classification, or a combination
thereof. The Savings that are achieved from reduced energy or utility consumption are converted to a dollar figure based
upon the calculation in Article 4.1.1 and as detailed in the Performance Assurance, Exhibit C. When converted to a dollar
figure, these Savings become energy cost savings. Operational Savings are only expressed in a dollar figure.
“Savings Shortfall” means the Annual Realized Savings less the Guaranteed Annual Savings for the Annual Period
resulting in an amount less than zero.
“Services” means those services to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A.
“Stipulated Savings” are a sub-category of Guaranteed Savings that do not require post-FIM implementation measurement
and verification because they are Operational Savings as agreed upon by the Parties based upon representations made to
SIEMENS by the CLIENT. As such, Stipulated Savings are agreed upon in advance by the Parties and cannot be changed.
The Stipulated Savings for each Annual Period, along with the corresponding Escalation Rate, if applicable, are set forth in
the Performance Assurance, Exhibit C.
“Substantial Completion” or “Substantially Complete” means the Work, or any identifiable portion thereof, is
sufficiently complete, in accordance with the provisions of this Agreement relating to the Scope of the Work and Services,
Exhibit A, such that the CLIENT will be able to realize from such Work substantially all of the practical benefits intended to
be gained therefrom, or otherwise employ the Work or the FIMs for their intended purposes. To the extent that the Work
requires multiple Acceptances, the Work’s final Substantial Completion date shall determine the Guarantee Date.
“Therm” is a measure of energy equal to 100,000 BTUs.
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“Total Guaranteed Savings” means the sum of the Savings that are guaranteed for all Annual Periods during the
Performance Guarantee Period (inclusive of the Construction Period, if applicable). The Total Guaranteed Savings are
reflected in Tables 1.1 and 1.2 in the Performance Assurance, Exhibit C.
“Work” means collective labor, Equipment and services comprising the FIMs to be performed by SIEMENS, as described in
the Scope of Work and Services, Exhibit A.
Article 3
General
3.1 The Parties hereto acknowledge and agree that this Agreement has been negotiated at arm’s length and among the
Parties equally sophisticated and knowledgeable as to the subject matter of this Agreement. Each party has conferred,
or has had the opportunity to confer, with their respective legal counsel. Accordingly, in the event any claim is made
relating to any conflict, omission, or ambiguity in this Agreement, no presumption, burden of proof, or persuasion shall
be implied by virtue of the fact that this Agreement was drafted by or at the request of a particular party or its legal
counsel.
3.2 The CLIENT hereby engages and SIEMENS hereby accepts the engagement to perform and to provide the Work and
Services set forth in Exhibit A in accordance with the terms and conditions of this Agreement.
3.3 SIEMENS shall perform the Work as an independent contractor with exclusive control of the manner and means of
performing the Work in accordance with the requirements of this Agreement. SIEMENS has no authority to act or make
any agreements or representations on behalf of the CLIENT. This Agreement is not intended, and shall not be construed
to create, between the CLIENT and SIEMENS, the relationship of principal and agent, joint-venturers, co-partners or any
other such relationship, the existence of which is hereby expressly denied. No employee or agent of SIEMENS shall be,
or shall be deemed to be, an employee or agent of the CLIENT.
3.4 SIEMENS represents, warrants and covenants to the CLIENT that:
(a) It has all requisite corporate power to enter into this Agreement, and that its execution hereof has been duly
authorized and does not and will not constitute a breach or violation of any of SIEMENS’ organizational
documents, any Applicable Law, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of SIEMENS, in accordance with its terms, and all
requirements have been met and procedures have been followed by SIEMENS to ensure the enforceability of
the Agreement;
(d) To SIEMENS’ best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against or
affecting SIEMENS that affects the validity or enforceability of this Agreement; and,
(e) It is duly authorized to do business in all locations where the Work and Services are to be performed.
3.5 The CLIENT represents, warrants and covenants to SIEMENS that:
(a) It has all requisite corporate power and/or statutory authority to enter into this Agreement, and that its execution
hereof has been duly authorized and does not and will not constitute a breach or violation of any of the
CLIENT’S organizational documents, any Applicable Law, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of the CLIENT, in accordance with its terms, and all
requirements have been met and procedures have been followed by the CLIENT to ensure the enforceability of
the Agreement;
(d) To the CLIENT’S best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against
or affecting the CLIENT that affects the validity or enforceability of this Agreement; and,
(e) The CLIENT has consulted with its legal counsel and is relying on the advice of its counsel concerning all legal
issues related to this Agreement, and is not relying on SIEMENS in this regard.
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Article 4
Performance Guarantee
4.1 The Annual Realized Savings generated during each Annual Period will be no less than the Guaranteed Annual Savings
as shown in Tables 1.1 and 1.2 of the Performance Assurance, Exhibit C, subject to the limits in Section 4.8. The
measurement and verification calculation methodology for determining the Measured & Verified Savings is set forth in
the Performance Assurance, Exhibit C.
4.1.1 General. Except as otherwise provided, energy savings will be calculated for each month of each
Annual Period as the product of (a) “units of energy saved” (kWh, Therms, GJ, etc.) multiplied by (b) “cost of
energy.”
(a) Units of energy saved are calculated by 1) assuming the Contracted Baseline has been maintained per
Section 4.3 below, and 2) subtracting the then current period measured units of energy consumed from the
Baseline units of energy defined in Article 5 of Exhibit C.
(b) Costs of energy are defined in Article 6 of Exhibit C, Utility Rate Structures and Escalation Rates.
4.2 Any future escalation factors to be applied to utility, energy or other costs are set forth in Exhibit C. SIEMENS and the
CLIENT agree that the Baseline data set forth in Exhibit C is a full and accurate reflection of the existing Facility,
equipment, operation, business use and energy usage, and that such Baseline data will be the basis on which all future
energy use will be compared in order to determine the Annual Realized Savings.
4.3 SIEMENS and the CLIENT agree that the Contracted Baseline fully described in Exhibit C will represent the new
operating and/or equipment profile of the Facility resulting from the FIM implementation. The Performance Guarantee is
dependent upon and is subject to the express condition that the CLIENT operates and maintains its Facilities within the
Contracted Baseline parameters, as may be adjusted in accordance with the terms herein, during the entire term of the
Performance Guarantee Period.
4.4 The CLIENT agrees to notify SIEMENS prior to or within 30 days of CLIENT’S knowledge of any Material Change.
4.5 Within 30 days of notice of a Material Change, SIEMENS’ discovery of a Material Change, and with prompt notice to
CLIENT, SIEMENS will either:
(a) Require an adjustment to the Performance Assurance and the Performance Guarantee as a result of the
Material Change; or,
(b) Where a commercially reasonable adjustment to the Performance Guarantee is unavailable, terminate both the
Performance Assurance and the Performance Guarantee.
4.6 Performance Guarantee Period savings reconciliation as identified in Section 4.1 will be performed at the end of each
Annual Period as follows:
(a) Within ninety (90) days of the Guarantee Date, the Construction Period Savings, if applicable, shall be
reconciled and applied to the calculation of the first Annual Period’s Annual Realized Savings.
(b) At the conclusion of each Annual Period, SIEMENS will calculate the Annual Realized Savings and compare the
calculated amount to the applicable Guaranteed Annual Savings amount.
(c) Where the Annual Realized Savings are less than the Guaranteed Annual Savings, a Savings Shortfall
shall be recorded for the applicable Annual Period.
(d) A Savings Shortfall shall be paid by SIEMENS within sixty (60) days following the CLIENT’S acceptance of the
reconciliation and once paid SIEMENS shall have fulfilled its obligations under the Performance Guarantee for
the applicable Annual Period.
4.6.1 As the mutual goal of the Parties is to maximize Savings, if SIEMENS can correct a Savings Shortfall through
an operational improvement (without impairing the CLIENT’S ability to meet its responsibilities as outlined in
Article 6 or maintain the Facilities’ Contracted Baseline as outlined in Article 7 of Exhibit C) at no expense or
material inconvenience to the CLIENT and with no future operational expenses, and the CLIENT declines to
allow such operational improvement, then any future Savings Shortfall that the improvement would have
corrected will be negated by deeming the value of the Savings Shortfall as Savings achieved and adding the
amount of same to the Annual Realized Savings calculations for each Annual Period thereafter.
4.7 The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT maintains the
PASP during the entire Performance Guarantee Period. If the CLIENT fails to maintain, breaches, cancels or otherwise
causes the termination of the PASP then; (a) The Performance Guarantee shall terminate immediately and be void and
of no force or effect; or, (b) Where termination of the Performance Guarantee would render the Agreement in violation of
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Applicable Law, all Guaranteed Savings thereafter shall be determined to have been achieved and SIEMENS shall have
been deemed to have met its Performance Guarantee obligations under this Agreement for each and every Annual
Period thereafter without the obligation to provide the CLIENT, or any third-party as the case may be, with any further
Annual Performance Assurance Reports.
4.8 The payments and credits based on Savings Shortfalls, if any, are the sole remedy of the CLIENT for this Performance
Guarantee. ANY PAYMENTS MADE OR TO BE MADE TO THE CLIENT UNDER THE TERMS OF THIS
PERFORMANCE GUARANTEE SHALL NOT EXCEED THE PAYMENTS ACTUALLY MADE BY CLIENT TO EITHER
SIEMENS AND/OR A THIRD-PARTY (IN THE EVENT THAT THE CLIENT HAS FINANCED THE TRANSACTION)
FOR THE AGGREGATE OF: THE PRICE, AS DEFINED IN EXHIBIT B, ARTICLE 1.1; THE PASP PAYMENTS; THE
MSP PAYMENTS, IF ANY; AND, IF APPLICABLE, THE CLIENT’S COST OF FINANCING THE WORK. The CLIENT’S
cost of financing the Work is the cost of financing calculated either: (a) On the date that the escrow account is funded in
accordance with Exhibit B, Article 1.2; or, (b) On the Effective Contract Date if the escrow requirement is expressly
waived by SIEMENS.
4.9 The CLIENT represents that all existing equipment that is not installed by SIEMENS under this Agreement but is
deemed necessary to achieve the Performance Guarantee, is in satisfactory working condition. Prior to the
beginning of the Performance Guarantee Period, SIEMENS will have inspected all such existing equipment and
reported any deficiencies to the CLIENT. To the extent that the deficiencies are not remedied by the CLIENT
prior to the Guarantee Date, the adverse affect on the ability of the Project to attain the necessary Guaranteed
Savings shall be factored into the Annual Performance Assurance Report and, if necessary, the Performance
Guarantee shall be adjusted accordingly.
4.10 If the Equipment or the existing equipment which has a material impact on the performance of the Equipment is altered
or moved by any person (including the CLIENT) other than SIEMENS or a person authorized by SIEMENS, the CLIENT
shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if
necessary a re-commissioning of, the system. If the reacceptance testing establishes that the CLIENT’S actions have
resulted in a Material Change, CLIENT shall compensate SIEMENS for expenses associated with the reacceptance test
and re-commissioning.
4.11 SIEMENS will have no liability or obligation to continue providing PASP Services or any Guaranteed Savings in
connection with materially-impacted FIMs under the Performance Guarantee in the event that the CLIENT fails to:
(a) Authorize a re-acceptance test or re-commissioning that SIEMENS reasonably deems necessary in order to
determine if a Material Change has occurred;
(b) Provide access to any Facility where Work is to be performed;
(c) Service and maintain all Equipment in accordance with the manufacturers’ recommendations in order to prevent
a Savings Shortfall; or,
(d) Provide SIEMENS with accurate Facility operating information as soon as such information becomes reasonably
available to the CLIENT, including energy usage and cost, executed preventive maintenance and repair records,
building or equipment additions, and occupancy levels during each Annual Period.
4.12 Unless expressly contrary to law, should the CLIENT decide to discontinue the PASP before the end of the
Performance Guarantee Period, the CLIENT will give SIEMENS thirty (30) days prior written notice, and CLIENT
will compensate SIEMENS for documented costs incurred up to the date of receipt of such notice related to
preparing to perform the PASP as contracted for the then-current Annual Period.
4.13 Unless expressly contrary to law, any disputes concerning the calculation of the Annual Realized Savings or
changes to the Contracted Baseline that are not resolved by negotiation between the Parties within thirty (30)
days of the notice of the dispute, will be resolved by a third party professional engineering firm which is
reasonably acceptable to both SIEMENS and the CLIENT. The determination of such firm will be final and
binding upon CLIENT and SIEMENS. Costs for payment to such firm will be borne by the CLIENT and
SIEMENS according to the following distribution: (a) if Annual Realized Savings is determined to be less than or
equal to that claimed by CLIENT, SIEMENS shall bear the full cost; (b) if Annual Realized Savings is determined
to be greater than or equal to that claimed by SIEMENS, CLIENT shall bear the full cost; or (c) If Annual
Realized Savings is determined to be between the values claimed by CLIENT and SIEMENS, the parties shall
each be responsible for half of the full cost.
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Article 5
Work by SIEMENS
5.1 SIEMENS will perform the Work expressly described in this Agreement and in any work release documents or change
orders that are issued under this Agreement and signed by both Parties. The Work performed by SIEMENS shall be
conducted in a workmanlike manner.
5.2 SIEMENS shall perform the Work during its normal hours, Monday through Friday inclusive, excluding holidays, unless
otherwise agreed herein. The CLIENT shall make the Facility available so Work may proceed in an efficient manner.
5.3 SIEMENS is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make
modifications to any Equipment unless expressly made a part of the Work identified in the Scope of Work and Services,
Exhibit A. Any CLIENT request to change the scope or the nature of the Work or Services must be in the form of a
mutually agreed change order, effective only when executed by the Parties.
5.4 All Deliverables shall become the CLIENT’S property upon receipt by CLIENT. SIEMENS may retain file copies of such
Deliverables. All Instruments shall remain SIEMENS’ property. All Deliverables and Instruments provided to the CLIENT
are for Permitted Users’ use and only for the purposes disclosed to SIEMENS. To the extent specified in Exhibit A,
Permitted Users shall have a right to make and retain copies of Instruments except uncompiled code, and to use all
Instruments; provided, however, that the Instruments shall not be used or relied upon by any parties other than
Permitted Users, and such use shall be limited to the Project and Facilities for which the Instruments were provided. Any
re-use of Deliverables or Instruments for other projects or locations without the written consent of SIEMENS, or use
other than by Permitted Users, will be at Permitted Users’ and such other user’s sole risk and without liability to
SIEMENS; and, unless expressly prohibited by law, the Permitted Users, jointly and severally, shall indemnify, defend
and hold SIEMENS harmless from any claims, losses or damages arising from such unauthorized use.
5.5 SIEMENS shall be responsible for any portion of the Work performed by any subcontractor of SIEMENS. SIEMENS
shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of the CLIENT or their
work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS’ work and/or presence
at the Facility shall not relieve others of their responsibility to the CLIENT or to others.
5.6 SIEMENS expressly warrants that:
(a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the date the
Equipment is installed, all Equipment manufactured by SIEMENS or bearing its nameplate will be free from
defects in material and workmanship arising from normal use and service.
(b) Labor for all Work, is warranted to be free from defects in workmanship for one year after the Acceptance Date.
(c) SIEMENS warrants that the Equipment will function under the environmental and operating conditions existing
and reasonably anticipated at the Facilities as of the time of the Work.
5.7 Warranty Limitation:
(a) The limited warranties set forth in Section 5.6 will be void as to, and shall not apply to, any Equipment (i)
repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii)
which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated
conditions, operates other than per SIEMENS’ or the manufacturer’s instructions, or otherwise subjects to
improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the
CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured,
fabricated and assembled by SIEMENS or not bearing SIEMENS’ nameplate. However, SIEMENS assigns to
the CLIENT, without recourse, any and all assignable warranties available from any manufacturer, supplier, or
subcontractor of such Equipment.
(b) Any claim under the limited warranty granted above must be made in writing to SIEMENS within thirty (30) days
after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only
extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT’S sole and exclusive
remedy for any Equipment or Services not conforming with this limited warranty is limited to, at SIEMENS’
option: (i) repair or replacement of defective components of covered Equipment; (ii) re-performance of the
defective portion of the Services; or (iii) to the extent previously paid and itemized, the issuance of a credit or
refund for the original purchase price of such defective component or portion of the Equipment or Services.
(c) SIEMENS shall not be required to repair or replace more than the component(s) of the Equipment or the portion
of the Work and Services actually found to be defective. SIEMENS’ warranty liability shall not exceed the
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purchase price of such item. Repaired or replaced Equipment or Services will be warranted hereunder only for
the remaining portion of the original warranty period.
5.8 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER
WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY
DISCLAIMED. THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS
AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY
AUTHORIZED SIGNATORY OF EACH PARTY.
5.9 SIEMENS will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of:
(a) Non-maintainable, non-replaceable or obsolete parts of the Equipment, including but not limited to: ductwork,
shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and
pneumatic piping, structural supports, cooling tower fill, slats and basins, etc., unless covered by the warranty
provisions herein or otherwise specifically stated herein; or
(b) CLIENT’S or a third-party’s negligence, abuse, misuse, improper or inadequate repairs or modifications,
improper operation, lack of operator maintenance or skill, corrosion, erosion, improper or inadequate water
treatment, electrolytic action, chemical action, failure to comply with manufacturer’s operating and environmental
requirements, Acts of God, or other reasons beyond SIEMENS’ control. Unless expressly agreed in writing,
SIEMENS is not responsible for the removal or reinstallation of replacement valves, dampers, or waterflow and
tamper switches with respect to pipes and ductwork, including vent or drain system. SIEMENS ASSUMES NO
RESPONSIBILITY FOR ANY SERVICE PERFORMED ON ANY EQUIPMENT OTHER THAN THAT
PERFORMED BY SIEMENS OR ITS AGENTS.
Article 6
The CLIENT’S Responsibilities
6.1 The CLIENT, without cost to SIEMENS, shall:
(a) Designate a contact person with authority to make decisions for the CLIENT regarding the Work and provide
SIEMENS with information sufficient to contact such person in an emergency;
(b) Coordinate the work of contractors under CLIENT’S sole control so as not to disrupt the Work and Services
proceeding in an efficient manner;
(c) Provide or arrange for 24 hour, 7 day per week access and make all reasonable provisions for SIEMENS to
enter any Facility where Work is to be performed so that Work may proceed in an efficient manner;
(d) Permit SIEMENS to control and/or operate all building controls, systems, apparatus, equipment and machinery
necessary to perform the Work;
(e) Furnish SIEMENS with blueprints, surveys, legal descriptions, waste management plans and all other available
information pertinent to the Work and any Facility where the Work is to be performed as may be reasonably
requested by SIEMENS. Such plans and blueprints, along with an executed copy of this Agreement, with its
Exhibits, shall be kept and maintained in CLIENT’S files for the duration of the Agreement;
(f) Assist SIEMENS with all approvals, permits and consents from government authorities and others as may be
required for performance of the Work;
(g) In accordance with Article 11 hereof, promptly notify SIEMENS of all known or suspected Hazardous Materials
at the Facility, of any contamination of the Facility by Oil or Hazardous Material, and of any other conditions
requiring special care or which may reasonably be expected to affect the Work, and provide SIEMENS with any
available documents describing the quantity, nature, location and extent of such materials, contamination or
conditions;
(h) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the Work, except such notices SIEMENS has expressly agreed in writing to give;
(i) Provide SIEMENS with legally required materials and information (including but not limited to Material Safety
Data Sheets) related to all Hazardous Materials located at any Facility where the Work is to be performed;
(j) Furnish SIEMENS with any contingency plans, safety programs and other policies, plans or programs related to
any Facility where the Work is to be performed;
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(k) Operate, service and maintain all Equipment according to the manufacturer’s recommendations including those
set forth in the manufacturer’s operating manuals or instructions, as well as all requirements of Applicable Law
or of authorities having jurisdiction. The CLIENT shall furnish all needed servicing and parts for said FIMs, which
parts shall become part of the FIMs. Such Equipment shall be operated only in the specified operating
environment, which shall be supplied by the CLIENT, including without limitation: (1) suitable electrical service,
including clean, stable, properly conditioned power, to all Equipment; (2) telephone lines, capacity and
connectivity as required by such Equipment; and (3) heat, light, air conditioning or other environmental controls,
and other utilities in accordance with the specifications for the Equipment;
(l) Promptly notify SIEMENS of any unusual operating conditions, hours of usage, system malfunctions, installed
equipment or building alterations that may affect the Equipment or energy usage or any Services; and,
(m) If applicable, provide and pay for a dedicated voice grade dial-up phone line, or a mutually agreed
communication method, and install a terminal block, or an equivalent communication mechanism, in a mutually
agreed upon location. All on-line service Equipment (excluding the phone line) will remain the property of
SIEMENS unless otherwise stated herein.
6.2 The Parties acknowledge that the CLIENT, as a political subdivision of the State of Florida, is subject to Chapter 119 of
the Florida Statutes, which may require the release of information contained in this Agreement. If such a “FOIA” request
is made, CLIENT will provide prompt verbal and written notice to SIEMENS, so that SIEMENS has adequate opportunity
to dispute or challenge the FOIA request as allowed by statute.
6.3 The CLIENT acknowledges that it is now and shall at all times remain in control of the Facility. Except as expressly
provided herein, SIEMENS shall not be responsible for the adequacy of the health or safety programs or precautions
related to the CLIENT’S activities or operations, the CLIENT’S other contractor(s), the work of any other person or entity,
or Facility conditions. SIEMENS shall not be responsible for inspecting, observing, reporting or correcting health or
safety conditions or deficiencies of the CLIENT or others at the Facility. So as not to discourage SIEMENS from
voluntarily addressing health or safety issues while at the Facility, in the event SIEMENS does address such issues by
making observations, reports, suggestions or otherwise, the CLIENT shall not hold, or attempt to hold, SIEMENS liable
or responsible on account thereof.
6.4 SIEMENS acknowledges that the CLIENT must maintain compliance with all existing and future permits relating to the
operation and treatment performance of treatment systems at the Facilities. Further, SIEMENS acknowledges that
CLIENT’S current operations may result in treatment performance significantly exceeding that required by current
versions of such permits in anticipation of more stringent future regulation. No Work performed by SIEMENS either
during the course of the installation of FIMs or in the performance of Services provided in conjunction with the MSP or
PASP shall in any way be allowed to reduce the current level of treatment performance (which is detailed in Article 5 of
Exhibit C) achieved by CLIENT’S current operations, except as CLIENT may allow in writing on a temporary basis.
Should any of SIEMENS’ Work be determined to have such a negative impact, costs arising from the CLIENT’S
elimination of such impacts shall be deducted from the Annual Realized Savings for the Annual Period(s) in which the
costs occurred. Any dispute with regard to the impact of such performance-impacting Work shall be resolved as part of
the resolution process described in Section 4.13.
Article 7
Changes and Delays
7.1 As the Work is performed, existing laws or conditions may change, or circumstances outside SIEMENS’ reasonable
control may develop, which would require SIEMENS to expend additional costs, effort or time to complete the Work, in
which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS’ compensation and
the time for performance. In the event such changes require the Work to be suspended or terminated, SIEMENS shall
be compensated for Work previously performed and for costs reasonably incurred in connection with the suspension or
termination.
7.2 Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only
become effective upon execution of a written agreement by authorized representatives of both Parties.
7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the Work,
provided that any such substitution shall be of an equal or better quality.
7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by
circumstances beyond its control, including but not restricted to acts or omissions by the CLIENT or its employees,
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agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft,
corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions,
quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such
delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery
period and the compensation shall be equitably adjusted to compensate for additional documented costs SIEMENS
incurs due to such delay. If any such delay exceeds sixty (60) days, SIEMENS may terminate this Agreement upon three
(3) business days notice to the CLIENT and the CLIENT shall promptly pay SIEMENS for the allocable portion of the
Work completed, for any documented costs and expenses of termination, and for any loss or damage incurred with
respect to materials, equipment, tools and machinery, including reasonable overhead and profit.
7.5 If any delay or series of delays within CLIENT’S control extend beyond fifteen (15) business days, CLIENT may, at its
sole option, reimburse SIEMENS for additional costs resulting therefrom.
Article 8
Compensation
8.1 The aggregate amount paid by CLIENT provides for and is solely in consideration of the Scope of Work and
Services described in Exhibit A, and is detailed in Exhibit B.
8.2 SIEMENS will invoice the CLIENT in accordance with the schedules set forth in Exhibit B. Unless otherwise
agreed in writing, invoices are due and payable upon receipt by the CLIENT. If the CLIENT disagrees with any
portion of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its
disagreement within 21 days of receipt of the invoice, and shall pay the portion not in dispute.
8.3 Except for amounts in dispute:
(a) SIEMENS may suspend or terminate the Work or Services at any time if payment is not received when due. In such
event, SIEMENS shall be entitled to compensation for the Work or Services previously performed and for documented
costs reasonably incurred in connection with the suspension or termination.
(b) On amounts not paid within thirty (30) days of invoice date, the CLIENT shall pay interest from invoice date until
payment is received at the lesser of 12% per annum or the maximum rate allowed by law. The CLIENT shall reimburse
SIEMENS for SIEMENS’ costs and expenses (including reasonable attorney and witness fees) incurred for collection
under this Agreement.
8.5 Except to the extent expressly agreed herein, SIEMENS’ fees do not include any taxes, excises, fees, duties or other
government charges related to the Work or Services. The CLIENT shall pay such amounts or reimburse SIEMENS for
any such amounts SIEMENS pays to the extent such charges are lawfully due and payable by CLIENT and have been
paid or incurred by SIEMENS in furtherance thereof. If the CLIENT claims that the Work or Services is subject to a tax
exemption or direct payment permit, it shall provide SIEMENS with a valid exemption certificate or permit and, unless
specifically prohibited by law, shall indemnify, defend and hold SIEMENS harmless from any taxes, costs and penalties
arising out of the use or acceptance of same.
8.6 All other work or services requested by the CLIENT, including but not limited to the following, shall be separately billed or
surcharged on a time and materials basis:
(a) Emergency services, if inspection does not reveal any deficiency covered by the Scope of Work and Services,
Exhibit A;
(b) Work and/or services performed at times other than during SIEMENS’ normal working hours, unless otherwise
agreed to in Exhibit A; or
(c) Work and/or services performed on equipment not covered by the Scope of Work and Services, Exhibit A.
Article 9
Acceptance
9.1 Prior to Substantial Completion SIEMENS shall perform acceptance testing as follows:
(a) SIEMENS shall give CLIENT at least five (5) business days’ notice that acceptance testing is scheduled so CLIENT
Representative may observe the testing. SIEMENS shall
cooperate with the CLIENT Representative, who will verify SIEMENS’ findings.
(b) For each FIM, SIEMENS will perform testing of the operating and treatment performance variables
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listed in Article 5 of Exhibit C (Baseline Data).
(c) The results of testing shall show the FIMs’ performance to match or improve upon the Baseline. Should any
testing prove otherwise SIEMENS shall, at its option, either:
(1) Provide additional Work as necessary to correct the deficiency such that re-testing proves performance
matches or improves upon the Baseline;
(2) Allow CLIENT to take corrective operating action to improve performance back to Baseline conditions
and accept the cost of such action as a deduct to Annual Realized Savings for all future Annual Periods of the
Performance Guarantee during which such corrective action is required; or
(3) Provide a one-time credit in an amount acceptable to CLIENT as compensation for the reduced Facility
performance.
9.2 When SIEMENS believes that all, or an independent, definable phase or portion, of the Work is Substantially Complete,
SIEMENS will submit a Certificate of Substantial Completion to the CLIENT which shall be subject to the following:
(a) If the CLIENT concurs that the described portion of the Work as performed is Substantially Complete, the CLIENT will
accept that Work by signing the Certificate of Substantial Completion and returning it to SIEMENS;
(b) If the CLIENT does not concur that the Work is Substantially Complete, then the CLIENT shall notify SIEMENS within
twenty (20) business days of any discrepancies;
(c) To the extent SIEMENS does not dispute the discrepancies raised by the CLIENT, SIEMENS shall correct the Work to
conform to the description of the Work set forth herein, and resubmit the Certificate of Substantial Completion to the
CLIENT;
(d) If SIEMENS disagrees with the discrepancies raised by the CLIENT, SIEMENS shall notify the CLIENT of a dispute
and such dispute shall be resolved in accordance with Section 9.4 herein;
(e) If the CLIENT Representative does not deliver written notice to SIEMENS within twenty (20) business days of
receiving the Certificate of Substantial Completion, in the mutual interests of the Project proceeding in a timely
manner, the CLIENT will be deemed to have agreed to, signed and returned the Certificate of Substantial Completion.
9.3 To the extent that this Project requires multiple Certificates of Substantial Completion, the final Certificate of Substantial
Completion shall determine the date on which the Construction Period is completed.
9.4 Any disputes concerning the Substantial Completion of the Work will be resolved by submitting the issue to a third party
professional engineering firm and which is reasonably acceptable to both SIEMENS and the CLIENT. The determination
of this firm with respect to completion or Substantial Completion will be final and binding upon the Parties. If the dispute
is resolved in favor or SIEMENS, then CLIENT shall bear the full cost of payment to such firm; if the dispute is resolved
in favor or CLIENT, then SIEMENS shall bear the full cost of payment to such firm.
Article 10
Insurance and Allocation of Risk
10.1 SIEMENS shall maintain, at SIEMENS’ expense, the following insurances while performing the Work and shall add the
CLIENT as an “Additional Insured” to each policy that is referenced in subsections (c) through and including (e) hereof:
(a) Workers’ Compensation at the statutory amounts and limits as prescribed by Applicable Law.
(b) Employer’s Liability insurance (and, where applicable, Stop Gap extended protection endorsement) limits of
liability shall be:
• $1,000,000 per occurrence
• $1,000,000 Disease Policy
• $1,000,000 Each Employee
(c) SIEMENS shall carry, in the Occurrence Coverage Form, Comprehensive General Liability or Commercial
General Liability, insurance covering SIEMENS’ operations and providing insurance for bodily injury and
property damage with limits of liability stated below and including coverage for:
• Products and Completed Operations
• Contractual Liability insuring the obligations assumed by SIEMENS in this Agreement
• Broad Form Property Damage (including Completed Operations)
• Explosion, Collapse and Underground Hazards
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Agreement – CUSTOM PCA-100 PUBLIC version 2009R
• Personal Injury Liability:
— Limits of liability shall be $1,000,000 per occurrence/aggregate
(d) SIEMENS shall carry Automobile Liability Insurance in the Occurrence Coverage Form covering all owned, hired
and non-owned automobiles and trucks used by or on behalf of SIEMENS providing insurance for bodily injury
liability and property damage liability for the limits of:
• $1,000,000 per occurrence/aggregate
(e) SIEMENS shall carry Excess Liability Insurance in the Occurrence Coverage Form with limits of:
• $5,000,000 per occurrence/aggregate
(f) SIEMENS agrees to maintain Professional (Errors & Omissions) Liability at a limit of liability not less than
$1,000,000. For policies written on a claims made basis, SIEMENS agrees to maintain a retroactive date prior
to or equal to the effective date of the contract. In the event the policy is cancelled, non-renewed, switched to
an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a
Supplemental Extended Reporting Period (SERP) during the life of any resulting contract, SIEMENS agrees to
purchase a SERP with a minimum reporting period of two (2) years.
(g) SIEMENS shall utilize subcontractors that provide insurance coverage equal to half of the amounts required
of SIEMENS in subsections (a) through (d) above, plus $1,000,000 per occurrence/aggregate for Excess
Liability Insurance in Occurrence Coverage Form. If SIEMENS utilizes a subcontractor that has failed to
obtain the appropriate insurance coverage, SIEMENS shall be responsible for providing insurance coverage
on behalf of such entity conducting Work pursuant to this Agreement.
(h) The CLIENT and SIEMENS waive all rights against each other and any of their subcontractors, sub-
subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent
covered by the insurance required by this section and for any other property insurance applicable to the
Work, except such rights as they have to proceeds of such insurance held by the CLIENT as fiduciary.
SIEMENS shall provide a waiver of subrogation which shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did
not pay the insurance premium directly or indirectly, and whether or not the person or entity had an
insurable interest in the property damaged. Insurance certificates shall be furnished upon request.
10.2 SIEMENS will either maintain at its own expense, or self-insure for the equivalent risks, property insurance written on a
builder’s “all-risk” or equivalent policy form in an amount no less than the Price identified in Exhibit B, Article 1.1, plus the
value of subsequent modifications and cost of materials supplied or installed by others, on a replacement cost basis
without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by SIEMENS, until final payment has been made to SIEMENS or no person or
entity other than the CLIENT has an insurable interest in the property, whichever is later. The policy form shall include
without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,
without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and start-up, rebuilding and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and shall cover reasonable compensation for SIEMENS’ services and expenses required as result of
such insured loss. If the insurance requires deductibles or retentions, SIEMENS shall pay costs not covered because of
such deductibles or retentions. This insurance shall cover portions of the Work off the Facility, and also portions of the
Work in transit. Partial occupancy or use shall not commence unless the insurance company providing this insurance
has consented to such partial occupancy or use by endorsement for otherwise. If applicable to the Work, SIEMENS shall
purchase and maintain boiler and machinery insurance which shall specifically cover such insured objects during
installation and until Acceptance by the CLIENT. The insurance required by this section shall include the interests of the
CLIENT, SIEMENS, subcontractor(s) and sub-subcontractor(s) in the Work.
10.3 Title and risk of loss of materials and Equipment furnished by SIEMENS shall pass to the CLIENT upon their delivery to
the Facility, and the CLIENT shall be responsible for protecting them against theft and damage.
10.4 SIEMENS will indemnify the CLIENT from and against losses, claims, expenses and damages (including reasonable
attorney’s fees) for personal injury or physical damage to property (collectively “Damages”). Such indemnification shall
be solely to the extent the Damages are caused by or arise directly from SIEMENS or its employees’, consultants' or
agents' negligent acts or omissions or willful misconduct in connection with SIEMENS’ performance of the Work or
Services. SIEMENS’ obligations under this indemnity shall not extend to Damages arising out of or in any way
attributable to the negligence of the CLIENT or its agents, contractors or employees. SIEMENS reserves the right to
control the defense and settlement of any claim for which SIEMENS has an obligation to indemnify hereunder. UNLESS
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Agreement – CUSTOM PCA-100 PUBLIC version 2009R
CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE CLIENT OR SIEMENS BE LIABLE UNDER THIS
INDEMNITY OR OTHERWISE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE, OR LOST
PROFITS, HOWEVER CAUSED, EVEN IF SIEMENS OR THE CLIENT HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND, IN ANY EVENT, UNLESS CONTRARY TO APPLICABLE LAW, SIEMENS’ AGGREGATE
LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, OR OUT
OF ANY GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, INDEMNITY OR ANY OTHER THEORY OF
LIABILITY, SHALL BE LIMITED TO $10,000,000. The preceding limit shall not apply to the CLIENT’S remedy under the
Performance Guarantee as such is limited by Section 4.8, and nothing herein shall be construed as waiver by CLIENT of
any immunity or limitation of liability the CLIENT may be entitled to under the doctrine of sovereign immunity or Section
768.28 of the Florida statutes.
10.5 As to Patents and Copyrights:
(a) SIEMENS will, at its own expense, defend or at its option settle any suit or proceeding brought against the
CLIENT in so far as it is based on an allegation that any Work (including parts thereof), or use thereof for its
intended purpose, constitutes an infringement of any United States patent or copyright, if SIEMENS is promptly
provided notice and given authority, information, and assistance in a timely manner for the defense of said suit
or proceeding. SIEMENS will pay the damages and costs awarded in any suit or proceeding so defended.
SIEMENS will not be responsible for any settlement of such suit or proceeding made without its prior written
consent. In case the Work, or any part thereof, as a result of any suit or proceeding so defended is held to
constitute infringement or its use by the CLIENT is enjoined, SIEMENS will, at its option and its own expense,
either: (i) procure for the CLIENT the right to continue using said Work; (ii) replace it with substantially
equivalent non-infringing Work; or (iii) modify the Work so it becomes non-infringing.
(b) SIEMENS will have no duty or obligation to the CLIENT under Section 10.5(a) to the extent that the Work is: (i)
supplied according to the CLIENT’S design or instructions, wherein compliance therewith has caused SIEMENS
to deviate from its normal course of performance; (ii) modified by the CLIENT or its contractors after delivery; or,
(iii) combined by the CLIENT or its contractors with items not furnished hereunder, and by reason of said design,
instruction, modification, or combination, a suit is brought against the CLIENT. If by reason of such design,
instruction, modification or combination, a suit or proceeding is brought against SIEMENS, unless expressly
prohibited by law, the CLIENT shall protect SIEMENS in the same manner and to the same extent that
SIEMENS has agreed to protect the CLIENT under the provisions of Section 10.5(a) above.
(c) THIS SECTION 10.5 IS AN EXCLUSIVE STATEMENT OF ALL THE DUTIES OF THE PARTIES RELATING
TO PATENTS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY PATENT OR COPYRIGHT AND OF
ALL THE REMEDIES OF THE CLIENT RELATING TO ANY CLAIMS, SUITS, OR PROCEEDINGS
INVOLVING PATENTS AND COPYRIGHTS. Compliance with Section 10.5 as provided herein shall constitute
fulfillment of all liabilities of the Parties under the Agreement with respect to the intellectual property
indemnification.
10.6 The Parties acknowledge that the price for which SIEMENS has agreed to perform the Work and obligations under this
Agreement was calculated based upon the foregoing allocations of risk, and that each Party has expressly relied on and
would not have entered into this Agreement but for such allocations of risk.
Article 11
Hazardous Materials Provisions
11.1 The Work does not include directly or indirectly performing or arranging for the detection, testing, handling, storage,
removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Facility at
which Work is performed and any soil or groundwater at the Facility by petroleum or petroleum products (collectively
called “Oil"), asbestos, PCBs or hazardous, toxic, radioactive or infectious substances, including any substances
regulated under RCRA, CERCLA or any other federal, state or local environmental laws, regulations, statutes, rules,
standards or ordinances (collectively called “Hazardous Materials"), including without limitation: ionization smoke
detectors, ballasts (except those indicated as part of the Scope of Work), mercury bulb thermostats, used oil,
contaminated filters, contaminated absorbents, and refrigerant. Except as expressly disclosed pursuant to Section 11.2,
the CLIENT represents and warrants that, to the best of its knowledge following due inquiry, there are no Hazardous
Materials or Oil present where the Work is to be performed. SIEMENS will notify the CLIENT immediately if it discovers
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Agreement – CUSTOM PCA-100 PUBLIC version 2009R
or reasonably suspects the presence of any previously undisclosed Oil or Hazardous Material. All Services have been
priced and agreed to by SIEMENS in reliance on the CLIENT’S representations as set forth in this Article. The discovery
or reasonable suspicion of Hazardous Materials or hazardous conditions at a Facility where SIEMENS is to perform
Work, or of contamination of the Facility by Oil or Hazardous Materials not previously disclosed pursuant to Section 11.2,
shall entitle SIEMENS to suspend the Work immediately, subject to mutual agreement of terms and conditions
applicable to any further Work, or to terminate the Work and to be paid for Work previously performed.
11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Oil or
Hazardous Materials, to the best of its knowledge following due inquiry, known to be present, potentially present or likely
to become present at the Facility and provided a copy of any Facility safety policies and information, including but not
limited to lock-out and tag procedures, chemical hygiene plan, material safety data sheets, and other items covered or
required to be disclosed or maintained by federal, state, or local laws, regulations or ordinances.
11.3 Regardless of whether Oil or Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall be solely
responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing such Oil or
Hazardous Materials, and for the costs thereof. Even if an appropriate change order has been entered into pursuant to
Section 11.1, SIEMENS shall have the right to stop the Work until the Facility is free from Oil or Hazardous Materials. In
such event, SIEMENS will receive an equitable extension of time to complete the Work, and compensation for delays
caused by Oil or Hazardous Materials remediation. In no event shall SIEMENS be required or construed to take title,
ownership or responsibility for such Oil or Hazardous Materials. The CLIENT shall sign any required waste manifests in
conformance with all government regulations, listing the CLIENT as the generator of the waste. If someone other than the
CLIENT is the generator of the waste, the CLIENT shall arrange for such other person to sign such manifests.
11.4 Except where expressly prohibited by law, for separate consideration of $10 and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CLIENT shall indemnify, defend and hold SIEMENS
harmless from and against any damages, losses, costs, liabilities or expenses (including attorneys’ fees) arising out of
any Oil or Hazardous Materials or from the CLIENT’S breach of, or failure to perform its obligations under this Article.
11.5 For purposes of this Article 11, in the context of the phrase “to the best of its knowledge following due inquiry”;
“knowledge” means actual awareness of the facts by the CLIENT’S directors, officers, employees or agents, or the
presence of relevant information contained in the CLIENT’S books or records; and, “due inquiry” means inquiry of those
persons under the CLIENT’S control who should have knowledge of the subject matter of such inquiry.
Article 12
Miscellaneous Provisions
12.1 Notices between the Parties shall be in writing and shall be hand-delivered or sent by certified mail, express courier, or
acknowledged telefax properly addressed to the appropriate party. Any such notice shall be deemed to have been
received when delivered in-person or when sent by telefax, or five (5) business days subsequent to deposit in the U.S.
mails, or one (1) day after deposit with express courier.
12.2 Neither the CLIENT nor SIEMENS shall assign or transfer any rights or obligations under this Agreement, except that
either party may assign this Agreement to its affiliates and SIEMENS may use subcontractors in the performance of the
Work or Services. Nothing contained in this Agreement shall be construed to give any rights or benefits to anyone other
than the CLIENT and SIEMENS without the express written consent of both Parties.
12.3 This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth within
which the Facilities are located.
12.4 This Agreement and all provisions of this Agreement allocating responsibility or liability between the Parties shall
survive the completion of the Work, the Services, and the termination of this Agreement.
12.5 Unless contrary to Applicable Law and with the exception of disputes arising under Article 4 or Article 9, all disputes not
resolved by negotiation between the Parties shall be resolved in accordance with the Commercial Rules of the American
Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single
arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed,
and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The
arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the Parties. The
arbitrator shall have no authority to award, and shall not award, attorneys’ fees. Judgment may be entered upon the
award in the highest state or federal court having jurisdiction over the matter.
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12.6 SIEMENS’ performance of the Work and Services is expressly conditioned on the Parties assenting to all of the terms
of this Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to
be submitted by a Party to the other Party relating to the Work or Services, even if signed by the Parties, unless the
written statement expressly indicates that such terms supersede the terms of this Agreement
12.7 Any provision of this Agreement found to be invalid, unlawful or unenforceable by a court of law shall be ineffective to
the extent of such invalidity, and deemed severed herefrom, without invalidating the remainder of this Agreement. All
other provisions hereof shall remain in full force and effect.
12.8 The waiver by a party of any breach by the other party of any term, covenant or condition hereof shall not operate as a
waiver of any subsequent breach hereof. No waiver shall operate or be effective unless made in writing and executed by
the party to be bound thereby.
12.9 In the event that Applicable Law or the CLIENT requires that SIEMENS procure a performance bond and/or a payment
bond, SIEMENS shall provide a performance and payment bond for the Price identified in Section 1.1 of Exhibit B. The
performance and payment bond will solely apply to the Work performed during the Construction Period and to the
required statutory lien filing period thereafter. The performance and payment bond will not apply to any of the obligations
included in the Performance Assurance, Exhibit C. Furthermore, the CLIENT’S funding source may be named as “Co-
Obligee” on the performance bond if so requested by the CLIENT.
Article 13
Maintenance Services Program
13.1 If applicable, the scope of Services provided by SIEMENS for the Maintenance Services Program is stated in Exhibit A.
13.2 Intentionally omitted.
13.3 If the Equipment is altered or moved by any person, including the CLIENT, other than SIEMENS or a person authorized
by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a
reacceptance test on, or if necessary a re-commissioning of, the system consistent with the provisions of Section 4.10,
above.
13.4 Intentionally omitted.
13.5 If the removal of Equipment from coverage would compromise or impair the integrity of the Work, Services or
compliance with law of any system, then SIEMENS will provide a written statement thereof for execution by the CLIENT.
The CLIENT’S failure to execute such statement within ten (10) days will void the MSP and release SIEMENS from any
further obligations with respect to the MSP.
13.6 If the MSP scope of Services provides for Equipment maintenance, repairs and/or replacements of Equipment by
SIEMENS, those Services are limited to restoring the proper working condition of such Equipment. SIEMENS will not be
obligated to provide replacement Equipment that represents significant capital improvement compared to the original.
Exchanged components become the property of SIEMENS, except Hazardous Materials, which under all circumstances
remain the property and responsibility of the CLIENT.
Attachment number 1
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Exhibit A - Scope of Work and Services
City of Clearwater, Florida
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Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
Article 1: Scope of Work
Description: Except as otherwise expressly provided herein, SIEMENS shall provide each and every
item of cost and expense necessary for the FIMs described below:
1.0: Northeast APCF – FIM #1 – Odor Control
This FIM includes the following:
• Siemens shall furnish and install a complete "once-through two-stage", pre-piped, wired, and
packaged UNITARY CONSTRUCTION odor control systems, each including two integral
treatment stages, exhaust fan, valves, fittings, ductwork, and all other equipment and accessories
as specified to provide a complete and functioning system. The biological treatment stage shall
utilize an inorganic expanded clay media to facilitate absorption and adsorption of odor
compounds. The polishing stage shall utilize a virgin activated carbon polishing media that
shall be specifically designed to adsorb odorous compounds with the ability to support
biological degradation of the compounds. The first stage shall operate with an independently
controlled irrigation system to maintain optimum wetted conditions to support unique microbial
growth for biological destruction of the odorous compounds and removal of toxic metabolites.
Systems using any type of organic media and systems using a single inorganic media shall not
be acceptable.
• Siemens shall furnish and install Hallsten aluminum covers for the (2) primary clarifier (4)
thickener.
1. Equipment to be installed includes the following:
1. Biological Odor Control System
a. Components - Each ZABOCS® odor control system consists of the following
major components:
b. Premium FRP, multi-stage odor control module
c. Expanded clay media for treatment of inorganic odors (H2S)
d. Coal based virgin media for treatment of inorganic and organic odors
e. Irrigation system
f. Air distribution system
g. Electrical control panel
h. Water control cabinet
i. Nutrient addition system including the nutrient pump
j. Air exhaust fan
k. Interconnecting piping and exhaust stack
• Mechanical
a. Biofilter – Install biological odor control system in location near the primary
clarifiers and the headworks of the plant. See Reference Dwg. Siemens Water
Technologies Dwg No. M10-135.6000-G1.dwg – General Arrangement Drawing for
Model ZB.
b. Water Supply – a 3/4 inch water supply with backflow preventer are required. Water
supply must provide for a minimum of 30 psi continuous pressure at 6 GPM and a
hardness not to exceed 400 mg/L as calcium carbonate.
c. Drain – a minimum 2 inch P.V.C. gravity drain to sewer with a barometric trap is
required.
Attachment number 2
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Exhibit A - Scope of Work and Services
City of Clearwater, Florida
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Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
• Electrical
a. BioFilter Power Feed – 480 VAC, 3-phase service is required
• Instrumentation
a. Local Control Panel - INSTALLATION NOT REQUIRED DUE TO FACTORY
MOUNTED/WIRED ON BLOWER SKID.
• The Work shall be performed in accordance with the following specifications, drawings and
other attachments hereto, which are specifically incorporated herein and made part hereof:
a. Siemens Water Technologies Dwg. No. M10-135.6000-G1.dwg – General
Arrangement Drawing for Model ZB-600
b. Siemens Water Technologies Dwg No. M10-135-60000-P1.pdf – Zabocs System
Process Flow Diagram
2.0: Northeast APCF – FIM #2 – Indoor/Outdoor Lighting
Lighting Retrofit / Lighting Occupancy Sensors
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium efficiency T-8
lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and standard electronic
ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where occupancy
varies and lighting runtime reduction opportunities are present. The occupancy sensors are dual
technology, which use a combination of infrared and ultrasonic sensors. The occupancy sensors will be
programmed to turn off lighting in a specified area after a 10 minute period of no occupancy.
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of selected
fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting occupancy sensors.
Replacement of missing or broken lenses is not included in the scope of this work.
A detailed description of all lighting retrofits, lighting counts, and product information can be found in the
Technical Energy Audit submitted with this contract.
3.0: Northeast APCF – FIM #3 – Dewatering - Centrifuges
This FIM includes the following:
• Install, test, and place into satisfactory operation the new Centrifuge Dewatering System at
the Northeast Advanced Pollution Control Facilities (APCF) Biosolids Dewatering Building
as specified herein. Siemens shall install all equipment identified below with the exception of
the items demarcated as spares.
• Refurbish one (1) existing belt filter press each at the Northeast APCF Biosolids Dewatering
Building as specified herein and identified below.
• Refurbish the belt conveyors at the Northeast APCF Biosolids Dewatering Building as
specified herein and identified below.
• Install, test, and place into satisfactory operation new polymer feed system at the Northeast
APCF Biosolids Dewatering Building as specified herein.
• The dewatering operation of the facility shall be maintained during the work.
• The centrifuge dewatering system to be installed is one (1) Andritz Model D5LL at Northeast
APCF with accessories and controls. The centrifuge, motors, electrical, controls, instruments,
and appurtenances shall be installed by Siemens in accordance with the instructions of the
manufacturer. Siemens shall use associated Reference Documents for installation. All piping
Attachment number 2
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Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 3 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
shall be supported so as to preclude the possibility of exerting undue forces and movements
on the centrifuge flanges. Each centrifuge shall be installed on concrete supports with
isolators in accordance with the recommendations of the Manufacturer. Siemens shall furnish
all necessary appurtenances including but not be limited to, piping, pipe supports, gaskets,
bouts, and nuts for the complete installation of the centrifuge dewatering system and furnish
all oil, and grease for initial operation in accordance with the Manufacturer’s
recommendations. During the work, Siemens shall maintain the dewatering operation of the
facility at all time.
• One (1) existing belt filter press at Northeast APFC is to be refurbished on-site as backup to
the centrifuge dewatering system to meet Class I reliability. Siemens shall use associated
Reference Documents for refurbishment. Siemens shall furnish all necessary appurtenances
for the work. During the work, Siemens shall maintain the dewatering operation of the facility
at all time.
• Two (2) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible belt conveyor, two (2)
20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished on-site at the
Northeast APCF. Siemens shall use associated Reference Documents for refurbishment.
Siemens shall furnish all necessary appurtenances for the work. During the work, Siemens
shall maintain the dewatering operation of the facility at all time.
• The polymer feed system to be installed is up to two (2) VeloDyne VeloBlend Series
completed polymer feed system and appurtenances at Northeast APCF. The polymer feed
system, electrical, controls, instruments, and appurtenances shall be installed by Siemens in
accordance with the instructions of the manufacturer. Siemens shall use associated Reference
Documents for installation. Siemens shall install the interconnecting piping with the existing
VeloBlend polymer feed system with isolate valves. Each polymer feed system shall be
installed in accordance with recommendations of the manufacturer. Siemens shall furnish all
necessary appurtenances including but not be limited to piping, pipe supports, valves, gasket,
bolts and nuts, oil and grease for initial operation in accordance with manufacturer’s
recommendations.
2. Equipment to be installed includes the following:
1. Centrifuge Dewatering System
a. Major Components installed as a unit
Bowl and bowl cover
100 HP main drive motor
20 HP back drive system
Discharge chute and connections
Polymer and wash water injection
Speed reducer
Base
Main centrifuge bearings
Sample taps
Isolators
Control panels with VFD and PLC controller
Diverter gate
b. Shipped Loose Accessory Components, to be installed separately in field.
Fasteners
Instruments
Spare parts – manufacturer recommended spare parts
Special tools
2. Polymer Feed System
a. Major Components installed as a unit
Skid mounted system with control panel and PLC controller
b. Shipped Loose Accessory Components, to be installed separately in field
Valves
Spare Parts in clearly identified containers
Attachment number 2
Page 3 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 4 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
o One (1) mechanical seal or packing per pump
o One (1) set of mixing chamber o-rings
o One (1) mixing chamber injection check valve
o One (1) pump stator
• Equipment to be refurbished on-site includes the following:
1. Belt Filter Press
Replace wear strip grid system in the gravity and wedge zones
Replace table rolls (8 of them will be reused)
Replace corroded upper and lower tension brackets
Replace corroded sidewall support brackets
Perform all incidental work
2. Conveyors
24-in-x-25ft-8-in conveyor
refurbish the drive drum
replace pillow block bearings
refurbish take-up drum
replace take-up drum bearings
replace motor (1 hp 1740 rpm)
replace gear reducer
replace motor mount
replace V-belt
replace belt scraper
replace schedule 80 PVC idlers and end caps
replace shafts
replace vulcanized belt.
replace SS drive shaft and tail shaft
replace SS althread rods
replace brass nuts
perform all incidental work
3. Reversible belt conveyor
replace motor (1 hp)
replace double reduction-gear reducer
refurbish drive drum
replace drive bearings
replace V-belt
replace pillow block bearings
replace 3-in schedule 80 PVC idlers and end caps
replace SS shafts
refurbish take-up drum
replace take-up bearings
replace althread rod
replace brass nuts
replace 38-ft two-ply vulcanized belt
perform all incidental work
4. Shuttle Belt Conveyor
replace SS angles
replace pillow block bearings
replace SS shafts
replace 3-in PVC idlers and end caps
replace ½-hp and 1-hp motors
replace reducer and base kit
o replace sprockets
replace SS chain
refurbish drive drum
refurbish take-up drum
Attachment number 2
Page 4 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 5 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
replace take-up bearings
replace althread rods
replace bronze nuts
replace SS hex head bolts
replace SS flat and lock washers
perform all incidental work
5. Screw Conveyor
Replace motor
perform all incidental work
• Mechanical
1. Centrifuge Dewatering and Polymer Feed System
Remove one of the existing belt presses and associated electrical and
control, modify the walkway into centrifuge platform, refurbish one of the
existing belt presses on-site, refurbish the conveyors on-site, remove the
existing polymer feed system (except the VeloBlend the City installed) and
install new VeloBlend polymer feed system.
Discharge Piping - Fabricate and install sludge feed pipe, filtrate discharge
pipe, polymer feed pipe, and wash water pipe.
Accessory Components – Assemble and install all loose components, as
identified above
• Electrical
1. Furnish and install electrical and control per drawings and specifications.
2. Modify the SCADA system to incorporate the new equipment per drawings and
specifications.
• Instrumentation
1. Furnish and install instruments per drawings and specifications.
2. Unit process controls shall be fully integrated into the existing plant SCADA system.
• The Work shall be performed in accordance with the following specifications, drawings and
other attachments hereto, which are specifically incorporated herein and made part hereof:
1. Design drawings and specifications
2. Field Photos: depicting pre-construction conditions at each facility.
4.0: Northeast APCF – FIM #4 – Methane Capture & Reuse
This FIM includes the following:
• Siemens shall install, test, and place into satisfactory operation a FOG (fats, oil, and grease)
receiving system and an electrical generation and heat recovery (cogeneration) facility
(Facility) utilizing digester gas as the fuel to be fired in a reciprocating engine-generator, as
specified herein.
• During the work, Siemens shall coordinate with the Owner to maintain the operation of the
Northeast APCF. In addition, the following protocols will be followed:
o All new system piping tie-ins to be made only after authorization by plant personnel.
o All new system electrical tie-ins to be made only after confirmation of proper lock-
out/tag-out procedures compliance and authorization by plant personnel.
o Integration of new data systems into the existing plant SCADA system will be
coordinated with the City’s SCADA Integration Consultant and Plant Operations
staff.
Attachment number 2
Page 5 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 6 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
o Installation of cable, conduit, piping, and equipment shall be in accordance with
latest NEC, industrial standards, and local codes.
• Siemens shall install one (1) Jenbacher JMC208v81reciprocating engine with electrical
engine (collectively, engine-generator) @ 335 kW Nominal Gross Rating, 480V, 60Hz, 3
Phase, 1800 rpm; packaged in a 10 ft wide by 40 ft long container as weather protection.
Installation of reciprocating engine heat recovery system components shall also be installed.
o The following components will be housed within the container:
Digital Engine-Management-System and controls, PC-based.
Alternator heater and RTDs
Lubrication oil adder tank
System battery charger with batteries and cables
Switchgear, (1) 800A engine-generator electrically-operated breaker
Engine-generator protection with synchronous and grid monitor
Heat recovery system, engine-side; including engine mounted heat
exchangers for engine cooling loops, temperature control valves, and pumps
for heat recovery system, including (2) online pumps and (2) standby
pumps, for primary heat loop and secondary heat loop, plumbed and wired
into the container.
Motor Control Center for enclosure accessories
Safety devices and instruments including smoke detector, (2) gas
detectors, emergency stop button, engine-generator temperature
indicator for bearings and windings, differential protection.
System Windows networking configured for remote communication;
includes software license, internet firewall, Modbus communication port,
remote call out feature.
2. The following components will be supplied loose for fitting and external installation
(except where noted) after unit is received at site.
Fuel gas train, for 2-5 psig gas supply; including regulator, shutoff valve,
filters. (Installed inside container.)
Exhaust flex connector and piping for connection of engine to exhaust heat
recovery unit, exhaust hot water heat recovery unit with insulation.
Exhaust piping and silencer component.
System dump radiator, with design for ambient temperature of 104 deg F;
sized to dump the heat loads for the jacket water, lube oil, intercooler and
exhaust heat
Process plate and frame heat exchanger for heat recovery, for transfer of
primary engine heat to the digester process.
Two (2) Motorized shut-off valves for hot water control.
• Siemens shall install one (1) fuelgas conditioning system (FCS).
• The system to be installed as a unit (except where noted) will include the following
components:
inlet moisture/particulate filter
hydrogen sulfide removal media vessel
compression/moisture removal skid
condensate pump
glycol chiller skid
remote-mounted electrical control panel
• Siemens shall install FOG Receiving System components.
1. FOG receiving and delivery station shall be installed, consisting of the following
components.
grit and rock trap
motorized FOG control valves
FOG chopper pump – vertical pedestal type to chop foreign matter as pump
from hauler truck to FOG storage tank.
Attachment number 2
Page 6 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 7 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
FOG controls – see Instrumentation and Controls section herein.
FOG transfer pump – positive displacement type, to pump from FOG
storage tank to digester
2. FOG storage tank shall be installed, consisting of the following components.
Nominal 40,000 gallon capacity tank, approximate dimensions 22.38 ft dia.
x 14.68 ft ht; design for Seismic Zone 0, 140 MPH Wind Load; material to
be plate steel with factory-applied silica glass for both the interior and
exterior of surfaces of the tank to protect the steel against weather and
corrosion; exterior color to be white.
Roof to be aluminum geodesic dome
Roof hatch 30 in. dia.
Flanged nozzles for FOG inlet and outlet, vent, overflow, drain, level
detection instruments
Hinged bolted door as access manway, 30 in.dia.
Sacrificial anode cathodic protection system
One (1) exterior 30” × 30” galvanized steel step-off platform with guardrail,
and (1) exterior vertical ladder assembly
• Structural
1. Furnish and install concrete housekeeping pads for the following equipment and
systems. Pad construction to be 4000 lb. concrete, rebar reinforced, thickness as
required by standard and system wet weight.
a. FOG storage tank
b. Fuelgas conditioning system skid, and refrigeration system
c. Reciprocating engine-generator and auxiliary systems in container.
d. Heat recovery system equipment, including heat exchanger, hot water
pumps
e. FOG chopper pump.
f. FOG delivery pump.
• Mechanical
1. FOG Piping - Furnish and install all FOG piping for FOG unloading, suction piping
to chopper pump, discharge piping and recirculation piping to/from storage tank, and
piping to tie-in point at digester primary sludge feed line in digester building
basement. Furnish and install manual isolation valves in all piping segments. Piping
to be Sch. 40 glass-lined pipe
2. Digester Gas Piping - Furnish and install all digester gas piping from tie-in with
existing gas line at new tee downstream of existing condensate drip trap on branch to
boiler, to new engine-generator gas train. Furnish and install manual isolation
valves at both ends of pipeline segment. Piping to be Sch. 10 ASTM 304L stainless
material.
3. Hot Water Pump, Piping, and Heat Exchanger - Furnish and install (1) hot water
circulation pump and (1) process hot water heat exchanger. Furnish and install all hot
water piping, as supply and return lines. One set of hot water pipelines shall be
installed to and from the engine-side of a hot water heat exchanger. A second set of
hot water pipelines shall be installed to and from process-side of the heat exchanger
to and from tie-ins with existing sludge heat exchanger water heating circuit. Furnish
and install manual isolation valves at suction and discharge of pump, and at tie-in
points of supply and return pipeline segments. Piping to be Sch. 40 ASTM 304L
stainless material. Insulation and stainless jacket to be applied to all hot water piping.
4. Condensate Pump and Piping - Furnish and install (1) condensate pump. Furnish and
install all condensate piping from new FCS dehydration system to sump at existing
septic unloading station. Furnish and install manual isolation valves at suction and
discharge of pump. Piping to be Sch. 40 ASTM 304L stainless material.
• Electrical
1. Power Generation Switchgear and Engine-generator Connections – Furnish and
install all 480V switchgear, circuit breakers, disconnects, distribution panels, conduit
Attachment number 2
Page 7 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 8 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
and cable required to interconnect the engine-generator with the Northeast WWTP
distribution system. Siemens will conduct terminations and tie-ins.
2. Systems power supply – Furnish and install all breakers, disconnects, field start/stop
stations, conduit and cable, terminations and tie-ins for the following equipment to
be provided with 480V power
(1) Heat Recovery system hot water pump
(1) Fuelgas conditioning system and (1) refrigeration system
(1) Dehydration process condensate pump
(1) FOG unloading station chopper pump
(1) FOG storage tank delivery pump
3. Grounding system – Install grounding mat connecting to engine-generator, FCS, and
FOG system.
4. Lightning protection – Install lightning protection for system equipment.
• Instrumentation & Controls
1. Engine-generator Operation – Furnish and install necessary Ethernet cable/system
for Modbus communication port and remote message control connection between the
engine-generator control panel and the plant operations SCADA system
2. Fuel Conditioning System Operation – Furnish and install necessary Ethernet
cable/system for Modbus communication port and remote message control
connection between FCS and the plant operations SCADA system.
3. Control Valves – Furnish and install control valves, actuation power, and control
wiring to each of the following
(2) glass lined motorized shut-off valves for FOG
(2) flow control valves for digester gas
(2) motorized shut-off valves for hot water
4. FOG Receiving and Storage System Controls – Furnish, install, program, create
process schematic graphics, develop FOG receipt database, while incorporating the
following components.
FOG Hauler Interface Control Station with touch screen control panel,
programmable logic controller,
caution beacon,
software,
desktop computer station,
Ethernet module
• (2) storage tank roof-mounted radar level sensors
5.0: Northeast APCF – FIM #5 – Mixer Replacement
This FIM includes the following:
• Siemens shall install, test, and place into satisfactory operation the new mixers at the
Northeast Advanced Pollution Control Facilities (APCF) as specified herein. Siemens shall
install all equipment identified below, with the exception of the items demarcated as spares.
• Siemens shall remove the existing mixers at the Northeast APCF as specified herein.
• Siemens shall install four (4) mixers in the fermentation tanks with motors, gear boxes, and
accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-
20RPM-2HP-100XELSC.
• Siemens shall install four (4) mixers in the first anoxic tanks with motors, gear boxes, and
accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-
25RPM-5HP-100XELSC.
• Siemens shall install 20 mixers in the second anoxic tanks with motors, gear boxes, and
accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-
20RPM-1HP-80XELSC.
Attachment number 2
Page 8 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 9 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
• The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be installed by
Siemens in accordance with the instructions of the manufacturer. Siemens shall use associated
Reference Documents for installation.
• The mixer shall be connected to the existing electrical termination box.
• Each mixer shall be mounted on a SS316 base plate with isolators as shown in the Reference
Documents and in accordance with the recommendations of the Manufacturer.
• During the work, Siemens shall coordinate with the Owner to maintain the operation of the
facility, maintain the biological treatment processes, and meet permit discharge requirements.
• Equipment to be installed includes the following:
1. Mixers
Mixer shafts
Mixer blades
Motors
Gear boxes
Base plates
Isolators
Mounting brackets (at East APCF only)
Accessories
2. Shipped loose, stored locally as spare parts
Special tool, if any
Manufacturer recommended spare parts
• Mechanical
1. Demolish the existing mixer and install mixers, shafts, motors, gear boxes, base
plates, isolators, mounting brackets in according to manufacturer’s instruction,
contract drawings and specifications.
2. Siemens shall furnish all necessary tools and appurtenances including nuts, bolts, and
lubricant to complete the installation.
• Electrical
1. Disconnect the existing electrical connection and connect the new mixers to the
existing electrical panel.
2. Install a thermal overload relay in the MCC panel for each mixer.
• The Work shall be performed in accordance with the following specifications, drawings and
other attachments hereto, which are specifically incorporated herein and made part hereof:
1. Design Drawings for Marshall Street and Northeast APCF.
2. Field Photos: depicting pre-construction conditions.
6.0: Marshall Street APCF – FIM #2 – Indoor/Outdoor Lighting
Lighting Retrofit / Lighting Occupancy Sensors
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium efficiency T-8
lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and standard electronic
ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where occupancy
varies and lighting runtime reduction opportunities are present. The occupancy sensors are dual
technology, which use a combination of infrared and ultrasonic sensors. The occupancy sensors will be
programmed to turn off lighting in a specified area after a 10 minute period of no occupancy.
Attachment number 2
Page 9 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 10 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of selected
fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting occupancy sensors.
Replacement of missing or broken lenses is not included in the scope of this work.
A detailed description of all lighting retrofits, lighting counts, and product information can be found in the
Technical Energy Audit submitted with this contract.
7.0: Marshall Street APCF – FIM #3 – Dewatering - Centrifuges
This FIM includes the following:
• Install, test, and place into satisfactory operation the new Centrifuge Dewatering System at
the Marshall Street Advanced Pollution Control Facilities (APCF) Biosolids Dewatering
Building as specified herein. Siemens shall install all equipment identified below with the
exception of the items demarcated as spares.
• Refurbish one (1) existing belt filter press each at the Marshall Street APCF Biosolids
Dewatering Building as specified herein and identified below.
• Refurbish the belt conveyors at the Marshall Street APCF Biosolids Dewatering Building as
specified herein and identified below.
• Install, test, and place in satisfactory operation new polymer feed system at the Marshall
Street APCF Biosolids Dewatering Building as specified herein.
• The dewatering operation of the facility shall be maintained during the work.
• The centrifuge dewatering system to be installed is one (1) Andritz Model D5LL at Marshall
Street APCF with accessories and controls. The centrifuge, motors, electrical, controls,
instruments, and appurtenances shall be installed by Siemens in accordance with the
instructions of the manufacturer. Siemens shall use associated Reference Documents for
installation. All piping shall be supported so as to preclude the possibility of exerting undue
forces and movements on the centrifuge flanges. Each centrifuge shall be installed on
concrete supports with isolators in accordance with the recommendations of the
Manufacturer. Siemens shall furnish all necessary appurtenances including but not be limited
to, piping, pipe supports, gaskets, bouts, and nuts for the complete installation of the
centrifuge dewatering system and furnish all oil, and grease for initial operation in accordance
with the Manufacturer’s recommendations. During the work, Siemens shall maintain the
dewatering operation of the facility at all time.
• One (1) existing belt filter press at Marshall Street APFC is to be refurbished on-site as
backup to the centrifuge dewatering system to meet Class I reliability. Siemens shall use
associated Reference Documents for refurbishment. Siemens shall furnish all necessary
appurtenances for the work. During the work, Siemens shall maintain the dewatering
operation of the facility at all time.
• One (1) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible belt conveyor, two (2)
20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished on-site at the
Marshall Street APCF. Siemens shall use associated Reference Documents for refurbishment.
Siemens shall furnish all necessary appurtenances for the work. During the work, Siemens
shall maintain the dewatering operation of the facility at all time.
• The polymer feed system to be installed is up to one (1) VeloDyne VeloBlend Series
completed polymer feed system and appurtenances at Marshall Street APCF. The polymer
feed system, electrical, controls, instruments, and appurtenances shall be installed by Siemens
in accordance with the instructions of the manufacturer. Siemens shall use associated
Reference Documents for installation. Siemens shall install the interconnecting piping with
the existing VeloBlend polymer feed system with isolate valves. Each polymer feed system
shall be installed in accordance with recommendations of the manufacturer. Siemens shall
furnish all necessary appurtenances including but not be limited to piping, pipe supports,
valves, gasket, bolts and nuts, oil and grease for initial operation in accordance with
manufacturer’s recommendations.
Attachment number 2
Page 10 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 11 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
• Equipment to be installed includes the following:
1. Centrifuge Dewatering System
b. Major Components installed as a unit
Bowl and bowl cover
100 HP main drive motor
20 HP back drive system
Discharge chute and connections
Polymer and wash water injection
Speed reducer
Base
Main centrifuge bearings
Sample taps
Isolators
Control panels with VFD and PLC controller
Diverter gate
b. Shipped Loose Accessory Components, to be installed separately in field.
Fasteners
Instruments
Spare parts – manufacturer recommended spare parts
Special tools
2. Polymer Feed System
c. Major Components installed as a unit
Skid mounted system with control panel and PLC controller
d. Shipped Loose Accessory Components, to be installed separately in field
Valves
Spare Parts in clearly identified containers
o One (1) mechanical seal or packing per pump
o One (1) set of mixing chamber o-rings
o One (1) mixing chamber injection check valve
o One (1) pump stator
• Equipment to be refurbished on-site includes the following:
1. Belt Filter Press
Replace wear strip grid system in the gravity and wedge zones
Replace table rolls (8 of them will be reused)
Replace corroded upper and lower tension brackets
Replace corroded sidewall support brackets
Perform all incidental work
2. Conveyors
24-in-x-25ft-8-in conveyor
refurbish the drive drum
replace pillow block bearings
refurbish take-up drum
replace take-up drum bearings
replace motor (1 hp 1740 rpm)
replace gear reducer
replace motor mount
replace V-belt
replace belt scraper
replace schedule 80 PVC idlers and end caps
replace shafts
replace vulcanized belt.
replace SS drive shaft and tail shaft
Attachment number 2
Page 11 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 12 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
replace SS althread rods
replace brass nuts
perform all incidental work
3. Reversible belt conveyor
replace motor (1 hp)
replace double reduction-gear reducer
refurbish drive drum
replace drive bearings
replace V-belt
replace pillow block bearings
replace 3-in schedule 80 PVC idlers and end caps
replace SS shafts
refurbish take-up drum
replace take-up bearings
replace althread rod
replace brass nuts
replace 38-ft two-ply vulcanized belt
perform all incidental work
4. Shuttle Belt Conveyor
replace SS angles
replace pillow block bearings
replace SS shafts
replace 3-in PVC idlers and end caps
replace ½-hp and 1-hp motors
replace reducer and base kit
o replace sprockets
replace SS chain
refurbish drive drum
refurbish take-up drum
replace take-up bearings
replace althread rods
replace bronze nuts
replace SS hex head bolts
replace SS flat and lock washers
perform all incidental work
• Mechanical
1. Centrifuge Dewatering and Polymer Feed System
Remove one of the existing belt presses and associated electrical and
control, modify the walkway, refurbish the remaining belt press on-site,
refurbish the conveyors on-site, remove the existing polymer feed system
and install new VeloBlend polymer feed system.
Discharge Piping - Fabricate and install sludge feed pipe, filtrate discharge
pipe, polymer feed pipe, and wash water pipe.
Accessory Components – Assemble and install all loose components, as
identified above
• Electrical
1. Furnish and install electrical and control per drawings and specifications.
2. Modify the SCADA system to incorporate the new equipment per drawings and
specifications.
• Instrumentation
1. Furnish and install instruments per drawings and specifications.
2. Unit process controls shall be fully integrated into the existing plant SCADA system.
Attachment number 2
Page 12 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 13 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
• The Work shall be performed in accordance with the following specifications, drawings and
other attachments hereto, which are specifically incorporated herein and made part hereof:
1. Design drawings and specifications
2. Field Photos: depicting pre-construction conditions at each facility.
8.0: Marshall Street APCF – FIM #4 – Mixer Replacement
This FIM includes the following:
• Siemens shall install, test, and place into satisfactory operation the new mixers at the Marshall
Street Advanced Pollution Control Facilities (APCF) as specified herein. Siemens shall install
all equipment identified below, with the exception of the items demarcated as spares.
• Siemens shall remove the existing mixers at the Marshall Street APCF as specified herein.
• Siemens shall install six (6) mixers in the fermentation tanks with motors, gear boxes, and
accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-
25RPM-1HP-70XELSC.
• Siemens shall install nine (9) mixers in the first anoxic tanks with motors, gear boxes, and
accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-PTOS-
20 RPM-1HP-80XELSC.
• Siemens shall install twelve (12) mixers in the second anoxic tanks with motors, gear boxes,
and accessories. The mixers to be installed are Philadelphia Mixing Solutions model 4020-
PTOS-20RPM-1HP-80XELSC.
• The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be installed by
Siemens in accordance with the instructions of the manufacturer. Siemens shall use associated
Reference Documents for installation.
• The mixer shall be connected to the existing electrical termination box.
• Each mixer shall be mounted on a SS316 base plate with isolators as shown in the Reference
Documents and in accordance with the recommendations of the Manufacturer.
• During the work, Siemens shall coordinate with the Owner to maintain the operation of the
facility, maintain the biological treatment processes, and meet permit discharge requirements.
• Equipment to be installed includes the following:
1. Mixers
Mixer shafts
Mixer blades
Motors
Gear boxes
Base plates
Isolators
Mounting brackets (at East APCF only)
Accessories
2. Shipped loose, stored locally as spare parts
Special tool, if any
Manufacturer recommended spare parts
• Mechanical
1. Demolish the existing mixer and install mixers, shafts, motors, gear boxes, base
plates, isolators, mounting brackets in according to manufacturer’s instruction,
contract drawings and specifications.
2. Siemens shall furnish all necessary tools and appurtenances including nuts, bolts, and
lubricant to complete the installation.
Attachment number 2
Page 13 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 14 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
• Electrical
1. Disconnect the existing electrical connection and connect the new mixers to the
existing electrical panel.
2. Install a thermal overload relay in the MCC panel for each mixer.
• The Work shall be performed in accordance with the following specifications, drawings and
other attachments hereto, which are specifically incorporated herein and made part hereof:
1. Design Drawings for Marshall Street and Northeast APCF.
2. Field Photos: depicting pre-construction conditions.
9.0: East APCF – FIM #1 – Indoor/Outdoor Lighting
Lighting Retrofit / Lighting Occupancy Sensors
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium efficiency T-8
lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and standard electronic
ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where occupancy
varies and lighting runtime reduction opportunities are present. The occupancy sensors are dual
technology, which use a combination of infrared and ultrasonic sensors. The occupancy sensors will be
programmed to turn off lighting in a specified area after a 10 minute period of no occupancy.
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of selected
fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting occupancy sensors.
Replacement of missing or broken lenses is not included in the scope of this work.
A detailed description of all lighting retrofits, lighting counts, and product information can be found in the
Technical Energy Audit submitted with this contract.
General Responsibilities
For all of the FIMs listed above, the City will be required to review the design, provide comments and
approvals as needed. The City will also be required to review, provide comments and approvals as needed
for the equipment used in the measurement and verification process. Once the final designs are completed,
SIEMENS will provide the required as-built drawings.
Attachment number 2
Page 14 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 15 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
Article 2: Work Implementation Period
2.1 Commencement of Work (select one):
2.1.1 SIEMENS shall commence the Work on __________, 20__, and shall perform the Work
diligently and shall complete the Work no later than ____________, 20__;
or,
2.1.1 SIEMENS shall commence the Work calendar days from the Effective Contract Date,
and shall perform the Work diligently and shall complete the Work no later than calendar
days from the day of commencement.
2.2 Milestones: Specific scheduling milestones and coordination requirements are as follows:
Article 3: Scope of Services-Performance Assurance Services Program
3.1 A reconciliation of Savings shall be performed each Annual Period. SIEMENS will perform either a
one-time equipment measurement or ongoing annual measurements, depending on the FIM. Please
refer to Exhibit C for the scope of the Measurement and Verification Program included as a part of the
PASP.
Article 4: Scope of Services-Maintenance Services Program
. CLIENT has elected to self-implement maintenance for all FIMs, with the exception of a shared-
responsibility maintenance program pertaining to FIM #4 – See Section 4.1 for details. Therefore,
regarding all other FIMs, SIEMENS shall not perform any on-going maintenance services,
although the Parties may negotiate a separate agreement for such services at a later date. CLIENT
agrees that it will maintain the equipment per manufacturer specifications and that it will operate
the Equipment in accordance with the Contracted Baseline described in Article 7 of Exhibit C. If
CLIENT fails to properly maintain or operate the Equipment, SIEMENS shall have the right to
modify the Performance Guarantee pursuant to Article 4 of the Agreement.
X The follow consists of the Services to be performed by SIEMENS
4.1 Shared Responsibility of Maintenance Services for FIM #4, Methane Capture and Reuse
To achieve the guarantee per Exhibit C Article 4.2.4 the maintenance tasks associated with the
Cogeneration and FOG systems equipment within FIM #4 must be performed. The City and
Siemens will share responsibility as indicated within the respective articles below. The respective
tasks shall follow the manufacturer’s recommendation for conducting maintenance on certain
repetitive schedules, with the exception where digester gas composition or field conditions may be
cause for an adjustment to the schedules. In all cases where a maintenance schedule adjustment is
required, Siemens shall communicate in writing to the City the need for such adjustment. Prior to
equipment shutdown for purposes of maintenance, Northeast APCF operations shall be notified of
intended shutdown.
• Siemens Responsibilities
1. Reciprocating engine-generator – Furnish the following parts/materials.
Furnish oil sampling kit
Engine lubrication oil
Attachment number 2
Page 15 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 16 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
Engine lubrication oil filter
Spark plugs
2. Reciprocating engine-generator – Furnish parts/materials and labor to perform
maintenance, e.g. refurbishment or replacement, for the following tasks/components.
Cleaning of the Engine-Generator and auxiliary systems, including
switchgear, control and interface cubicles, relays, MCCs, radiators and all
heat exchangers and pumps within container boundary.
Overhaul of engine-generator, including starter, ignition system, turbo-
charger, water pump, oil pump, valve train, camshaft, crankshaft, cylinder
head, bearings, coolant fluid, and generator/alternator, and other
miscellaneous components that are required for reciprocating engine-
generator proper and consistent operation.
Changing of spark plugs
Lubrication oil sampling and shipping to lab for analysis.
Changing lubrication oil and oil filter.
Arrange for and administer the retrieval and disposal of waste oil.
Arrange for and administer the retrieval and disposal of coolant fluid.
3. Fuelgas Conditioning System – Furnish parts/materials and labor to perform the
following task.
Remove spent hydrogen sulfide adsorption media, and replace with fresh
media.
Remove spent FOG tank odor control vessel with media, and replace with
new vessel with media.
Changing blower oil and filter.
Arrange for and administer the retrieval and disposal of waste oil.
Replacement of drive belts.
Refrigeration system component inspection and cleaning.
Calibration of biogas sensors and flowmeter.
4. FOG Receiving and Storage System
Clean out debris from rock and grit traps
Pump maintenance.
Control valve maintenance
Calibration of level sensors
Maintain Hauler’s Interface Control Station, and connectivity and
functionality of components connected to and delivering data to
SCADA/plant IT network.
• City’s Responsibilities
1. Reciprocating engine-generator – Furnish labor to perform the following tasks.
Conduct daily inspections.
Clean and maintain electrical switchgear, breakers and protective relay
equipment associated with the interconnection of the electrical generator to
the Northeast APCF electrical distribution facility.
Maintain connectivity and functionality of components connected to and
delivering data to SCADA/plant IT network.
2. Fuelgas Conditioning System – Furnish parts/materials and labor to perform the
following tasks.
Conduct daily inspections
Maintain connectivity and functionality of components connected to and
delivering data to SCADA/plant IT network.
3. FOG Receiving and Storage System
Conduct daily inspections.
Attachment number 2
Page 16 of 17
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Page 17 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v. 2009
By signing below, this Exhibit is attached to and made a part of the Agreement between SIEMENS and the
CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2
Page 17 of 17
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 1 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 1: Payment for Scope of Work
1.1 Price: As full consideration of the Work as described in Exhibit A, Article 1: Scope of
Work, CLIENT shall pay to SIEMENS $6,902,076 (plus taxes, if applicable). Table B.1
reflects SIEMENS’ Contract Price and also reflects $2,959,683 for owner-direct purchase
(“ODP”, pursuant to Section 212.08(6) of the Florida Statutes and the Fla. Admin. Code
Ann. R. 12A-1.094 and 12A-1.038) of related equipment by the CLIENT from vendors, as
required to perform the required services. Therefore, total price of the project is
$9,861,759.
1.2 Payment Warranty: In lieu of an escrow account, CLIENT hereby warrants that: (1) the
Project is being financed by the issuance and sale of bonds, whose sale has been
consummated and the proceeds of which are in the CLIENT’S exclusive possession and
control; (2) the use of these proceeds is restricted to funding the SIEMEN’S Work as
specified in this Agreement and the bond(s) offering, and (3) that the CLIENT as a body
politic and incorporate is of investment grade. In the event CLIENT has previously
approved SIEMENS to proceed with the Work, the CLIENT shall be obligated to
reimburse SIEMENS for authorized Work performed to date.
1.3 Timely Payments: The CLIENT agrees to pay SIEMENS per Table B.1 below. CLIENT
agrees to pay all invoices submitted by SIEMENS per Article 8 of the Agreement.
Table B.1 – FIM Work Payment Schedule
Project Phase Payments ($) Payments (%) Schedule
Engineering/Preconstruction
Services/Audit 345,104
5%
7/1/2011
Progress Payment #1 1,035,311 15% 10/1/2011
Progress Payment #2 1,035,311 15% 12/1/2011
Progress Payment #3 1,035,311 15% 2/1/2012
Progress Payment #4 690,208 10% 03/1/2012
Progress Payment #5 690,208 10% 12/1/2011
Progress Payment #6 690,208 10% 1/1/2012
Progress Payment #7 345,104 5% 3/1/2012
Progress Payment #8 345,104 5% 5/1/2012
Progress payment #9 345,104 5% 8/1/2012
Retainage 345,104 5% 10/1/2012
SIEMENS’ PRICE:
$6,902,076 100%
NORTH EAST
Bio Reactor
Centrifuge
Polymer Pumps
Electric Generator
Fuel Conditioning System
Mixers
$127,000
$345,500
$54,014
$641,760
$329,402
$578,000
Owner Direct
Purchase
MARSHALL STREET
Centrifuge
Polymer Pumps
Mixers
$345,500
$27,007
$511,500
Owner Direct
Purchase
TOTAL PROJECT COST:
9,861,759
Attachment number 3
Page 1 of 6
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 2 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 1 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the
CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3
Page 2 of 6
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 3 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 2: Payment for Performance Assurance Services Program (PASP)
2.1 Price: As full consideration of the Services as described in Exhibit A, Article 3, the
CLIENT shall pay to SIEMENS the amounts identified in Table B.2 plus taxes, if
applicable, on the dates identified therein.
2.2 Performance Assurance Services Program Term: The term of the PASP shall
commence on the Guarantee Date and shall extend for either: (a) the term of the
Performance Guarantee Period where multi-year obligations are allowed; or (b) for twelve
(12) month periods corresponding to the term of each Annual Period.
2.3 Automatic Renewal: Where the PASP term is limited to an Annual Period, the PASP
shall automatically renew for successive Annual Periods beginning on the anniversary date
of Guarantee Date. Either party may request to amend the PASP at the end of an Annual
Period by giving the other party at least sixty (60) days prior written notice of such
amendments and such amendment shall be mutually negotiated by the Parties and
effective upon a written amendment signed by both Parties prior to commencement of the
next Annual Period. Each automatic renewal shall be and remain subject to the terms and
conditions of this Agreement. SIEMENS obligations under the Performance Guarantee
are dependent upon and subject to the express condition that the CLIENT maintains the
PASP during the entire Performance Guarantee Period.
2.4 Termination: See Section 4.7 of the Agreement.
Table B.2 – Performance Assurance Program Payment Schedule
Date Annual Payments ($) Notes
9/1/2012 $ 12,458
9/1/2013 $ 12,832
9/1/2014 $ 13,217
9/1/2015 $ 13,613
9/1/2016 $ 14,022
9/1/2017 $ 14,442
9/1/2018 $ 14,876
9/1/2019 $ 15,322
9/1/2020 $ 15,781
9/1/2021 $ 16,255
9/1/2022 $ 16,743
9/1/2023 $ 17,245
9/1/2024 $ 17,762
9/1/2026 $ 18,295
9/1/2026 $ 18,844
Attachment number 3
Page 3 of 6
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 4 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 2 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the
CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3
Page 4 of 6
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 5 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 3: Payment for Maintenance Services Program (MSP)
3.1 Price: As full consideration of the Services as described in Exhibit A, Article 4, the
CLIENT shall pay to SIEMENS the amounts identified in Table B.3 plus taxes, if
applicable, on the dates identified therein.
3.2 Maintenance Services Program Term: The initial or first term of the MSP shall
commence on the Operation Date and shall have duration of 12 months and shall extend
thereafter for the term as identified in Table B.3 and in accordance with Section 3.3
below.
3.3 Automatic Renewal: Where multi-year obligations are disallowed, the Maintenance
Services Program shall automatically renew for successive twelve (12) month periods
beginning on the ending anniversary date of the initial or first term as set forth in Article 3.2
above, and each twelve (12) month period thereafter as identified in Table B.3. Either party
may request not to renew or to amend the Maintenance Services Program at the end of
the initial term or at the end of a renewal term by giving the other party at least sixty (60)
days prior written notice of such amendments or intent not to renew. Each renewal shall be
and remain subject to the terms and conditions of this Agreement.
Table B.3 – Maintenance Services Program Payment Schedule
Date Annual Payments ($) Notes
9/1/2012 $ 253,197
9/1/2013 $ 260,793
9/1/2014 $ 268,617
9/1/2015 $ 276,675
9/1/2016 $ 284,975
9/1/2017 $ 293,525
9/1/2018 $ 302,330
9/1/2019 $ 311,400
9/1/2020 $ 320,742
9/1/2021 $ 330,365
Attachment number 3
Page 5 of 6
Exhibit B – Payment Schedules
City of Clearwater, Florida
Page 6 of 6
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v. 2009
Article 3 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the
CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3
Page 6 of 6
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 1 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
The following Articles and Tables are hereby included and made part of this Exhibit C:
Article 1: Summary of Articles and Total Guaranteed Savings
Article 1 Summary of Articles and Total Guaranteed Savings
Article 2 Guarantee Savings Types
Article 3 Guarantee Term Responsibilities of CLIENT
Article 4 Measurement and Verification Plan
Article 5 Baseline Data
Article 6 Utility Rate Structures and Escalation Rates
Article 7 Contracted Baseline Data
Table 1.1 – Total Guaranteed Savings (Units)
Performance
Period
Electric
Energy Saved
(kWh)
Electric
Power Saved
(kW)
Polymer
Saved
(Gallons)
PRISC Saved
(Gallons)
Disposal (Wet
Tons)
Construction 0 0 0 0 0
Annual Period 1 4,276,122 3,492 -3,235 11,046 6,176
Table 1.2 – Total Guaranteed Savings (Cost)
Performance
Period
Energy/Operational
Measured Savings
Operational Savings
Stipulated
Total Savings
Construction $0.00 $0.00 $0.00
Annual Period 1 $507,516 $3,523 $511,039
Annual Period 2 $522,742 $3,629 $526,370
Annual Period 3 $538,424 $3,738 $542,161
Annual Period 4 $554,577 $3,850 $558,426
Annual Period 5 $571,214 $3,965 $575,179
Annual Period 6 $588,350 $4,084 $592,434
Annual Period 7 $606,001 $4,207 $610,207
Annual Period 8 $624,181 $4,333 $628,514
Annual Period 9 $642,906 $4,463 $647,369
Annual Period 10 $662,193 $4,597 $666,790
Annual Period 11 $682,059 $4,735 $686,794
Annual Period 12 $702,521 $4,877 $707,398
Annual Period 13 $723,597 $5,023 $728,620
Annual Period 14 $745,304 $5,174 $750,478
Annual Period 15 $767,664 $5,329 $772,992
TOTALS $9,439,248 $65,524 $9,504,772
*Operational savings consists of, lighting materials and disposal reductions in cost.
1.1 Table 1.1 shows the CLIENT’S guaranteed energy/utility unit Savings for Annual Period 1 of the
Agreement. Table 1.2 shows the CLIENT’S guaranteed cost Savings that can be extrapolated
from the guaranteed energy/utility unit Savings shown in Table 1.1 by multiplying the
energy/utility Savings by the Baseline energy/utility rates including the stipulated Escalation Rates
found in Article 6.
1.2 SIEMENS cannot and does not predict fluctuations in utility rates or the cost of energy.
Therefore, the CLIENT and SIEMENS agree that the energy/utility cost Savings for each Annual
Period will be calculated by multiplying the verified units of energy/utility Savings by the Annual
Period’s stipulated energy/utility rate and Escalation Rates and not the Annual Period’s actual
utility rate.
1.3 The determination of Energy/Utility Savings will follow current best practice, as defined in the
IPMVP, or the FEMP Guidelines where required, unless otherwise agreed to by the Parties.
Attachment number 4
Page 1 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 2 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
This Exhibit C comprising of Enter TOTAL number of pages including appendicies pages is attached to
and made a part of the Agreement between SIEMENS and the CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4
Page 2 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 3 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 2: Guaranteed Savings Options
2.1 Guarantee Savings Options for Energy/Utility Savings: Utilizing IPMVP, there are four guarantee
savings options to measure and verify Energy/Utility Savings: Option A - Retrofit Isolation: Key
Parameter Measurement; Option B - Retrofit Isolation: All Parameter Measurement; Option C -
Whole Facility; and, Option D – Calibrated Simulation.
Option A - Retrofit Isolation: Key Parameter Measurement. Savings are determined by field measurement
of the key performance parameter(s) which define the energy use of the FIM’s affected system(s) and/or
the success of the project. Measurement frequency ranges from short-term to continuous, depending on the
expected variations in the measured parameter, and the length of the reporting period. Parameters not
selected for field measurement are estimated. Estimates can be based on historical data, manufacturer’s
specifications, or engineering judgment. Documentation of the source or justification of the estimated
parameter is required. The plausible savings error arising from estimation rather than measurement is
evaluated. The predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit
A, Article 3-Performance Assurance Services Program.
Option B – Retrofit Isolation: All Parameter Measurement. Savings are determined by field measurement
of the energy use of the FIM-affected system. Measurement frequency ranges from short-term to
continuous, depending on the expected variations in the savings and the length of the reporting period. The
predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-
Performance Assurance Services Program.
Option C - Whole Facility: Savings are determined by measuring energy use at the whole facility or sub-
facility level. Continuous measurements of the entire facility’s energy use are taken throughout the
reporting period. The predetermined schedule for data collection, evaluation, and reporting is defined in
Exhibit A, Article 3-Performance Assurance Services Program.
Option D - Calibrated Simulation: Savings are determined through simulation of the energy use of the
whole facility, or of a sub-facility. Simulation routines are demonstrated to adequately model actual energy
performance measured in the facility. This Option usually requires considerable skill in calibrated
simulation. The predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit
A, Article 3-Performance Assurance Services Program.
2.1.1. Operational Savings: Operational Savings are Stipulated Savings derived from data
provided by the CLIENT to SIEMENS that supports the stipulated outcome. Section 2.3 below
identifies each source of Operational Savings, the Stipulated Savings, and any applicable
Escalation Rate to be applied. The Stipulated Savings applicable to all Annual Periods will be
achieved upon completion of the FIM. No further measurement or verification will need to be
performed.
2.2 Table 2.1 below summarizes the first Annual Period’s Guaranteed Savings (See Article 1, Tables
1.1 and 1.2) utilizing the applicable Options as applied to the referenced FIMs valued pursuant to
the agreed upon amounts identified in Article 6 hereof .
Attachment number 4
Page 3 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 4 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Table 2.1 – Savings for First Annual Period by Option
Energy/Utility
Saving $
Operational
Savings $
Guarantee Type Options
FIM A
Retrofit
Isolation: Key
Parameter
Measurement
B
Retrofit
Isolation:
All
Parameter
Measurem
ent
C
Whole
Facility
D
Calibrated
Simulation
Total Energy
/Utility
Savings
Operational
Savings
Stipulated
Total
Savings $
Northeast – Odor Control $45,618 $0 $0 $0 $45,618 $0 $45,618
Northeast – Lighting $14,793 $0 $0 $0 $14,793 $1,128 $15,921
Northeast – Dewatering $48,149 $0 $0 $0 $48,149 $0 $48,149
Northeast – Methane Recapture $160,377 $0 $0 $0 $160,377 $0 $160,377
Northeast – Mixers $82,989 $0 $0 $0 $82,989 $0 $82,989
Marshall – Lighting $14,459 $0 $0 $0 $14,459 $1,909 $16,368
Marshall – Dewatering $56,249 $0 $0 $0 $56,249 $0 $56,249
Marshall – Mixers $77,007 $0 $0 $0 $77,007 $0 $77,007
East – Lighting $4,352 $0 $0 $0 $4,352 $486 $4,838
TOTALS $503,993 $0 $0 $0 $503,993 $3,523 $507,516
2.3 Table 2.2 identifies the source of Operational Savings defined and quantified by the CLIENT.
The Parties affirm that such amounts are Stipulated Savings for purposes of calculating Annual
Realized Savings and acknowledge that the Guaranteed Savings identified herein have been based
on CLIENT’S affirmation. OPERATIONAL SAVINGS SHALL NOT BE MEASURED OR
MONITORED DURING THE PERFORMANCE GUARANTEE PERIOD.
Table 2.2 - Source of Operational Savings for First Annual Period
Account/'Vendor
Description
Annual
Value ($)
# of Annual
Periods
Savings Are
Applied
First Year
Annual
Savings
Allowed
Lighting – All APCFs Reduced Lamp/Ballast Replacements $3,523 15 1
2.4 SIEMENS has explained to the CLIENT and the CLIENT has satisfied itself as to how
Operational Savings are incorporated into the Annual Realized Savings.
2.5 The Escalation Rate applicable to the Operation Savings is 3%
BY SIGNING BELOW, THE PARTIES CONFIRM THAT THEY HAVE REVIEWED THE INCLUDED
GUARANTEE SAVINGS OPTIONS AND THEIR APPLICATION TO BE USED IN CALCULATING
SAVINGS UNDER THE AGREEMENT.
Attachment number 4
Page 4 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 5 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4
Page 5 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 6 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 3: Guarantee Term Responsibilities of the CLIENT
In addition to the CLIENT’S responsibilities under Article 6 of the Agreement, this Article details the
responsibilities of the CLIENT in connection with the management and administration of the Performance
Guarantee.
3.1 The CLIENT will provide a representative at each Facility to coordinate work and provide
required data described below.
3.2 The CLIENT will provide SIEMENS with accurate facility operating information as defined
below and in the Contracted Baseline article of this Exhibit C during each Annual Period, within
thirty (30) days of any Material Change that may increase or decrease energy usage.
3.3 CLIENT will provide SIEMENS with copies of utility bills within thirty (30) days of receipt by
CLIENT or provide access to utility vendor information.
3.4 If required for the Work, CLIENT will provide telephone/data remote access, through SIEMENS
Insight® software package or otherwise, as SIEMENS reasonably requests. All charges related to
telephone/data line installation, activation and communication services are the responsibility of the
CLIENT.
Attachment number 4
Page 6 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 7 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 4: Measurement and Verification Plan
The following information is applicable to this Agreement:
Article 4.1 General Overview
Article 4.2 Option A - Retrofit Isolation: Key Parameter Measurement
Article 4.3 Option B - Retrofit Isolation: All Parameter Measurement
Article 4.4 Option C - Whole Facility
Article 4.5 Option D - Calibrated Simulation
4.1 General Overview –
The purpose of the Measurement and Verification (M&V) Plan is to identify the methods,
measurements, procedures and tools that will be used to verify the Savings for each FIM
which has Energy/Utility Savings. Savings are determined by comparing prior usage,
consumption or efficiencies defined as the Baseline to the selected FIMs being implemented
against the post FIM implementation usage, consumption or efficiencies. The Baseline usage,
consumption or efficiencies is described in this Exhibit C, Article 5. The usage, consumption
or efficiencies associated with the FIM implementation is defined as the Contracted Baseline,
and are described in this Exhibit C, Article 7.
NOTE: Excess savings will always be retained by CLIENT; there are no shared savings for
dollars achieved in excess of the savings. This eliminates all risk to CLIENT for conservatism in
calculations of the energy and operational savings.
4.2 Option A - Retrofit Isolation: Key Parameter Measurement
4.2.1 Northeast APCF – FIM #1 – Odor Control – Biofilter
M&V Method – The key measurement parameters for this FIM are chemical usage and H2S levels in the
Headworks building at the plant. The baseline for this measure is based on invoices for the existing
chemical usage and pre-measurements of H2S levels within the headworks building taken before the
upgrades are made at a location agreed upon by all parties. Post measurements for this measure will include
post retrofit invoices for chemical usage for PRISC and Odophos and post-measurements of H2S levels
within the headworks building in the same locations chosen for the pre-measurements. The H2S levels will
be continuously logged with an Odalogger and reported to the CLIENT. The National Institute for
Occupational Safety and Health (NIOSH) threshold value for the H2S OEL (Occupational Exposure Limit,
concentration refers to the Time Weighted Average (TWA) concentrations for a normal eight-hour period)
is 10 ppm.
Post measurements will be compared to baseline and guaranteed consumption avoidance will be
verified. This reconciliation will be done annually for each performance period year for the life of
this agreement.
Description - The savings for this energy conservation measure is derived by reducing the amount
of chemicals currently used for odor control. A Siemens Chemical Delivery Report was obtained
for calendar years 2007 through 2009. The amount, in gallons, delivered to the plant during our
baseline year of 2009 is shown in the table below. The new Biofiltration unit will consume energy
(3.5 HP motor) to operate. This energy consumption, although small, was included in the overall
savings calculation for this FIM. Annual Energy Costs are calculated and can be found in
Appendix 1 of the Detailed Energy Audit. The Odor Control system will be designed to keep H2S
levels in the headworks building within the acceptable NIOSH OEL threshold value.
Calculations -
Total Annual Savings = Annual Chemical Savings – Annual Energy Costs – Annual Maintenance
Costs
Where:
Attachment number 4
Page 7 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 8 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
• Annual Chemical Savings =
Date of Delivery Odophos
Gallons
Total Cost
January 9, 2009 1950 $ 1,657.50
January 12, 2009 2500 $ 2,125.00
January 19, 2009 1300 $ 1,105.00
February 9, 2009 400 $ 340.00
February 28, 2009 1300 $ 1,105.00
March 24, 2009 2600 $ 2,210.00
April 2, 2009 1200 $ 1,020.00
April 9, 2009 900 $ 765.00
April 16, 2009 500 $ 425.00
June 8, 2009 3100 $ 2,635.00
June 25, 2009 1000 $ 850.00
July 21, 2009 1200 $ 1,020.00
July 21, 2009 1000 $ 850.00
August 28, 2009 500 $ 425.00
August 28, 2009 1700 $ 1,445.00
November 25, 2009 2100 $ 1,785.00
December 4, 2009 1800 $ 1,530.00
December 11, 2009 200 $ 170.00
Annual Total 25250 $ 21,462.50
Where:
• Annual Energy Costs = Refer to Appendix 1of Detailed Energy Audit for calculations
• Annual Energy Costs = $1,082.36
Where:
Date of Delivery PRISC Gallons Total Cost
January 22, 2009 1006 $ 4,305.68
February 13, 2009 2000 $ 8,560.00
March 19, 2009 1800 $ 7,704.00
April 27, 2009 2300 $ 9,844.00
June 5, 2009 1900 $ 8,132.00
July 13, 2009 1700 $ 7,276.00
August 21, 2009 2178 $ 9,321.84
October 6, 2009 2505 $ 10,721.40
November 9, 2009 2000 $ 8,560.00
December 14, 2009 1021 $ 4,369.88
Annual Total 18410 $ 78,794.80
60% Reduction 11046 $ 47,276.88
Attachment number 4
Page 8 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 9 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
• Annual Maintenance Costs = Annualized Nutrient Costs + Annualized Media
Replacement Costs
• Annual Maintenance Costs = $169 + $388 per year
• Annualized Maintenance Costs = $577 per year
Total Annual Savings = $47,276.88 - $1,082.36 - $577
Total Annual Savings = $45,617.52
Sample Shortfall Calculation:
Baseline Odophos Total Units = 25,250 gallons
Baseline PRISC Total Units = 18,410 gallons
Year 1 Odophos Invoice Total Units = 25,250 gallons
Year 1 PRISC Invoice Total = 19,500 gallons
Year 1 Savings Total Units = (25,250 – 25,250) + (18,410 – 19,500) = -1,090 gallons
Guarantee not met shortfall check to be written to the City in the amount of:
Sample Shortfall Dollars = 1,090 gallons * $4.28/gallon PRISC = $4,665.20
4.2.2 Northeast APCF – FIM #2 – Indoor/Outdoor Lighting
M&V Method – The key measurement parameter for this FIM is pre and post-retrofit wattage. A
sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total fixtures retrofit, will
be measured pre-retrofit and post-retrofit to demonstrate calculated reduction was attained. An as-
built lighting listing will be provided to CLIENT showing total target wattage reduction was
achieved or exceeded. The same watt meter will be used to check both the pre and post-retrofit
wattages. The post measurements will be taken after the manufacturers recommended burn-in
period. These measurements will be performed one time and will be documented in the
construction period report.
Description - The following table lists the predicted energy and maintenance savings. Refer to
Appendix 1 of the Detailed Audit Report for details.
Table: Predicted Energy Savings
FIM
Annual Reduction
kWh kW
(12 month sum)
Lighting Efficiency
Improvements 196,288 347
Calculations - Energy savings is determined by calculating baseline and post-installation lighting
kW and kWh. Fixture Wattages are based on an Industry table of standard Wattages.
Baseline:
diversitykWfixturesofqtykWtotal basefixturebase ××=
hoursoperatingkWtotalkWhtotal basebase ×=
Where:
• total kW base = cumulative baseline electric power draw of lighting fixtures
• qty of fixtures = quantity of similar fixtures in the group represented by
the sampling
Attachment number 4
Page 9 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 10 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
• kW fixture base = baseline fixture wattage determined from measurement or
from Industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights post (kW) = # of fixtures x (Fixture kW post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
• Fixture kW post = baseline fixture wattage determined from measurement
• # of fixtures = number of similar fixtures
• Lights post (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption of
lighting fixtures
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews. These
hours are the same as the base case unless occupancy sensors are installed
in the circuit. The reduction in operating hours will be assumed to be 50%
for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) – Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh)
Sample Calculations for this FIM are shown below:
Existing Lighting System
Total Hours kWh/yr
Qty Hours On-peak off-peak Watts kW on-peak off-peak
2X4 2 LAMP
T12 TROFFER 11 6570 2163 4407 836 0.84 1,817 3,702
Proposed Lighting System
Total Hours kWh/yr Hours
Reduction ECM Qty Hours On-peak off-peak Watts kW on-peak off-peak
11 462 0.46 3,035 3,022 -0.42%
2LXS 11 6570 2163 4407 462 0.46 995 2,027
kW Savings per kW Savings kWh Savings kWh $ Savings
Attachment number 4
Page 10 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 11 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Northeast WRF (Based on 2010 Sludge Production Data)
Belt PressCentrifugeRemarks for Belt Press (annual average)
Sludge flow to belt press:15.67 15.67 MG/year(Estimated from H&H report)
2.24 2.24 % Solids PAD(From DMR)
9,628.29 6,097.92 wt/year
15.20 24.00 %(Based on H&H report, see Worksheet "Compare")
> 95% solids capture
1,463.50 1,463.50 dt/year(Based on H&H report, see Worksheet "Compare")
Polymer usage:17.77 25.00 lb active/dt(40% active - Based on Polydyne SE-797 used by the City)
7,964.12 10,967.48 gal/year(From DMR)
65,029.00 91,468.75 lb/year(From DMR)
Operating schedule:89.52 33.48 hrs/week
4,655.00 1,740.87 hr/year(From DMR)
56.10 150.00 gpm
Number of unit:2.00 1.00
ExistingNew
ConditionsCentrifugeSavings
Polymer
gal/year7,964.12 10,967.48
$/gal8.428.42
Subtotal $/year67,057.89 92,346.15 (25,288.26)$
Power
HP/unit10100
kW/unt8.383
yr ($/yr)
on-peak
off-
peak on-peak off-peak
4.56 $14.82 822 1,675 $80.59 $103.16
4.2.3 Northeast APCF – FIM #3 – Dewatering Centrifuge
M&V Method – The key measurement parameters for this FIM are maximum polymer usage,
maximum energy usage, minimum % solids and minimum % solids capture rate.
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 98.73 kWh/Dry Ton
Minimum % Solids 24% Solids
Minimum Capture Rate % 95% Capture Rate
The baseline for this FIM is based on the existing biosolids data and system usage for 2010 and a
pilot study performed by Andritz Monthly reporting of the key parameters will be coordinated
with the City’s staff. This verification process will be done ongoing for the life of the contract
period.
Description - Based on the biosolids production of both Northeast and East APCF, the design
operating capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based on the results
and sludge characteristics from the pilot test that was conducted by Andritz in 2006 at the Plant,
Siemens will guarantee 24% cake at the specified loading. The % solids measurements are already
recorded in the City’s Laboratory Information Management System (LIMS) and entered into the
plants SCADA system. The City will notify SIEMENS if the % solids drop below the guaranteed
24% on a monthly basis.
Attachment number 4
Page 11 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 12 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
In order to determine the real operations and maintenance costs associated with each dewatering
technology all of the above parameters were reviewed. However, SIEMENS did not include the labor and
maintenance costs for plant employees and washwater usage in the final savings analysis for this measure.
Sample Shortfall Calculation:
Baseline Parameters:
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 98.73 kWh/Dry Ton
Minimum % Solids 24% Solids
Minimum Capture Rate % 95% Capture Rate
Sample Year 1 Parameters:
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 98.73 kWh/Dry Ton
Minimum % Solids 22% Solids
Minimum Capture Rate % 95% Capture Rate
Baseline Year Wet Tons at 24% Solids = 6,097.92 wet tons
Sample Year 1 Wet Tons at 22% Solids = 6,652.27 wet tons
Year 1 Savings Total Units = 6,097.92 – 6,652.27 = -554.35 wet tons
Guarantee not met shortfall check to be written to the City in the amount of:
Sample Shortfall Dollars = 554.35 wet tons * $23.80/wet ton = $13,193.53
4.2.4 Northeast APCF – FIM #4 – Methane Recapture and FOG Receiving
M&V Method – The key measurement parameters for this FIM are annual run time and annual
available hours associated with the engine-generator. This is a new system being installed so there
are no baseline measurements for this FIM. The post retrofit run-hours will be measured with an
elapsed run time meter and compared with records of downtime. Siemens will record the actual
generator run-hours and check for reasonability approximately once per quarter and record and
document incidents where run time was reduced with determination of down-time cause. The
annual rollup of runtime/downtime with details as to cause of downtime will be reported to the
City.
Attachment number 4
Page 12 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 13 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Description - Significant annual utility cost savings are anticipated with the implementation of the
Cogeneration and FOG Receiving Station. The indicated utility savings are based upon specific
and key contributing factors, including: a set of Key Elements and Technical Assumptions as
listed within the NE APCF FIM #4 section of Exhibit E, which identify operational parameters,
and subsequent derivation of digester energy levels produced; the baseline utility tariff; and
targeted quality, and anticipated volume, of FOG delivered at the NE APCF.
o Electrical Cost Savings Projection - Derivation. The projected electrical cost savings will
be derived through on-site electrical generation, thereby supplanting purchased power.
To determine the actual net power generation by the cogeneration system, the estimated
parasitic load of the two new systems (due to connected loads from new pumps, blower,
refrigeration system) was summed, then deducted from the generator’s gross capacity, as
indicated below.
Generator Gross Capacity @ 335 kW
Estimated Parasitic Load @ 46 kW
Cogeneration System Net Output @ 289 kW
Performance Guarantee. SIEMENS will provide a Performance Guarantee stating that
the engine-generator uptime (i.e. availability), within a typical annual period of 8760
hours, will accrue to no less than 8000 hours. Annual Period available hours are
considered those hours that the cogeneration system is in ready-state mode and capable of
operating in normal functional mode. Conversely, unavailable hours are considered those
hours that a component of the cogeneration is off-line for reasons other than operations
preference, including periods for regular, preventative, or corrective maintenance
requirements. In addition to stated availability, SIEMENS will guarantee engine-
generator conversion effectiveness, gross heat rate, as a component of the Performance
Guarantee. The guaranteed gross heat rate will be at or below an average 11,600 btu per
kwh, and is determined by dividing the amount of gas energy content in the lower level
heating value in Btus, delivered to the engine divided by the generator kilowatt output
measured at the generator output terminals. Potential to achieve projected savings is
maximized so long as the technical assumptions are maintained, as identified in the FIM
description within Exhibit E. Detailed Audit Report. The minimum digester gas quality
and quantity standards to be presented to the fuel conditioning system is: A methane
content at no less than 50%, carbon dioxide content at no greater than 40%, oxygen
content no greater than 5%, hydrogen sulfide content at no greater than 335 ppmv,
siloxanes (as silicon) no greater than 5 ppmv.; and no less than 1,902,400 btu/hr
(equivalent of 164 kW at 50% load) in order to sustain stable combustion.
A performance reconciliation of the cogeneration system shall be conducted after each
Annual Period.
If the available uptime for the engine-generator is 8,000 hours or more for the Annual
Period, the Performance Guarantee will have been met. If the uptime is less than 8,000
hours for the Annual Period, the Performance Guarantee will not have been met and a
shortfall payment will be owed. Accordingly, the following equation will be used to
calculate the payment:
SHORTFALL PAYMENT EQUATION, REGARDING AVAILABILITY:
Shortfall PaymentAV ($) = Annual Shortfall Hours [i.e. 8000 hours minus Actual
Available Hours] x Cogeneration System Net Output (kW) x Annual Period
blended utility rate ($/kWh) for the Northeast APCF.
EXAMPLE: If Annual Period Availability is determined at 7925 hours
Attachment number 4
Page 13 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 14 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Performance Guarantee: Annual Period Availability = 8000 hours
Guarantee not met shortfall check to be written to the City in the amount of:
Shortfall PaymentAV ($) = (8000 hours – 7925 hours) x 289 kW x Blended Rate
@ $0.10/kwh = $2,167.50
If the engine-generator gross heat rate is calculated at an average of 11,600 btu/kwh or
less, then the Performance Guarantee will have been met. If the average gross heat rate is
calculated at greater that 11,600 Btu/kwh for the Annual Period, the Performance
Guarantee will not have been met and a shortfall payment will be owed. Accordingly, the
following equation will be used to calculate the payment:
SHORTFALL PAYMENT EQUATION, REGARDING GROSS HEAT RATE:
Shortfall PaymentGHR ($) = [164 kw] – [1,902,400 BtuH / (Annual Actual Gross
Heat Rate, Average (btu/kWh)) – 11,600 Btu/kwh] x Annual Period Available
Hours x blended utility rate ($/kWh) for the Northeast APCF.
EXAMPLE: If Annual Period Gross Heat Rate is determined at 11,700 Btu/kWH
Performance Guarantee: Annual Period Gross Heat Rate = 11,600 Btu/kWH
Guarantee not met shortfall check to be written to the City in the amount of:
Shortfall PaymentGHR ($) = [164 kw] – [1,902,400 BtuH / 11,700 btu/kWh]
x 8000 hours x Blended Rate @ $0.10/kwh = $1,121.37
Calculation of Projected Savings. As an illustration of projected cost savings, a summary
of the proportioned hours is as follows
Estimated Operational On-peak Hours …. 2000 hours
Estimated Operational Off-peak Hours …. 6000 hours
Total Available Hours in Annual Period = 8000 hours
The following subparts are calculated and summed for total projected annual electrical
savings.
- On-Peak Demand: kW x $4.82/kW x 12 months = On-Peak Demand Savings
- Off-Peak Demand: kW x $1.68/kW x 12 months = Off-Peal Demand Savings
- On-Peak Energy: 2000 hours x kW x $0.09805 / kwh = On-Peak Energy Savings
- Off-Peak Energy: 6000 hours x kW x $0.06160 / kwh = Off-Peak Energy Savings
- The Demand Savings and Energy Savings will follow a stepwise/gradual increase over
the initial 3 years of the Agreement term. Said increasing electrical savings amounts will
occur as they will coincide with the planned graduated FOG delivery schedule. That is,
as more FOG is received, more Digester Gas is produced, thus enabling the generator to
load, on an average basis, more towards full capacity. So as to accommodate the
phased-in FOG delivery plan, a graduated delivery schedule, anticipated over the initial
3-year period, will be targeted by the City. The schedule is as described within the Key
Elements and Technical Assumptions section of NE APCF FIM #4 description, within
Exhibit E. In order to achieve the projected Utility Savings in Year 1, as identified within
Table 1.2, the rate of FOG addition to the Digester is 4500 GPD.
4.2.5 Northeast APCF – FIM #5 – Mixer Replacements
Attachment number 4
Page 14 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 15 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
M&V Method – The key measurement parameters for this FIM are pre and post-retrofit wattage.
An actual measurement of kW consumed by the mixers will be measured pre-retrofit and post-
retrofit to demonstrate calculated reduction was attained for each horsepower range. The same
watt meter will be used to check both the pre and post-retrofit wattages. These measurements will
be performed one time and will be documented in the construction period report.
Description - The savings for this FIM comes from the reduction in horsepower required to meet
the mixing requirements within each of the fermentation, first and second anoxic tanks. Energy
savings is determined by calculating baseline and post-installation kW and kWh. The detailed
calculation is included in Appendix 1, Energy Savings Calculations of the Detailed Audit Report.
Pre M&V Measurements were taken on 14 mixers with a sampling within each of the 3 tanks
(Fermentation, 1st Anoxic and 2nd Anoxic). Post M&V Measurements for the Mixer Replacements
will be performed using the same sample size and testing equipment as the Pre-measurements. For
details of the Pre-Measurements, refer to Appendix 2 of the Detailed Audit Report.
Calculations-
Existing Motor Size (HP) = 25 HP, 25 HP and 10 HP
Existing Motor Efficiency (NEMA B) = 88.5%, 88.5% and 85.5%
Existing Motor Load (RPM) = 1730, 1730, 1750
Existing On-Peak Hours = 2,190
Existing Off-Peak Hours = 6,570
Existing Motor kW (Measured) = 6.025 kW, 8.125 kW and 4.3 kW
Proposed Motor Size (HP) = 2 HP, 5 HP, 1 HP
Proposed Motor Efficiency (Manufacturer) = 94.5%
Proposed Motor Load (RPM) = 1800
Proposed On-Peak Hours = 2,190
Proposed Off-Peak Hours = 6,570
Proposed Motor kW (Calculated) = 1.3428 kW, 3.357 kW and 0.6714 kW
Existing On-Peak kWh = 360,341.7
Existing Off-Peak kWh = 1,081,025
Existing Demand kW = 1,777.03
Proposed On-Peak kWh = 82,934.8
Proposed Off-Peak kWh = 248,804.4
Proposed Demand kW = 408.99
Annual Savings On-Peak kWh = 277,406.9
Annual Savings Off-Peak kWh = 832,220.8
Annual Savings kW = 1,368.034
Attachment number 4
Page 15 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 16 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Annual Energy Savings $ = Consumption Savings $ + Demand Savings $
Annual Energy Savings $ = $78,464.55 + $8,892.2
Annual Energy Savings $ = $87,356.77
Total Annual Guaranteed Savings $ = $82,989
4.2.6 Marshall Street APCF – FIM #2 – Indoor/Outdoor Lighting
M&V Method – The key measurement parameter for this FIM is pre and post-retrofit wattage. A
sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total fixtures retrofit, will
be measured pre-retrofit and post-retrofit to demonstrate calculated reduction was attained. An as-
built lighting listing will be provided to CLIENT showing total target wattage reduction was
achieved or exceeded. The same watt meter will be used to check both the pre and post-retrofit
wattages. The post measurements will be taken after the manufacturers recommended burn-in
period. These measurements will be performed one time and will be documented in the
construction period report.
Description - The following table lists the predicted energy and maintenance savings. Refer to
Appendix 1 of the Detailed Audit Report (Exhibit E) for details.
Table: Predicted Energy Savings
FIM
Annual Reduction
kWh kW
(12 month sum)
Lighting Efficiency
Improvements 238,647 326
Calculations - Energy savings is determined by calculating baseline and post-installation lighting
kW and kWh. Fixture Wattages are based on an Industry table of standard Wattages.
Baseline:
diversitykWfixturesofqtykWtotal basefixturebase ××=
hoursoperatingkWtotalkWhtotal basebase ×=
Where:
• total kW base = cumulative baseline electric power draw of lighting fixtures
• qty of fixtures = quantity of similar fixtures in the group represented by
the sampling
• kW fixture base = baseline fixture wattage determined from measurement or
from Industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
Calculation Formulas
Speed Ratio Correction = ((New RPM)/(Existing RPM))^3
Existing Energy (kWh) = Existing kW / Existing Eff. x Operating Hours
Existing Demand (kW) = Existing kW / Existing Eff. x Peak Load Months x Utiliz Factor
Proposed Energy (kWh) = Proposed kW/New Eff. x Operating Hours x Speed Factor
Proposed Demand (kW)= Proposed kW/New Eff. x Peak Load Months x Utiliz Factor x Speed Factor
Attachment number 4
Page 16 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 17 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights post (kW) = # of fixtures x (Fixture kW post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
• Fixture kW post = baseline fixture wattage determined from measurement
• # of fixtures = number of similar fixtures
• Lights post (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption of
lighting fixtures
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews. These
hours are the same as the base case unless occupancy sensors are installed
in the circuit. The reduction in operating hours will be assumed to be 50%
for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) – Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh)
Sample Calculations for this FIM are shown below:
Existing Lighting System
Total Hours kWh/yr
Qty Hours on-peak off-peak Watts kW on-peak off-peak
2X4 2 LAMP
T12 67 6570 2163 4407 5,092 5.09 11,010 22,432
TROFFER
Proposed Lighting System
Total Hours kWh/yr Hours
Reduction
ECM
Qty Hours on-peak off-peak Watts kW on-peak off-peak
67 2,848 2.85 15,565 18,725 16.87%
2LXP 17 6570 2163 4407 748 0.75 1,349 2,748
2LXS 50 6570 2163 4407 2,100 2.10 3,776 7,693
AXMSCMD 2 0 1798.02 3663.37 0 0.00 0
AXMSWDT 4 0 0 0.00 0
AXMWDT2 1 0 0 0.00 0
Attachment number 4
Page 17 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 18 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Marshall Street WRF (Based on 2010 Sludge Production Data)
Belt PressCentrifugeRemarks for Belt Press (annual average)
Sludge flow to belt press:11.13 11.13 MG/year(Estimated from H&H report)
2.16 2.16 % Solids PAD(From DMR)
6,828.57 4,182.50 wt/year
14.70 24.00 % (annual average)(Based on H&H report, see Worksheet "Compare")
> 95% Solids capture
1,003.80 1,003.80 dt/year(Based on H&H report, see Worksheet "Compare")
Polymer usage:24.90 25.00 lb active/dt(40% active - Based on Polydyne SE-797 used by the City)
7,291.05 7,522.48 gal/year(From DMR)
62,475.36 62,737.50 lb/year(From DMR)
Operating schedule:127.19 23.79 hrs/week
6,614.00 1,237.12 hr/year(From DMR)
28.06 150.00 gpm
Number of unit:1.00 1.00
ExistingNew
ConditionsCentrifugeSavings
Polymer
gal/year7,291.05 7,522.48
$/gal8.428.42
Subtotal $/year61,390.64 63,339.30 (1,948.66)$
Power
HP/unit10100
kW/unt8.383
KW-hr/year54,896.20 102,681.22
$/kW-hr0.10.1
Subtotal $/year5,489.62 10,268.12 (4,778.50)$
KW-hr/dt54.69 102.29
Disposal - Land Application
wt/year6,828.57 4,182.50
$/wet ton23.823.8
Subtotal $/year162,520.00 99,543.50 62,976.50$
Total Annual (O&M with Land Application Disposal)56,249.34$
kW Savings
per yr
kW Savings
($/yr)
kWh Savings kWh $ Savings
on-peak off-peak on-peak off-peak
26.88 $87.36 5,885 11,991 $577.05 $738.65
4.2.7 Marshall Street APCF – FIM #3 – Dewatering Centrifuge
M&V Method – The key measurement parameters for this FIM are maximum polymer usage,
maximum energy usage, minimum % solids and minimum % solids capture rate.
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 102.29 kWh/Dry Ton
Minimum % Solids 24% Solids
Minimum Capture Rate % 95% Capture Rate
The baseline for this FIM is based on the existing system usage and a pilot study performed by
Andritz. Monthly reporting of the key parameters will be coordinated with the City’s staff. This
verification process will be done ongoing for the life of the contract period.
Description – Based on the biosolids production of the Marshall Street APCF, the design operating
capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based on the results and sludge
characteristics from the pilot test that was conducted by Andritz in 2006 at the Plant, SIEMENS
will guarantee 24% cake at the specified loading. The % solids measurements are already recorded
in the City’s Laboratory Information Management System (LIMS) and entered into the plants
SCADA system. The City will notify SIEMENS if the % solids drop below the guaranteed 24%
on a monthly basis.
Attachment number 4
Page 18 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 19 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
In order to determine the real operations and maintenance costs associated with each
dewatering technology all of the above parameters were reviewed. However, SIEMENS
did not include the labor and maintenance costs for plant employees and washwater
usage in the final savings analysis for this measure.
Sample Shortfall Calculation:
Baseline Parameters:
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 102.29 kWh/Dry Ton
Minimum % Solids 24% Solids
Minimum Capture Rate % 95% Capture Rate
Sample Year 1 Parameters:
Maximum Polymer Usage 25 Pounds active/Dry Ton
Maximum kWh Usage 102.29 kWh/Dry Ton
Minimum % Solids 22% Solids
Minimum Capture Rate % 95% Capture Rate
Baseline Year Wet Tons at 24% Solids = 4,182.50 wet tons
Sample Year 1 Wet Tons at 22% Solids = 4,562.73 wet tons
Year 1 Savings Total Units = 4,182.50 – 4,562.73 = -380.23 wet tons
Guarantee not met shortfall check to be written to the City in the amount of:
Sample Shortfall Dollars = 380.23 wet tons * $23.80/wet ton = $9,049.47
4.2.8 Marshall Street APCF – FIM #4 – Mixer Replacements
M&V Method – The key measurement parameters for this FIM are pre and post-retrofit wattage.
An actual measurement of kW consumed by the mixers will be measured pre-retrofit and post-
retrofit to demonstrate calculated reduction was attained for each horsepower range. The same
watt meter will be used to check both the pre and post-retrofit wattages. These measurements will
be performed one time and will be documented in the construction period report.
Description - The savings for this FIM comes from the reduction in horsepower required to meet
the mixing requirements within each of the fermentation, first and second anoxic tanks. Energy
savings is determined by calculating baseline and post-installation kW and kWh. The detailed
calculation is included in Appendix 1, Energy Savings Calculations of the Detailed Audit Report.
Pre M&V Measurements were taken on 14 mixers with a sampling within each of the 3 tanks
(Fermentation, 1st Anoxic and 2nd Anoxic). Post M&V Measurements for the Mixer Replacements
will be performed using the same sample size and testing equipment as the Pre-measurements. For
details of the Pre-Measurements, refer to Appendix 2 of the Detailed Audit Report.
Calculations-
Existing Motor Size (HP) = 10 HP
Existing Motor Efficiency (NEMA B) = 85.5%
Existing Motor Load (RPM) = 1750
Attachment number 4
Page 19 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 20 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Existing On-Peak Hours = 2,190
Existing Off-Peak Hours = 6,570
Existing Motor kW (Measured) = 4.34 kW, 4.68 kW and 4.182 kW
Proposed Motor Size (HP) = 1 HP
Proposed Motor Efficiency (Manufacturer) = 94.5%
Proposed Motor Load (RPM) = 1800
Proposed On-Peak Hours = 2,190
Proposed Off-Peak Hours = 6,570
Proposed Motor kW (Calculated) = 0.6714 kW
Existing On-Peak kWh = 303,126.74
Existing Off-Peak kWh = 909,380.21
Existing Demand kW = 1,494.87
Proposed On-Peak kWh = 45,715.22
Proposed Off-Peak kWh = 137,415.65
Proposed Demand kW = 225.44
Annual Savings On-Peak kWh = 257,411.52
Annual Savings Off-Peak kWh = 772,234.56
Annual Savings kW = 1,269.43
Annual Energy Savings $ = Consumption Savings $ + Demand Savings $
Annual Energy Savings $ = $72,808.85 + $8,251.27
Annual Energy Savings $ = $81,060.12
Total Annual Guaranteed Savings $ = $77,007
4.2.9 East APCF – FIM #1 – Indoor/Outdoor Lighting
M&V Method – The key measurement parameter for this FIM is pre and post-retrofit wattage. A
sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total fixtures retrofit, will
be measured pre-retrofit and post-retrofit to demonstrate calculated reduction was attained. An as-
built lighting listing will be provided to CLIENT showing total target wattage reduction was
Calculation Formulas
Speed Ratio Correction = ((New RPM)/(Existing RPM))^3
Existing Energy (kWh) = Existing kW / Existing Eff. x Operating Hours
Existing Demand (kW) = Existing kW / Existing Eff. x Peak Load Months x Utiliz Factor
Proposed Energy (kWh) = Proposed kW/New Eff. x Operating Hours x Speed Factor
Proposed Demand (kW)= Proposed kW/New Eff. x Peak Load Months x Utiliz Factor x Speed Factor
Attachment number 4
Page 20 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 21 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
achieved or exceeded. The same watt meter will be used to check both the pre and post-retrofit
wattages. The post measurements will be taken after the manufacturers recommended burn-in
period. These measurements will be performed one time and will be documented in the
construction period report.
Description - The following table lists the predicted energy and maintenance savings. Refer to
Appendix 1 of the Detailed Audit Report for details.
Table: Predicted Energy Savings
FIM
Annual Reduction
kWh kW
(12 month sum)
Lighting Efficiency
Improvements 74,668 98
Calculations - Energy savings is determined by calculating baseline and post-installation lighting
kW and kWh. Fixture Wattages are based on an Industry table of standard Wattages.
Baseline:
diversitykWfixturesofqtykWtotal basefixturebase ××=
hoursoperatingkWtotalkWhtotal basebase ×=
Where:
• total kW base = cumulative baseline electric power draw of lighting fixtures
• qty of fixtures = quantity of similar fixtures in the group represented by
the sampling
• kW fixture base = baseline fixture wattage determined from measurement or
from Industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights post (kW) = # of fixtures x (Fixture kW post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
• Fixture kW post = baseline fixture wattage determined from measurement
• # of fixtures = number of similar fixtures
• Lights post (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption of
lighting fixtures
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews. These
hours are the same as the base case unless occupancy sensors are installed
in the circuit. The reduction in operating hours will be assumed to be 50%
for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) – Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) – Lights Post (kWh)
Sample Calculations for this FIM are shown below:
Attachment number 4
Page 21 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 22 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Existing Lighting System
Total Hours kWh/yr
Qty Hours
on-
peak
off-
peak Watts kW on-
peak
off-
peak
Existing Fixture
2X4 2 LAMP T12
TROFFER 17 6,570 2,163 4,407 1,292 1.29 2,790 5,685
Proposed Lighting System
Total Hours kWh/yr Hours
Reduction
ECM
Qty Hours on-peak off-peak Watts kW on-peak off-peak
17 714 0.71 3,339 4,665 28.42%
2LXS 17 6570 2,163 4,407 714 0.71 1,099 2,240
AXMSCMD 3 1,548 3,155
kW Savings
per yr
kW Savings
($/yr)
kWh Savings
kWh $
Savings
on-peak off-peak on-peak off-peak
6.96 $22.62 1,691 3,445 $165.80 $212.23
4.3 Option B - Retrofit Isolation: All Parameter Measurement
Not Applicable
4.4 Option C - Whole Facility
Not Applicable
4.5 Option D – Calibrated Simulation
Not Applicable
Attachment number 4
Page 22 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 23 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 5: Baseline Data
5.1 Applicable codes - Federal, State (Provincial), County or Municipal codes or regulations are
applicable to the use and operation of the Facility. SIEMENS will maintain the current level of
Facility compliance relative to applicable codes unless specifically outlined to the contrary below.
Unless specifically set forth in the Scope of Work and Services, Exhibit A, nothing herein should
be construed as to require SIEMENS to provide additional work or services in the event that the
current applicable code or regulation is modified.
5.2 Building Inventory – The equipment inventory for the Client’s Facilities is given in the Detailed
Energy Audit (Exhibit E).
5.3 Facility Operating Practices – The facility operating practices for the Client’s Facilities is given in the
Detailed Energy Audit (Exhibit E).
5.4 The following are included in the Detailed Energy Audit attached to the Agreement as Exhibit E:
Appendix 1: Energy Savings Calculations
Appendix 2: Pre-Measurements
Appendix 3: Manufacturer’s Data Sheets
Appendix 4: Drawings
Appendix 5: Maintenance Tasks
Appendix 6: Scope of Work Summary
Appendix 8: Facility Operating Practices
Attachment number 4
Page 23 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 24 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 6: Utility Rate Structures and Escalation Rates
6.1 Utility costs used for Savings calculations will be based on the utility rates and rate escalation
percentages provided herein. The rate identified below is a stipulated rate, and is shown below for
each utility. An escalation rate of 3% per Annual Period will be applied to the below stipulated
utility rates.
6.2 The City of Clearwater APCFs is all on the same electric rate structure. Electricity services are
provided by Progress Energy. The rate structure currently in use is the GS TOU IST-1. This rate
structure increased on 04/01/2010, so the new rates were used in the savings calculations where
applicable. Rate details are provided below:
On-Peak Periods for Time of Use Rates:
On-Peak periods for TOU rates are Monday through Friday as follows:
o November through March 6 to 10 AM / 6 to 10 PM
o April through October Noon to 9 PM
All other hours, including Saturday, Sunday and six major holidays (New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas) and
the adjacent weekday if a holiday falls on Saturday or Sunday, are considered Off-Peak.
Therefore, during a typical Annual Period of 8,760 hours, it is determined that there are
2,190 On-Peak hours and 6,570 Off-Peak hours.
Demand Charges:
Base Demand Charge $1.68/kW
On-Peak Demand Charge $4.82/kW
Energy Charges:
On-Peak Energy Charge $0.02736/kWh
On-Peak Fuel Cost Recovery Factor $0.07069/kWh
Total On-Peak Energy Charges $0.09805/kWh
Off-Peak Energy Charge $0.02271/kWh
Off-Peak Fuel Cost Recovery Factor $0.03889/kWh
Total On-Peak Energy Charges $0.0616/kWh
Attachment number 4
Page 24 of 25
Exhibit C – Performance Assurance
City of Clearwater, Florida
Page 25 of 25
Siemens Industry, Inc., Building Technologies Division
Exhibit C – Performance Assurance v. 2009R
Article 7: Contracted Baseline Data
7.1 Applicable codes - Federal, State (Provincial), County or Municipal codes or regulations are
applicable to the use and operation of the Facility. SIEMENS will maintain the current level of
Facility compliance relative to applicable codes unless specifically outlined to the contrary below.
Unless specifically set forth in the Scope of Work and Services, Exhibit A, nothing herein should
be construed as to require SIEMENS to provide additional work or services in the event that the
current applicable code or regulation is modified.
7.2 Post M&V Measurements for the Mixer Replacements at all plants will be performed using the
same sample size and testing equipment as the Pre-measurements. For details of the Pre-
Measurements, refer to Appendix 2 of the Detailed Audit Report (Exhibit E).
Attachment number 4
Page 25 of 25
Exhibit D – Owner Direct Purchase Procedure
City of Clearwater, Florida
Page 1 of 2
Siemens Industry, Inc., Building Technologies division
Exhibit D – Owner Direct Purchase Procedure v.051011
Owner Direct Purchase Procedure
Pursuant to Section 212.08(6) of the Florida Statutes and the Fla. Admin. Code Ann. R. 12A-
1.094 and 12A-1.038, the Parties agree to the following procedure regarding CLIENT’s direct-
purchase from vendors of certain equipment to be used in the Project:
1. The CLIENT reserves the right, at the CLIENT’s option, to direct purchase materials,
equipment, and furnishings involved in the project, including subcontracts, if any. SIEMENS and
its subcontractors, if any, shall comply with the CLIENT’s direct purchase procedures, including
but not limited to those listed below.
2. Within 15 days of execution of execution of the Agreement, SIEMENS shall submit a list
of potential direct purchase items for the CLIENT’s consideration. The intent is for single items or
large quantities of single items of approximately $5,000.00 or more to be considered for direct
purchases. The Parties acknowledge that CLIENT may be directly purchasing some of the
material and/or equipment necessary for the project so as to save the sales tax which would
otherwise have been due with regard to same.
3. Along with the list, SIEMENS shall also include the price quotes from the vendors from
the bid, including any terms and conditions negotiated with the vendors. SIEMENS is responsible
for selecting the vendor, specifications, material receipt, inspecting shipments, and assuring that
the material is in accordance with the specifications. In the event the CLIENT determines to make
additional direct purchase of material and/or equipment for the Project, the direct purchase will be
authorized by a deductive change to the Agreement. The deductive change for the direct
purchase shall reduce the contract amount by the cost of the material and sales tax otherwise
due from the CLIENT to SIEMENS by the cost to be paid by the CLIENT for the material and/or
equipment to be directly purchased by the CLIENT and by the sales tax saved by the CLIENT
directly purchasing the material and/or equipment. SIEMENS retains all responsibility for storage
and installing the Equipment and for maintaining the project schedule. The CLIENT’s Direct
Purchase mechanism to effectuate tax savings in no way effects the obligation of SIEMENS to
meet all of the terms and conditions and all provisions and technical specifications of the
Agreement. SIEMENS shall be responsible for insuring all materials and items in his care,
custody and control, regardless of whether directly purchased by the CLIENT or not. The
materials directly purchased by the CLIENT for inclusion into the project are subject to the terms
and conditions set forth in Attachment 1, “City of Clearwater, FL Direct Purchased Material” to the
Agreement. In the event of conflict between the terms of this Exhibit D and the terms of
Attachment 1, this Exhibit D shall control.
4. The Direct Purchase items selected, and upon request of an order by SIEMENS, the
Purchasing Department will issue a direct purchase order to the vendor at the price proposed in
the subcontractor’s or contractor’s bid, less sales tax. The CLIENT reserves the option to issue
the direct purchase orders to the CLIENT’s annual contract vendors or State contract vendors for
comparable or lower prices, but will subtract from the Agreement the price shown on the
subcontractor’s or contractor’s bid. For construction management projects, items for direct
purchase will be identified by or before the Construction Period.
5. It will be SIEMENS sole and complete responsibility to properly expedite and follow up on
direct purchase orders, thereby assuring delivery of the item as ordered and at the time and place
needed by SIEMENS.
6. SIEMENS shall take delivery, unload, store and install the materials and equipment
purchased on the direct purchase order in accordance with the bid, protect and maintain in proper
condition; and work with the vendor to repair, replace, and make good any defect without cost to
the CLIENT, until such time as the Work has been completed and Acceptance by the CLIENT
Attachment number 5
Page 1 of 2
Exhibit D – Owner Direct Purchase Procedure
City of Clearwater, Florida
Page 2 of 2
Siemens Industry, Inc., Building Technologies division
Exhibit D – Owner Direct Purchase Procedure v.051011
has occurred. SIEMENS will be responsible for undertaking and completing any returns of direct
purchase materials or equipment, and working with the vendor to effectuate any warranties for
defective materials or equipment, or resolving any problems related to the direct purchase
materials and equipment. SIEMENS will coordinate corrective action. Any returns not replaced
shall be credited to the CLIENT and acknowledged by a supplement to the direct purchase order
and, if applicable, amendment to SIEMENS’ Price. SIEMENS shall not be responsible for
warranting the materials and equipment to the CLIENT, however, the contractor shall be
responsible for maintaining the vendor’s warranty of the material or equipment purchased by
direct purchase order by the CLIENT. SIEMENS shall maintain records of all direct purchases
received and incorporated into the Work and provide the CLIENT with a monthly accounting.
7. When delivery of a direct purchase order is complete, or a payment is to be made on a
partial shipment, SIEMENS will immediately submit to the CLIENT the invoice and documentation
supporting the goods received. Invoices for direct purchase orders will be sent by the direct
purchase vendor to SIEMENS. SIEMENS will verify delivery and sign the invoice and associated
documentation supporting the amount of the payment. Payment will be made by check mailed to
the direct purchase vendor as of the next available check run of the CLIENT. SIEMENS will
assist the CLIENT in assuring prompt payment by supplying the vendor’s FEI numbers,
addresses, phone numbers, etc.
By signing below, this Exhibit D is attached to and made a part of the Agreement between
SIEMENS and the CLIENT.
SIEMENS:
Siemens Industry, Inc.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER
Frank V. Hibbard William B. Horne II
Mayor-Councilmember City Manager
Approved as to form: ATTEST:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 5
Page 2 of 2
NumberTitleDecreaseIncrease
376-96611Biosolids Treatment(18,371.31)
376-96619WWTP Generator Replacements(28,666.79)
376-96686Pump Station Replacements(292,050.27)
376-96761Telemetry for Wells(141,019.39)
376-96615Odor Control480,107.76
(480,107.76)480,107.76
376-96740Water Supply Treatment(101,601.94)
376-96752Water Service Lines(534,673.08)
376-96760Elevated Water Tanks(1,017,164.19)
376-96761Telemetry for Wells(124,484.44)
376-96764RO Plant Expansion(154,577.93)
376-96621WWTP New Presses1,932,501.58
(1,932,501.58)1,932,501.58
0376-96666WWTP East Bypass & NE Pump(15,166.15)
0376-96763Wellfield Expansion(52,807.15)
0376-96764RO Plant Expansion(2,491,202.95)
0376-96654Facilities Upgrades & Improvements2,559,176.25
(2,559,176.25)2,559,176.25
0327-96665Sanitary Sewer R & R(1,381,952.56)
0327-96654Facilities Upgrades & Improvements1,381,952.56
(1,381,952.56)1,381,952.56
315-96615Odor Control253,006.22
315-96621WWTP New Presses355,131.46
315-96654Facilities Upgrades & Improvements1,113,173.52
1,721,311.20
(6,353,738.15)8,075,049.35
376-96615Odor Control 600,899.78
376-96621WWTP New Presses2,802,476.54
376-96654Facility Upgrades & Improvements2,677,907.40
327-96654Facility Upgrades & Improvements2,059,174.08
PROJECTS WITH SUFFICIENT REVENUE AND/OR BUDGET AFTER AMENDMENTS
TO FUND THIS CONTRACT
2009A Revenue Bond Proceeds - Revenue & Budget
Utility R & R Revenue - Revenue & Budget
CITY OF CLEARWATER
Water & Sewer Utility Fund
Contract with Siemens Industry Inc.
ProjectTransfer
BUDGET AND REVENUES (2009A Bond Proceeds)
BUDGET ONLY INCREASES for the CITY of SAFETY HARBOR'S SHARE
TOTAL THIRD QUARTER BUDGET AMENDMENTS
Third Quarter Amendments
BUDGET AND REVENUES (Utility R & R Revenue)
Attachment number 6
Page 1 of 2
315-96615Odor Control253,006.22
315-96621WWTP New Presses355,131.46
315-96654Facility Upgrades & Improvements1,113,173.52
Total Project Cost per Contract9,861,769.00
City of Safety Harbor's Share - Budget Only
Attachment number 6
Page 2 of 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Award a contract to Young Communication Co., Inc of Melbourne, FL in the amount of $1,160,489.00 for construction of the
Skycrest Reclaimed Water Expansion (project number 10-0040-UT) and Chautauqua Lake Estates Reclaimed Water (Project number
10-0041-UT), which is the lowest responsible bid received in accordance with the plans and specifications for these projects; approve
a supplemental work order to URS Corp in the amount of $18,129.00 to provide engineering services during construction for these
projects; and authorize the appropriate officials to execute same.
SUMMARY:
This agenda item is for the construction of new reclaimed water transmission and distribution mains for the expansion of the
original Skycrest Reclaimed Water Project and the Chautauqua/Coachman Ridge Reclaimed Water Project.
Due to low construction costs the City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the City,
two Amendments to SWFWMD (Southwest Florida Water Management District) Cooperative Funding Agreements were
approved to expand the areas from the original scopes. The First Amendment to Skycrest Project was approved by Council in
November 2010 for the Skycrest Expansion, and the First Amendment to Chautauqua/Coachman Ridge RCW was approved by
Council in December 2010 to include work for the Chautauqua Lake Estates.
The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for
irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with
Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and
adjacent surface waters.
It is anticipated that construction will be accomplished in 270 days and be completed by the end of May 2012.
URS Corporation, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was
responsible for the design of the improvements. The final engineering estimate was $1,700,000. There were 11 bids and Young
Communication’s bid was the lowest in the total amount of $1,160,489.00 for the two projects where the subtotal for Skycrest
Expansion was $887,958.50 and the subtotal for the Chautauqua Lake Estates was $272,530.50. After comparing the bids, URS
Corp. recommendation is to award the construction of the projects to Young Communication Co., Inc., and city staff concurs.
The City has existing Work Orders for the two projects with URS to administer the project and to provide field
inspections. However, the Work Orders did not include attendance of the pre-construction meeting, shop-drawing review, and
responses to Request for Information. URS will provide these services in the amount of $18,129 for the two projects with the
supplemental work order.
The City of Clearwater’s Public Utilities Department Water Division is responsible for owning, operating and maintaining the
reclaimed water system.
Sufficient budget and funding is available in the following projects: Utility R and R revenue in 0327-96739, Reclaimed Water
Distribution System in the amount of $349,730.54 and Water revenue in 0315-96739, Reclaimed Water Distribution System in
the amount of $239,578.46 for a total of $589,309.00 for these contracts.
A third quarter amendment will increase budget 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
$589,309.00 to provide total funding in the amount of $1,178,618.00 to fund the construction and CEI.
Type:Capital expenditure
Current Year Budget?:NoBudget Adjustment:None
Budget Adjustment Comments:
See summary
Cover Memo
Current Year Cost:$1,178,618.00Annual Operating Cost:
Not to Exceed:$1,178,618.00Total Cost:$1,178,618.00
For Fiscal Year:2010 to 2011
Appropriation CodeAmountAppropriation Comment
0327-96739-563800-533-
000-0000
$ 18,129.00See Summary
0327-96739-563800-533-
000-0000
$331,601.54See Summary
0315-96739-563800-533-
000-0000
$828,887.46See Summary
Bid Required?:YesBid Number:
10-0040-UT
and 10-0041-
UT
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Page 1
BOND NUMBER: _________________
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we YOUNG’S COMMUNICATIONS CO.,
INC. Contractor and MERCHANTS BONDING COMPANY (Surety) whose home address is
2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION, ONE HUNDRED
SIXTY THOUSAND, FOUR HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS
($1,160,489.00) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns for the faithful performance of a certain written contract, dated the_____, day
of , 20 _, entered into between the Contractor and the City of Clearwater for:
SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT) &
CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT)
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Attachment number 1
Page 1 of 6
Page 2
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 20__ .
YOUNG’S COMMUNICATIONS CO., INC.
CONTRACTOR
By:
ATTEST:
____________________
SURETY
WITNESS: By:
ATTORNEY-IN-FACT
___________________________________
COUNTERSIGNED:
Attachment number 1
Page 2 of 6
Page 3
CONTRACT
This CONTRACT made and entered into this ____ day of ____________, 20__ by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
YOUNG’S COMMUNICATIONS CO., INC. of the City of MELBOURNE, County of
BREVARD and State of FLORIDA hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT) &
CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT) FOR THE SUM OF
ONE MILLION, ONE HUNDRED SIXTY THOUSAND, FOUR HUNDRED EIGHTY-NINE
DOLLARS AND NO CENTS ($1,160,489.00)
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Attachment number 1
Page 3 of 6
Page 4
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Attachment number 1
Page 4 of 6
Page 5
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:_______________________________ ______________________(Seal)
William B. Horne, II
City Manager Attest:
Countersigned: ________________________
Rosemarie Call
City Clerk
By:_______________________________ Approved as to form
Frank Hibbard,
Mayor-Councilmember
_______________________
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
_______________________
_______________________
(Contractor)
By: (SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Attachment number 1
Page 5 of 6
Page 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF ____________________
COUNTY OF _______________________
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE) of YOUNG’S
COMMUNICATIONS CO., INC. a Florida Corporation, with its principal place of business located
at 424 WEST DROVE. MELBOURNE, FLORIDA 32904 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the day of
________ , 20____, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT) &
CHAUTAUQUA LAKE ESTATES WATER PROJECT (10-0041-UT)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me YOUNG’S COMMUNICATIONS CO., INC.
AFFIANT
This day of , 20 .
BY: _______________________
__________________________________
NOTARY PUBLIC
_________________________
My Commission Expires: PRESIDENT
Attachment number 1
Page 6 of 6
BID ITEMS QTYUNITUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT
A1Mobilization (3.5% Maximum)1LS29,722.42$ 29,722.42$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 38,000.00$ 38,000.00$ 41,154.00$ 41,154.00$ 47,623.61$ 47,623.61$ 40,500.00$ 40,500.00$ 36,800.00$ 36,800.00$ 48,500.00$ 48,500.00$ 20,000.00$ 20,000.00$
A2Maintenance of Traffic (1.5% Maximum)1LS12,975.00$ 12,975.00$ 10,000.00$ 10,000.00$ 6,930.00$ 6,930.00$ 16,000.00$ 16,000.00$ 17,637.00$ 17,637.00$ 20,410.12$ 20,410.12$ 16,800.00$ 16,800.00$ 15,600.00$ 15,600.00$ 20,000.00$ 20,000.00$ 1,500.00$ 1,500.00$
A3) ,´39&3LSHE\+RUL]RQWDO'LUHFWLRQDO'ULOO 20,000LF20.23$ 404,600.00$ 22.22$ 444,400.00$ 15.00$ 300,000.00$ 20.25$ 405,000.00$ 18.40$ 368,000.00$ 22.75$ 455,000.00$ 19.95$ 399,000.00$ 17.25$ 345,000.00$ 26.00$ 520,000.00$ 15.50$ 310,000.00$
A4) ,´39&3LSHE\+RUL]RQWDO'LUHFWLRQDO'ULOO 4,500LF22.85$ 102,825.00$ 30.61$ 137,745.00$ 21.00$ 94,500.00$ 29.60$ 133,200.00$ 26.50$ 119,250.00$ 33.45$ 150,525.00$ 26.55$ 119,475.00$ 24.50$ 110,250.00$ 29.00$ 130,500.00$ 23.00$ 103,500.00$
A5
) ,´39&3LSHE\2SHQ&XW 1,200LF 12.48$ 14,976.00$ 50.26$ 60,312.00$ 140.00$ 168,000.00$ 27.19$ 32,628.00$ 35.00$ 42,000.00$ 29.45$ 35,340.00$ 46.70$ 56,040.00$ 48.50$ 58,200.00$ 80.00$ 96,000.00$ 12.00$ 14,400.00$
A6
) ,´39&3LSHE\2SHQ&XW 600LF 16.34$ 9,804.00$ 71.57$ 42,942.00$ 130.00$ 78,000.00$ 29.61$ 17,766.00$ 44.30$ 26,580.00$ 38.31$ 22,986.00$ 50.80$ 30,480.00$ 51.50$ 30,900.00$ 58.00$ 34,800.00$ 18.00$ 10,800.00$
A7) ,´5HVLOLHQW:HGJH*DWH9DOYH 9DOYH%R[47EA738.46$ 34,707.62$ 687.98$ 32,335.06$ 690.00$ 32,430.00$ 1,150.00$ 54,050.00$ 776.00$ 36,472.00$ 1,698.00$ 79,806.00$ 810.00$ 38,070.00$ 680.00$ 31,960.00$ 950.00$ 44,650.00$ 665.00$ 31,255.00$
A8) ,´5HVLOLHQW:HGJH*DWH9DOYH 9DOYH%R[14EA883.54$ 12,369.56$ 916.52$ 12,831.28$ 840.00$ 11,760.00$ 1,925.00$ 26,950.00$ 895.00$ 12,530.00$ 1,928.00$ 26,992.00$ 1,025.00$ 14,350.00$ 810.00$ 11,340.00$ 1,100.00$ 15,400.00$ 790.00$ 11,060.00$
A9
F&I 4" Blow-off Assembly, Reclaimed Water System
7
EA
1,411.62$ 9,881.34$ 1,359.58$ 9,517.06$ 1,300.00$ 9,100.00$ 1,905.00$ 13,335.00$ 1,199.00$ 8,393.00$ 2,350.00$ 16,450.00$ 1,205.00$ 8,435.00$ 1,200.00$ 8,400.00$ 1,100.00$ 7,700.00$ 1,100.00$ 7,700.00$
A10
) ,´6KRUW6LGH6HUYLFH$VVHPEO\IRU5HFODLPHG
Water System210
EA
563.55$ 118,345.50$ 544.30$ 114,303.00$ 540.00$ 113,400.00$ 619.61$ 130,118.10$ 692.00$ 145,320.00$ 807.35$ 169,543.50$ 655.00$ 137,550.00$ 570.00$ 119,700.00$ 520.00$ 109,200.00$ 450.00$ 94,500.00$
A11
) ,6LQJOH´/RQJ6LGH6HUYLFH$VVHPEO\IRU
5HFODLPHG:DWHU6\VWHP ´&DVLQJ 175
EA
918.91$ 160,809.25$ 897.25$ 157,018.75$ 760.00$ 133,000.00$ 797.00$ 139,475.00$ 921.00$ 161,175.00$ 1,343.00$ 235,025.00$ 1,105.00$ 193,375.00$ 895.00$ 156,625.00$ 1,300.00$ 227,500.00$ 725.00$ 126,875.00$
A12
) ,6LQJOH´/RQJ6LGH6HUYLFH$VVHPEO\IRU
5HFODLPHG:DWHU6\VWHP ´&DVLQJ 12
EA
1,484.22$ 17,810.64$ 1,649.64$ 19,795.68$ 1,200.00$ 14,400.00$ 2,843.00$ 34,116.00$ 1,380.00$ 16,560.00$ 2,075.26$ 24,903.12$ 1,660.00$ 19,920.00$ 1,400.00$ 16,800.00$ 1,800.00$ 21,600.00$ 1,110.00$ 13,320.00$
A13Root Pruning1,600LF3.35$ 5,360.00$ 2.55$ 4,080.00$ 7.30$ 11,680.00$ 5.50$ 8,800.00$ 8.00$ 12,800.00$ 35.00$ 56,000.00$ 7.30$ 11,680.00$ 6.00$ 9,600.00$ 5.40$ 8,640.00$ 3.00$ 4,800.00$
A14Tree Barricades 1LS3,046.81$ 3,046.81$ 1,982.93$ 1,982.93$ 1,720.00$ 1,720.00$ 6,000.00$ 6,000.00$ 4,951.00$ 4,951.00$ 15,000.00$ 15,000.00$ 9,650.00$ 9,650.00$ 2,800.00$ 2,800.00$ 14,000.00$ 14,000.00$ 2,500.00$ 2,500.00$
A15 6" Pipe Aerial Crossing at Palmetto Street1LS20,351.00$ 20,351.00$ 16,034.01$ 16,034.01$ 22,480.00$ 22,480.00$ 21,390.00$ 21,390.00$ 19,597.00$ 19,597.00$ 25,093.00$ 25,093.00$ 25,775.00$ 25,775.00$ 19,600.00$ 19,600.00$ 38,000.00$ 38,000.00$ 19,750.00$ 19,750.00$
A16
Connect to Existing 6" RCW Main at Seminole Street
and North Osceola Avenue 1LS2,835.37$ 2,835.37$ 2,274.54$ 2,274.54$ 3,470.00$ 3,470.00$ 8,336.00$ 8,336.00$ 3,684.00$ 3,684.00$ 2,650.00$ 2,650.00$ 2,330.00$ 2,330.00$ 3,200.00$ 3,200.00$ 3,200.00$ 3,200.00$ 1,725.00$ 1,725.00$
A17
Connect to Existing 8" RCW Main at Druid Road and
Hercules Avenue1LS14,068.00$ 14,068.00$ 3,836.20$ 3,836.20$ 3,900.00$ 3,900.00$ 6,616.00$ 6,616.00$ 4,903.00$ 4,903.00$ 3,211.00$ 3,211.00$ 2,975.00$ 2,975.00$ 3,900.00$ 3,900.00$ 9,800.00$ 9,800.00$ 2,475.00$ 2,475.00$
A18
Connect to Existing 6" RCW Main at Plaza Street and
Pennsylvania Avenue1LS5,284.00$ 5,284.00$ 3,477.95$ 3,477.95$ 3,300.00$ 3,300.00$ 6,558.00$ 6,558.00$ 5,889.00$ 5,889.00$ 2,650.00$ 2,650.00$ 2,700.00$ 2,700.00$ 2,900.00$ 2,900.00$ 12,000.00$ 12,000.00$ 1,475.00$ 1,475.00$
A19
Sod Restoration as Directed by the Owner or the
Owner's Authorized Project Representative 400SY4.71$ 1,884.00$ 6.81$ 2,724.00$ 3.60$ 1,440.00$ 4.00$ 1,600.00$ 3.60$ 1,440.00$ 3.00$ 1,200.00$ 4.50$ 1,800.00$ 3.00$ 1,200.00$ 1.75$ 700.00$ 4.00$ 1,600.00$
A20
Concrete Driveway Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative100SY 33.73$ 3,373.00$ 71.50$ 7,150.00$ 83.00$ 8,300.00$ 59.00$ 5,900.00$ 37.00$ 3,700.00$ 45.00$ 4,500.00$ 69.75$ 6,975.00$ 51.00$ 5,100.00$ 161.00$ 16,100.00$ 55.00$ 5,500.00$
A21
Concrete Sidewalk Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative100SY30.46$ 3,046.00$ 51.07$ 5,107.00$ 83.00$ 8,300.00$ 66.00$ 6,600.00$ 32.00$ 3,200.00$ 38.00$ 3,800.00$ 46.00$ 4,600.00$ 42.00$ 4,200.00$ 40.20$ 4,020.00$ 45.00$ 4,500.00$
A22
Concrete Curb Restoration as Directed by the Owner
or the Owner's Authorized Project Representative
100LF27.19$ 2,719.00$ 22.70$ 2,270.00$ 32.00$ 3,200.00$ 27.00$ 2,700.00$ 25.00$ 2,500.00$ 15.00$ 1,500.00$ 32.00$ 3,200.00$ 21.00$ 2,100.00$ 24.00$ 2,400.00$ 45.00$ 4,500.00$
A23
Asphalt Paving Restoration as Directed by the Owner
or the Owner's Authorized Project Representative
200SY51.06$ 10,212.00$ 43.13$ 8,626.00$ 150.00$ 30,000.00$ 49.00$ 9,800.00$ 30.00$ 6,000.00$ 65.00$ 13,000.00$ 45.25$ 9,050.00$ 32.00$ 6,400.00$ 27.00$ 5,400.00$ 45.00$ 9,000.00$
A24
Underdrain Restoration as Directed by the Owner or
the Owner's Authorized Project Representative
500LF 27.04$ 13,520.00$ 24.57$ 12,285.00$ 31.00$ 15,500.00$ 32.00$ 16,000.00$ 11.00$ 5,500.00$ 31.00$ 15,500.00$ 35.00$ 17,500.00$ 17.50$ 8,750.00$ 18.00$ 9,000.00$ 9.00$ 4,500.00$
$ 1,014,525.51 $ 1,141,047.46 $ 1,104,810.00 $ 1,140,938.10 $ 1,069,235.00 $ 1,428,708.35 $ 1,172,230.00 $ 1,011,325.00 $ 1,399,110.00 $ 807,235.00
A25 $ 101,452.55 $ 114,104.75 $ 110,481.00 $ 114,093.81 $ 106,923.50 $ 142,870.84 $ 117,223.00 $ 101,132.50 $ 139,911.00 $ 80,723.50
1,115,978.06$ 1,255,152.21$ 1,215,291.00$ 1,255,031.91$ 1,176,158.50$ 1,571,579.19$ 1,289,453.00$ 1,112,457.50$ 1,539,021.00$ 887,958.50$
B1Mobilization (3.5% Maximum)1LS9,821.00$ 9,821.00$ 12,000.00$ 12,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 11,986.00$ 11,986.00$ 16,155.00$ 16,155.00$ 10,125.00$ 10,125.00$ 11,200.00$ 11,200.00$ 14,000.00$ 14,000.00$ 6,000.00$ 6,000.00$
B2Maintenance of Traffic (1.5% Maximum)1LS5,356.00$ 5,356.00$ 4,000.00$ 4,000.00$ 3,840.00$ 3,840.00$ 5,200.00$ 5,200.00$ 5,137.00$ 5,137.00$ 6,923.00$ 6,923.00$ 4,900.00$ 4,900.00$ 5,000.00$ 5,000.00$ 6,000.00$ 6,000.00$ 1,500.00$ 1,500.00$
B3) ,´39&3LSHE\+RUL]RQWDO'LUHFWLRQDO'ULOO 3,000LF19.85$ 59,550.00$ 26.00$ 78,000.00$ 15.00$ 45,000.00$ 22.05$ 66,150.00$ 18.40$ 55,200.00$ 28.00$ 84,000.00$ 19.95$ 59,850.00$ 17.25$ 51,750.00$ 26.20$ 78,600.00$ 15.75$ 47,250.00$
B4) ,´39&3LSHE\+RUL]RQWDO'LUHFWLRQDO'ULOO 3,050LF17.17$ 52,368.50$ 30.61$ 93,360.50$ 31.00$ 94,550.00$ 32.40$ 98,820.00$ 26.50$ 80,825.00$ 37.00$ 112,850.00$ 26.90$ 82,045.00$ 24.50$ 74,725.00$ 29.00$ 88,450.00$ 23.00$ 70,150.00$
B5) ,´+'3(3LSHE\+RUL]RQWDO'LUHFWLRQDO'ULOO 800LF
13.24$ 10,592.00$ 22.22$ 17,776.00$ 21.00$ 16,800.00$ 20.05$ 16,040.00$ 16.00$ 12,800.00$ 28.00$ 22,400.00$ 20.15$ 16,120.00$ 16.50$ 13,200.00$ 25.00$ 20,000.00$ 17.00$ 13,600.00$
B6) ,´39&3LSHE\2SHQ&XW 640LF 11.53$ 7,379.20$ 29.52$ 18,892.80$ 140.00$ 89,600.00$ 22.00$ 14,080.00$ 35.00$ 22,400.00$ 32.00$ 20,480.00$ 46.30$ 29,632.00$ 48.50$ 31,040.00$ 80.00$ 51,200.00$ 14.00$ 8,960.00$
B7) ,´39&3LSHE\2SHQ&XW 200LF15.44$ 3,088.00$ 25.31$ 5,062.00$ 160.00$ 32,000.00$ 29.15$ 5,830.00$ 44.30$ 8,860.00$ 42.00$ 8,400.00$ 50.80$ 10,160.00$ 58.50$ 11,700.00$ 65.00$ 13,000.00$ 16.75$ 3,350.00$
B8F&I 4" HDPE Pipe byOpen Cut400LF13.24$ 5,296.00$ 50.26$ 20,104.00$ 690.00$ 276,000.00$ 21.00$ 8,400.00$ 23.00$ 9,200.00$ 32.00$ 12,800.00$ 46.40$ 18,560.00$ 47.50$ 19,000.00$ 48.00$ 19,200.00$ 19.00$ 7,600.00$
B9) ,´5HVLOLHQW:HGJH*DWH9DOYH 9DOYH%R[10EA738.46$ 7,384.60$ 687.98$ 6,879.80$ 840.008,400.00$ 1,228.00$ 12,280.00$ 7767,760.00$ 1,700.00$ 17,000.00$ 810.00$ 8,100.00$ 680.00$ 6,800.00$ 950.00$ 9,500.00$ 665.00$ 6,650.00$
Young's Communication
424 West Drive
Melbourne, Fl. 32904
BID OPENING - THURSDAY, MAY 19, 2011 AWARD - THURSDAY, JUNE, 14, 2011
SKYCREST RECLAIMED WATER EXPANSION PROJECT 10-0040-UT & CHAUTAUQUA LAKE ESTATES WATER PROJECT 10-0041-UT
ANDREW SITEWORK, LLC
28561 Diesel Dr., #4
Bonita Springs, Fl. 34135
CASTCO CONSTRUCTION
9001 126th Ave, NE
Largo, Fl. 33773
DALLAS 1 CONSTRUCTION
10328 Main Street
Thonotosassa, Fl. 33592
SKYCREST RECLAIMED WATER EXPANSION PROJECT (10-0040-UT)
CHAUTAUQUA LAKE ESTATES RECLAIMED WATER PROJECT (#10-0041-UT)
SUB-TOTAL - ITEMS A1-A24
10% CONTINGENCY
TOTAL SKYCREST RECLAIMED WATER EXPANSION 10-0040-UT
WESTRA CONSTRUCTION
1263 12th Ave. E.
Palmetto, Fl. 34221
MTM CONTRACTORS
6550 53rd St N
Pinellas Park, Fl. 33781
GREGORY ELECTRIC CO.
2333 Feather Sound Dr. #A203
Clearwater, Fl. 33762
HARRIS-MCBURNEY
2120 N. U S Hwy. 301
Tampa, Fl. 33619
ROWLAND INC.
6855 102nd Ave. N.
Pinellas Park, Fl. 33782
SUNCOAST DEVELOPMENT
OF PINELLAS
2340 Destiny Way
Odessa, Fl. 33556
BID ITEMS QTYUNITUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT
Young's Communication
424 West Drive
Melbourne, Fl. 32904
BID OPENING - THURSDAY, MAY 19, 2011 AWARD - THURSDAY, JUNE, 14, 2011
SKYCREST RECLAIMED WATER EXPANSION PROJECT 10-0040-UT & CHAUTAUQUA LAKE ESTATES WATER PROJECT 10-0041-UT
ANDREW SITEWORK, LLC
28561 Diesel Dr., #4
Bonita Springs, Fl. 34135
CASTCO CONSTRUCTION
9001 126th Ave, NE
Largo, Fl. 33773
DALLAS 1 CONSTRUCTION
10328 Main Street
Thonotosassa, Fl. 33592
WESTRA CONSTRUCTION
1263 12th Ave. E.
Palmetto, Fl. 34221
MTM CONTRACTORS
6550 53rd St N
Pinellas Park, Fl. 33781
GREGORY ELECTRIC CO.
2333 Feather Sound Dr. #A203
Clearwater, Fl. 33762
HARRIS-MCBURNEY
2120 N. U S Hwy. 301
Tampa, Fl. 33619
ROWLAND INC.
6855 102nd Ave. N.
Pinellas Park, Fl. 33782
SUNCOAST DEVELOPMENT
OF PINELLAS
2340 Destiny Way
Odessa, Fl. 33556
B10) ,´5HVLOLHQW:HGJH*DWH9DOYH 9DOYH%R[5EA883.54$ 4,417.70$ 974.62$ 4,873.10$ 1300.006,500.00$ 1,345.00$ 6,725.00$ 8954,475.00$ 1,950.00$ 9,750.00$ 1,025.00$ 5,125.00$ 810.00$ 4,050.00$ 1,100.00$ 5,500.00$ 790.00$ 3,950.00$
B11
F&I 4" Blow-off Assembly, Reclaimed Water System
5EA 1,411.62$ 7,058.10$ 1,385.17$ 6,925.85$ 540.002,700.00$ 2,565.00$ 12,825.00$ 11995,995.00$ 2,550.00$ 12,750.00$ 1,185.00$ 5,925.00$ 1,200.00$ 6,000.00$ 1,100.00$ 5,500.00$ 1,100.00$ 5,500.00$
B12
) ,´6KRUW6LGH6HUYLFH$VVHPEO\IRU5HFODLPHG
Water System50EA567.89$ 28,394.50$ 544.30$ 27,215.00$ 760.0038,000.00$ 679.63$ 33,981.50$ 69234,600.00$ 850.00$ 42,500.00$ 65532,750.00$ 570.00$ 28,500.00$ 520.00$ 26,000.00$ 450.00$ 22,500.00$
B13
) ,6LQJOH´/RQJ6LGH6HUYLFH$VVHPEO\IRU
5HFODLPHG:DWHU6\VWHP ´&DVLQJ 20EA923.25$ 18,465.00$ 897.25$ 17,945.00$ 1200.0024,000.00$ 808.00$ 16,160.00$ 92118,420.00$ 1,425.00$ 28,500.00$ 110522,100.00$ 895.00$ 17,900.00$ 1,300.00$ 26,000.00$ 725.00$ 14,500.00$
B14
) ,6LQJOH´/RQJ6LGH6HUYLFH$VVHPEO\IRU
5HFODLPHG:DWHU6\VWHP ´&DVLQJ 2EA 1,484.22$ 2,968.44$ 544.30$ 1,088.60$ 7.30$ 14.60$ 2,098.00$ 4,196.00$ 1,380.00$ 2,760.00$ 2,300.00$ 4,600.00$ 1,660.00$ 3,320.00$ 1,400.00$ 2,800.00$ 1,800.00$ 3,600.00$ 1,110.00$ 2,220.00$
B15Root Pruning500LF3.33$ 1,665.00$ 2.55$ 1,275.00$ 1,160.00$ 580,000.00$ 5.10$ 2,550.00$ 8.00$ 4,000.00$ 35.00$ 17,500.00$ 7.30$ 3,650.00$ 6.00$ 3,000.00$ 5.40$ 2,700.00$ 3.00$ 1,500.00$
B16Tree Barricades1LS1,344.85$ 1,344.85$ 1,982.93$ 1,982.93$ 5,440.00$ 5,440.00$ 4,000.00$ 4,000.00$ 1,690.00$ 1,690.00$ 25,000.00$ 25,000.00$ 3,225.00$ 3,225.00$ 2,500.00$ 2,500.00$ 6,700.00$ 6,700.00$ 1,500.00$ 1,500.00$
B17
Connect to Existing 16" RCW Main at 2nd Street &
McCormick Drive1LS3,642.00$ 3,642.00$ 4,257.60$ 4,257.60$ 3.60$ 3.60$ 10,064.00$ 10,064.00$ 3,704.00$ 3,704.00$ 3,360.00$ 3,360.00$ 4,225.00$ 4,225.00$ 3,500.00$ 3,500.00$ 3,400.00$ 3,400.00$ 2,225.00$ 2,225.00$
B18
Sod Restoration as Directed by the Owner or the
Owner's Authorized Project Representative200SY 4.71$ 942.00$ 6.81$ 1,362.00$ 83.00$ 16,600.00$ 4.00$ 800.00$ 3.60$ 720.00$ 7.00$ 1,400.00$ 4.50$ 900.00$ 3.00$ 600.00$ 1.75$ 350.00$ 4.00$ 800.00$
B19
Concrete Driveway Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative100SY33.73$ 3,373.00$ 59.93$ 5,993.00$ 83.00$ 8,300.00$ 59.00$ 5,900.00$ 37.00$ 3,700.00$ 45.00$ 4,500.00$ 69.75$ 6,975.00$ 51.00$ 5,100.00$ 161.00$ 16,100.00$ 55.00$ 5,500.00$
B20
Concrete Sidewalk Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative100SY 30.46$ 3,046.00$ 40.65$ 4,065.00$ 32.00$ 3,200.00$ 66.00$ 6,600.00$ 32.00$ 3,200.00$ 38.00$ 3,800.00$ 46.00$ 4,600.00$ 42.00$ 4,200.00$ 40.20$ 4,020.00$ 45.00$ 4,500.00$
B21
Concrete Curb Restoration as Directed by the Owner
or the Owner's Authorized Project Representative
100LF27.19$ 2,719.00$ 27.36$ 2,736.00$ 150.00$ 15,000.00$ 27.00$ 2,700.00$ 25.00$ 2,500.00$ 15.00$ 1,500.00$ 32.00$ 3,200.00$ 21.00$ 2,100.00$ 24.00$ 2,400.00$ 45.00$ 4,500.00$
B22
Asphalt Paving Restoration as Directed by the Owner
or the Owner's Authorized Project Representative
200SY51.06$ 10,212.00$ 43.13$ 8,626.00$ 31.00$ 6,200.00$ 49.00$ 9,800.00$ 30.00$ 6,000.00$ 65.00$ 13,000.00$ 45.25$ 9,050.00$ 40.00$ 8,000.00$ 27.00$ 5,400.00$ 45.00$ 9,000.00$
B23
Underdrain Restoration as Directed by the Owner or
the Owner's Authorized Project Representative 500LF 27.04$ 13,520.00$ 24.57$ 12,285.00$ -$ 35.00$ 17,500.00$ 11.00$ 5,500.00$ 31.00$ 15,500.00$ 35.00$ 17,500.00$ 17.50$ 8,750.00$ 18.00$ 9,000.00$ 9.00$ 4,500.00$
$ 262,602.89 $ 356,705.18 $ 1,285,148.20 $ 373,601.50 $ 311,432.00 $ 484,668.00 $ 362,037.00 $ 321,415.00 $ 416,620.00 $ 247,755.00
B24 $ 26,260.29 $ 35,670.52 $ 128,514.82 $ 37,360.15 $ 31,143.20 $ 48,466.80 $ 36,203.70 $ 32,141.50 $ 41,662.00 $ 24,775.50
288,863.18$ 392,375.70$ 1,413,663.02$ 410,961.65$ 342,575.20$ 533,134.80$ 398,240.70$ 353,556.50$ 458,282.00$ 272,530.50$
1,404,841.24$ 1,647,527.90$ 2,628,954.02$ 1,665,993.56$ 1,518,733.70$ 2,104,713.99$ 1,687,693.70$ 1,466,014.00$ 1,997,303.00$ 1,160,489.00$
GRAND TOTAL FOR SKYCREST EXPANSION &
CHAUTAUQUA LAKES RECLAIMED PROJECTS
TOTAL CHAUTAUQUA LAKE ESTATES ITEMS B1-B24
SUB-TOTAL ITEMS B1-B23
10% CONTINGENCY
URS CORPORATION SOUTHERN WORK ORDER INITIATION
FORM
for the CITY OF CLEARWATER
Date: May 23, 2011 Project Number:___________
City Project Numbers: 10-0041 UT & 10-040-UT
1. PROJECT TITLE: Chautauqua Lake Estates and Skycrest Reclaimed Water
Systems General Services during Construction
2. SCOPE OF SERVICES:
The scope of services for this Work Order provides the General Services
during Construction for the Chautauqua Lake Estates and the Skycrest Reclaimed
Water Systems. The specific scope of services is: the attendance at the pre-
construction conference; the review and approval of shop drawings; and response to
requests for information.
I - CONSTRUCTION PHASE
Task 1- Task 1 – Attendance of Pre-Construction Conference
URS will attend the pre-construction conference. The purpose of URS
attendance is to answer technical questions with respect to the design.
URS will not be responsible for questions or providing information
involving the contract between the CITY and the contractor.
Attachment number 3
Page 1 of 5
Task 2 – Review and Approval of Shop Drawings
URS will review and approve up to thirty (30) of the contractor submitted
shop drawings for the project. URS will review the contractor submitted
shop drawings up to two (2) times each.
Task 3 – Response to Requests for Information (RFIs)
During construction URS will review and respond up to thirty (30)
contractor or CITY generated RFIs. All responses with be in writing and
will be submitted to the CITY for its transmittal to the contractor.
3. PROJECT GOALS:
The project goals are to provide the general services during construction for the
Chautauqua Lake Estates and Skycrest reclaimed water distribution systems for the
CITY to continue to expand its reclaimed water customer base and to increase the
amount of reclaimed used to offset potable water demand for nonpotable uses.
Additionally the increased use of reclaimed water within the CITY will also help to
reduce the amount of treated effluent that is discharge to surface waters for disposal.
4. BUDGET:
The fee estimate for this assignment is shown below and is also located on
Attachment “B”. This price includes all labor and expenses anticipated to be
incurred by URS Corporation Southern for the completion of these tasks, not to
exceed fees for task allowances totaling Eighteen Thousand One Hundred
Twenty-nine Dollars ($18,129). Include a statement that permit application fees
will be paid by the consultant and invoiced to the City as a reimbursable
Chautauqua Lake Estates
Task I Construction Phase $ 8,814.00
Other Direct Costs $ 250.00
Subtotal for Chautauqua Lake Estates $9,064.00
Skycrest
Task I Construction Phase $ 8,815.00
Other Direct Costs $ 250.00
Subtotal for Skycrest $9,065.00
Total $18,129.00
Attachment number 3
Page 2 of 5
5. SCHEDULE:
The project is to be completed months from issuance of notice-to-proceed. The
project deliverables are to be phased as follows:
Pre-construction conference 30 calendar days
Shop Drawing Review and Processing 45 calendar days
Response to RFI’s 180 calendar days
6. STAFF ASSIGNMENT (Consultant):
Officer-in-Charge: Dana K. Tallman, P.E.
Project Manager: Bozho Handjiev, P.E.
Construction Manager: Craig Osmanski, P.E.
Senior Designer: David Ellis
Admin Assistant: Lisa Woodard
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Craig Osmanski, P.E. All City
project correspondence shall be directed to Lan-Anh Nguyen, P.E. with copies to others
as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Deb Lutz, Senior
Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work
performed. Invoices will be prepared monthly according to the City’s Engineer of Record
contract requirements. Contingency services will be billed as incurred only after written
authorization provided by the City to proceed with those services.
City Invoicing Code: _0315-96739-561300-533-000-0000 _________
9. ITEM 9 INTENTIONALLY LEFT BLANK
10. SPECIAL CONSIDERATIONS:
Attachment number 3
Page 3 of 5
PREPARED BY: APPROVED BY:
________________________ ________________________
Dana K. Tallman, PE Michael D. Quillen, PE
Vice President City Engineer
URS Corporation Southern City of Clearwater
___________________ ___________________
Date Date
Attachment number 3
Page 4 of 5
{Add the following as an Attachment:}
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
Attachment “A”
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing the following methods.
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of
1" = 20’ unless approved otherwise. Upon completion the consultant shall
deliver all drawing files in digital format with all project data in Autodesk
Civil 3d file format. If not available Land Desktop files are still acceptable,
however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the
consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The
drawing file shall include only authorized fonts, shapes, line types or other
attributes contained in the standard AutoDesk, Inc. release. All block references
and references contained within the drawing file shall be included. Please
address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or
email address tom.mahony@myclearwater.com
All electronic files (CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
Attachment number 3
Page 5 of 5
CHAUTAUQUA / COACHMAN RECLAIMED WATER PROJECT (#10-0041-UT)
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
01,0002,000500
Feet
Legend
Chautauqua Lake Estates
Existing/Other Reclaimed
Coachman Ridge / Chautauqua
Revised Figure 1
U.S. 19
U.S. 19
McMullen Booth Road
Sunset Point Road
Belcher RoadN E C o a c h m a n
CDLAN
n/an/a
May 26, 2011
Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:
Map Document: (V:\GIS\_Staff\Martin\RobMaue\Reclaimed\Coach_Chautauqua.mxd)
²1 inch = 2,000 feet
Attachment number 4
Page 1 of 1
kj
n
SKYCREST RECLAIMED WATER PROJECT (#10-0040-UT)
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
CDLAN
n/an/a
May 26, 2011
Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:
Map Document: (V:\GIS\_Staff\Martin\RobMaue\Reclaimed.mxd)
²00.510.25Mile
Legend
n School
kj Government Offices
Future Skycrest Reclaimed Expansion (Keene Rd & Greenlea Dr Interconnect)
Existing Reclaimed
Skycrest Area
Countryside
High School
Pinellas County
Government Complex
Revised Figure 1
Gulf-To-Bay Blvd Gulf-To-Bay Blvd
Keene Road
U.S. 19
U.S. 19
McMullen Booth Road
SR 580
Sunset Point Road
Belcher Road
N E C o a c h m a n
Highland AveBetty LaneMemorial Ca
useway
Additional Skycrest
Reclaimed
Attachment number 5
Page 1 of 1
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve a work order to Tetra Tech, Inc. of Tampa, FL in the amount of $139,800.00 for engineering services associated with the
Water Treatment Plant 3 Arsenic Treatment System Project (11-00xx-UT), and authorize the appropriate officials to execute same.
SUMMARY:
This agenda item provides for engineering and design services for the construction of new treatment facilities to be located at the
city’s existing Water Treatment Plant 3 at 2775 State Road 580. The new treatment facilities will consist of pressurized filter
vessels that remove contaminants from the water prior to disinfection and distribution into the city’s drinking water system.
The City owns and operates a wellfield that is the local source of supply for potable water production. The remainder of the water
supply that is necessary to meet the additional demand is met by the purchase of imported water from Pinellas County. The City
of Clearwater Water Supply System Master Plan last updated in 2008 recommends that the City actively work to maximize local
production capabilities, specifically in those ways that are more cost effective than the option of purchasing water.
While the City utilizes reverse osmosis treatment at Water Plant 1 and is currently under design to build a brackish Reverse
Osmosis treatment facilities at Water Plant 2, there is currently no treatment at Water Plant 3. Construction of the proposed filters
will protect the City’s investment in the plant and the wellfield allowing for a longer useful life and increase the City’s ability to
continue meeting water quality standards for its drinking water.
The design phase is anticipated to be complete by December 2011, with the construction phase scheduled for completion by June
2012.
Tetra Tech is one of the City’s Engineers-of-record, and this work order was negotiated in accordance with the Consultants
Competitive Negotiations Act.
A third quarter amendment will establish Capital Improvement Program, 0327-96775, Arsenic Treatment WTP 3,
and transfer $139,800.00, Utility R and R revenue from 0327-96741, System R and R Capitalized to fund this work
order.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary section
Current Year Cost:$139,800.00Annual Operating Cost:
Not to Exceed:Total Cost:$139,800.00
For Fiscal Year:2010 to 2011
Appropriation CodeAmountAppropriation Comment
0327-96775-561300-533-000-
0000
139,800.00See summary section
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
TETRA TECH WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: May 26, 2011 Project Number:_________________
City Project Number:_11-00xx-UT__
1. PROJECT TITLE: Water Treatment Plant #3 Treatment System Additions
2. SCOPE OF SERVICES:
The City of Clearwater (City) is required by the Florida Department of Environmental
Protection (FDEP) to provide an arsenic removal treatment system on the raw water
pumped to the City’s Water Treatment Plant (WTP) #3. The treatment system will be
located at WTP#3. There is limited available area for placement of the treatment system
at the WTP#3 site and therefore it is anticipated that a media adsorption system will be
used for arsenic removal that will minimize the overall footprint of the system and will
not require significant pretreatment facilities or waste handling facilities. It is anticipated
that the spent media is a nonhazardous waste that can be removed and disposed of at a
landfill and the backwash water, if backwashing is required, will contain low
concentrations of arsenic and can be sent to the sanitary sewer system without treatment.
The City has requested Tetra Tech, Inc. (Tetra Tech) to provide a scope of services for
the evaluation of treatment systems and the recommendation for a treatment system. In
addition, the scope of services includes preliminary design and final design of the
treatment system, and bidding assistance.
Tetra Tech proposes the following scope of services for this project:
1. Kick Off Meeting with City and Site Visit
Tetra Tech will attend one (1) kick off meeting with the City and a site visit to discuss the
project scope and schedule.
Deliverable: Meeting Minutes
Attachment number 1
Page 1 of 7
2. Review of Water Quality Data
Tetra Tech will review the City’s existing water quality data for the twelve (12) wells
(Wells 3-1, 3-2, 3-3, 3-4, 3-5, 56, 58, 63, 68, 69R, 77, and 79) supplying raw water to
WTP#3. Tetra Tech will outline additional water quality sampling and analyses, if
necessary, and the City will be responsible for collecting the samples and paying for the
cost of analysis. Tetra Tech will summarize the water quality data and develop a design
raw water quality for the arsenic treatment system.
Deliverable: Water Sampling Matrix (if necessary)
3. Evaluation of Treatment Systems
Tetra Tech will evaluate arsenic removal systems, present this information to the City for
review and discussion, and then recommend up to three (3) systems to be considered as
candidates for the arsenic treatment system at WTP#3. Tetra Tech will prepare a survey
document and distribute it to suppliers of arsenic adsorption media systems to obtain
comparative design, sizing and cost information from each supplier to be used in the
evaluation. Preliminary opinions of capital and operational cost will be developed for
these 3 systems. Additionally, Tetra Tech will outline the proposed locations of raw
water withdrawal and treated water discharge at WTP#3, and up to two (2) proposed
locations for the placement of the arsenic removal equipment. This information will be
included in the Draft Arsenic Treatment Evaluation Report for the City’s review. The
City’s comments to the draft report will be incorporated in the Final Report.
Deliverable: Arsenic Treatment Evaluation Report
4. Preliminary Design
Tetra Tech will complete the preliminary design of the selected arsenic removal system
as determined after the treatment evaluation phase. A Preliminary Design Report will be
developed that shows the location of the treatment equipment, piping, and ancillary
equipment. Additionally, the preliminary opinion of capital and operational costs will be
updated. At the preliminary design phase, Tetra Tech will prepare and submit the FDEP
Permit Application.
Deliverable: Preliminary Design Report
5. Final Design
Tetra Tech will complete the final design of the arsenic removal system, including the
geotechnical investigation, plans, specifications, and the engineer’s opinion of capital and
operating costs for the system. This scope of work assumes that site improvements will
only require the preparation of a Modification to the existing Environmental Resource
Permit (ERP). Additionally, this scope assumes that no property setback variances are
required.
Tetra Tech will provide progress submittals of the final design documents at the 60% and
90% completion phases for the City’s review and comment.
Attachment number 1
Page 2 of 7
Deliverables: 60% Design, 90% Design, FDEP Permit Application
6. Preparation of Bid Documents
Tetra Tech will complete documents for the bidding of the arsenic treatment system at
WTP#3. Tetra Tech will utilize the City’s front end documents.
Deliverable: Bid Documents (100% Design)
7. Bidding Assistance
Tetra Tech will assist the City by answering up to fifteen (15) requests for information
(RFI) from Contractors, attend the pre-bid meeting, and assist the City in evaluating bids
and making recommendations for the award of the contract. The Contractor will be
responsible for obtaining the building permit for this treatment system.
8. Pre-Application Meeting with FDEP
The City and Tetra Tech will meet with the FDEP’s Permitting Department to discuss
permitting requirements and schedule for design, permitting, and construction of the
WTP#3 Arsenic Treatment System prior to the preparation and submittal of the FDEP
permit application.
9. City Review Meetings
Tetra Tech will prepare for, attend and prepare the minutes of up to 6 meetings with the
City to discuss the status of the project and discuss the evaluation report and design.
3. PROJECT GOALS:
The following goals are identified for the WTP#3 Treatment System Additions Project:
a. Evaluate, Design, Permit, and Construct the Treatment System at WTP#3.
Tetra Tech will provide five (5) copies each of the following documents to the City of
review and approval:
a. Treatment Evaluation Report - Draft and Final
b. Preliminary Design Report – Draft and Final
c. 60% Design, 90% Design, FDEP Permit Application - Final
d. Bid Documents (100% Design) - Final
4. BUDGET:
The breakdown of the project costs are shown in the table in Attachment B. This price
includes labor and expenses anticipated to be incurred by Tetra Tech for the completion
of these tasks, on a lump sum basis, for a fee of One Hundred Thirty-Nine Thousand
Eight Hundred Dollars ($139,800.00). The FDEP permit application for the Treatment
System is included in this scope of work. The FDEP permit application fee will be paid
by the City.
Attachment number 1
Page 3 of 7
5. SCHEDULE:
This scope of services is scheduled to be completed by March 1, 2012, with an issuance date
of notice-to proceed of May 31, 2011. The project milestones are as follows:
Water Sampling Matrix 5/31/11
Treatment Evaluation Report 9/2/11
Preliminary Design Report 10/14/11
60% Design 10/28/11
90% Design 12/23/11
Bid Documents 1/20/12
6. STAFF ASSIGNMENT (Consultant): Key technical personnel scheduled to
work on this project are as follows:
Emilie Moore, P.E. - Senior Project Manager
James Christopher, P.E. - Senior Process Engineer
James Crawford, E.I. - Design Engineer
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Emilie Moore. All City project
correspondence shall be directed to Robert Fahey with copies to others as may be
appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn:
Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748,
for work performed. Invoices will be prepared monthly. Contingency services will be
billed as incurred only after written authorization provided by the City to proceed with
those services.
City Invoicing Code: _0327-96775-561300-533-000-0000 _________
9. ITEM 9 INTENTIONALLY LEFT BLANK
10. SPECIAL CONSIDERATIONS:
a. The City is responsible for providing the survey of the Water Treatment Plant #3
property.
b. The City is responsible for performing the water quality sampling and analyses.
Attachment number 1
Page 4 of 7
c. Tetra Tech requests that geotechnical reports of the Water Treatment Plant #3
property be provided.
d. The scope assumes that no property setback variances are required for this
project.
e. The City is responsible for the permit application fees.
f. Due to the accelerated schedule at the direction of the City, pilot testing is not
included in the scope of services. The design will be performed in reliance upon
the representations and guarantees made by the media suppliers and Tetra Tech
provides no representations or guarantees of arsenic removal percentage or the
life of the media.
PREPARED BY: APPROVED BY:
___________________
Emilie A. Moore, P.E. Michael D. Quillen, PE
Tampa Area Regional Manager City Engineer
Tetra Tech, Inc. City of Clearwater
___5-26-11______________ ___________________
Date Date
Attachment number 1
Page 5 of 7
{Add the following as an Attachment:}
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
Attachment “A”
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on vellum or bond material, 24" x 36" at
a scale of 1" = 20’ unless approved otherwise. Upon completion the
consultant shall deliver all drawing files in digital format with all project
data in Land Desktop 2000 or later including all associated dependent files.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards
are used the consultant shall include all necessary information to aid in
manipulating the drawings including either PCP, CTB file or pen schedule for
plotting. The drawing file shall include only authorized fonts, shapes, line types
or other attributes contained in the standard AutoDesk, Inc. release. All block
references and references contained within the drawing file shall be included.
Please address any questions regarding format to Mr. Tom Mahony, at (727)
562-4762 or email address tom.mahony@clearwater-fl.com
¾ All electronic files must be delivered upon completion of project or with
100% plan submittal to City of Clearwater.
Attachment number 1
Page 6 of 7
ATTACHMENT B
CITY OF CLEARWATER
Water Treatment Plant #3 Treatment System Additions
PPRROOJJEECCTT BBUUDDGGEETT
Tetra Tech
Task Description Total
1 Kick Off Meeting with City and Site Visit $2,400
2 Review of Water Quality Data $5,100
3 Evaluation of Treatment Systems $15,200
4 Preliminary Design $22,500
5 Final Design $62,700
6 Preparation of Bid Documents $8,900
7 Bidding Assistance $9,600
8 Pre-Application Meeting with FDEP $3,800
9 City Review Meetings $9,600
Subtotal, Labor and Subcontractors $139,800
Permit Review Fees Paid by City
Grand Total $139,800
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Support the Florida Department of Environmental Protection’s petition to U.S. Environmental Protection Agency to rescind
Numeric Nutrient Criteria in Florida and adopt Resolution 11-16.
SUMMARY:
On January 14, 2009, the United States Environmental Protection Agency (EPA) formally determined that numeric nutrient criteria
(NNC) should be established for the State of Florida on an expedited schedule.
Since the Florida Department of Environmental Protection (FDEP) has an aggressive program in place and progressively working
toward guidelines that are more stringent where necessary, the FDEP petitioned the EPA to respond by May 22, 2011 on relieving
Florida from this federal mandate.
Significant cost, estimated in the millions of dollars, will be involved to bring nitrogen discharge limits for the wastewater and
stormwater treatment systems to EPA’s newest standards.
This resolution supports the FDEP’s petition to EPA to rescind numeric nutrient criteria in Florida at this time. This Resolution is
Clearwater’s first step in supporting the FDEP in a request for relief. City staff, as well as other local municipalities, will attend
Public Workshops held by the FDEP scheduled for June in Tallahassee and the Orlando area.
There are no costs associated with Resolution 11-16.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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RESOLUTION 11-16
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION’S PETITION
REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT
CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY-
PROMUGATED NUMERIC NUTIRENT CRITERIA FOR FLORIDA;
DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC
NUTRIENT CRITERIA IN FLORIDA; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has long recognized the detrimental effects of the
introduction of excessive amounts of nitrogen and phosphorus into the local surface
waters surrounding the City; and
WHEREAS, annual analysis and review of ambient water quality within all of our
surface waters has been ongoing as required by our MS4 NPDES (Municipal Separate
Storm Sewer System National Pollutant Discharge Elimination System) Permit; and
WHEREAS, in 1991 the City adopted an ordinance creating a Stormwater Utility,
establishing a dedicated funding source for stormwater projects to improve surface
water quality; and
WHEREAS, the City has actively participated in the development of Total Maximum
Daily Loads for Tampa Bay; and
WHEREAS, the City considers their actions to maintain and improve surface water
quality within Pinellas County to be in close compliance with the intent of both the
United States Environmental Protection Agency and the Florida Department of
Environmental Protection Agency; and
WHEREAS, the Florida Department of Environmental Protection has reinitiated its
own rulemaking process to adopt numeric nutrient criteria for Florida waterbodies; and
WHEREAS, the City considers the actions of Florida city and county governments, the
Florida Department of Environmental Protection and the Florida Legislature to be
consistent with the key principles of a model state program for the reduction of
nutrients as described in the Environmental Protection Agency’s Memorandum to
Regional Administrators of March 16, 2011; and
WHEREAS, the City supports the Florida Department of Environmental Protection’s
Petition requesting that the United States Environmental Protection Agency rescind its
determination that federal numeric nutrient criteria are needed in Florida and strongly
requests that the United States Environmental Protection Agency consider this Petition
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City hereby requests that the United States Environmental
Protection Agency (EPA) affirmatively consider and grant the Florida Department of
Environmental Protection’s Petition requesting that EPA:
1. Withdraw its January 2009 determination that numeric nutrient criteria are necessary
only in Florida;
2. Immediately initiate the repeal of 40 C.F.R. 131.49, providing for EPA-developed
numeric nutrient criteria in Florida; and,
3. Discontinue proposing or promulgating further numeric nutrient criteria in Florida.
Section 2. The City Clerk is hereby directed to forward a copy of this Resolution to
EPA Administrator Lisa Jackson, Governor Rick Scott, State Senate President Michael
Haridopolos and Speaker of the House of Representative Dean Cannon, the Florida
Congressional Delegation, and the local state Legislative Delegation
Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to
the Florida League of Cities, the Florida Association of Counties and the Florida
Stormwater Association.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2011.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Provide direction regarding short-term rentals in the High Density Residential (HDR) zoning district.
SUMMARY:
The issue of short-term rentals occurring in attached dwellings located in the High Density Residential (HDR)
zoning district has surfaced. Certain condominium association documents allow the short-term rental of units
within these properties and historically the properties have been rented. The City’s ordinances do not permit the
rental of such properties for less than 30 days and the association documents allow rental periods of 14 days.
The Planning and Development Department, in conjunction with the City Attorney’s office, has identified several
options for Council’s consideration:
Determine if individual units should be grandfathered by using the Council Policy established for
determining nonconformities in the single-family districts. Under this option, if the use is discontinued or
abandoned for a period of six consecutive months, it may not be reestablished (Code Section 6-103.D).
Require buildings to submit an application pursuant to the Community Development Code to allow a
certain number of units (10) to be rented at any one time as accessory overnight accommodations (Code
Section 2-503.F and 2-504. C). It should be noted that the staff report that accompanied Ordinance 7105-
03 that further clarified the prohibition of short-term rentals identified this as an option for the multi-family
zoning districts.
Amend the Community Development Code to allow properties constructed prior to a certain time to be
rented on a short-term basis provided condominium documents allowed such short-term rentals at that
time.
Request a declaratory judgment from Circuit Court as to which if any properties or units in the HDR
zoning district area entitled to short-term rental use.
Enforcement is to occur on any units determined not to be lawfully rented on a short-term basis.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Award a contract to Pillar Construction Group, LLC of Clermont, Florida, Bid 08-0020-PR, for the sum of $654,298.70 (including
Alternates 3 and 4 and 10% contingency), for renovations of the North Greenwood Recreation and Aquatics Center and North
Greenwood Library, to be funded from CIP 315-93621, and authorize the appropriate officials to execute same.
SUMMARY:
On November 16, 2010, the City Council approved changes to the Penny for Pinellas III project list including funding for the
renovations to the North Greenwood Recreation and Aquatics Center (NGRAC) and Library located on the southwest and southeast
corners of Martin Luther King Jr. Avenue and Palmetto Street.
The scope of the project is to renovate the current NGRAC by enclosing two exterior programming spaces as well as adding a
catering kitchen and provide interior renovations to accommodate partner agencies (i.e., North Greenwood Family Center and the
North Greenwood Boys and Girls Club).
This project will allow for additional revenue from partner agencies and an annual operational savings for a combined savings of
approximately $200,000 per year. The City will be the operator and facilitator of the building with the programming aspects handled
by the partner agencies. (Note - Agreements with these agencies will be forthcoming.)
This contract, with Pillar Construction Group, will provide for the renovations of NGRAC as well as Alternate 3, which is the
renovations of the North Greenwood Library, primarily the computer lab, and Alternate 4, which is the construction of a new
overhead canopy at NGRAC from the main building entrance to the driveway. The contract is under the projected budget for this
project.
Furnishing for the building and kitchen will be provided under separate contract. Completion is scheduled for November 2011.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$654,298.70 Annual Operating Cost:
Not to Exceed:$654,298.70Total Cost:$654,298.70
For Fiscal Year:2010 to 2011
Appropriation CodeAmountAppropriation Comment
315-93621 $654,298.70
Bid Required?:YesBid Number:08-0020-PR
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) City Manager
Cover Memo
BID ITEMS QTYUNITUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMO
UNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRI
CEAMOUNT
BASE BID
1
CONSTRUCTION EXPANSION & RENOVATIONS OF EXISTING REC CENTER
1LS547,177.00$ 547,177.00$ 570,790.00$ 570,790.00$ 525,240.00$ 525,240.00$ 543,129.27$ 543,129.27$ 519,404.00$ 519,404.00$ 490,000.00$ 490,000.00$ 461,085.00$ 461,085.00$
2
SITE WORK
1LS63,444.00$ 63,444.00$ 50,658.00$ 50,658.00$ 51,000.00$ 51,000.00$ 35,311.97$ 35,311.97$ 45,794.00$ 45,794.00$ 70,000.00$ 70,000.00$ 38,564.00$ 38,564.00$
TOTAL BASE BID
610,621.00
$ 621,448.00$ 576,240.00$ 578,441.24$ 565,198.00$ 560,000.00$ 499,649.00$
ALTERNATE BID
ALT 3
RENOVATIONS OF LIBRARY COMPUTER ROOM
1LS53,468.00$ 53,468.00$ 43,519.00$ 43,519.00$ 38,000.00$ 38,000.00$ 39,574.76$ 39,574.76$ 38,452.00$ 38,452.00$ 42,000.00$ 42,000.00$ 38,168.00$ 38,168.00$
ALT4
CONSTRUCT 10' X 75' OVERHEAD CANOPY+/-
1LS45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$ 45,000.00$
5
SURETY PERFORMANCE BOND
1LS7,090.89$ 7,090.89$ 6,800.00$ 6,800.00$ 7,500.00$ 7,500.00$ 18,750.00$ 18,750.00$ 16,200.00$ 16,200.00$ 10,000.00$ 10,000.00$ 12,000.00$ 12,000.00$
6
SUB-TOTAL ITEMS 1, 2, 3, 4 & 5
716,179.89
$ 716,767.00$ 666,740.00$ 681,766.00$ 664,850.00$ 657,000.00$ 594,817.00$
7
10% CONTINGENCY
71,617.99
$ 71,676.70$ 66,674.00$ 68,176.60$ 66,485.00$ 65,700.00$ 59,481.70$
8
TOTAL CONSTRUCTION COSTS ITEMS 1-7
787,797.88
$ 788,443.70$ 733,414.00$ 749,942.60$ 731,335.00$ 722,700.00$
654,298.70$
CERTUS BUILDERS 304 S. Westland Ave. Tampa, Fl. 33606
N GREENWOOD RECREATION CENTER RENOVATION & EXPANSION N. GREENWOOD LIBRARY RENOVATI
ONS
BID OPENING - THURSDAY, MAY 19, 2011 AWARD - THURSDAY, JUNE 14, 2011
PILLAR CONSTRUCTION 1312 Bowman St. Clermont, Fl. 34711MIDWAY SERVICES, INC. 4677 118th Ave. N. Clearwater, Fl. 33762E. O. KOCH CONSTRUCTION P. O. Box 1965 Sebring, Fl. 33871-1965
AIR MECHANICAL & SERVICE CORP 4311 W. Ida St. Tampa, Fl. 33614
AJAX BUILDING CORP 109 Commerce Blvd. Oldsmar, Fl. 34677
BANDES CONSTRUCTION 1368 Spalding Rd. Dunedin, Fl. 34698
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Appoint Daryl W. Schuster to the Sister Cities Advisory Board, as the Clearwater Sister Cities, Inc. representative, with term to
expire December 31, 2015.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6
CHAIRPERSON: Lois Sewell (resigned)
MEETING DATES: Quarterly
PLACE: TBD
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the
School Board’s World Language Coordinator or designee, and the Clearwater Arts Foundation shall not be
required to reside within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY
A NEW APPOINTEE:
1. Lois Sewell – 2391 Old Coach Trail, 33765 – Original Appointment 7/19/07
Resigned 4/16/11 - (was serving 1st term until 7/31/11)
(Clearwater Sister Cities, Inc.)
THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Daryl W. Schuster – 2030 Sandpiper Drive, Palm Harbor, FL 34683 – Teacher
(Clearwater Sister Cities, Inc.)– President
Zip codes of current members:
3 - 33764
1 - 34698
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve a Contract For Purchase of Real Property between The Times Publishing Company, a Florida Corporation, St. Petersburg,
Florida and the City of Clearwater (City), for the City to purchase real property described as Magnolia Park Subdivision, part of lot
3 lying East of Railroad, all of Lots 4,5,6 and 8, plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4
feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as recorded in Plat Book 1, Page 70, Public
Records of Pinellas County, for the sum of $2,200,000; authorize the appropriate officials to execute same, together with all
documentation required to effect closing; approve the appropriation of $2,500,000 from Penny for Pinellas funds for subject
property acquisition, closing and site demolition expenses; and approve the terms and conditions of the related temporary
occupancy lease between the City and The Times Publishing Company, and authorize the appropriate officials to execute same.
SUMMARY:
The subject property is located at 710 Court Street in the Downtown District of Clearwater. The parcel is approximately 83,800 sq.
ft. and is comprised of a single tenant office building with an adjacent parking lot.
This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as well
suited for transit and/or governmental uses. Acquisition discussions between the parties have taken place over a period of years,
but have not led to agreement.
Now, however, due to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase
arrangement with The Times Publishing Company to allow acquisition within designated funds in Penny for Pinellas.
The purchase price is close to the mid-point between two independent appraisals performed on the property and reflects a
$26.29/sq. ft. blended valuation (structure and parking lot).
Because The Times Publishing Company has the desire and need to find a relocation site for the Clearwater Bureau and an
acceptable alternative has not yet been found, a companion lease would allow The Times Publishing Company to lease back the
property for the statutorily-required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year.
The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price.
A third quarter budget amendment will establish a capital project in the amount of $2.5 million to fund the purchase.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Approve a Contract For Purchase of Real Property between Court Street Enterprises, Inc., a Florida Corporation, and the City of
Clearwater for the City to purchase from Court Street Enterprises, Inc., real property described as a portion of Lots 2, 3, 8 and 9,
Block 11, Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of
$525,000 and authorize the appropriate officials to execute same, together with all documentation required to effect closing;
approve the appropriation of $575,000 from Penny for Pinellas funds for subject property acquisition, closing and site demolition
expenses; and approve the terms and conditions of the related temporary occupancy lease between the City and David Allbritton,
and authorize the appropriate officials to execute same.
SUMMARY:
The subject property is located at 704 Court Street in the Downtown District of Clearwater. The parcel is approximately 19,368 sq.
ft.
Acquisition of this property, immediately adjoining The Times Publishing Company acquisition, would provide the City with a
consolidated parcel in excess of 100,000 sq. ft. and enhance the functional and/or redevelopment value of the assemblage for the
City, and allowing for the possibility of use for the downtown intermodal facility.
The purchase price is within the range of the two independent appraisals performed on the property for redevelopment
assemblyvalueand reflects a $27.10 sq. ft. appraised value.
Because a member of the ownership entity has the desire and need to find a relocation site for business operations currently located
in the subject structure and an acceptable alternative has not yet been found, a companion lease would allow David Allbritton, a
principal in Court Street Enterprises, Inc. to lease back the property for the statutorily required $1 per annum minimum, triple net,
with the City held completely harmless, for up to one year.
A third quarter budget amendment will establish a capital project in the amount of $575,000 to fund this purchase.
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City
Manager 7) Clerk
Cover Memo
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BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this _____ day of _________________ , 2011 by and
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, as Lessor, and DAVID
ALLBRITTON BUILDING CONTRACTOR, INC., a Florida Corporation, as Lessee.
WITNESSETH:
That the Lessor does lease to the Lessee the following premises consisting of the land
and all improvements thereon addressed at 704 Court Street, Clearwater, Pinellas County,
Florida 33756, being more specifically described as follows:
A Portion of Lots 2, 3, 8 and 9, Block 11, MAGNOLIA PARK, as recorded in Plat
Book 3, Page 43, of the Public Records of Pinellas County, Florida, being more
particularly described as follows:
From the Southwest corner of said Block 11, run thence East 73.45 feet for the
Point of Beginning: Thence run N 00°15'12" E, 314.34 feet to the South right-of-way
line of Franklin Street, also being the north line of said Block 11; thence S 89°58'00"
E along said north line of Block 11, 58.82 feet; thence S 00°52'44" E, 314.34 feet to
the North right-of-way line of Court Street, also being the South line of said Block 11;
thence West along said South line of Block 11, 65.03 feet to the Point of Beginning
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property."
1. LEASE TERM.
The term of this lease shall be for one (1) year; which term will commence on the day of
closing of that certain Contract For Purchase of Real Property by and between the parties, City
of Clearwater, Florida, a Florida Municipality, and Court Street Enterprises, Inc., a Florida
Corporation (note, David Allbritton is a principal in both Court Street Enterprises, Inc. and David
Allbritton Building Contractor, Inc.) entered into the day of , 2011, and shall continue until
midnight on the 365th day thereafter If Lessee is not in default of any lease provision, Lessee
shall further have the privilege and option of terminating this lease upon giving Lessor not less
than sixty (60) days written notice prior to vacating the lease premises, and fully paying any and
all costs, including, but not limited to, rent, utilities, taxes and insurance expenses for which
Lessee is responsible.
2. RENT.
Lessee agrees to pay and Lessor agrees to accept as rent during the term of this Lease,
the sum of One and 00/100 Dollars ($1.00), the receipt and sufficiency of which is hereby
acknowledged.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be
made of the premises during the term without the written consent of the Lessor: The premises
will be used by Lessee in continuance of the conduct of the business operations of David
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Allbritton Building Contractor, Inc., a Florida corporation and the assumption and continuance by
David Allbritton Building Contractor, Inc. of certain aspects of the business operations of Court
Street Enterprises, Inc., at the leased property.
4. UTILITIES.
Water, sewer, electric, gas, telecommunications and all other utilities of any kind shall be
billed directly to Lessee and are or shall be individually metered for the subject premises. All
deposits for such utilities shall be the sole responsibility of Lessee.
5. TAXES.
Lessee shall be responsible for and pay any and all real property taxes that may be
assessed and levied on the real property encompassing the demised premises, together with all
tangible personal property taxes due and owing during calendar year 2011, and throughout the
full term hereof, either as fee owner or as Lessee pursuant to the leasehold created by this
document.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations
of governmental authorities and agencies and of insurance carriers which relate to its use or
occupancy of the demised premises.
7. ASSIGNMENT OR SUBLEASE.
Excepting the continuation of the current business operations at the leased property, and
the short term month to month subleases to subtenants identified in Exhibit “A” attached hereto,
the Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, additionally sublet the premises or any part
thereof. Lessor may withhold such consent at its discretion. This covenant shall be binding on the
legal representatives of Lessee, and on every person to whom Lessee's interest under this lease
passes by operation of law, but it shall not apply to an assignment or subletting to the parent or
subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a
consolidation or merger involving such lessee.
Excepting the continuation of the current business operations at the leased property and
subtenants identified in Exhibit “A”, if the premises are sublet or occupied by anyone other than
Lessee or others not in accord with Lessee’s business operations, other than as consented to by
Lessor in writing, as required, it shall be deemed that Lessee is in default hereunder; or if this
lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant,
and apply the net amount collected to the rent herein reserved. No such collection shall be
deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of
such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
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8. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements
which are part of the leased property without the written consent of the Lessor, and any such
modifications or additions to said property shall become the property of the Lessor upon the
termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at
Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to
maintenance of the leased property, but shall apply to any change which changes the
architecture or purpose of the property or which changes any of the interior walls of the
improvements or which annexes a fixture to any part of the leased property which cannot be
removed without damage thereto. In the event Lessee desires to make any alterations or
modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such
proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the
proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to
the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee
which have not become the property of Lessor, including trade fixtures and the like. All property
remaining on the premises after the last day of the term of this lease shall be conclusively
deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the
cost of such removal.
9. RISK OF LOSS.
All of Lessee's personal property, whether present within or upon the lease premises as of
the commencement date hereof, or placed or moved onto or into the premises at any time during
the term hereof, shall be at the risk of the Lessee or owner thereof. The Lessor shall not be
responsible or liable to the Lessee for any loss or damage that may be occasioned by or through
the acts or omissions of persons occupying adjoining premises or any part of the premises
adjacent to or connected with the premises hereby leased or any part of the building which the
leased premises are a part of or any loss or damage resulting to the Lessee or its property from
bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the
negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to
exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition
for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at
Attachment number 2
Page 3 of 11
4
the beginning of this lease and agrees to maintain said premises in the same condition, order
and repair as they are at the commencement of said term, and to return the premises to their
original condition at the expiration of the term, excepting only reasonable wear and tear arising
from the use thereof under this agreement and as further stated hereafter under Paragraph 13.
Maintenance. Lessee agrees to make good to said Lessor immediately upon demand, any
damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said
premises, or of the walls or the building caused by any wrongful act or neglect of Lessee or of
any person or persons in the employ or under the control of the Lessee.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit
"B" attached hereto and made a part hereof as if said document were fully set forth at length
herein.
13. MAINTENANCE.
Lessee shall reasonably maintain, but not repair, the foundation, outer walls, roof and buried
conduits of the premises. However, the Lessee will not be responsible to make structural, major
component, or system repairs. The Lessor shall not be called on to make any such repairs
occasioned by the negligence of the Lessee, its agents, express or implied invitees, or employees.
Lessee shall keep the inside of said premises and the interior doors, windows and window frames of
said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary
and safe condition in accordance with law and in accordance with all directions, rules and regulations of
governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs
used on the premises. The plumbing facilities shall not be used for any other purposes than that for
which they are constructed and no foreign substances of any kind shall be thrown therein, and the
expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne
by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the
control of Lessee, and Lessee agrees that all operation, upkeep, and minor repairs, but not
replacements, will be at Lessee's expense. It is the further agreement of the Parties to this Lease that
neither Party shall be called upon to make repairs in the instance that the needed repair interferes or
prevents occupancy, rendering the premises uninhabitable. In such a case, either Party may terminate
the Lease and the Lessee and subtenants shall vacate as if the Lease has expired. In the event Lessor
pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same
from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee's
failure to make such repayment within the ten (10) day period shall constitute a default under the terms
of this lease.
14. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to such
an extent that it cannot be rebuilt or repaired within one hundred twenty (120) days after the date of
such destruction, either party may terminate this lease.
In the event that the building should be partially damaged by fire, earthquake or other cause, but
only to such an extent that it can be rebuilt or repaired within one hundred twenty (120) days after the date
of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise
provided herein. If the Lessee intends to rebuild or repair the premises at lessee's expense, Lessee
shall, within fifteen (15) days after the date of such damage, give written notice to Lessor of the intention
Attachment number 2
Page 4 of 11
5
to rebuild or repair and shall proceed with reasonable diligence to restore the building and other
improvements to substantially the same condition as existed immediately prior to the destruction. If, after
rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within one
hundred twenty (120) days after the date of commencement, the Lessor, at Lessor option, may
terminate the lease.
15. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority under
power of eminent domain, then the term of this lease shall cease on the part so taken from the date title
vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if
such portion of the demised premises is so taken as to destroy the usefulness of the premises for the
purpose for which the premises were leased, then from that day the Lessee shall have the right to either
terminate this lease or to continue in possession of the remainder of the same under the terms herein
provided. The parties agree that the Lessee shall not be entitled to any damages by reason of the
taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu
thereof.
16. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the
Lessor and any other owner provided, however, that such mortgages will not cover the
equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further
agrees to execute any instrument of subordination which might be required by mortgagee of the
Lessor.
17. DEFAULT; REMEDIES.
(a) If the Lessee shall violate any of the covenants of this lease and fail to correct such
default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor
may, at its option, deem this lease terminated. Lessee shall thereupon become a tenant at
sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by
law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor
may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without
being liable to any prosecution or claim therefore, and may relet the leased property as the agent
of the Lessee and receive the rent therefore and apply the same to the payment of such
expenses as Lessor may have incurred in connection with the recovery of possession, reduction,
refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable
attorneys fees. Thereafter, it shall be applied to the payment of damages and to the cost and
expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of
such intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period.
Attachment number 2
Page 5 of 11
6
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence
of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the
filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of
adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or
to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or
the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee
and breach of this lease.
18. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in
the event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute
sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand
delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with
the terms of this contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the
part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any
of the said rights.
(f)It is hereby understood and agreed that any signs to be used by Lessee, except inside
the building, shall be subject to the prior approval of the Lessor.
(g)It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future writing
signed by the party making such representations or promises.
(h) It is hereby agreed that if any sum due from Lessee is not received by Lessor within five
(5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten
percent (10%) of such overdue amount. The Lessor shall not be required to accept any sum not
paid within five (5) days subsequent of the date when due absent the simultaneous payment of
Attachment number 2
Page 6 of 11
7
this late charge. The requirement for a late charge set out herein shall not be construed to create
a curative period or a grace period for the timely payment of any sum due hereunder.
19. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased
property or property of Lessor. Each party shall look first to any insurance in its favor before
making any claim against the other party. Nothing contained herein shall in any way be
considered or construed as a waiver or release by the Lessor of any and all of the other
covenants and conditions contained in this lease to be performed by the Lessee.
20. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall
be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the
lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and
such other matters as may be reasonably requested.
21. INDEMNIFICATION.
Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof,
or Leasee’s subtenant’s, to include but not being limited to (a) failure by the Lessee, or its agents,
to perform any provision, term, covenant or agreement required to be performed by the Lessee
under this agreement; (b) any occurrence, injury or personal or property damage which shall
happen in or about the leased property or appurtenances resulting from the condition,
maintenance, construction on or of the operation of the leased property; (c) failure to comply with
any requirements of any governmental authority or insurance company insuring the leased
property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or
mechanic's lien connected with Lessee, its obligations or operations, filed against the leased
property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or
improvements by Lessee on the leased property. Such indemnification shall include reasonable
attorney's fees for all proceedings, trials and appeals.
22. "AS IS" CONDITION.
The Lessee accepts the leased premises on an "as is" basis as of the commencement
date, and Lessor shall have no obligation to improve or remodel the leased premises.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless
Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto
and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after
receipt of such notice to remedy such conditions.
Attachment number 2
Page 7 of 11
8
24. JANITORIAL EXPENSES.
Lessee shall obtain janitorial services for the leased premises at Lessee expense.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only
and are not to be considered in the construction of this lease or in the interpretation of the rights
or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the
property or, in the alternative, that such materials, wastes or substances may be located on the
property, only upon the prior written consent of the Lessor hereunder, and only in strict accord
and compliance with any and all applicable state and federal laws and ordinances. In the event
such materials are utilized, handled, stored or otherwise placed upon the property, Lessee
expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred
by Lessor or damages as may be assessed against Lessor in connection with or otherwise
relating to said hazardous materials, wastes or substances at anytime, without regard to the term
of this lease. This provision shall specifically survive the termination hereof.
30. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then
the parties agree that each party shall bear its own attorney fees and costs.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract; any action brought by either
party shall lie in Pinellas County, Florida.
Attachment number 2
Page 8 of 11
9
33. SECURITY DEPOSIT
At time of commencement Lessee shall pay to Lessor the sum of $25,000.00 ("Deposit") to
secure Lessee's faithful and timely compliance with all the provisions hereof, including without
limitation, the surrender of possession of the premises to Lessor as herein provided. If Lessor
applies any part of the Deposit to cure any default of Lessee, Lessee shall on demand deposit
with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times
during the term of this Lease. In the event of default by Lessee, and Lessee's failure to cure such
default upon notice thereof, Lessor may retain all or a portion of the deposit, at the sole
determination of Lessor, in addition to any other legal remedies available to Lessor. In the event
of no default by Lessee under provisions of this Lease, all monies on deposit with Lessor shall be
returned to Lessee not later than 15 days following final lease termination and vacation of
premises by Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this Business Lease Contract
as of the date set forth above.
LESSEE:
David Allbritton Building
Contractor, Inc.
By_______________________
David Allbritton, President
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________________ By: ____________________________
Frank V. Hibbard, Mayor William B. Home, II, City Manager
Approved as to form: Attest:
__________________________________ _____________________________
Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk
Attachment number 2
Page 9 of 11
10
EXHIBIT “A”
subtenants
Studio #1 – Art Whitney - Music Rehearsal Studio
Studio#2 – Jack Higgins - Music Rehearsal Studio
Studio #3 – James Michael Berretta - Music Rehearsal Studio
Studio #6- Josh King - Music Rehearsal Studio
Studio#7 – Dan Nash - Music Rehearsal Studio
Attachment number 2
Page 10 of 11
11
EXHIBIT "B"
Lessee agrees to provide at Lessee sole cost and expense the following policy or policies of
insurance through firms authorized to provide such insurance within the State of Florida. If Lessee
presently maintains policies of insurance in amounts and coverages equal to or exceeding the
following, Lessee, upon Lessor approval and acceptance of such policies, and being designated as
"Additional Insured" under such policies, shall maintain such policies in force throughout the initial
term and extended term, if any, of the subject lease:
Property Insurance: Lessee shall procure and maintain for the full term of the Lease, Property
Insurance in the amount of $50,000, if available, with a deductible amount of up to but not more than
$2,500, excluding Flood Insurance in acknowledgment that lease premises are largely outside of a
100-year storm event flood zone designation per FEMA Rate Map Community Panel No.
12103C0108G (Rev. 9/3/2003), it being understood and agreed that Lessee's obligation is to provide
property insurance coverage in said amount, since Lessor, upon any casualty that makes the
premises uninhabitable is not obligated to rebuild. Lessee will terminate and vacate the premises at
that point, and the insurance amount is for razing and clearing the site, with no reconstruction
intended. As stated, the Property Insurance amount provided for above is intended to represent
potential demolition expenses to be incurred by the City, and therefore, said amount shall be
determined by the City Engineer, in his sole discretion. Lessor shall be included and identified as
Additional Insured under the policy and on the Certificate of Insurance.
Liability Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability
Insurance and Auto Liability Insurance, each in an amount of $1,000,000.00. These coverages shall
be on an "Occurrence" basis. The Lessor shall be included and identified as an Additional Insured
under the policy and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended, voided,
cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of
exposure unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease
shall be forwarded to the City's Risk Management Office and approved prior to Lease
commencement. After review, the Certificate will be filed as part of the official Lease file.
Attachment number 2
Page 11 of 11
(c) The Lessor, at its option, may terminate this lease as for a default upon the
occurrence of any or all of the following events: an assignment by Lessee for the benefit
of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under
any law for the purpose of adjudicating Lessee bankrupt; or for reorganization,
dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the
appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee.
Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) Lessor, at its option, may terminate this lease in the event the City Council
determines at a duly constituted City Council meeting that the lease premises are
needed for other municipal purposes and serves Lessee with sixty (365) days notice of
such intended use.
18. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any
time, and in the event of such assignment, the Lessor shall be relieved of all liabilities
hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the
Lessee and assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the
essence of this contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice
sent by certified or registered mail, or hand delivered to the premises leased hereunder,
shall constitute sufficient notice to the Lessee, and written notice sent by certified or
registered mail or hand delivered to the office of the Lessor shall constitute sufficient
notice to the Lessor, to comply with the terms of this contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure
on the part of the Lessor to exercise promptly any rights given hereunder shall not
operate to forfeit any of the said rights.
(f) It is hereby understood and agreed that any signs to be used by Lessee,
except inside the building, shall be subject to the prior approval of the Lessor.
(g)It is understood that no representations or promises shall be binding on the
parties hereto except those representations and promises contained herein or in some
future writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any sum due from Lessee is not received by Lessor
within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late
charge equal to ten percent (10%) of such overdue amount. The Lessor shall not be
required to accept any sum not paid within five (5) days subsequent of the date when
due absent the simultaneous payment of
Attachment number 3
Page 1 of 1
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Update on County Digital Billboard Ordinance – Councilmember Bill Jonson
SUMMARY:
Review Approval:1) Clerk
Cover Memo
City Council Agenda
Council Chambers - City Hall
Meeting Date:6/14/2011
SUBJECT / RECOMMENDATION:
Election Date - Mayor Hibbard
SUMMARY:
Review Approval:
Cover Memo