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04/05/2012City Council Agenda Location: Council Chambers - City Hall Date: 4/5/2012- 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. Far 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�and 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 2012 End of Session Report — Sen. Latvala � Attachments 4.2 Tampa Bay Regional Planning Council 2012 Future of the Region Awards � Attachments 4.3 Donate Life Month Proclamation — recipient KarenBrooks, Life Link Foundation � Attachments 4.4 Willa Carson Health and Wellness Center Update —Annie Tyre11, Executive Director � Attachments 4.5 Marine Advisory Board Presentation � Attachments 4.6 Pinellas Alternatives Analysis presentation — Scatt Pringle, Jacobs. � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 15, 2012 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. Second Readings — Public Hearing 7.1 Adopt Ordinance 8323-12 on second reading, amendng the operating budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General 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, Perking Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. � Attachments 7.2 Adopt Ordinance 8324-12 on second reading, amendng the Capital Improvement Budget for the Fiscal year ending September 30, 2012 to reflect a net increase of $8,509.771. � Attachments City Manager Reports 8. Consent Agenda 8.1 Approve the modification of the Land Use Restrictive Covenant between the City of Clearwater and SP Country Club Homes, LLC, replacing the 30—year affa�dability period and the resale restrictions that were approved by the City Council in June 2008 to the mandatory minimum requirement mandated by law in accordance with the Community Development Block Grant Program regulations, requiring 51% percent of the total project units be sold to households at 80% of area median income or below, and authorize the appropriate officials to execute same. (consent) � Attachments 8.2 Appoint Gregory Newland as the fifth Trustee, replacing David Hogan, to finish a four—year term endng December 31, 2014 on the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) � Attachments 8.3 Approve a Purchase Order (contract) in the amount of $1,640,300; award bid 10-12 to Flarida Gas and Electric Corporation for the replacement of antiquated gas mains and service lines for the period of April 1, 2012 to March 31, 2013, and authorize the appropriate officials to execute same. (consent) � Attachments 8.4 Approve the Amended and Restated Agreement between the City of Clearwater (City) and The Long Center Foundation, Inc (Foundation) regarding the Long Center (Facility) until terminated by one of the Parties and authorize the appropriate officials to execute same. (consent) � Attachments 8.5 Approve a new Capital Improvement Project entitled North Greenwood Athletic Fields (CIP 315-93629) for $300,000, to be funded from Community Development Block Grant (CDBG), and amend the project budget to recognize a$25,000 donation from Clearwater for Youth (CFY), as well as any additional funds available from CDBG, when either a written agreement is provided or when the funds are received. (consent) � Attachments 8.6 Approve co—sponsorship and waiver of requested C�ty fees and service charges for Fiscal Year 2012/13 special events, including iive annual City events and twelve City co—sponsored events (an increase offour events), at an estimated General Fund cost of $363,340 ($24,300 cash contributions and $339,040 in—kin� contributions) and Enterprise Fund cost and fee waiver of $103,790 for the purposes of Fiscal Year 2012/13 departmental budget submittals. (consent) � Attachments 8.7 Approve the grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the construction of the Lake Belleview Trail and authorize the appropriate officials to execute same. (consent) � Attachments 8.8 Approve funding, not to exceed $150,000, for preliminary design work including site engineering, architectural, geotechnical, surveys etc. for the renovations of the Sid Lickton Ballfield Complex and Fred Conoyer Center from Penny for Pinellas funds and establish a new Capital Improvement Project entitled Sid Lickton Complex Renovations (CIP 315-93630). (cansent) � Attachments 8.9 Authorize funding for Police and Fire related staffing and radio communication requirements, in the amount of $2,849,305.44, in anticipation of the 2012 Republican National Convention (RNC); approve a contract (purchase order) for $1,365,305.44 to Communications International of Tampa, FL for 300 P7350 Portable Radios and 143 M7300 Mobile Radios with accessories, in accordance with Sec. 2.564(1) (d), Code of Ordinances — Other governmental bid; establish project 315-942�0, RNC Radio Replacements; authorize funding of $1,765,305 from Emergency Operations; autharize the allocation of $1,084,000 from General Fund retained earnings; and authorize the appropriate officials to execute same. (consent) � Attachments 8.10 Approve a Blanket Purchase Order to T. Wayne Hill Trucking, Inc., of Bartow, FL in the amount of $1,425,306.96 for biosolids services for a one—yearperiod with two optional annual extensions and authorize the appropriate officials to execute same. (consent) � Attachments 8.11 Approve an increase and a one—year extension toan existing three—year contract (BR504735) to Pol�lyne Inc., of Riceboro, GA, increasing the contract by $197,300.00, for a new total value of $1,200,556.48 for the Polymer Services, and authorize the appropriate officials to execute same. (consent) � Attachments 8.12 Approve an increase and one year extension to existing contract with Water Specialists Technologies LLC, of Sanford, FL in the amount of $155,700.00 (BPO BR503870) for a new contract total of $1,005,483.49 for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) � Attachments 9. Other Items on City Manager Reports 9.1 Approve the City of Clearwater's State Housing Initiatives Partnership Program (SHIP) Local Housing Assistance Plan covering State Fiscal Years 2012-2015, adopt Resolution 12-08 and authorize the appropriate officials to execute same. � Attachments 9.2 No Item � Attachments 9.3 Amend the Community Development Code, Section 47.031(1) by adding an alternate member to the Building Flood Board of Adjustment and Appeals and pass Ordinance 8312-12 on first reading. � Attachments 9.4 Confirm the Mayor's appointment of one member to the Clearwater Housing Authority board with term to expire September 30, 2016. � Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports � Attachments 11. Closing Comments by Mayor 12. Adjourn City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: 2012 End of Session Report - Sen. Latvala SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 1 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Tampa Bay Regional Planning Council 2012 Future of the Region Awards SUMMARY: Meeting Date:4/5/2012 Clearwater Gas System CNG Filling Station — Going Green and Natural Resources/Environment categories Brian Langille, CGS Operations Manager — Project Manager Rick Carnley, General Service/Solid Waste Ass. Director — NGV Fleet Coordinatar Tara Kivett, Engineering Manager — Station Construction Manager Hob Divine, Engineering Construction Inspector — Station Field Construction Coordinator Kristi Cheatham, Gas Sales & Public Affairs Manager — Station Marketing Coordinator Lisa Brown, Public Information Specialist/Marketing Coordinator — Station Publicity & Advertising Coordinator Kerry Nelson, Gas Specialist — Station Technical Operator Earl Gloster, General Services & Solid Waste Director — Key NGV Fleet Customer (70 Solid Waste Heavy Duty Vehicles) Chuck Warrington, Gas Managing Director Review Approval: Cover Memo Item # 2 Karen, Stephanie, I have confirmations from the following people, in addition to staff, that will be attending the presentation on Thursday. We are happy to have the opportunity to thank the members of the Stakeholder Steering Committee, which involved 8 meetings lasting 2 hours each, in addition to providing support at the two public Open House meetings and speaking with members in the community. Staff: 1. Michael Delk 2. Gina Clayton 3. Lauren Matzke Stakeholder Steering Committee: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 Richard Adelson Ronald Altic Koreen Brennan George Davis Blain Enderle (pronounced In-der-lee) Mike Engelmann Marc Hayes Dr. Marcus Milnes Mary Morrow Elvira Morgan (pronounced EI-veer-a) Joanna Siskin Alexander Todrow (pronounced Todd-row) John Ungerer Attachment number 1 \nPage 1 NOTE: Mike Engelmann will be coming from a training and is going to try his best to be there on time. He may or may not make it, but I'd like to include him because he attended every meeting and then some. He is active on the EAB as well. Lauren Matzke, AICP Planning & Development Department, City of Clearwater PH:727.562.4547 FAX:727.562.4865 E: lauren.matzke@mvclearwater.com Item # 2 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Donate Life Month Proclamation - recipient Karen Brooks, Life Link Foundation SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 3 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Willa Carson Health and Wellness Center Update - Annie Tyrell, Executive Director SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 4 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Marine Advisory Board Presentation SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 5 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Pinellas Alternatives Analysis presentation - Scott Pringle, Jacobs. SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 6 � �'�I_ � N ,_ � �`��A��S - � �_L�1�� ' � _ :, .��--� �� k �:iY.i � '�1►. i3#�. � P �il�: ' r: A � . � � �.. _ . �- - .� -_.� � _ � _ -:, .�-- --- __ _ _ ��_�� - -___�: __ � =� _ � � � , � �.� . � � . _ _� . _� � _ � �� . .-�T_' �� s �� .� �� Item # 6 �,�.� _,*�y . _ , t � � � �"� ;e . _ �BA�►�TI�►� , _' z,- __ - � -�. , A�' � F,� E�� I O NA�, AN� � �� OFAGREATER COUNTYAND REGIONALPLAN -I,. � Y� � �� i�� _--- �� u �.. "_'", �,. .�Y, '..� -� .. `� � y �7 . e • - F� � E� ,�� ,. � � �� -;� .. _ . �� s"Y .4 . . .*. . � �.. .,� . .:.. f � � � �eatisrr � w€n`vta�� " ` �' � G' '� Y^.. . , c;:a: , �td•tMT-�� y � � . ' � . y � � 4 :, AM]! l�wM irs^G'i If� .� ' , �� . �hyl i. . �� ¢ �� # ��.:.4 - . � t '�: PF�n . �� . � - _ - 1 _ �f - .. �_A�� "�EFERR�� ERN��IVE �' The Project Ad visory Committee (PAC) unanimously adopted the �PA at their January 30, 2012 meeting. � �:. :� .� � I�! �r��t � �� • Dec. 2011—Jan. 2012 Public Input �... -, �. • January 30, 2012 Requestin� Local Endorsements • March — May 2012 Item # 6 � , ' ■ �� '� TB�ARTi4. .. — — — 1 = �f _ .. �_A�� "�EFERR�� ERN��IVE �' � � -. !�-_� � �� fi � � ,� �� i� ,:.�.�.� . � '� � � � _ -_ - - �� -- �: �� - _ �� f � R �. _ .r�; I i � I F� . n � � � � � .�. {Y � � �.. �� 4 � � �` ," ��^r "-� ��: � � '''�. ,. _,�� Light rail connecting Clearwater, Largo, Greater Gateway, Pinellas Pa rk, a n d St. Pete rs b u rg i n Pinellas County, with a regional � connection across Tampa Bay to Tampa and Hillsborough County. �'`� I ncl udes cou nt wide loca I tra nsit Y service enhancements that support the Locally Preferred Alternative. Item # 6 � � � �•` � �� Tf� ��AF�Ti4. � N � �S �° i _� ,k� —. . 'Y.f t . . ._ �`' ,r. . . ..- �i � _�� ; ,'� ��wste�rl ° , ��?- �' � �,�.�,�CI�dilw4f�[�f � ,. � �_; � r � �� , �.� '�-,�_ rk�•�� ,,,, � � �G ',+91c9a"'. le � . � �� f � r1 -. �� . i .: li. _ $�- . ._ � ' � � �� 1611K.'s � - �. � 4 ' " 5 � � .,5 ,�fr .'S �- 3 I � �+�� . d ,�.�5�,�� .em l� , Y � t% ' i=Y — _ 1e��ia7'��y+L� . tiw��". �� i i��'r� �� '� �� j ,� � �� Fr��nd �rld�� ► y,b � , ---�� - F� �• - _ ..�T � II �� i ; ti. � � ��, � �, ' , _ r,xo a� � �'+�„ ` +� �:�r. � � P. "�,�y�.�; �� r .! � d f# � ! �`;�� e! �,6�s `�F� �j+ f'" � w� � ��k_ . +� ,� � - .. T .i�4y�e�` s� .?l n ��"'' W � �„ r<< w�''a � °A � '.YO d` - � "° ,�e� ' _ �+,-- v.. �� — ` .-�.e '`Y� �' d'' . t'�`�.�. ti�+.y �'.;• ��.� ^� , .�;p, +�I� ��+• ��`+r�� r ; a �;;��+ - -��'a�/S Cx�i.�-3 � �'" � �� i = � ,- �— �� i �'�'u M�k�i"�� °�� :�s. - "�. �l . , . vi.. 9..s1 � • �a ..'�F� i� � . , i �ry��.�,� H�� _ V � 5� j � .":�.l�a��ti - � . '� -�,_ I_?t ��:� v � - � � • ��''�� - � �r�� . � � . � , , . ' �� ..� ��wn�wx� � p�l..�V��Ml��l�l'�.� 6 #W �� .... .. � � � � �1!� �� , � _ a I� I ��. � � M1`�,�0�. � 5 i � � � � � - i I� � �. :_ : � I �� Item # 6 '� � �- _� �7`j'�� : .� ` � / � � � � 7 A� �: �� .�..f f a tih�:i �A'k' . � i ,� -�. _ t� � � �S _ �_� ;- � ,�I� _ . � � + � : , � � � t `� 1 � � � I 1 ��-� ' x�' �.: �� S u o rt i n N etwo r k� , a pp g , ��: - ; -' . ; �r,: �. - _;Y��4--�-� � • Regional service _� , �� w � � %� � �,� ,�`� � i - �� ; j� , ; . . . I , .1� _ _. . . � y, � A +' . ' " � ��-�� v�: � �4, , � _�� Existing local service � �� _ � . . � � _ � � �� - • Ex anded local r,- � ,� p . - � � h � ,� . _ � �� w� r � - � _- • rv i � se ce „ � �� :� �x h q � , `'' 1 • Loca I ro ute � � �II4 p 4 7 �t � F 4 � � - � • t .{�� - -�- ` � refinements �' �� `�Frs - � "` tl _'�-' ,� p4.�_� . . �:: . a=��- ��, ��M� �;- ��, � � • P re m i u m t ra n s i t �� _ =. : � � � �._ � routes � ��ti = � � � � o,� _, �� - . �� . . - � • Circulator service !!b' �'nN�al �., �,� � _ � . ��. , - ;T • F I ex ��r�ice h� �- : } � �1 � ` ':- ' ` ,_ �lil�s ' � ±��,—� �� - fi�la►FlTi4. �° _, �_ ,� i NOMI � �E�� ;=_MEN EN S � _ � �� I� �� . -� Create 67,000 Jobs over 30 years � �. 4'� �. $4.2 Billion into Pinellas County Economy (GDP) Return of $2.50 on Every $1.00 Spent (GDP) Attract New Businesses, Increase in Property Values Item # 6 , ' ■ �� '� TB�ARTi4. N� ,S -�� - � � � Transit Oriented Attractin Jobs New 9' • Development � �� w �� , � �' ' _ - ; i y�� _ "P' I , _� �� d �" -�' � .� e ��'{►f �� p �. � ,� _ � �.�,��,,,,�'�' 1�� , ''�� t�';+�� ,;:, � tl .`. �� r . .-. r , �.m� �+�, 4�� ,Il��' , "� -„ — , �� r 1�� . � � - � � �,. .� 4 `� 4#�1"� �� 6i� �— — —�.. Businesses and Development . � � . , �� ? . �� Y � Charlotte, NC (Blue Line - LRT) Dallas, TX (Light Rail) Denver, CO (SE Corridor - LRT) Phoenix, AZ ( M ETRO Li ne) Orla ndo, FL (Su n Ra i I) Item # 6 �f �� '� T�ARTi4. N� ,S -�� - � � M o i it a n Ot e r Be n e its v �. � :�. � �. � .:�� . ^�� 24,073 Da i ly Tri ps on Light Ra i I 67% Increase in PSTA Ridership Less Than an Hour Between Clearwater, Gateway and St. Petersburg Access and Mobility for All I m p rove A i r Qu a I i ty Item # 6 � , ' ■ �� '� TB�ARTi4. s nrnu;��; �„� �� SSO 530 $7 Q ::INE�AS _ 24 miles of light rail $1.5 — 1.7 billion ($2011) US 19 a�� zo�a zocys zao� ��n� zv�� o� aoi� ��1i a�� 16 Stations ROW and Structures US 19 (2003-2012) • $ 43 M. Annual Avg. •$ 106 M. Peak in 2006 Pinellas AA LPA • $ 48 Million Annually Item # 6 � '� �� . UBLI� !�'REAC� As of Jan. 30, 2012: � � . � �� 140+ Total Meetings & Events 26,000+ Tota I Pa rtici pa nts 535+ LPA Comments Questionnaire: • 1,200 Participants (August — September 2011) �_�.� h�w�s^� I:Fypl.r+lpp■- l+� 71't'IAn��wW�S '� i' ��.� ,� , . �� , �. �,�r� �� Item # 6 �;� � � �� '� TB�ARTi4. �B� REA�� t,--_ �� ---'� � � -�•-- Stakeholder Forums 14 Citizen Foru ms eTow n H a I I Eve nts C! C! 254 47 23,634 Speakers Bureau 69 1,800+ Presentations Item # 6 �;� � �� '� TB�ARTi4. '� � _ - � - � � - �'' �' General Comments about Draft LPA 141 Alignment or Connections Mode (Light Rail) 102 .. . Additional Comments/Other 195 Item # 6 �;� � � �� '� TB�ARTi4. _� _. .� �-_ : �� ,��k �:iY.� � i�f`. �� F r- � � Thank ou! y �F � � �� `�`"�, ,F ,� - � � � � � - �i i � _ . � _� ` ^hl.. - - � �+ ti.i l— • / 9 c � - ��. _ � � � -' � _ _ _ _ . ��';I .�` � ._ _ - ��=-,J.'�e. �. '-:- _-�'y`�� '_ � ' R ��,�.: � - - Il�s�nTrac ;� .� �� Item # 6 �.�. � _,*� y , t � �r��. ;e . _ �BA�►�TI�►� , _' z,- __ - � -�. , City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 SUBJECT / RECOMMENDATiON: Approve the minutes of the March 15, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 7 Present: Attachment number 1 \nPage 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER �I'�� =�� i� � III � °f i � �a ii �' Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. � Unapproved 1. Call to Order — Mayor Georqe N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. 3. Invocation - Pastor Timothy Smith, New Destiny Worship Center Pledqe of Alleqiance - Councilmember Bill Jonson 4. Presentations - Given. � 4.1 Service Awards One service award was presented to a city employee. 4.2 Ed Wells Jr. / Kiwanis Invitational Track and Field Meet Day Proclamation, March 20, 2012 - David Browder, President of the Kiwanis Club of Springtime CitY 4.3 Clearwater Bombers Day Proclamation, March 24, 2012 - Dean Robinson, Clearwater Bombers Dav Coordinator 4.4 Girl Scout Year Proclamation, 2012 -Shannon Sullivan, troop leader for Troop 471 4.5 Presentation to Clothes to Kids - Cliff Bailey, President of the Clearwater Lawn Bowlinq Club Counci12012-03-15 Item # 7 _ Attachment number 1 \nPage 2 Mr. Bailey presented Clothes to Kids representative Jennifer Jacobs with a donation. 4_6 Women's History Month Proclamation, March 2012 — Rita Garvey, Women on the Way representative 5. 5.1 Approval of Minutes rove the minutes of the March 1. 2012 Citv Council Meetina as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the March 1, 2012 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Aqenda Ed Hanna and Neilson Mcginnis, local cab company representatives, expressed concerns with United Cab Company's contract with the Phillies for exclusive rights to provide taxi service at Brighthouse Networks Field and requested council assistance to allow other taxi companies to provide pick-up and drop-off service at the stadium. The City Manager said the City's lease agreement with the Phillies allows them to contract services with agencies and companies. There is nothing inappropriate for the Phillies to have an exclusive contract with United Cab, which allows use of a designated lane for drop-off and pick-up service. The City Manager said other areas at the stadium have been designated for other cab companies to use for drop-off and pick-up service. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8314-12 on second readina as amended and other public conveyances. ulatina pedicabs The City Attorney reviewed the amendments since Monday's work session. Sentence was added at end of Section 25.02(1): "If a gratuity is accepted, "Gratuity Appreciated" shall be conspicuously posted in or on the pedicab." A sentence was added to end of Section 25.02(2): "If a gratuity is accepted, "Gratuity Appreciated" shall be conspicuously posted in or on the low-speed vehicle." Section 25.02(3) was amended as follows: "All surrey bicycles operated pursuant to this article shall be equipped with , ' a single...lt is unlawful for any person to operate, or cause to be operated, a surrey bicycle that is not equipped with a braking system that Counci12012-03-15 2 Item # 7 � Attachment number 1 \nPage 3 is capable of skidding each wheel in contact with the ground on drv, level, clean pavement by the operator from his normal position of operation." In response to questions, Assistant City Attorney Rob Surette said the proposed ordinance states the wheels to be skidded would apply to all four wheels; surreys have brakes on only two wheels. The City Attorney said the word "rear" could be added to the proposed amendment, Section 25.02(3), to address brakes on rear wheels. Traffic Operations Manager Paul Bertels said staff research could not find a stopping standard for bicycles, pedicabs or surreys. Stopping standards have been developed through engineering research studies for cars and trucks. Skidding terminology refers to a controlled skid; brakes will lock in an emergency stop. In response to a concern, the City Attorney said the ordinance requires the owners to certify compliance with provisions of the code. One individual recommended consideration to mandate the use of helmets and liability insurance for rental electronic personal assistive mobility devices (EPAMD). � Mr. Surette said Florida Statutes prohibits individuals under the age of 16 from operating an EPAMD without a helmet. EPAMDs are covered in the recreational vehicle definition; businesses operating this type of vehicle are subject to the permitting process and require insurance coverage. One individual spoke in opposition. �� Discussion ensued with concerns expressed regarding refining proposed language to address specific braking system. The City Attorney said New York City has a new ordinance, which says pedicabs must stop in a reasonable distance. Mr. Bertels said if there is enough braking power to skid, there is enough braking power to bring it to a sudden stop, to the point of a controlled skid. Councilmember Bill Jonson moved to amend Section 25.02(3) to read, "All surrey bicycles operated pursuant to this article shall be equipped with , �#� a single, ... It is unlawful for any person to operate, or cause to be operated, a surre�ycle that is not equipped with a braking svstem that is capable of skidding each rear wheel contact with the ground on dry, level, clean pavement by the operator from his normal position of operation." The motion was duly seconded. Mayor George N. Cretekos, Vice Mayor Paul Gibson, and Councilmembers Doreen Hock-DiPolito and Bill Jonson voted "Aye"; Councilmember Jay E. Polglaze voted "Nay." Motion carried. Counci12012-03-15 Item # 7 Attachment number 1 \nPage 4 Councilmember Jay E. Polglaze moved to amend Section 25.02(1) by adding following to the last sentence, "If a gratuity is accepted, "Gratuity Appreciated" shall be conspicuously posted in or on the pedicab." and Section 25.02(2) by adding following to the last sentence, "If a gratuity is accepted, "Gratuity Appreciated" shall be conspicuously posted in or on the low-speed vehicle." The motion was duly seconded. Councilmember Bill Jonson expressed a concern with a low-speed vehicle or pedicab advertising free rides but expecting a gratuity in return for the service. It was suggested that the word "accepted" be amended to "expected." There was no consensus to pursue amendment. Upon the vote being taken, Mayor George N. Cretekos, Vice Mayor Paul Gibson and Councilmembers Doreen Hock-DiPolito and Jay E. Polglaze voted "Aye"; Councilmember Bill Jonson voted "Nay." Motion carried. -� Ordinance 8314-12 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8314-12 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Councilmember poreen Hock-DiPolito, Councilmember Paul Gibson, Councilmember Bill Jonson, and Councilmember Jay Polglaze. "Nays": None. � _ � 8. Consent Aqenda — Approved as submitted. 8_1 A�prove the Purchase Contract between the property owner of record, Raymond Rayder, and the City of Clearwater for the City to purchase real property at 14 S. Evergreen Avenue, Clearwater, with a purchase price of $135,000 and total expenditures not to exceed $145,000 including environmental assessments, survey services, closing costs, and any other ancillary costs associated with acquisition; and authorize the appropriate officials to execute same, together with all other instruments reauired to affect closing. (consent) 8_2 Approve the third-year option of the Professional Services Contract between the City of Clearwater and Imaqine Global Consulting to provide tourism marketing services for the City of Clearwater in the amount of $164,000 for Fiscal Year 2012-2013, and authorize the appropriate officials to execute same. (consent� Counci12012-03-15 4 Item # 7 Attachment number 1 \nPage 5 8.3 Approve settlement of a liability claim for payment of $36,000.00 and authorize the appropriate officials to execute same. (consent) 8.4 Approve settlement of a liability claim for payment of $75,000.00 and authorize the appropriate officials to execute same. (consent) 8_5 Rescind approval of Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL, for an amount not to exceed $380,000, for the purchase of Goodyear tires for city motorized equipment during the period March 1, 2012 throuah Februarv 28. 2013. in accordance with Sec. 2.56(11(d). Code of Ordinances - other governmental bid. (consent) 8.6 Approve a work order to Malcolm Pirnie/Arcadis (EOR) in the amount of $160,530.00 for the design and permitting of generator upgrades to the East Water Reclamation Facility (WRF); electrical upqrades to the Marshall Street WRF Lab Building; and the Marshall Street WRF automatic transfer switch (ATS) 1; and authorize the appropriate officials to execute same. (consent) � 8.7 Accept a Riaht of Wav and Utilities Easement over the southern ten (101 feet of property at 1280 Cleveland Street, Clearwater, conveyed to the Cit r�b�r the property owner, Verizon Florida, LLC. (consent� 8_8 Request for authority to institute a civil action on behalf of the City against BRW Contracting, Inc. to seek recovery of costs and expenses to repair damages that occurred to several homes while installina sewer aipes. (consentl 8_9 Request for authority to institute a civil action on behalf of the City against Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for damages to City propert�(consent) Councilmember poreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports 9.1 Amend the City's Fiscal Year 2011/12 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8323-12 and 8324-12 on first readinq• The fiscal year 2011/12 Operating and Capital Improvement Budgets were adopted in September 2011 by Ordinances 8285-11 and 8286-11. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly Counci12012-03-15 Item # 7 Attachment number 1 \nPage 6 report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The attached memorandum and the accompanying report provide this information and outline the issues at first quarter that require amendment. Councilmember poreen Hock-DiPolito moved to amend the City's Fiscal Year 2011/12 Operating and Capital Improvement Budgets at first quarter. The motion was duly seconded and carried unanimously. Ordinance 8323-12 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8323-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. � � �� Ordinance 8324-12 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8324-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 9.2 Approve the purchase of property and equipment breakdown insurance from April 1, 2012 through April 1, 2013, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,950,000, and authorize the appropriate officials to execute same. The Risk Management Division of the Finance Department requested Arthur J. Gallagher and Co. (Florida) to obtain quotes for the property insurance program expiring April 1, 2012. Per those quotes, Risk Management is recommending that the City maintain a $50 million limit with a$50 million and $30 million Flood sub-limit (depending on Counci12012-03-15 6 Item # 7 � Attachment number 1 \nPage 7 property location). The self-insured retention would remain at $100,000 per occurrence, with a 5% or $500,000 SIR (whichever is greater) for named storms. In addition, Risk Management is recommending a stand-alone policy through Zurich to insure the bridges in the amount of $47 million, at an annual premium of approximately $53,870. This program would incorporate a self-insured retention of $100,000 per occurrence, with a$500,000 SIR for named storms, and provide the City with an additional $47 million of aggregate windstorm/flood/terrorism capacity for the City's program. This policy also provides a three (3) year rate guarantee. By utilizing this stand-alone program, a 60% reduction from the prior year's rate for the bridges was achieved. The total property insurance premium is estimated at $1,860,610, which represents an 8°/o increase over last year's premium of $1,723,019. Additionally, Risk Management recommends that the City renew its Equipment Breakdown policy with Travelers at a premium of $10,136. This reflects a 10.2% decrease from last year's $11,286, along with coverage enhancements. � Overall, the insurance coverage as recommended is enhanced with an additional $47 million in capacity per the stand-alone policy for the bridges. Risk Management believes that should the coverage as recommended be placed, the City's property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. Councilmember Bill Jonson moved to approve the purchase of property and equipment breakdown insurance from April 1, 2012 through April 1, 2013, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,950,000, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9_3 Appoint one member to the Airpark Advisory Board to fill the remainder of an unexpired term until March 31, 2013. One individual expressed a concern with individuals who oppose the airpark to be considered for appointment to the Board. Discussion ensued with concern expressed that the Board currently has more than one member with an aviation background. It was suggested that an individual with neighborhood ties be appointed. Counci12012-03-15 Item # 7 Attachment number 1 \nPage 8 Councilmember Jay Polglaze moved to appoint Richard Porraro to the Airpark Advisory Board to fill the remainder of an unexpired term until March 31, 2013. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports . 10.1 Status re concern raised during 3/1 meeting (Mr. Morgan complaint/investigation) Police Lieutenant James Kleinsorge said the Police Department received a call from Joe Morgan regarding an incident that occurred on January 10 at an Airpark Public Meeting. Mr. Morgan accused Dennis Roper, Airpark Advisory Board Chair, of approaching him with a fist. An investigation was conducted and after interviewing witnesses, it was determined that many individuals called Mr. Roper a liar; Mr. Morgan admitted he was one of the individuals who made such remark. Lt. Kleinsorge said � witnesses reported that Mr. Roper did approach Mr. Morgan with an open finger, not a fist, and no threats were made. The case was closed as no criminal charges were filed. Marine and Aviation Director Bill Morris said the plane Mr. Morgan claimed to be flying too low was a 1978 Cessna 172 single-engine plane. The pilot had filed a flight plan and was flying from Tennessee to Melbourne; stopping in the Clearwater Airpark for fuel. The plane was on an authorized flight pattern and in communication with the tower and went beyond the right-turn pattern; going 500 feet to 600 feet in 2 seconds over Mr. Morgan's home. Mr. Morris said there is no record of the plane ever landing before at the airpark and staff did not have an opportunity to go over airpark rules with the pilot even though the rules are in the handbook. The pilot should have turned before going over Mr. Morgan's home; staff believes the error occurred because the pilot was in communications with the tower at the time and following the authorized flight plan. 11. Closinq Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 12. Adiourn The meeting was adjourned at 7:41 p.m. Mayor Counci12012-03-15 8 Item # 7 City of Clearwater Attest City Clerk Attachment number 1 \nPage 9 Counci12012-03-15 9 Item # 7 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Meeting Date:4/5/2012 Adopt Ordinance 8323-12 on second reading, amendingthe operating budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and e�enditures for the General 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, Perking Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 \nPage 1 ORDINANCE NO. 8323-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL 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, 2012, for operating purposes, including debt service, was adopted by Ordinance No. 8285-11; and WHEREAS, at the First Quarter Review it was found that an increase of $9,657,826 is necessary for revenues and an increase of $9,070,665 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. 8285-11 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2011 and ending September 30, 2012 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 Approved as to form: George N. Cretekos, Mayor Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Item # 8 Ordinance No. 8323-12 General Fund: Property Taxes Franchise Fees Utility Taxes Licenses, Permits & Fees Sales Tax Communications Services Tax Intergovernmental Revenues Charges for Current Services Fines & Forfeitures Interest Income Miscellaneous Interfund Charges / Transfers In Transfer from Surplus EXHIBIT A �I�S fi Qi Y� -1�1 Z�� :7-=►�/ �� 1�i=1 First Quarter Original Amended Budget Budget 2011/12 2011/12 Amendments 35,888,190 10,560,000 13,290,250 3,650,000 5,350,000 6,150,000 11,173,120 3,717,480 594,000 895,000 829, 590 17,013,440 35,888,190 10,560,000 13,290,250 3,650,000 5,350,000 6,150,000 11,173,120 3,717,480 594,000 895,000 829,590 19,372,526 2,359,086 1,918,427 1,918,427 Total, General Fund 109,111,070 113,388,583 4,277,513 Special Revenue Funds: Special Development Fund Special Program Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 11,569,780 1, 661, 560 67,769,990 16, 024,180 19,250,350 35,880,010 2,868,000 239,000 4,693,980 409,200 4,594,400 61, 390 8,838,250 4,407,330 12,235,440 19,116,920 11,569,780 3,930,856 67,920,290 16,065,790 19,343,610 38,220,147 2,926,971 415,220 4,708,170 411,780 4,629,893 61, 390 8,904,620 4,441,920 12,271,270 19,178,386 2,269,296 150,300 41,610 93,260 2,340,137 58,971 176,220 14,190 2,580 35,493 66, 370 34,590 35,830 61,466 Total, All Funds 318,730,850 328,388,676 9,657,826 Attachment number 2 \nPage 1 Ordir��#1�3�3-12 EXHIBIT A (Continued) 2011-12 BUDGET EXPENDITURES First Quarter Original Amended Budget Budget 2011/12 2011/12 Amendments General Fund: City Council 261,050 261,830 780 City Manager's Office 1,190,800 1,201,300 10,500 City Attorney's Office 1,514,610 1,527,060 12,450 City Auditor's Office 190,340 192,610 2,270 Economic Development & Housing Svc 1,199,880 1,307,683 107,803 Engineering 7,136,150 7,194,970 58,820 Finance 2,130,100 2,155,530 25,430 Fire 22,041,120 22,067,720 26,600 Human Resources 1,030,420 1,041,050 10,630 Library 5,614,650 5,680,890 66,240 Marine & Aviation 550,530 554,600 4,070 Non-Departmental 3,079,970 6,579,970 3,500,000 Office of Management & Budgei 293,740 297,270 3,530 Official Records & Legislative Svcs 1,018,520 1,025,710 7,190 Parks & Recreation 19,408,310 19,569,150 160,840 Planning & Development 4,517,140 4,679,380 162,240 Police 35,109,050 35,203,070 94,020 Public Communications 885,430 894,440 9,010 Public Services 1,647,430 1,662,520 15,090 Allocation to Reserves 291,830 291,830 - Total, General Fund 109,111,070 113,388,583 4,277,513 Special Revenue Funds: Special Development Fund Special Program Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 9,921,960 1,411,560 67,769,990 15,778,720 17,748,050 33,831,830 2,820,990 165,730 4,666,240 366,810 4,261,720 61, 390 8,652,090 4,407,330 12,235,440 19,116,920 9,921,960 3,680,856 67,920,290 15,820,330 17,708,720 35,735,737 2,861,620 341,950 4,680,430 369,390 4,297,213 61, 390 8,718,460 4,441,920 12,271,270 19,178,386 2,269,296 150,300 41,610 (39,330) 1,903,907 40,630 176,220 14,190 2,580 35,493 66,370 34,590 35,830 61,466 Total, All Funds 312,327,840 321,398,505 9,070,665 Attachment number 2 \nPage 2 Ordir��#1�3�3-12 City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 SUBJECT / RECOMMENDATiON: Adopt Ordinance 8324-12 on second reading, amendingthe Capital Improvement Budget for the Fiscal year ending September 30, 2012 to reflect a net increase of $8,509.771. SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 \nPage 1 ORDINANCE NO. 8324-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, TO REFLECT A NET INCREASE OF $8,509,771 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2012 was adopted by Ordinance No. 8286-11; 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. 8286-11 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2011 and ending September 30, 2012, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter 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 George N. Cretekos, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Item # 9 Ordinance No. 8324-12 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2011/12 Fire Protection New Street Construction Major Street Maintenance Sidewalk and Bike Trail Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Original Budget 2011/12 6, 270, 580 3, 326, 390 435,000 445,000 35,000 1, 660, 500 530,000 10,000 935, 310 3, 390, 750 343,100 595,000 5,600,100 2,700,000 415,000 10,000 12, 380, 000 5,228,140 First Qtr Amended Budget 2011/12 6, 270, 580 104, 795 3,736,422 (631,445) 435,000 445,000 (30,571) 4,600,412 (285,401) 1,885,000 935,310 3,390,750 343,100 595,000 6,890,032 3,134,839 415,000 10,000 11,372,214 9,203,604 Amendments 104,795 410,032 (631,445) (65,571) 2,939,912 (815,401) 1,875,000 1,289,932 434,839 (1, 007, 786) 3,975,464 TOTAL 44,309,870 52,819,641 8,509,771 Attachment number 2 \nPage 1 Item # 9 Ordinance # 8324-12 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2011/12 GENERALSOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Local Option Gas Tax Special Program Fund Grants - Other Agencies Other Governmental Property Owner's Share Donations SELF SUPPORTING FUNDS: Marine Revenue Clearwater Harbor Marina Revenue Airpark Revenue Parking Revenue Utility System: Water Impact Fees Sewer Impact Fees Utility R&R Water Revenue Sewer Revenue Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Grants - Other Agencies INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Original Budget 2011/12 1, 826, 340 635, 310 1, 795, 360 6,440,570 290,000 1,396,030 25,000 500,000 200,000 100,000 15,000 10,000 495,000 233,600 1,690,080 2,849,460 2,696,270 8,566,860 5,600,100 2,730,000 415,000 142,000 125,000 361,520 First Qtr Amended Budget 2011/12 4,773,856 635,310 1, 795, 360 6,440, 570 290,000 1, 396, 030 25,000 24,507 2,570,621 53,703 200,000 100,000 15,000 185,000 495,000 233,600 1,690,080 2,849,460 2,696,270 8, 566, 860 5,600,100 2,730,000 415,000 3,251,836 142,000 125,000 361,520 Amendments 2,947,516 (475,493) 2,570,621 53,703 175,000 3,251,836 Attachment number 2 \nPage 2 Item # 9 Ordinance # 8324-12 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2011/12 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Bond Issue - Water & Sewer BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services Original Budget 2011/12 1, 581, 870 3,189,500 400,000 First Qtr Amended Budget 2011/12 (13,412) 1, 581, 870 3,189, 500 400,000 Amendments (13,412) TOTAL ALL FUNDING SOURCES: 44,309,870 52,819,641 8,509,771 Attachment number 2 \nPage 3 Item # 9 Ordinance # 8324-12 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Meeting Date:4/5/2012 Approve the modification of the Land Use Restrictive Covenant between the City of Clearwater and SP Country Club Homes, LLC, replacing the 30—year affordability period andthe resale restrictions that were approved by the Ciry Council in June 2008 to the mandatory minimum requirement mandated by law in accordance with the Community Development Block Grant Program regulations, requiring 51% percent of the total project units be sold to households at 80% of area median income or below, and autharize the appropriate officials to execute same. (consent) SUMMARY: On June 16, 2008, SP Country Club Homes, LLC received a$700,000 loan from the City of Clearwater to build affordable townhome units. The loan documents executed by SP Country Club Homes, LLC included a inortgage, note and land use restrictive covenant. While the mortgage and note focused upon the terms and conditions of the loan, the land use covenant restricted the property far affardable housing purposes, among other things. In consideration of the partial financing for the development project, SP Country Club, LLC maintained that the property would include the following: • a 30—year affordability period; • 51 % of the total units built will be sold to fainilies with incomes of less than 80% of the area median income; • the value of housing units shall not exceed 95% of the median purchase price for that type of unit, and • during the affordability period, ihe unit must be occupied by a low to moderate—income family. If theunit is sold during this period, it must be sold to another low to moderate—income family. Staff recommends that two of the mandates listed above be waived to reflect the minimum standards that are required by the CDBG program that provided the funds. It is requested that the 30—year affordability period and the r�ale provisions be removed to what is required by law in order to increase the marketability of the project. When this loan was ariginally approved to purchase the property, the developer was still in the process of seeking outside �nancing. Since the City, at that time, did not lcnow if financing would include certain affardability restrictions, the City placed the restrictions on the project to ensure that a thirty—year affordability period was in place. Since Nei�borhood Stabilization Program 2(NSP2) funds have since been provided to the project, the affordability period will be met. Construction funding provided through the NSP2 by Pinellas County requires that the units remain affordable for thirty years. For this purpose, a Land Use Restrictive Agreement has been executed and recorded to provide for the NSP2 standards. Therefore, the need for the thirty—year affordability period is being met and the need to bind the property for thirty years through the City is not warranted. Program regulations from the NSP2 Program also ensure that the units remain affordable to low to moderate—income families. The program mandates that all homebuyers have incomes of less than 120% of area median income. This includes the initial homebuyer and subsequent buyers to which the unit is sold during the 30—year affordability period. Ths reduces the need for the City to maintain the original income requirements after the initial purchase of 51 % of the units by homebuyers whose income will be 80% or less than area median income. All resales in this development will be limited to buyers at 120% of area median income or below. Review Approval: Cover Memo Item # 10 Attachment number 1 \nPage 1 AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS CITY OF CLEARWATER CDBG PROGRAM THIS DECLARATION, made this day of 2012 , is hereby amending and restating declarations made on June 16, 2008, between SP Country Club Homes LLC, its successors, assigns and transferees of the project described below, whose mailing address is 2430 Estancia Blvd., Suite 101, Clearwater, Florida 33761, hereinafter called (`Borrower") and the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida hereinafter called ("City"). WHEREAS, the Borrower and the City entered into that certain Declaration of Restrictive Covenants dated June 16, 2008 ("Declaration"), binding certain real property as more particularly described herein ("Property") to a thirty (30) year affordable housing restriction because it was unknown at that time what affordable housing project would be built on the Property; and WHEREAS, the affordable housing project has now been defined, the Borrower has since entered into, or within sufficient time will enter into, additional agreements for construction funding and eligible purchasers will enter into agreements for down payment assistance which shall contain restrictive covenants that the City agrees will be adequate to meet affordability requirements as provided by law; and WHEREAS, the Borrower is in the process of developing affordable housing units for low to moderate-income residents as described and required by these restrictive covenants, and agrees with the City that the real property which is subject to that certain executed Mortgage and Note as recorded in the official records of Pinellas County in Book 16296, pages 1332-1355 shall be subject to the restrictive covenants set forth herein, as well as all restrictions of record; and Item # 10 -1- Attachment number 1 \nPage 2 WHEREAS, Borrower agrees that these restrictive covenants shall remain in full force and effect against the real property until fifty-one percent (51 %) of the units are sold to low to moderate income homebuyers ("Affordability Period"). This Agreement shall be properly filed and recorded by the City in the Official Public Records of the Pinellas Counry, Florida and shall constitute a restriction upon the use of the property subject to and in accordance with the terms contained herein. IN CONSIDERATION of funds the Ciry has provided to the Borrower for a loan to finance the acquisition of certain lands in the City of Clearwater, Pinellas County, Florida, mare particularly described as: A portion of Lots 1 through 6, Block 3, Revised Plat of Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Recards of Pinellas County, Florida. Together with: A portion of Lots 1 through 8, F.A. Kennedy's Fair Lane Addition, as recorded in Plat Boolc 11, Page 16, of the Public Records of Pinellas Counry, Florida. Being more particularly described as follows: Commencing at the North 1/4 corner of said Section l5, Township 29 South, Range 15 East; thence run S.89° 18'S6"E. along the North boundary of said Section 15, a distance of 1,093.85 feet; thence run S.00° 15'S3"W., a distance of 3].80 feet to the Northeast corner of Kellet's Subdivision, as recorded in Plat Book ] 1, Page 24, of the Public Recards of Pinellas County, Florida; then run S.89° OS'28'B., a distance of 40.00 feet to the Northwest corner of F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book l l, Page 16, of the Public Records of Pinellas County, Florida, said point also being the point of beginning; thence run S.89° 21'09'B. along the North boundaries of said F.A. Kennedy's Fair Lane Addition and Revised Plat of Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of Pinellas County, Florida, a distance of 3] 0.07 feet to the Northeast corner of Block 3, said Revised Plat of Brookwood Terrace; thence run S.00° 00'19"W. along the East boundary of said Block 3, Revised Plat of Brookwood Terrace, a distance of 310.02 feet to the Southeast corner of Lot 6, of said Block 3, revised Plat of Broolcwood Terrace; thence run N.89° 22'14"W. along the Southerly boundary of said Lot 6 and its Westerly extension, a distance of 311.44 feet to a point on the westerly boundary of F.A. Kennedy's Addition; thence run N.00° 15'26"E. along the West boundary of F.A. Kennedy's Fair Lane Addition, a distance of 310.10 feet to the point of beginning, the Borrower acknowledges that this Agreement is necessary to comply with the affordability requirements of the Communiry Development Block Grant ("CDBG") program as stated at 24 Item # 10 -2- Attachment number 1 \nPage 3 CFR part 570, specifically, CDBG program criteria for national objectives as stated in 24 CFR §570.208, from which funds were obtained to finance such loan, and subpart B of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, §24.101, and therefore, borrower covenants and agrees that in connection with the acquisition and development of the project, that the Ciry should approve any transfer or sale of the subject property and borrower will comply, and will require any subsequent purchaser of the project to comply, with the following: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Covenants and Restrictions on Use of Funds. CDBG funds provided to this project have been used for acquisition of the real property. The Borrower agrees that at least fifry-one percent (5 ]%) of the units developed will be made available and reseroed for sale to low to moderate- income families. During the Period of Affardability as defined herein, the single family CDBG assisted unit (S l% of the units) shall be sold to a family whose annual income does not exceed 80 percent of the median family income for the area, as determined and made available by the Department of Housing and Urban Development with adjustments for smaller and larger families at the time of purchase of the new home. The home must be the principal residence of the family. (a) The income of the persons or family who will occupy the unit shall be verified by the City or a designated non-profit party agreed to by the Borrower and the City, by obtaining third party verification of current income for the family who will occupy the housing unit and verification of assets. Source documentation evidencing annual income may include wage statements, interest statements, and unemployment compensation statements, other documentation approved by the City. In the event that neither of the above methods is suitable, the Borrower may use other methods acceptable to the City to verify income. Annual income for the purpose of this Item # 10 -3- Attachment number 1 \nPage 4 Agreement shall be as defined by the Department of Housing and Urban Development for the CDBG Program. (b) The value of the CDBG assisted unit shall not exceed 95 percent of the median purchase price for that type of single family housing for the area. The maximum per unit subsidy amount shall not exceed the per dollar limits established under section 221 (d) (3) and (4) of the National Housing Act, as applicable. (c) The family or individuals purchasing the single-family CDBG unit shall hold fee simple title to the property. (d) For the purpose of this Agreement, the Period of Affordabiliry shall be a period beginning on the date of this agreement and terminating when fifty-one percent (5 ]%) of the units are sold with the 16`�' homebuyer closing on the loan to purchase the unit, taking fee simple title to the property. (e) During the Period of Affordabiliry, the single family CDBG assisted units (16 units) must be occupied by a low-income CDBG homebuyer. (� All proceeds, program income and recaptured funds associated with this project shall be returned to the City of Clearwater within 30 days. (g) Any noncompliance with the requirement of this Section shall be corrected within 30 days after such error is first discovered or would have been discovered by the exercise of reasonable diligence. 3. Property Standards: The single family unit shall meet and maintain all applicable local codes, the Florida Building Code, ordinances, including but not limited to, zoning ordinances at the time of project completion. All CDBG units must meet all applicable State and local housing quality standards, code requirements and accessibility requirements at 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of ] 973 and covered multifamily dwellings as defined at 24 CFR 100.20, and must also meet the design and renovation requirements at 24 CFR Item # 10 -4- Attachment number 1 \nPage 5 100.205, which implement the Fair Housing Act. Development of the units must meet the Model Energy Code. 4. Location of CDBG Assisted Units. The location of the CDBG assisted project is as follows: A portion of Lots 1 through 6, Block 3, Revised Plat of Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of Pinellas County, Florida. Together with: A portion of Lots 1 through 8, F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 11, Page 16, of the Public Records of Pinellas Counry, Florida. Being more particularly described as follows: Commencing at the North 1/4 corner of said Section 15, Township 29 South, Range 15 East; thence run S.89° 18'S6"E. along the North boundary of said Section 15, a distance of 1,093.85 feet; thence run S.00° 15'S3"W., a distance of 31.80 feet to the Northeast corner of Kellet's Subdivision, as recorded in Plat Book 11, Page 24, of the Public Records of Pinellas County, Florida; then run S.89° OS'28"E., a distance of 40.00 feet to the Northwest corner of F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 1 l, Page 16, of the Public Records of Pinellas County, Florida, said point also being the point of beginning; thence run S.89° 21'09"E. along the North boundaries of said F.A. Kennedy's Fair Lane Addition and Revised Plat of Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of Pinellas County, Florida, a distance of 310.07 feet to the Northeast corner of Block 3, said Revised Plat of Brookwood Terrace; thence run S.00° 00'19"W. along the East boundary of said Block 3, Revised Plat of Brookwood Terrace, a distance of 310.02 feet to the Southeast corner of Lot 6, of said Block 3, revised Plat of Broolcwood Terrace; thence run N.89° 22'14"W. along the Southerly boundary of said Lot 6 and its Westerly extension, a distance of 31 l.44 feet to a point on the westerly boundary of F.A. Kennedy's Addition; thence run N.00° ] 5'26"E. along the West boundary of F.A. Kennedy's Fair Lane Addition, a distance of 310.01 feet to the point of beginning. The Borrower agrees that there will be no material changes to the design of the project after initial commitment by the City without assurances provided by Borrower and approved by City that the proposed changes will not adversely affect the CDBG assisted units or any provision of this Agreement. 5. No Discrimination. The Borrower shall not discriminate, as defined by Federal Statutes, on the basis of race, creed, color, sex, age or national origin in the use or occupancy of the CDBG Item # 10 -s- Attachment number 1 \nPage 6 assisted units ar in connection with the employment or application for employment of persons for the operation and management of the project. 6. Affirmative Marketing Efforts. The Borrower will follow the affirmative marketing procedures and requirements for the CDBG Program to attract eligible CDBG buyers in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. 7. Environmental Reviews. The acquisition development project must be assessed for environmental effects in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. 8. Displacement, relocation and acquisition. The Borrower will take reasonable measures to minimize displacement of persons as a result of a project being assisted with CDBG funds in accordance with the requirements of the Uniform Relocation Assistance and Real Properties Acquisition Act. The borrower shall be responsible for any relocation expenses incurred without City approval. Lead Based Paint. The Borrower shall be responsible for maintaining that all CDBG assisted units meet the requirements listed in the Lead Based Paint Poisoning Prevention Act and 24 CFR part 35. 10. No Conflicts with Other pocuments. The Borrower warrants that it has not, and will not, eXecute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. Item # 10 -6- Attachment number 1 \nPage 7 ll. Requests for disbursemenY of funds. The Borrower shall request funding for the CDBG assisted project from the City of Clearwater on an as needed basis and in accordance with its application and approval for such funds. 12. Records. The Borrower shall retain all records pertaining to Project for a period of five years after audit and/or resolution of audit findings involving this loan. The Borrower shall maintain accurate information regarding the occupancy for each CDBG unit during the term of the Affordabiliry Period and, at the request of the Ciry, shall submit this information to the City for the City's review and comment. The Borrower shall maintain documentation substantiating compliance with Affirmative Marketing Requirements. These Project records shall be made available to The City of Clearwater, U.S. Department of Housing and Urban Development and/or representatives of the Comptroller General of the United States far audit, inspection or copying purposes during normal business hours. The Owner shall maintain project records that include the following: (1) A full description of each unit assisted with CDBG funds, including the location and form of CDBG assistance. (2) The source and application of funds for each project, including supporting documentation in accordance with 24 CFR 85.20. (3) Records demonstrating that each project meets the property standards of the lead based paint requirements. (4) Records demonstrating that each family is income eligible. (5) Records demonstrating that the purchase price or estimated value after rehabilitation for each CDBG ownership housing project does not exceed 95% of the median purchase price for the area. (6) Records demonstrating that each CDBG ownership project meets the affordability requirements. Item # 10 -�- Attachment number 1 \nPage 8 (7) Records documenting required inspections, monitoring reviews and audit, and the resolution of any findings or concerns (8) Records documenting equal opportunity and fair housing records. (9) Records documenting all CDBG related financial activities. (10) Records documenting affirmative marketing and MBE/WBE activities. 13. Monitoring. The Borrower shall permit the City or its designee to inspect all records pertaining to CDBG assisted units upon reasonable notice and within normal working hours and shall submit to the City such documentation as required by the City to document compliance with this Agreement and CDBG Program rules. If the project is new construction, the Borrower shall provide the required documentation quarterly, until all CDBG units are sold. 14. Successors Bound. This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the Barrower and its successors and assigns and all subsequent owners of the project or any interest therein, and to the City for the Period of Affordabiliry set forth in this Agreement. l5. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by the City for the Period of Affordabiliry, whether or not the City shall continue to be the holder of the Mortgage, whether or not the project loan inay be paid in full, and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. 16. Conflict of Interest. The Borrower warrants that no person covered who exercises or exercised any functions or responsibilities with respect to CDBG activities or who is in the position to participate in decisions or gain inside information may obtain a financial interest or beneft from a CDBG activity; or have an interest in any contract, subcontract or agreement for themselves or for persons with business or family ties. Item # 10 -s- Attachment number 1 \nPage 9 17. Conditions of Religious Organizations. CDBG funds may not be used for rehabilitation or construction of housing that is owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. 18. Uniform Administrative Requirements. If the owner of the CDBG assisted project is a not- for-profit organization, the owner agrees to comply with applicable federal administrative requirements of OMB Circular A-87 and applicable provisions of 24 CFR 85 for government entities, ar OMB Circular A-122 and applicable provisions of 24 CFR Part 84 for non-profit entities. ]9. Severability. The invalidity of any clause, part or provision of this Agreement shall not affect the validiry of the remaining portion thereof. 20. Defaults and Remedies. If the Borrower shall fail to observe or perform any covenant, condition or agreement contained herein on its part to be observed or performed, then and in such event, the City shall be entitled, in addition to all other remedies provided by law or in equity: (a) To compel specific performance by the Borrower of its obligations under this Agreement, it being recognized that the beneficiaries of Borrower obligations hereunder cannot be adequately compensated by monetary damages in the event of Borrower's default. (b) To cause the Borrower to pay to the City an amount equal to all CDBG funds loaned to Boreower less any principal balance previously repaid by Borrower or the transfer of real property acquired with CDBG assistance, if any CDBG assisted unit is knowingly or negligently sold to persons who do not comply with the requirements for such unit. (c) In addition, to these remedies, a default by the Borrower hereunder shall constitute a default under the Martgage and Note which will enable the City thereunder, after notice and an opportunity to cure as therein provided, to accelerate the Borrower's loan and take such other actions as may be permitted under the terms of the Mortgage. Item # 10 -9- Attachment number 1 \nPage 1� In Witness Whereof Signed, Sealed and Delivered in the presence of: *Note: Two witnesses are required Please type or write names underneath signatures SP Country Club Homes, LLC By: SP Country Club Homes, LLC — a limited liability corporation By: Managing Member Witness Witness City of Clearwater, Florida William B. Horne, II City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Item # 10 -�o- City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Meeting Date:4/5/2012 Appoint Gregory Newland as the fifth Trustee, replacing David Hogan, to finish a four—year term endingDecember 31, 2014 on the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) SUMMARY: Mr. David Hogan requested to step down from his seat on the Supplemental Trust Fund. Mr. Newland has indicated his willingness to serve the remainder of the four—year term. The other fourmembers of the Board of Trustees selected Greg Newland to be appointed as the fifth meinber in accordance with Sec. 175.061 of the Florida State Statutes. The Clearwater Fire6ghters' 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 appointtnent. The Board of Trustees is solely responsible for administration of the trust fund. It is recommended that the City Council, as a ministerial duty, affirm Greg Newland as a trustee to the seat for the period of January l, 2011 through December 31, 2014. Review Approval: Cover Memo Item # 11 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Approve a Purchase Order (contract) in the amount of $1,640,300; award bid 10-12 to Flarida Gas and Electric Corporation for the replacement of antiquated gas mains and service lines far the period of April 1, 2012 to March 31, 2013, and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas and Electric Corporation (FGE), located at 8011 Land O' Lakes Blvd, Land O' Lakes, FL, was the lower of two (2) bidders on Bid 10-12, with an actual bid amount of$1,640,300. This bid is separate from the existing two (2) gas mains and service line extension contracts currently held by Mastec North America and Florida Gas and Electric. Under this agreement, the contractor will replace approximately 12 miles of antiquated gas mains, to include all associated service line, gas meter and piping connections at each customer location. The term antiquated represents all uncoated steel gas mains and service lines, to include cast iron, that are currently serving customers within the Clearwater Gas System service territory. These materials were installed between the period of 1923 (start of the gas system) and 1970. In total, the amount of antiquated mains to be replaced is approximately sixty (60) miles. Most of these mains and service lines are located in highly congested areas within Clearwater, Belleair and Dunedin. This replacement project is estimated to take five (5) years to complete. Therefore, additional bids will be conducted to complete the entire scope of the project. Funds are available in 315-96377 Pinellas New Mainsand Service Lines and the Clearwater Gas System budget to support these requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-96377 Bid Required?: Other Bid / Contract: Review Approval: 1,640,300 1,640,300 4/1/2012 to 3/31/2013 Amount 1,640,300 Yes Budget Adjustment: Annual Operating Cost: Total Cost: None 1,640,300 1,640,300 Appropriation Comment Pinellas New Mains and Service Lines Bid Number: Bid Exceptions: 10-12 None Cover Memo Item # 12 Attachment number 1 \nPage 1 C�e�rw� ��r Gas S s�em Y CONTRACT DOCUMENTS FOR Clearwater Gas System Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations Bid Number: 10-12 Bid Date: February 17, 2012 Bid Time: 11:OOAM Prepared by: Mike Deegan & Brian Langille Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33758 Item # 12 TABLE OF CONTENTS SECTION 00020 INVITATION TO BID SECT/ON 00100 Attachment number 1 \nPage 2 1 1 � INSTRUCTIONS TO BIDDERS 2 00100.01 QUALIFICATIONS OF BIDDERS 2 00100.02 BIDDER'S RESPONSIBILITY 2 00100.03 SITE CONDITIONS 3 00100.04 OMISSIONS AND DISCREPANCIES 3 00100.05 BID ITEMS AND ESTIMATED QUANTITIES 3 00100.06 APPROVED MATERIALS AND EQUIPMENT 4 00100.07 SAMPLE OF MATERIALS 4 00100.08 PROPOSAL FORM 4 00100.09 WITHDRAWAL OF PROPOSALS 5 00100.10 BID SECURITY 5 00100.11 OPENING OF PROPOSALS 5 00100.12 METHOD OF AWARD 5 00100.13 EXECUTION OF CONTRACT 6 00100.14 TIME OF COMPLETION 6 00100.15 LIQUIDATED DAMAGES 6 00100.16 EXTENSIONS OF TIME 7 00100.17 CERTIFICATE OF INSURANCE 7 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES 7 00100.19 EXISTING MATERIALS AND EQUIPMENT 7 00100.20 QUALIFICATIONS OF BIDDERS 7 00100.21 STANDARDS 8 SECTION 00140 SUMMARY OF INFORMATION TO BIDDERS 00140.01 - OBTAINING PLANS AND SPECIFICATIONS 00140.02 - OWNER 00140.03 - CONTRACT 00140.04 - BID SECURITY 00140.05 - TIME OF COMPLETION 00140.06 - INSURANCE REQUIREMENTS 00140.07 - SCOPE OF WORK SECTION 00310 PROPOSAL SECT/ON 00320 BID TABULATION SUMMARY SECTION 00330 FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT SECTION 00340 C 9 9 _9 _9 _9 _9 _9 11 12 12 21 21 22 22 23 Item # 12 PUBLIC ENTITY CRIMES STATEMENT_ SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND SECT/ON 00510 AGREEMENT SECTION 00520 CONTRACTOR'S AFFIDAVIT SECTION 00530 CONTRACTOR'S RELEASE SECTION 00540 STATEMENT OF SURETY COMPANY F 9 x�' � C�1 ►� [�I � I: f�[� � PERFORMANCE - PAYMENT BOND SECTION 00620 Attachment number 1 \nPage 3 23 26 26 27 27 30 30 31 31 32 32 ��3 33 35 CERTIFICATE OF INSURANCE 35 SECTION 00700 36 GENERAL CONDITIONS 36 00700.01 DEFINITIONS 36 00700.02 EXTENT OF CONTRACT 37 00700.03 OBLIGATIONS OF CONTRACTOR 37 00700.04 SUBCONTRACTS 38 00700.05 SEPARATE CONTRACTS 38 00700.06 BONDS 38 00700.07 ADDITIONAL OR SUBSTITUTE BOND 39 00700.08 INSURANCE 39 00700.09 PROOF OF INSURANCE 40 00700.10 ACCIDENTS AND CLAIMS 40 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS 41 00700.12 CONTRACTOR'S LIABILITY 41 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT 41 00700.14 PATENT RIGHTS 42 00700.15 PERMITS AND LICENSES 42 00700.16 LAWS AND REGULATIONS 43 00700.17 DIMENSIONS AND ELEVATIONS 43 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS 43 00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS 44 00700.20 WORKING SCHEDULES AND PROGRESS CHARTS 44 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR 45 00700.22 SERVING NOTICE 46 00700.23 AUTHORITY OF ENGINEER 46 00700.24 OBSERVATION OF THE WORK 46 00700.25 EXAMINATION OF THE WORK 47 Item # 12 00700.26 00700.28 00700.29 00700.30 00700.31 00700.32 00700.33 00700.34 00700.35 00700.36 00700.37 00700.38 00700.39 00700.40 00700.41 00700.42 00700.43 00700.44 00700.45 00700.46 00700.47 00700.48 00700.49 00700.50 Attachment number 1 \nPage 4 PROTECTION OF WORK AND PROPERTY 48 THE OWNER'S RIGHT TO DO WORK 49 ALTERATION OF PLANS 50 UNAUTHORIZED WORK 50 CLAIMS FOR EXTRA COST 50 CHANGES IN THE WORK 50 EXTRA WORK/INCREASED COMPENSATION 51 SUSPENSION OF WORK 51 DEFECTIVE WORK OR MATERIALS 52 ABANDONMENT OF WORK 52 FORFEITURE OF CONTRACT 53 THE OWNER'S RIGHT TO TERMINATE CONTRACT 53 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 54 NO WAIVER OF CONTRACT 54 NO ESTOPPEL 54 TIME FOR COMPLETION 54 COMPLETION OF WORK DEFINED 54 DELAYS AND EXTENSIONS OF TIME 55 LIQUIDATED DAMAGES 55 PRICES 55 PARTIAL ESTIMATES AND PAYMENTS 56 PAYMENTS WITHHELD 56 LIENS AND FINAL PAYMENTS 57 FINAL APPROVAL AND ACCEPTANCE OF THE WORK 57 SECTION 00800 60 SUPPLEMENTARY CONDITIONS 60 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL 60 00800.02 MATERIALS SUPPLIED BY THE OWNER 60 00800.03 PERMITS 60 00800.04 JOINING OF PLASTIC PIPE 60 SECTION 00900 ADDENDA SECTION 01000 GENERAL REQUIREMENTS 01000.01 TRAFFIC CONTROL 01000.02 MATERIALS, EQUIPMENT AND LABOR 01000.03 PROGRESS PHOTOGRAPHS 01000.04 STANDARDS 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY 01000.06 UTILITIES 01000.07 SAFETY AND HEALTH REGULATIONS 01000.08 USE OF CHEMICALS 01000.09 BY-PASSING OF SEWAGE 01000.10 DEWATERING AND SEWAGE PUMPS 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING 01000.12 TESTS 01000.13 WATER AND ELECTRIC POWER 01000.14 MONUMENTS AND LANDMARKS 01000.15 DETOURS 62 62 63 63 63 63 64 64 64 65 65 65 66 66 66 66 67 67 67 Item # 12 01000.16 EXISTING UTILITIES 01000.17 SANITARY MEASURES 01000.18 CLEANING UP 01000.19 FAILURE TO CLEAN UP 01000.20 RESTORATION OF SURFACE 01000.21 PROJECT RECORD DRAWINGS (AS- BUILTS) SECTION 02005 MOBILIZATION SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT SECTION 02685 NATURAL GAS PIPELINE INSTALLATIONS SECTION 02696 DIRECTIONAL DRILL UTILITY PLACEMENT SECTION 02935 SODDING Attachment number 1 \nPage 5 68 68 68 69 69 69 70 70 71 71 81 81 86 _ 86 101 101 107 107 Item # 12 Attachment number 1 \nPage 6 SECTION 00020 INVITATION TO BID Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until February 17, 2012 at 11:OOAM, at which time and place they will be publicly opened and read aloud in the Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing all necessary labor, materials, incidental items, and equipment for the City of Clearwater (cVb/a Clearwater Gas System): Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations. Specifications and Contract Documents may be obtained from the Ciry of Clearwater, Florida 33756, at no charge and are available on-line @ www.mvclearwater.com under the "Services" link at the top, or go directly to the following link to view all active bids: http://www.m_yclearwater.com/a�s20/city_proj ects/invitationtobid. aspx Questions regarding this bid should be directed to Brian Langille, Operations Manager - (727) 562-4911. Sealed bids must be submitted on proposal forms as provided (or exact copies thereof� marked, Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations, for the City of Clearwater, Florida. All proposals must be accompanied by a certified check, bank draft, or bid bond in the amount of ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten (10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater for the services proposed to be performed and will at that time furnish performance and payment bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the contract. Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for a period of ninety (90) days after the date of the opening of bids. Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge. The City of Clearwater reserves the right to waive any informalities or to accept or reject any or all bids in part or in total and award the contract in the best interest of the City. : Date: 1 Item # 12 Attachment number 1 \nPage 7 SECTION 00100 INSTRUCTIONS TO BIDDERS 00100.01 QUALIFICATIONS OF BIDDERS Bidders shall have successfully completed two (2) contracts for similar replacement work in an amount not less than one hundred per centum (100%) of the amount of the proposa] contract during the past three years. Bidders shall have received Contract Documents from the Engineer. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the wark, and the bidder shall furnish to the Owner any additional information and financial data for this purpose as the Owner may require. The data shall include a detailed and up-to-date list of equipment the bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program of the work he proposes to follow. If such an investigation fails to satisfy the Engineer or Owner that the bidder is properly qualified to complete the work described in the drawings and specifications or to meet the financial obligations of such a contract, the bid may be rejected. In the event the bidder fails, refuses, or neglects to submit the requested additional information within ten (10) days of the date of any request for submission, the bidder's proposal guarantee shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages. 00100.02 BIDDER'S RESPONSIBILITY Each bidder shall familiarize himself with all the attached forms, Instructions, General Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself with conditions affecting the work, all utilities in existence to which connections are to be made, all other reguirements of the contract, and obtain all information necessary for completion of the work on or before the date specified. Each bidder shall also make himself familiar with all Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner affect the work, those engaged or employed in the work, or the materials or equipment used in or upon the work. If the bidder or Contractor shall discover any provision in the plan, specification, or other contract documents which is contrary to, or inconsistent with, any such law, ordinance, rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall not at any time after the execution of his contract set up any claims whatever based upon insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under the contract, and he shall assume all risks resulting from any changes in the conditions which may occur during the progress of this work. 2 Item # 12 Attachment number 1 \nPage 8 00100.03 SITE CONDITIONS Any information on site or soil conditions made available to the prospective bidders through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil or groundwater conditions at the job site, be accepted as a basis in any claim for extra compensation. 00100.04 OMISSIONS AND DISCREPANCIES Should a bidder find discrepancies in, or omissions from the drawings or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer. All notice of omissions or discrepancies or request for clarification must be farwarded to the Engineer in writing not less than six (6) days before the advertised date of the opening of bids. Such clarification and corrections as are necessary will be issued in the form of an Addendum to the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the Owner will be responsible for any other explanation or clarification of the Contract Documents. 00100.05 BID ITEMS AND ESTIMATED QUANTITIES The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work speciiied to be done under that item. All work herein specified or implied in any way in the drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. 3 Item # 12 Attachment number 1 \nPage 9 00100.06 APPROVED MATERIALS AND EQUIPMENT Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the materials or articles so named, and that the Contractor's proposal, if accepted, wil] constitute a contractual obligation to furnish the standard named materials or articles and no other. To assist the Engineer in making an adequate evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed information and data on the items he proposes to furnish as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identiiication, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate material, article or piece of equipment shall not be purchased or installed by the Contractor without the Engineer's written approval. Any revisions to the Drawings as a result of alternate equipment shall be at the expense of the Contractor. 00100.07 SAMPLE OF MATERIALS Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and conformity to the plans and specifications. 00100.08 PROPOSAL FORM All bids must be submitted on photocopies of the proposal form bound within these specifications. No proposal will be considered which is submitted otherwise than on the prepared proposal form and in the designated manner. The blank spaces in the proposal shall be filled in correctly where indicated for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated, and the total amount for all the parts included in any or all of the combinations of the work. In case of discrepancy, the written words or "Unit Price", where stated, shall be considered as being the bid price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in addition to his signature his post office address must be shown; if made by a firm or partnership, the post office address of each member of the iirm or partnership; if made by a corporation, the person signing the proposal must be President or Vice-President of the corporation. No proposal will be considered which is not based upon the complete plans and specifications, ar which contains any qualifying letter or written memorandum not permitted in these specifications, or which is not properly made out and signed in writing by the bidder. The proposal shall be submitted in a sealed envelope bearing the name of the Contractor and describing the project for which the proposal is being submitted. Proposals will be accepted by registered mail, and then only if the proposal is enclosed in another sealed envelope contained within the mailing envelope and is delivered to the Owner prior to the time established for opening bids. 4 Item # 12 Attachment number 1 \nPage 1� 00100.09 WITHDRAWAL OF PROPOSALS Bidders will be given permission to withdraw any proposal after it has been received by the Owner, provided the bidder, or his agent duly authorized to act for him, personally appears befare the Owner with a written request prior to the time set for the opening of bids. At the time set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder. 00100.10 BID SECURITY Each proposal must be accompanied by the bidder's bid bond or certified check made payable to the Owner in the amount speciiied in the proposal form, which sum will serve as bid security and will be forfeited to the Owner as liquidated damages in the event an award is made and the contract and bonds are not promptly and properly executed as required in the specifications. All certified checks, except those accompanying the two lowest bids, will be returned by certified mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the signing of the con�ract be deferred far a period exceeding two (2) weeks, and the second low bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will be returned within three (3) days after the Owner and the successful bidder have executed the contract. In the event no contract award is made within the time ]imit specified, each certified check or bid bond will be returned upon the demand of the bidder. 00100.11 OPENING OF PROPOSALS All proposals will be publicly opened and read, on the date, at the place and commencing at the time stated in the advertisement. Bidders or their authorized agents should be present. The Owner reserves the right to reject any or all bids or parts thereo£ Proposals may be rejected if they show any omissions, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. Proposals in which the prices are unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve his interests. 00100.12 METHOD OF AWARD Bids will be compared on the basis of the total costs of estimated quantities established in the proposal form, constructed at the unit or lump sum prices bid for the various items listed. The contract will be awarded to that responsible bidder whose proposal totals the lowest number of dollars for a complete installation. s Item # 12 Attachment number 1 \nPage 1 The successful bidder will be officially notified in writing by the Owner of the acceptance of his proposal and award of contract. This notiiication will be made within the time limit set up in the contract documents. 00100.13 EXECUTION OF CONTRACT The bidder to whom the contract is awarded must, within ten (10) calendar days following Notice of Award, present himself to the place designated in the official Notice of Acceptance, for signing of the contract, and to substitute for the bid security, a surety performance and payment bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the execution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida. If the lowest responsible bidder to whom the contract is awarded fails to give bonds or execute the contract within the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a penalty but as liquidated damages. 00100.14 TIME OF COMPLETION The successful Contractor shall commence work under his contract on a date to be specified in a written order from the Owner or his authorized representative, which order will also establish the completion date in accordance with the total number of consecutive calendar days established as a working period in the proposal. The Contractor shall have at least two (2) weelcs notice of this commencement date and shall fully complete the work described in these plans and specifications on, or prior to, the completion date. If the Contractor fails to commence work within seven (7) days of the announcement of the official starting date, this shall be just cause for the annulment of the contract. 00100.15 LIQUIDATED DAMAGES Should the Contractor fail to complete his work on or before the expiration of the date set for completion or as provided in the Contract Documents covering extension of time, then the Owner may retain as liquidated damages the amount established in the proposal form, which amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated and the sum is not to be construed as in any sense a penalty. 6 Item # 12 Attachment number 1 \nPage 1 00100.16 EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his employees, or by any other contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No such extensions of time shall be deemed a waiver by the Owner of its right to terminate the contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The Owner shall determine the number of calendar days, if any, that the Contractor is in default in completing the work to be done under this contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the contract. 00100.17 CERTIFICATE OF INSURANCE The successful bidder shall submit certificates or other documentary evidence to the Owner for approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of Information to Bidders." 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet and schedule of prices of the proposed construction work. Until the Owner approves the breakdown, the Owner will not be obligated to make any payments to the bidder. 00100.19 EXISTING MATERIALS AND EQUIPMENT All existing materials and equipment not specified for the complete construction of the project, or shown on the plans to be retained or reused, shall remain the property of the Owner and shall be placed on the project site as the Owner may direct. 00100.20 QUALIFICATIONS OF BIDDERS In addition to qualifications previously set forth in these specifications, no bid will be considered unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal far this construction in accordance with all applicable laws of the Municipality, County, and the State of Florida. � Item # 12 Attachment number 1 \nPage 1 00100.21 STANDARDS This project shall be completed in accordance with these specifications unless noted or otherwise directed by the Owner or his authorized representative. The decision of the Owner in interpreting these specifications shall be final. Item # 12 Attachment number 1 \nPage 1� SECTION 00140 SUMMARY OF INFORMATION TO BIDDERS 00140.01 - OBTAINING PLANS AND SPECIFICATIONS A complete set of bidding documents may be obtained at the office of City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756. Also, these documents may be downloaded off the City of Clearwater website at http://www.m_yclearwater. com/ap�s20/citXproj ects/invitationtobid.aspx 00140.02 - OWNER The Owner for this project is the City of Clearwater (d/b/a Clearwater Gas System), 400 North Myrtle Avenue, Clearwater, Florida 33755 00140.03 - CONTRACT The contract is entitled "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" 00140.04 - BID SECURITY Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid total, made payable to the City of Clearwater. All bids may be held for a period of 60 days after receipt. 00140.05 - TIME OF COMPLETION The time of completion for this contract: 12 months from contract execution 00140.06 - INSURANCE REQUIREMENTS The insurance requirements for this contract include but are not limited to the following: Liability Insurance. The following Liability Insurance shall be provided, paid for, and maintained during the entire contract period: Comprehensive General Liability and Auto Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limit Bodily Injury and Property Damage Liability Insurance. 9 Item # 12 Attachment number 1 \nPage 1 Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida Law. Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the type of business engaged in by the vendor, shall be purchased and maintained by the vendor with minimum limits of $500,000 per occurrence. Additional Insured. The City is to be specifically included as an additional insured on all Liability Insurance coverage described above. Notice of Cancellation or Restriction. All Insurance policies must be endorsed and provided to the City with thirty (30) days notice of cancellation or restriction. Certificates of Insurance/Certified Copies of Policies. The contractor shall provide the City with a certificate or certificates of insurance showing the existence of the coverage described above. The contractor shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by the City in writing, the contractor will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, or obtained from other insurers. The certified copies will be provided to: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 34618-4748 The contractor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this contract, or a subsequent purchase order entered into by the City and the contractor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely responsible for complying with the terms of this contract or purchase order. In addition, the contractor shall, at its expense, secure and provide to the City, when requested all insurance coverage in this contract. Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any contractor, bidder or provider of services and/or products to the City. Zo Item # 12 Attachment number 1 \nPage 1� 00140.07 - SCOPE OF WORK In general, the replacement worlc will consist of approximately sixty (60) miles of antiquated gas mains located within iive (5) distinct geographic areas, which are defined below and shown in more detail in Appendix A. The term "antiquated" represents all uncoated steel gas mains and service lines, to include cast iron, that are currently serving customers within the Clearwater Gas System service territory. The bidder who is awarded the annual contract wi11 perform replacement work schedule in the order listed below: 1. WEST (12 miles) — Downtown Clearwater 2. GATEWAY (10.4 miles) — Entrance to downtown Clearwater 3. EAST (10.5 miles) — Eastern most sections of Clearwater 4. NORTH (13.7 miles) — All areas located north of Clearwater 5. BELLEAIR (12.4 miles) — Generally located within the Town of Belleair The bidder is expected to replace approximately 12 miles of gas mains per year, which includes all associated service line, gas meter and piping connections at each customer location. However, if bidder projects to complete more than the minimum replacement footage (mileage), their unit price bid should reflect such costs for the projected mileage and not the minimum requirement. The work to be performed under this contract shall consist of the furnishing of all labor and equipment necessary to satisfactorily complete the City of Clearwater: "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations", including written logs, as- built drawing of gas main and gas service line piping installations and provide all meter/customer piping connections and required Integrity testing of customer's piping and reestablishment of gas service in accardance with these plans and specifications. All workmanship shall be fully guaranteed for a period of one year after date of acceptance by the Owner. All Testin� shall be paid bv the Contractor. All Professional Surveving and iob stake out including placement elevations shall be paid bY the Contractor. 11 Item # 12 SECTION 00310 PROPOSAL TO: City of Clearwater Attachment number 1 \nPage 1 The following proposal is submitted in accordance with your advertisement inviting proposals to be received until Februarv 17, 2012 for the construction of "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" Having carefully examined the contract documents together with all addenda or bulletins and being familiar with the various conditions of the work, the undersigned herein agrees to furnish all materials required and to perform all labor necessary to satisfactorily construct the "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" in accordance with the plans and specifications for the unit prices stated herein. Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten percent (10%) of the bid total drawn upon the BANK and made payable to the City of Clearwater, to serve as bid security. The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made in the interest or in behalf of any person, firm, or corporation not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned Bidder agrees to accept the unit prices as full compensation for work performed. ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during the bidding period, if any: Addendum #1 Dated: Addendum #2 Dated: Addendum #3 Dated: 12 Item # 12 Z � # �a�l l 1 f E::';'�-. " �` i - '� �: �" � i �.�.;�L' ,�.,; _� Cospc�rate Secrc:tnrv r1F�'I t `'fJFP(�[�AT'� SEl-1L. lI� � l:(J?'i7C�F;:trUll 13 ;� a6edu� � aaquanu �uauay�e��y �'�� - � i::i� i3c=.F rc !�•'l� :l✓Y. � - i' -- - E3iddcr'� E3usiness ��m �`� 4 �� ,�� , a � By: i ;� �'� � � � �- Qhffi�er c�r F'rE��ai:1 ,% 1 itle vice President P, 0. B�?�c 2BG f3usiness Address Dade Cit• F'I 33�2� F3us�nes� Citw'IStat�:iLip Code ��—��-aQa� �3usiness Tel�phone �lucnber Z � # �a�l �.1T5' i7f (_ C�.4lf'l4'�i€:CI" Clear�vate� +Gas 5�•St�r�a Constructinn CcrntrE�cc Bas� �'ri+�e: Ttl� ba:�e pr'tc� incluc�es a�l necessar� canstr��tiort, includin� lir��e tie-ir� c�rnnectic�r�s in �rd�:r i�r pr�vid�; � c.ctrn�l�.te Fnain c�r ser��ice lir�e installation re�dy for th� trar�s�aartation r�fnatural ��3s �tcc�rclinr4 t� +�'lear��ater Gas Sy�sierr� �CCiS) standardslc��erati�n an�l �nai«tenance R3a�ual.�it shall ��5ra includes in�taliin� the eomplete �neter se.i and c�annectin� to tlle customer's 1�cruse- pi�it�� t tli� e;xistir�� r offset l�acatiars; int�;rity� testin� of thi cusiQr��er's piping svste►n a�d reesia�rlishrraent c�f ��s sen�ic�; Th� Ci3ntraetc�r sh�11i furnisli alf la�ic�r anc� eq��ipn�ent, r'11I 4as jc�inirag equiprn��t tc� �re used shall �re c�r#ifiiec� l�y �Cl� to be in g��acJ ��{orkin` cc�n�iition and suicabPe fc�r the intenc� pur�ase prior Ec� bc.in=� utilize�i; inciu�iin� alP tpols, and ser�ices, ir��ludin� purgin� nitrc�gen t�as. A�I gas relateci material� ��ill be furnisher� hy CGS, and are applieable tr� strin�ent inventc�r}F c:�mtral. Nlaterial shc�r€a��es ��+�i19 r�q�ir�. �»anetary r�imbursem�nt �o�np�ns�tit�n to CGS. T�e fr��1P��«iri�� prices ;�re far (PE.) �lastic mains and service lin�s r��it� excess fIt�1s� valves. 'They may i��clude instalIatic�n of' F'L• tappin� tees, 3-way t�es an�i ?„ v��eid tees �r smal��r tap,�in+ tees, stc?p cc�ck, riser, ��s mett;r� �ta�w�es, an�i v11ve �io�es, val�� o� concrete rings, fittin�s, tracer ��ire, test statit�ns, line rnark�r, poles, �iarric�de�, bump�� p�les an� all signa�e-maintLnar�c;e rec��ired }��r F�I�(�T sg�citicatic7ns fc�r tt•�ffi4 cc�r�tr«I. AII ciit�h iines an�d kaeli i�c�les nu�st be naa�h�ne cornpa�:cc:tl �o ap�rcayed �ensit}�. F��uired �nvirc?nmentai proteetian, suc.E� as the install�tion �f�silt lenci�� adjacent to i��et lands �nc� placement c�fstrati�� bales or sizniiar approv�ed ctevices at st�rni inlets. Cc�ntra�tor etnplo��c�s �n�i their s��bct�nTractor� n�ust rneet the reqt�ir�ments and i�ztcnt c�t if�e Gade ral' Fetieral R��ulatic�ns (CF�'Itj =�9 P�-t 192.�f}1. l9?.8a3. i�?2.805, 1�J'�.8[17 1nd 192.�i14 relatin5 t�� "Operatc�r Quali#rca#ioa" ��th mandatonf knc�«�led�e, skili and ab'sliti�s, ir;�inini= t+a be ecamplete�! br [}ctt�6�r �0, ?�i0�. Th� ec�nir��tr�r rnust state in �vritin� thai t�reir {�peratcar C,�ualiiic:ati�r� pia�� is rn conformance «�ith the ir�tcnc pf Federal 4�perator �u�alificati7n Re�ul�tions and is �t least �,cgual to and 1�,�li�able co �Iearr�ater C'►as Syst�:m's AS:�'IE �3a1(� �iperator Quali�c.��tio�7 �'lan. C7Q anci alI Trainin� Do�um�ntatiQn shail k�e furr�ish�d upari request. T��e Cc�ntractc�r's (�perator Qualitic�ttion F'lan n�ust alsa e�plain fa��° their trz��l�y�ees ha�e the abiiit;�� tc� icf4ntiiy and react to n�tural ��s reiat�t� Abnc�rrnal Qperratin� Conc�itic��s that i��tay l�e �;ncckuntered ��hile ��rorkin� c�n die gas pipelit7e facil�ty. Contractor �.e�pic�yee f�}�erat�ar Qu�ii�caii�rrl. Kra�rw�ed�e, ��:iIl �nd r'��ility re�s�rds e�°iIP be k��t fc�r a S ytar p�ricr+�. F°ailur� tr� pror•i�e pr�of c:�f (]�,�eratar (�leaali�catior� com�Iiance, ane� s�rcessi'ut mai�t+�raanc�: ►vill �lisq�a[iCy t��+e I]!(�{�l:l' �itlPli cUns��l�rat�on f'or fhe award rrf this k�id. "f'rainir�� records shall be made �r�:�ilable tU CG5 f`or auc�itin�. The G��rataactc�r agrees that it has in p�lace, or r��Fil1 intpl�:inent 3 Dru� and Alcohc�l Training anci Testinb Pro�,jr�m for their �:n�ploye�s that c�snply� ��itl� che r�:c�uir�rt7ents �t t}�e �.la7it�c� States D�part�r��;nt �f � r�n4p�rtati�n. ��iC�e 49, Pipeline Safc:ty [�e�ula�ic�ns, i'ar� 199. A cvp,y af the Alcoh�l anci Dru� Testing Prr3gr�� will b4 i�cl��ed in the re��rtse tcr tl�is Re[��est fvr Bitl. `rhe contra�;i4�r da�ilI ��lso turnish �uar�erlg� st�tisti�.a! re�o�-�ts to CC;S ta sho�v ac:tive �ompEian�e. I9 ;� a6edu� � aaquanu �uauay�e��y Z � # �a�l "�U CI7"Y (�F C: LEt�l�V4'ATEft � J _- ._.. -1 � l � ,. t� _ � - � �� _ F�L[�IriLl:t [;;:�5 � El;i�.�--� E l� ��. Fi.C�RIL�.A GtiS c� ELE�TRIC CC�RPC3R�'I'IC3N'S �P�,FtAT�R QL�AI.IFiC":'�TIC3�' PLA�f IS l�i Ct7NF(]t�M A1'�]CE V4'ITi--[ THE iNTEl`+fT UF F`EDE}�AL. (�PEIt�T�R �?U_ALTFI+C,�TiQirl I�CG�]�,ATIQNS AN17 IS E`�T L�AST EC��':�L TC� ,At�1�3 :�PF'L[C'f�I3L.E TU CLE.�4RWAT�R �CrAS SYSTEM'S ASME B31(� C)['E�r"#Tt�R QLIr'�LIT'�C.ATIC)N f'LAIV. %,_ ., ,, � f. � ,a ,� 1 �� SIGi�I[ � � � ' ,' ; �,� . � ��` S - ,I�avsd L. Rualyar}, €ce-i're5i t P. C). 430�; ?�Q . I��le C'it�� r"L a35?G-i�?'��) f7fif�cc: <�1 ,�t-?�}l-,.f1(91t) ■ 'F'�.r-: �Sl;.cycafi�?�)]�? • �-\l�i�: }��ti'ri'f��t�c,1-,.ct�rtt IZ a6edu� � aaquanu �uauay�e��y Z � # �a�l �1$ inch Esi. (�ty, 9,Q00 ft. i u�ch Esi. �t��. 3,��}{} ft. 2 irtch Cst. [�ty. f.�1UU ft. :� inch �st. Qty. ti7,0{lU ft, 4 incP� Est. (�ty. �3,(}f)0 ft. b inch Est. C�tti�. 0 ff. � in�h Est. Qtv. 0 ft. SERVICESI�1' €��TIC 4. 2 S per ft, 4 . 2 5 peT �t. 4 . 5 Q p�r !'t. �,�i iSfPLASTIC 4. 2 5 p�;r fi. 5 . O a p�r �. � - 5 Q per ft. 6 . 5 Q ��r �C. C:1SlltiG PtiSHl11�II5�IT.E 51� inch L:s�t. (�ry, 2,�7(}0 fi- 9.� 0 per ft. 1 in4h Est. Qt;r. l,4UUft. �•�� per ft. 2 in�:i� �sl {�ir�. 7,[}C�(3#"t. 1 D. 0 0 per ft. Qoa-i►zp inclu�ies inse;rti�z� c�f the �arrier pi�e rti�iFi�in t}a� ca�ing, restorafit�n, cle�n�zp. ii�s�lators, �nd se�ls, �r�r� verst perlcs. Fc�r all �t�res. ��nler�t ��ill �ae, fc�r �ctua7 i�istanc.e oFth�: lac�re. not tc� incPude #`�c�ta�e of cn[rancc at�c� exit pit� and instaJlatir�n c�f trac:�r ��ire Qr c:arri�r pipe. 15 ,z a6edu� � aaquanu �uauay�e��y Z � # �a�l �18 in� h Est. i;�tti .�4,0(}[! f#, 1 irzci, �st. f,,?t,y. 2,(}f}U ft. � inch Est. (�t��. ?�,Of�Q ft. �# incF� Est. Qty. �,Q00 ft. G 'rr�ch Est. (�ty. U ft. � ffli.j7 �St. ��1". ?�(� ft. 12 inch Est. �t��. [l Ft. 1)II�I'C"�'I()Nr�L �3(�N.E li.o0 perii. 1]� . 0 0 per ft. i i. Q U per i't. �4 . o a �er ft. � � . (} D p�r ft. 1 i Q � per �, 3 5. 0 U p2r f1. �TFEL-'��'ELU. MECEL'tiICAL � P� Tt1PPT]'+iG TE�S ? in�h W'illiain�on �st. �,�t�,�. 75 518 ��eld Puncti Tees Est. Qt�'. 5� 31�3 �h�elc� Punc.h Tees Est. C7ty l(� 5 b . ❑ � �a�.h 50. QC] �a�:h 7 5. D Q eac1� i We�d Punc3� -Te�s Lsf. Qty. 5U 3 5. D 0 �aLh iViec.f�anrcal or PE I� used S�rvi�e T�� Fst, {�h . I,1�IU � �. D O each �sadc�le c1E��»�, sa�c�le t�e, PE tee, �nd ��•rap arc�u«c#j �IT� P�LPAFtATI�D'4� A1I} Rk;ST�R.4TI0i'rI �'�i�'R�1 I7EP'1"H DITCH Will be �aid �Wh�a� �:o��er excee�s 36' arrci requi�-eci b�� statL, �s�u��t1+, cit��, �c.�nstructi��n reqt�irern�nts. ar af rer�uest c�f CGS. i7,. to ��" dept�� 4. 5� extr� d��t�3 p�r �i. 1� ;Z a6edu� � aaquanu �uauay�el]`d Z � # �a�l lc�.. Ci� t�r;�'� ;;L€�tfl 61 " C� 7�'' c�epth _ �; n �ttr�r d�:�tf't F,�t� lt. �. 5 a e�lra dept� pea- ft. �T%IF.,R PAY I`�"�:?'VIS M�ter Prc�tcctian �;st. f�ty. 7� 25 . 00 per �nit pole {Bur�per ,�a�es, ��r 4 inc;h pi�e, i f1t apart �nd 3 ft de�P) Densiiy, ifrequiretl, includes testing _ 4. 00 per sq. fi. Shorin�T, i��r�q�airec� ar�d apprc�ved L�;�° CGS 15 .� 0 per f�. Installatia�� :�t'ti�e�l ��int header ��pe i7 . pp p,�� r. Weli pnint runnin�; kime 45 p, u U per ci�y 50B Sod n��c�rial ti��ill E�e su�rplieci. pia��d. ��atered ar�cl n�aint�ined tQr thre� �v�eks �y Cc�i�tractc�r and accept��le tc� tlzs: fLi`�}�t i�f�'tih�ay authority. 13at�i�'Fli�rnt3n Est. C3t}�. BU,U�7(1 sy. ft. . 6� p�r sq. ft. MetLr � Re;�ulatdF E�l. Qty. MF,'1sER SF,T � ,70U 5 0 , � � �ac:h SURF�►+LE �EST�RATI@I'�1 Cut. i�emo��e, and replace. 1�'lat�rial prcrvided �ry Cc�ntractt�r Asphalt Est. t�ty 3U,UOU sq. fc. �, 5� per i�ch thick Lianerf7ck �st. Qty. 3,Oap s�{. f�. . 2S per inch thi�:k. �:c�ncrete �st. �lty'- B,fJQO sq. ft. 9. f10 per sq. ft. �� ;Z a6edu� � aaquanu �uauay�el]`d Z � # �a�l 'y f��:i d E; �t. t )t � . I ,il{�0 sc� f`!. __ . � �;; E�er ,tl. � i. Bri�k remo�� Est. [�.�tr�•. 1,i100 sq. t't. . 75 �Ser sq. �[. Bri�l: replacement Est. C,�t��. i,[31�U sq. ft. . 7S �er sq. ft. S�.ed and rr�ul�_h rsi. Qt}. 1�1,Oi)0 sq. ft. . 25 per �c�. ft. i inch I�:�t. �Qty. 4 inciz Est, �.�ty. b �r�cl� Est. Qry. 1,ti�Q f't, 1,5D�i ff. 5f1[I ft. PIPE R�M(4V AL 3. c� Q pe� t�. 4 . �l Q �er ft. � . o o per ft. YE U`1"�TD�RGRCiG\D EX fER3�!QR HQi;SE PIPING Fr�m outltt side c�f rn�ter s�t to cl��e �xterirar ap�liartces ��n c��use pipin4 siuh. �V'ill in�l�efe risers on eaLh encl. st�� ,ock. ��al�es anc� mssUellaneous fittings. l�'I�ast be nc?ted as 1--�ouse Pipin� qn all invoic�;s. Air test at t.� ��«nds per squ�re incl� (PSI} far 24 h�aurs r�quired fQr �in�l apprpti+al and tav4�d ��ith �r�ss�cre, date. an�i time. Viust �ae a licens�:�i Pf��mber �r LPI t�Iaturai Gas contr�4tc�r and �quaIified in this dis��plin�. +Lon�r�cte�r is r�s�c�nsible tt�r a1P uc�d� dEficiencies anc� n7ust furnish ��i��rnent i�c,r cc�de +�rit�latie�n�, suGh �s �oss �afpressurs: test, imprr��er dep�th, x�c� tr��er ��ire e:tc. Inst�:ICatic�n also inc:lude th� pf�ccii�c��t an�i irtstallati�i� t�f si�ht �hcs ��r i�tspc�.ci�onal p��poses �18 inch Est. �t4�. Si}D �t. �. 25 per ft. I in�:h Est. Qt�� 1`� 1111��1 �5�. (�tV � iRGh �til. {,�iV 4 inch Est. Qt} 1,UQi� ft, �,�Q� ��. 2,�QQ f't. 5�J(i ft. PE T`tases� 5�:rv�Ge `I�ype Ta� Tees �st. t�ty i OD 3-VL'av� 7`ees �st. [�ty. ZS m �z a6edu� � aaquanu �uauay�e��y � . � 5 per ft. Qc . � � FJ�T fl. 4 . 75 p�r ft. 5 . 5 0 per #�. 4 a . a � edch. 2 5. D 0 each Z � # �a�l :a��t��°L �.��c�t::�r� ��r:R��z i��€��:�c �l�i�� iLT�;:�� c�:��k c:�� The ��,��rk tc� b� �eri-�srm�c� shadl �onsist ��F tkae contr�ctor fumishin� all necessary l�k�c�r, t�als. �qui�?rt��;nt, materia��. �i�e cY� fittin�s. supplies, rr�anufactured artic9�s, �c�wer, and �sse:ntiaa �:�str�mer cumn�ur�icatian, Iabor, ar�c� otlztr c��er�tiran:� a�eeess�t�� i��a• thc mc�c�ificaiicrn �,f eristing natural gas house plumbin� to �cec��rirnar�ate re�e�catiora of��as rneters includin��: �}btaini�� re��irec� �aerr��its if ap�lic��ale; it�stallatic�n of nz�v h��se �as pip�s b�' thre�dir�� i�re. r��easuringl fittin� and assea7��lin� �ipe arid diCiin�s, ne�� shut cff valw�es, ��s r��ters �nd re�ulat{.�rs anc� c�na�ectir�� customer pipin� frc�an a r�e.�� locati�n and, su�s�yu�nt int��ritv prt;ssure tesiin� (I]r�p Test- utilizin� a rr�anom�ter))ofthe entir� �orasura�ers c��vri�cl �as pP��mbing s}st�m, and �assinY reqvireti ir�spcctic�ns, CG� wi[1 rr:quire the reesta�lisP7inQ oft�e �as service and redi�l�rtin� th�e ap�IFCabie ap�lif�n�es ihat past t��c integritti� �ressure test. Contractc�r shtill immedi�t�l�� n�tify C'G� clis�atclie:r c�f ilie �`c�Ta �as"' and cc�r��plett the requirec� pap�n�•�a�k, iraciud�r�� th�. c�rup test f'c�rn7, �►id submit, r�� iater than the fc�Jlou�in� l��siness ciay�. 'I�he wc�rk s1Yall �e c�rnp�ete and perf�rmed in strict �ccc�rcla��c� ��ith tlYe C'ontract S�ecifi�;2�tians. artc� in compliance «rith aPl ap�lical�Ie cc�d�s, C°CrS re�uiremc;nts. I'lc�rida Ftrel Gas Ct�d� ar�d industry star�dards, All ��ark, materials. �nc� serk�ices n«t �xpr��s�}r Si1C74V►i or uallc;d i'crr �n th� Cc�r�tract Da�uments, which rt��y Iac: n�t.essar�� f�ar t1Ye Gc�m�lete and �rt7��r construction c�f'the tvork in gc�c�d fai�h, shalI be perf'r�rrned, f�arnished. ar�d installed kay the Cc.,ntractor as thflugl� ori�inally s�s s�eci�ied c�r shc��r��n, at no inci•ease in cost tt� the City, Cas �i�e ticters and pl€�nzl�ers shal! br; th�rouglify train�cl �niJ experie�tceci in �17e s�.ills rec��ired, ac�c� shall bc carr�pletcly familiar �3it�h th�. design �nd a�s�licatiors t�f o�c�rk descri��ecl. A!I applic�ble pl�tmk�ira� �na �as fiiters lic�nsir�` shall be furnished t� CGS Abave Graund E,r•icrie�r House Piping and }'Vfeter �onrt�ct: €�lt�� 1,�Q0 2 5�. � L� each �ESIII�!"�iT ]'�t�OTi�'IC`AIT�DN 1'CRF�QR:V[ED UY C(3NTRAC'T(]R `�f�e [�c.7ntraet�� all n��ti#} a[1 residenis alon� the cc�nstru�tian r�ute �vith a printed c�c�c�r han�ir nc�ti�:c ir�d�catin� khe f"�[la«xin� i��fr�rnlatic�i7 al�out thc. �rap�rs�d c€�nstruuti�rn anE� the Contr3ctor performin� the �v��rk: �CC;S lca�c� (pr�ivir�ed ta �ontr��ctc�r on disk}; tf�e s�hcdu�ecJ st�rt date; t�» lti�pe o!'consfiruc;ti�n; aerleral sequenec and scheduli�� c�f eanstrucii�n events; Cc�ratra�tur's rran3�; �Qn�ractar's addr�ss;wContra�:tor's pi��i�e nu�raber; an�i Sup�rintendent's name. A sarnplc r�a�r hanger is att�cP��d Yo th�s c�ocument and sh�,11 hc �rir7ted un bri�17lly colr�re�l card stoc�: and � mir�imuin of �'i.�" x 1 1" in s�ze. A sar��pl� ciaor han��r includin� pro�oszd fdn�ua�;�. si�ail be apprc�ued by �C'rS priar to tf7e start r�f constr�cTic�n. � N�tificati�n (c�c,or han�er) �f�all b� �4si�d to resadenc�es �nd busin�sses directly �(fec€�d b}� the C:ontract��r's a�iivities nt� later t�1an tEVQ (7) day� prior ta stai�t of cos�struction. DirectY�• af'fectecl �+y Cc�ntra�t�r's �cti��ities slialI mean all C'�ntraut�r Q�erations includin� stagin� areas, equiprnent �nd n�ateridl stora�e, principal access rc�t�tes acrc�ss private properGy, �tc. Gontractc.�r cannc�t start ��ith�iit prU�er �� ?} d�y noti�;e p�rir�d t€� rc;sidents. Co��tr�,cior i� als� required rt� rrt�intair� suftici�nt staff ta answ�r re:s�d�nt in�uiries eluring normal ��sin�;�s izt-�urs dr7d ic� n�aint�in n$essage r�c�rdzrxg �qL�i�ment to r�c eiti�e resir�ent iny�airies after busi�ess haurs. 19 iZ a6edu� � aaquanu �uauay�el]`d Z � # �a�l ��c�r�tt'a��r� 4�l��et'r i:;�,r �o�ler��Lsi�� E31��t�� t�i��iih�r ,hall !�c pi-u� ided a��{ upd�le�i as r�eLess��r�� tc� tl�e C�G:� Disgatch ��hich operates 24 h�ur� a t�ay, ;b5 da��s � y�a�. z� !Z a6edu� � aaquanu �uauay�e��y Z � # �a�l SI:�'�T'lt)'� �uil3�41 I31ll T.11�t?LATIQN SL?M:VLARY I�'F�1r'I N(]. AV�(�UI�T 1 Ser4-ice�I�'lastic $ 5�, 50[3. G�fl 2 Mainsl�'lastic � ,�� , 2�� . a� � Casin� Push�`Missi�� $ �7, (J0� . C]t� � Dircetional Bs�re � ��,��.[�o � Steel 'VL'eld, Mechanical and PE Tap�in� Tees ( Welc�in��: h�� C-�ntr��:ic3r) � 52 ,�.5 0, o a G Si�e I're�aratic�n �nd �estoratit�n � � . r� � 7 �th�r Pay It�.rn� �c. o. o 0 � Me��r Set � s�, apc�. ao � Sc�d � ��, �ac�. o� I � ��r��e Restoratic�n � �52, �sa . o0 11 I' i�� R�ern ovai $ ��, 4��,� a 1� �'E Und�raratiri�i Exte�i�r I�p�se T'i ina p `� � �2,��.00 1� Ahoz��e Grc�unc� Exi�ri�r Hc�use Pipina Meter Connect $ � 7 5, o��.� a TCJ�"f�AL BASE f3[I] � 1, �4�, 30a . p0 "1"atal Base �3"rd in Wards Qn� F?=1'ior. Six ?iundr�d �ar�y Tno�.:sand ':hree Ht�ndr+�d �n� s:��/�?}p 1�[]��7T'S ai .z a6edu� � aaquanu �uauay�e��y Z � # �a�l 5�:+�TI+CIN Uf133Q FLOI�iII?,�. TR�NCH S.h�ET1' �CT ACKIVQV4'LEDGPwIENT PR[]J�,C.T. f�eplac�mGr�t c�f Antir��ated Gas M3ins, Service C.ir�es, Gas Met�rs a�id Pipin� Connectic�n� tc� Custe�mer Housc Pi�in4 and Re€;stablisi�ment �f Gas Ser�ice at Various LoCailc�i]IS SI�DER'S Nr#�1ViE; Florida G�s &�7,ectric Carb. I�ici��ier ae%r�c��i�;tl�,,es that includet� in tl�e various items s�fthe prcrposal in the T'c�tal E3id P`ri�� arc cvst� fc�r complyin� ��iih t�l� �'lc�ri�a T�ench 5afety� �1ct {9[]-9b, Laws Qf �'loriei�� effeztive t�cte�ber 1, 194C�. The Z�iddzr turlher identiti�s che crasts tv b� summ�rized belo�v: 'I'rench Sdfety f�1Ga�sur� (Dr scriptian} Shc�rin� L�nits c�f �leasure L�nit {L1�, 4Y) (�?uantin�) L�F �1�1 Extenef�:ci L'nit Cost Cost 1�. JG N,� * TC?TAL; � This tot�l amount is incidentai tc� t�te contr�ct l�id price and is pro��ide� c�n�y° �s bidtier acl�no�:vled�rr7ent �a�the Fl�rrida Tre►�ch Safetiy.�.c�. * T'he +City of �l�rir�� a�er has �nacted ad�itiona� shorin� reguirements, within th� Cit�� limits administcred lhy the Clearvvater Fire D�gartniea�t �=ailurc tc� c.omplete the abc,ve n�a� resraJt in the bi� beir�g cieclared nan-respU��sive. ZG tZ a6edu� � aaquanu �uauay�el]`d �� r � �---, , , �,� � �� k�v� ,` Bici�'in� Cc�ntra ar 5i�n�tu Z � # �a�l S�ECTIrD�T (303�� I'i;BLI� ENTI.TY +C[t.I�vTE� STA'�'EMEI'YT SWC7RiV STl1T"EM�.�'T UI�TDER S�C�'IC1N �87.133(3)(a). �"LC3�L1[]11 STATUTES, JN PUBL,IC ENTITY CRI'v�ES, TIiIS F01�M �VfL1S`I" F�E 41G�fEU liri '1"HE F'1t�SENCE GF .4 tiC}TARY PLiBLIC C}R OTf-�ER C��t�IAL AU"�"H�R[ZF� TC7 A��h�31NISZ'ER [��,T� f.�. This sw�orn statzm�rit is subr�iittc.c� tu tiry nfClca�waser {prini namr nf t�re pubEic entiiyj by David �. Tt�r: ar., Vice President i.print individual's r�amc and [E�le) �Or Flrarida Gas 5� Electric Cor . {�erind n�ne t�f°enlitt� subminling swor�� staleenrrrti tivf,�7se bu�is�ess address is _. fl. Bex 2$4, Dad� �i�Y FL 33S�S a�7d (i��appli�able) i�.s Fed�ral Emplo_yer ldentitie�tion ivun7ber (FE1N}is (if the enii�� has r�o FEIN, include Che Sacia�l Seeurit;r Number �af the indi�idu�,� si�ning this sr�orn statcment: t understand that �"public entity crime" � def�ned ir� Para�raph r$i.1�3( a)(�), �Ic3ri�a Stat��tes, me�ns a��iolatian r�f an�� stat� �ar fec�era� la�� by a��rsc�n ��ith res�ect t� atld dire�tl�' reiated ta i7i�. trazlsaeti[�n of L,usiness �vith an�• public �ntitr� c�r w�itl� an �Q�n�y� �r pc�litica� sul�c�ivisic�t7 c�C at�tir Qthe.r statc or w�iCl7 th� LPnited States, inciucii�7�, buc i7ot Pimiled tn, any 6id ar ccantract fcar �ecads c�r sen�ices tca be prc�vicie�i to a��y �r�blic entity e�r an a[�ency ar political subdivisic.�n uf ar�v� aiher state c�r af ihe i�r7itec� States and ii��•olvin� antitr�st,Yfraud, tl��t, bribery. callusion. ra�ket�erii��. cc�nspir;�cy, c�r mat��ial rnisre�resentation. ` I understarfd that ""cs�n�•ict��" or "conr��icti�n"' as defi�t�;d iry Para�raph 237.133( I}(b), I=lrarr�� Statut�s, n�ean� a frnd9n� of guiit or � ror�viction o#' a�ru�'ili� entity criri7�. wit1� or w�iti�o��t an a�Jjuciicati�n of ��zili, in ar�y �eder�l c�r szatr, tria] ccsurt of rc;e�rd relatin� tU cl7ar��s hrQU^}it b� indittoner�t or i�f�rmatian aft�r .Iul;� I, 1989, as a� resuli af a jury verdicY, nQn jur!r' trial. crr entrr� c7f a pie� af �uilty �r nol� contcnder�v. �. I unifersz�nd ti�at an "affiliat�" as def7ned in Paragraph 287,133( I}{�}, fi�c�rida Statut�s, rneans: I. A�r�deeess�tr car succ.essar c�f a persc�n eortvict�.d c�f a publi� �z�tity crirr�c:: �r 2. An �nti�;� uncier the cc�ntrnl of anv natural ��rsan ��17o is �cti�e in the man:�g�ment of�the entizy �zci `�,�l�a has b�en �s�n��ictc.d �f a�nubiic entit�� rime. The term ""aft7liat�" inclu�ie5 th�se t�ffi�ers, direcl.ors. erecutiv�s. partners, sharel7oldcrs, ernployees, mernbers, ar�d ��er�ts wI�U are active in the mana�cn�ent c�f ar� af#iliate. T�ie awn�rship �i�� can�: person of� sh�res c�anstilutin� a cvntrc�Pl'rn�? intcrestyin another }�ers�n, or a pac�lin� of �c�uipme�it �r inco�n� arti�n� }�ersans r�+�fi�:n 23 iZ a6edu� � aaquanu �uauay�el]`d Z � # �a�l ��1[ 1�7f I�11I� ITIEi]k� '�� 1`,iPllt� Ll1�di��;C �lll el]f71�G �Ci��"1}i 3��1"�C�[l�sEl[. ;��1tF�l C+� fl "��rtlTi:i i+.iCl� t�c'lSt' I�7tit C!!1C pc.rsof� carttruls a,��+tl�r;r p�rson. A�erson ti�+i�Q Isr�ozvin�lv ent�rs into a jdint ventuz�e with a �ersn� tivho has been canvicted ofa �ubli� er�tit_y crirrie in Florida durtn� ihe pr�ced�n� 36 mrai�tl7s sha�l �ie consi�ered an affiliate. 5. [ under�tand ih�f a"�+erst�n" as clefined in Para.�raph ?�7.'l3�(1)(e�, Fl�ri�a �tatutes, m�ans an_y natural per�t�n c�r entity �r�anizec� und�r th� Iaws oi any :�tate Qr of thc: Ur�iteti St�ttes ��,ith the legal ��o��er #u enter into a l�indi�� cc,ntract and tvh�eh bicis c�r ��plies to bi� ran cc�ntra�t� ftir tE�e �ro�visi�n of �c��1s Qr s�rviees l�t �v a�ut�tic entity, c�r which c�iherwise transact5 �r applies to transact business �vith a public entity, The term "per�an" iraclttdes tl�QS� �ffeers, dircctors. executi��s, p�rtners, sha�-ehal�ers, ernplayees, �nei��b�rs, and agz€�ts �,�}ia ar� acti�,�e in m�anas�eme��t �al� �n enti��. 6. I3ased �?r� inioriT�atiot� and bel�eF, tlle st�t�ment ��hicfi� I have marked beioev is tr�� in relatiar� to tlZe �a�tity su�mittin� this swcrn staterr��nt. {Please indicate ��hich �ta¢e►i�er�t ap�lies.j j 1'�� leither Th� enEit�� sul?ii�ittin� t}Zis s�.��rn statenzent, nnr any o�tic�rs, direc;tqrs, exec��tiv�.s, �. `� ��rariners. shttreht�lder's. �mplc�4�e�s, s�iernhers, or a�etZts ��hc� are actiae in r�iana�ena�nt c�f the " et��it��, nc�r an} aI'ti[iate n� the entiTv ha�e been cliar��ci with and cc+n��icied af a�uhtie �r�t�tv ,�rime s��t�sequent to July 1. P989, L . , �j�� Ti�e entity s�aE�mitting ti�is st��orn statcmeni, or one Qr more Qf the t�ificers, �iir�.ct�rrs, ". ex�;cutiwes, partn�rs, s1l�ehc�Iders, enlplayees, m�nihers, or a��nts w��u are a�tive ir� n�ana�etnent - �f thc; entitr��, or an �f#iIiate of t��e �.ntitv h�s been char�ed ��ith anc� convicted c�f a}aublic eritit�+ ;, cri�ne subsec�ue��t t� July l, 198�, i��y iy� Tl�� i:ntity su�mitting tl�is s4��om staterneni, or ane c�r niore Uf� its c�fiicers, �irectors, �xec�zii^v°es, partners. sharehc�lders. ctn�lovees, members ar a�ents s��hca ar� �ctive in the \,�, n��i7a�emenc �,f t}�e entity, or an a1'filiat� �f"the ent�ty h� been [;f�ar3ed ��ith arrc� ct�nvecterl c�f a �ublic erati�� crirne sub�er�u�nt to ,luly I, i 9�9. Ho�vever, it�ere h�4 been a s�dl�s��tzent �r��ree�iin� bel�re a 1-l�arin� flffiGer cai the Si�te c�f �'l�rida, Divisio�� Qi� Ac�r��inistraciv� H�arin�s an� the F`in�l (�rds;r �ntered bv tl�e t��arin� C�fficer det�rtnir��d tllai it ��•as rtot in che public interesi tU piace the esitiry sut�rnittin� this s�nrn statement on the canvictec� W��ndor list (attach a copv� of the final �rder}. f l�'L]ERSTA.�li7 "I"1-1�s,"r TH� SUSMISSION (7F THrS P(]lthl �I�[) THE Ct�NTR�tCTiNG QFFICL'it €�C]R �"HE PLIBLIC CNTfTY IDENT�FIEI� IN Pr"�Rr�'LC,RAP[-3 I(C]NE} AIiQVE IS f^C�R i'�-i;'1T PLIBLIC CNTIT'Y GNL�' Ai'SI7, THAT THIS FOI'�11�1 IS Vr'�LI[] iHRflU(;t--1 1�CCEM�F,� ;1 �[)F TH�: C.ALFNDAFt YEAf� ITwJ GVHI�I-i tT IS F'ILED. I ALSrJ UNI]Ci�STAN� TH,AT ! A�v1 ft�,�)UIRED �"CJ iNFURi�9 'T'HC PUI3LIC EN�-I`T`r' Pl�lC)R T[J EI�dT�R1NG I?�!'C�7 A G�i�fT�ACT 1N E�SCESS C)F i°HC; `fH1�St#�LD AM(7Ui'�lT F'F�OV[I]ED IN S�CT'l�]`�1 L�7.017 FL.4RIDA �Tf1TU`I'�� FCiR. C�1TEGtJ1��' Tt�FC.] C�F Ai^�iY CH,�NC'sE 11'�I TI-f� i�iF[.�RMATIDN �UI'S(TA1NFp It� i"H1S �'C7Ii1�. r � ' '-.� 1; 4 � ',�1+�''. (Si�z�t�ture) 5w�r�� ta arid ��ib�crit+ed betore me thi� l�tr, day of' ��aruaz-v ,'?01�. 24 IE a6edu� � aaquanu �uauay�e��y Z � # �a�l �'�r`.�7it;7fi', i�;lt1',+�t1 (.�R i'roduced ddentifcati�n {T}pe ctf id;ntiiic;atic�n} F��rrn P�_Jk ?�C��'(Rer�.d:i�i; �i �3,�4?� � ,g a6edu� � aaquanu �uauay�e��y �, � � L � i . '' �� -e,`� �lotary Pu Ii� - State ��f Flarida MFv Cc�rnrnissiUn expires �.?11�/2c�zs Max A. Pauls�n (Printed, tygc[1 or stam�cd Commissicanecl namc raf�nn[ary publia) MARY A. PAULSaV NOTAFti' PUBLfC 1°r STATE U� FLORICJA -. Carnm�l! E E S 532�6 �'�} Fxvire512l1712U#5 Z � # �a�l THE AMEf�IC�N INST�IT�'TE QF �AR��fITEGTS .� �.:;: �� AlA L7ocumenk A310 Bid E�and KNt�W ALL MEN BY °fHESE PRES�NTS, that we F1oricia G�s 8� Electric Corp., P� Box 28�� Dade City, FL 33526 as Pr�neipal� hereina�ter calleti th� Prir�cipal, a�rd The �Gray [nsurance Campany, P O B�x fi24�, Metairi�, I.,A i0049 a corporation duly Qrganized under lhe laws caf the Stat� Q# Lot�isiana as Surety, hereinafter call�d the �urety, are heEd ant! firrnly bound unlo City of Clearwater (dl'�fa Gearwater Gas System}, 400 f�orth Myrtie� A�enue, Cleanvater FL 33755 as Obligee, hereinaFter calfecf lhe O�iigee, in the sum of T�ht Percent of the amoe�nt bid DQllars �$ 164,030.4fl j �or th� payment of wh�ch surn weil and truly to be rraade, ihe said Principaf and the saod Sua�ety, bGnd aurselues, Qur h�irs, ex�cutors, adnrir�'sstratars, s�ccesscrrs and assigns, jointly and severally, firmly by these pr�sents. WHER�AS, lhe Priraci�ad has suiarnitteci a hid fqr B�d Na. 1i�-12, Repiacem+�nt o# Antiquated' Gas Mains, Serviee Lines, Gas Meters and Piping Connect�ans ta Gustorner H��ase Piping and Re-establishment n# Gas Ser�+ice at Various Locations �1QW, THEREFOR�, if tF�e Dbiigee sh�ll a�ce�pi th� bid of Ehe Princip�l ao�d the Prir�cipal shall enL�;r iratr� � Caniract witt� ihe Oblig�� in accc+rdance with the tern�s of suGh bid, and g€ve suc� bonti or bonds as may be specified in the bidding or �pntra�k ��cuments wEth goc�d and sufffcient surety for the fait�rfuf perfr�rznance bf such Contraci and for the prom�t paymer�t af labor and mate�ial fumis�ed in ti�e proseCUtior� ih�re�f, or in the �venf af tt�e failurE of the Pfincipai to enter such Cs�ntr�ei and give such band or bonds, i( fhe Prir�cipal shall pay tca the Obligee thc differer,ce not ta exceed the penalty hereaf b�twe�n the am+�unt sp�cified in said bid and such Earger amsaunt for which the C]bfic�ee may in gc�od faith contr�ct with anolher party to perform the Work cravered by sa�d bid, ih�n t�is obfigation shall be null and void, otherwise ta remain in Full force and �fFect. Signed and sealed this "i7tM day pf F+�bruarv , 2q12 . r h� , � � �.�.. t.� t f , 1 � � ' �..�—� �.� (Wi[nessj I � A ffj �� :. , . f. 4 } . , / „ti, ! �. .. , (W ItneSS} Florida Gas & Eie�tr�e Car , �iF% r rZIJ (Se31} 4,� � � �'� � ��" J I� 4 AI# �C]CUMENT A31f7 • Slp B�CJNd • AYA - FE8RLIARY 19id EQ - TH� A,h,4ERIGAN IPJ5T0TI.JTE {7F � ARCHITECTS 1735� N. 'r' RVE. ,hd N! WASfilh�.f,TqI+1, p. C 2DQp6 G-2324$-A ;E a6edu� � aaquanu �uauay�el]`d -r��F: �-ar�,r•, «�� r�:��c�. ca:ur,�t,�^� Tf ii: C�,�t_1� r�'1��r1l..Tl' 4K, S�rit�Tl! COMP,ANY ' G l• GEItiE1Z�►L PdJWE� [lF .�TT�RRC1' ft.;�i�il1 :1'L�. ltl" FIiC.'iE l'FtESEiv'T5, THAT The Gra_v InsurancE Company anci The Gray� Ca.saialty 8c Stirety Cr�impan}'. ior�aratinns €iuly s7r�,�nizc� �1�ici exssiins� i�ncfer tl�e ltsa��s rsi [��uisian�, and k�avio�g their �rinci�ral a,iFiicc�s in �4e[airie, I,nui�iai7a, d�+ l�ereby n�ake, cc�o�stit��te. c3n�i a}�,pe?in4 8enjamin I1. Freaeh. Dalc'1�'a��lorff, k;er�net}r'�1�'a}�ne Ws�lk�r, P�melfl I,. Jarrrm�n� Slxerec 6V. Le►r�is, Clyde Il. I[are. �n�l Paul A. L�cascin of Ft. 14'Altnn Beach, F'Inri�a jaintiy r�t' se4�er�tlly an behalf of cach of the �ompanics n�med above its true �nd lawf'ul Aui�rn�v(s)•in-Fctct, to n��ke., �xccule, se�! ar}d �i�liv�r, for an�l on its }�c�ialf and �s its decd, �onds, or �ther ��riii�gs �bligatocy in lhe naturc. e�l'a boni3, as surct��, cor�te:ects nf suretysiii�r as are or n�ay h� reti�u'sre�i rrr �?errnitted l�y la�i�, re�ulaticm, concract �r �th�:r��ise, prav'rdcd tlzat no ��E�d nr unc�erlakin� c�r c�ntract oi° stsret��ship exec�z[ec� ainder this �uthority shall excecd tl�e amnunt cr[ $ Ifk,(}p��,{��}p, °rhis 1't,�ver �,f Att�rns:y� is �rantetl and is signed' b�• facsimilc under anci by tl�e �utHnri�� of the fi�llaet ing Resc�luticrns aclopted h}� thz F3��zrds cri Directors t�f bnth ihe C'srqv Ir�s�irancc� C'n��,an}� �tnd The Crrr�y Cmsudlly & 5uret�r Campan}' at meetings dul�� calied an�i Iteld on t.lic; Z(r`�' ilay of�June. 2i7i73. "'�t_GSL7LV�D, t13at t9ie Fresidenl, �xecutive Vic� Pre�i�len[, any Vice I'resident, ar the �ecr�tary� be and e�ci� nr any [�f`t}iem here�ry is ;�uthori�e�J tn execute a pon��r of Attor�ey c�ualifi�ir3� tlie atcarney� named in the git�en I�n��er c�f P+tlnmzy to ete�utc o�� t�c�3tslf �f tlie C«n�pr�ny h�nd�, undert��kirsgs, an�i all cnnEracts ois�rcly, ari[1 �hat eschh nr any flf thein is herehy authorized tca attest la [he exe�ulicrr� nf s�sch 1'c?u�er c�f flttornek', :na� in attaelti ihe seai �ithe Cpni�:uiy; and it is F1JR'(�H�F� ftES()LVEI7, that the signacurc af such officzrs and ll7e szal of the Cnm�anY may �+e af�lx�d to any such Poe4•er oflltior�teY or to am� c�.rti�i�ac� o•�8ating tlzer�to hy Ca�si�ile, anrl anti such I'n�i�er of �Attnrnc4 c�r certificate �acas•ing suc17 Faesimiie signa�urc �r Fiesimile s�al sttall be bindin� upon tl�e L`ampany n�av an�l in ihe future w�hen sa affix�d �vith regard to �ny �and, undertakang c�r �:onlract of suret}� tu �vhich it is 3ttached. 1T! VJI�fN�SS WHI�R.Ef�F�, The CJa•a� Insuranc� Cc�mpany and The Gray° CastiEalty �'c 5�irety Cam�s�ny h�ti•� caus��1 thzir nfficial s�als ti� be her�iiatn uffixed, �rrd �he�e �erese>>�� ar� ljr ,i��n��i t,� lf�eir au�lroorized c�P�fic�os tPris Sc�tcrrxt,�s� 1?. 2D3 l. � � {q�+ a,ti p�� f3S" ~ �j elite�t: �7 i�� rY++ti4 �s*:�``Y a.��U / '• � f ':,� f +�"'f r3ir .,...'.. °'�� qj �e� % �. j �'sn ;c» �: � ��. � �b ;,,1 i� � t4l �, S'rr:�v� 11�irk S ;�4tir}�Etrs±� a 'u� � � L a� m�• � '1 Presideni, I-h� Gr�y Insurince C.on� an Sciietsiry, ,�4 — :�� ' }' y ••, F �; �f'.....�.. ''� �� `I'hc Gray Insurar��e C°nrnp��iti�. � ° , # . Vice f'resicient, T`he Crav Casualty 8:. SureTy Cori�pa�� TE�e Gray Casualty 8c Suret;�r Camp3ny State af Louisiana ss: Parislt oi' Jefferson f}ri this S�pRen�ber i?, 2�F1 P, b�fnre me, a Ivntar}� I'uhIic, �ersonafly apn�arcri :4•�ich�eT �I-. Gra�F. €'resideifi of The Gra�° [ns�arance C�mpany and V�ce Yresident �f'The Grav C`�ssuaitp� ��urety Corrapany, and Mark 5. C��1�tg��n�r. SecrcFary oF`I'he �ira}. Insurance Cc�m�c7ny �nd 'I'he �ir;�y Casii��lty ct. Surcty �:amp�ny, persc�n�il;�� kno�4•n tc� �ic, !?eing dul}' s��arn, acknawlcdged lhal 11i�y si�:ned the abnve Pow�,r �+CAtcamey az�d affsxec� ihz seals ai�he companies as aflicers crf, �i�� .ac�r�aEkiecigec� �aic! instr�im�:nt ts� bc the voluntary act and �iced, nl'tl�cir cc�rnpariies. �•„ , �+��"� �OSARC�4'� � � � j � � � �� *} � z Li��t �. hl�llar :�€s[ary Pu�riic. Parish af Orleans ;,n,;+. ±�,+�, 4r-' St�tc �f Loui�iaria �TPF.......,uNs��*> My C�mniissioit is f«r Lif'e p�F LO 1, �,1�rk S. 'vf:a��unia, Secret:�ry c�C'[he Cir�ay° in�ur;incc Cpm}�any and'I"h� t�r�y C�tivalty �'i Surety Cnmp�usy, dn ftereb�� c�r[ify ihat thc abar•e and farga,ira� is a trtae aricl cc�E•reei c��+y c>f a Pa�ver of ,�rt�rncy giv�n L�� rhe �arnpanic s. whicia is siill iri fulP forcc; �n�� c#'fer�. IN Wi'I ;'�J6:5�; LL`F�E:Rl:f)I'•°, [ have fi�t n1y hand �nil �i'�ixctl lhe se�ls c'�i�the C'i�rnp�noes this 1?�h 4�;:� sf' FebYtl;�X'�' �2412 •� � � � �"N e ��5 Y �d g� r� �� `�sf,. �t •,..3+�; ��/��' T �� .� °.e, c�r �..,� �:� s? to �F '..-, n� �E�i� � �� SEAL � �iao•k S. hl;��i�uncr. Secreir�rp ��, ..,.. � ,� �,�, � , � The Gray Insuran�e Cc�n-�p:3ny �°•......... '�` '� ' . �°`'� The tsray Cas�ialty & 513ret;,� Cnm�rany t ..#.. .�,.�� -�„�- -- _ . . _ , . _.,..... ..._._. _----__ . _ . . . _. .-- –,– . _ ;E a6edu� � aaquanu }uawy�e}�y ' A� � � !}ATE {MMf[]6MI'YYj �. CERTiFIGAT� aF L1A�IL�ITY �h1SUR►4NCE ��2,��1� TMI TIFICAT� �S ISSUED AS A NfATTER AF ihlFAR�UTATIO[+t ClI�LY ANa C�C?NF�F2S �fO RIGHTS 11PDN THE G�fZTIFfCATE HOLD�R. Tt�iS CERTIFfCAiE C�QES f�pT AFFIRfNATlVELY C?R hEEGAT#VELY AMEN�, E7CT�N� OR ALTER TH� CflVEF;AGE AFFf7Ftl7�p BY THE �Ft,]L�CIEg BELCaW. T�EIS CER?'IFI�CATE OF lNSURqNCE ppES N�1T CONSTITU7E l� G0�ITRACT BEiWEE[V 1'HE ISSUi1UG li�5l}FtER{5j, �IUTHORIZED REPRES�NTATiVE OR �'ROi?UCER< AiVD TH� CERTIF{�ATE HC7�Q�R. fMPtJftT+AM1iT: If tf�e certi��ke hafder is ar� RQDfTIONAL INSUREp, the poli�y(ies) r�tust be endarsed, If SUBFtOGA71oN E5 Vt�AlVED, sutsject to the terms and candiisuns of the policy, cer3ain poli�les may require an endorsemeni. A statement vn fhis certi�cate does not eonfer rights to the certi��ate �okder ir� li�u of �ueM endorsement(s}. PRODU�ER NTAGF SdT1iLt3 SLtL[j.1C}C � NAME bTvrtheas� Und�rwriters Ina. �h�°"E (72'i) 521-4253 �Ax ,"�+C� `a'�. ��L1: � (A�c, I�fOj: {72 71 527-94 55 G79� lst Stree� North E�nsni� sk�urriick@n�u-' - St. Pe iNSUR@6 FL 337a3 Florida �Cas �nd Electric Carp P� Sox 2$0 JDR-55: 1T18 . 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CUMP7pP AuG 3 S CUN191NED�$ENGEELIMki� ,� {Es acc�3entY 1/2�12 /,1/2p13 Bfl+JILY 1ha,1L1RY {Perpersffn] S � Bfl�lILY IN�JIJRY (pef aecide�rzt} � � PR+7FER7v GAN€AGE tPer ac�eenty s C Llmnsured matos'st uyrnhined S s �.,00a,00 '2 � 4�Q t !QQ 2,p00�OQ 1,4op,p 1,OOD,D EAC9-# ClCCURF2ENCE E 4+(I�Q �, O AGGREGATE Y S _ 4� aOiS � Q C i� RC'IEr��FCN S il7 G100 , IC469�4a55 !1%2fl12 %1I202� � — � � 'WORKERS C4MPENSAiICIN �� a . . S A.Np EMPLOYER5' LIA�g�iLIYY ' I tNL aTA7u- OTH. ArvY PRf3PRl�'FC�R�IRTNEf�,+Q(EGU71V£ Y I N � -� . }� . OFF�C�R1tr1E'M6E32 EX�LLiDE99 � � N 1A E L. �RCH AC:�f.�1�P�fT S 1 � C�C1O r O{ �(M�.rtqstinry �n NH1 i 83f13325� /A�2022 I/Z/2D13 � . li es, dea^.rsbe urder E.L CP� SEASE - E+1 EMPLCSY� 5 j_ � p 0(j ,(} ( o�scRr�riora �� a��nne�ras �iow �.� e�isE,as� - paucv �inni� $ 1 f10C� 04 Zniand t4Farine M1154z65�oz , ela2/2oa1 elslAzpl2 � Btanke! Cwrrage 5iQbil f?od I Rented/Leas�d Equip ' ' I D£SCRIPi �{lh! pF 4P�R,4TIONS7 Lc7CATf4NS f VE}iIGLES {At[ach ACDR� f CJM1, qddtEional Remerke Seh�dule, Yi� mpre space Is re�utred) - IC i'9 agreed the Certi€icate FFoldss is narned as Adctitional Insured�s w�th re�}�eet to apnerai Li�L,ility ana Commercia7L Autcr caverage. CERTIFICATE HO�DE City of Clearwat�r Attn: City Cl�rk PU F3ox 9748 Clearwater, FL 34�18-4748 ACQRD 35 {20�9I89} lNS025 r:!ne�a^�.! �£ a6edu� � aaquanu �uauay�e��y ELLATIO SHOIlLD ANY QF F�{E ABOVE bESC%tlFJE1i POLICEES B� GANCEtL�p BEFpRE 7HE �XPiRqTION DATE TWER�DF, NCITIC� WIC,�. 9iE aELiVERED iN kC�DRRANCE 1,NITti 7HE PO�,ICY PRC3VfS!{3NS. AUT?itiR12ED R€a��TA71VE •- � ,� iten f[tjowski/SMB ��!,�--- --,�:4 - r,�._�, .-- �"'"` T�e L1CC?f�Q name and ingo are reqisterec! D rk s af ACDRp RD CORPDRATiC1N. All r6ghts reserved, Attachment number 1 \nPage 3 SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND (Attach certified check, cash or bid bond here) 26 Item # 12 Attachment number 1 \nPage 3� SECTION 00510 AGREEMENT THIS AGREEMENT made and entered this lst day of April, 2012, by and between the CITY OF CLEARWATER, FL, a municipa] corporation, hereinafter called the "OWNER", and FLORIDA GAS AND ELECTRIC COPORTATION, hereinafter called the "CONTRACTOR". WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Owner, the Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work shown on the Drawings and described in the Specifications entitled Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations. Bid # 10-12 1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and al] utility and transportation service required to complete the work provided for in this contract. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the satisfaction of the Owner and subject to the final approval of the Owner and its authorized representatives. The term of this agreement shall begin April 1, 2012 and terminates March 31, 2013. Any amendment must be in writing and agreed to both parties. 2. The Contractor agrees to receive the prices stated in the Proposal attached in full compensation for furnishing material and labor and executing all the work contemplated in this Contract; the contract amount shall not exceed $1,640,300.00 based on the estimated quantities in the Bid 10-12. Owner reserves the right to purchase any amount up to the estimated quantities based on its needs as determined solely by Owner. Owner and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. 3. The work on the site is to be commenced when directed by the Owner or his authorized representative. 4. To prevent disputes, it is agreed by and between the parties to this Contract that the Owner or his authorized representative shall in all cases determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine questions in relation to lines, levels and dimensions of 2� Item # 12 5 C� 7 Attachment number 1 \nPage 3 work. The Owner shall determine questions in relation to interpretation of the plans and specifications. Payment shall be made in accordance with provisions as outlined elsewhere in these Contract Documents. The Contract Documents shall consist of the following a11 of which are familiar to the Contractor and which are incorporated herein by reference: 1. 2. 3. 4. 5. 6. Invitation to Bid Instructions to Bidders Summary of Information to Bidders Bid Forms Agreement Forms Bonds and Certificates 7. 8. 9. 10 11 12 General Conditions Supplementary Conditions Addenda General Requirements Specifications Contract Drawings This agreement, together with these documents, farm the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. � 8. Contractor shall at all times furnish adequate tools, testing supplies, appliances, equipment, a sufficient number of properly OQ skilled workmen, and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and shall promptly pay for all material purchased and shall pay all workmen each week, and if required by the Owner, shall obtain and furnish Owner weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contractor. 9. Should the Contractor default in any of the provisions of this contract and the Owner employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 10. The undersigned Contractor agrees that he has carefully inspected all contract documents and is familiar with the same, and agrees that he is responsible for having heretofore examined the site, the location and route of all proposed worlc, and for having satisfied himself as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the 28 Item # 12 11 Attachment number 1 \nPage 3 price which he has bid and the price of this contract all costs pertaining to the work, and the contract price is based upon these inspections and examinations. This contract shall not be construed for or against any party because that party wrote it. 12. The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT. (CONTRACTOR SEAL) Countersigned: George N. Cretekos Mayor APPROVED AS TO FORM: Laura Mahony Assistant City Attorney FOR THE CONTRACTOR I� Name: Title: Wimess for the Contractor CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager ATTEST: By: Rosemary Call City Clerk 2 a Item # 12 SECTION 00520 CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF Attachment number 1 \nPage 3 Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for said County and State personally appeared (Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly sworn according to law deposes and says that all labor, material and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract of the (Owner) with (Contractor) have been paid in full. (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this _ day of , 201_ Notary Public SEAL Commission expires: 3o Item # 12 Attachment number 1 \nPage 4� SECTION 00530 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that , a Contractor in the County of and State of , do hereby acknowledge that (Contractor) this day has had and received of and from the City of Clearwater, the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing, payable and belonging to (Contractor) by any means whatsoever, for on account of a certain agreement between the said City of Clearwater and (Contractor) dated. NOW THEREFORE, the said (Contractor)(for myself, my heirs, executors and administratars)(far itself, its successors and assigns) do by these presents remise, release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns, of and from all claims and demands arising from or in connection with the said agreement dated , and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, eXecutions, claims and demand, whatsoever in law or equity, or otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing whatsoever, from the beginning of the world to the date of these presents. 1N WITNESS WHEREOF, presents to be duly executed the day of Signed, Sealed and Delivered in the presence oi ATTEST: (Secretary) AFFIX CORPORATE SEAL, if a corporation (Contractor) has caused these 201 (SEAL) (Individual Contractor) (SEAL) (Partnership Contractor) By (SEAL) (Partner) : (Corporation) (President or Vice President) 31 Item # 12 Attachment number 1 \nPage 4 SECTION 00540 STATEMENT OF SURETY COMPANY In accordance with the provisions of the contract dated between the City of Clearwater, Owner of and (Contractor) of , the (Surety) surety on the bond of (Contractor) after a careful examination of the books and records of said Contractor or after receipt of an afiidavit from Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have been satisfactorily settled, hereby approves of final payment of the said (Contractor), Contractor, and by these presen�s witnesseth that payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to the by the said Surety Company's Bond. IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this day of , 201_. ATTEST: SEAL By (President, Vice President) Note: This statement, if executed by any person other than the President or Vice President of the Coinpany, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such inst�urnents on behalf of the Company represented. 32 Item # 12 Attachment number 1 \nPage 4 SECTION 00610 PERFORMANCE - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we , a Corparation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and (Surety) of , State of Florida, hereinafter called the "Surety," are held and firmly bound unto the , hereinafter called "Owner" in the penal sum of Dollars, in lawful money of the United States for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20 ]_, a copy of which is attached hereto and made a part hereof for the construction of: Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surery, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 33 Item # 12 Attachment number 1 \nPage 4 PROVIDED, FURTHER, that no fina] settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument under seal in counterparts, each one of which shall be deemed an original, this the _day of _, 201 . ATTEST: (Principal) Secretary (sEaL� (Witness as to Principal) (Address) (City/State/Zip) ATTEST: (Surety) (SEAL) (Principal) By (Address) (City/State/Zip) (Surety) C (Address) (Witness as to Surety) (Address) (City/State/Zip) Note: Date of Bond must not be prior to date of �Contract. 34 Item # 12 Attachment number 1 \nPage 4� SECTION 00620 CERTIFICATE OF INSURANCE (Attach insurance ceNtificates here) 3s Item # 12 SECTION 00700 GENERAL CONDITIONS 00700.01 DEFINITIONS Attachment number 1 \nPage 4 The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Speciiications and the Drawings, including all modifications and addenda thereof incorporated in the documents before their execution. These form the Contract. The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership ar individual for whom the work is to be performed, or his or their authorized representative or agent. The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents, inspectors and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and specifications of this work, or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particular to this project. Written Notice shall be deemed to have been fully served if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the essence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 36 Item # 12 Attachment number 1 \nPage 4� 00700.02 EXTENT OF CONTRACT The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifications and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessary for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration's by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Should anything be omitted from the contract drawings or specifications which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 00700.03 OBLIGATIONS OF CONTRACTOR The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct, finish, test and purge in a safe, substantial and worlcmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the woriz, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein contained, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or 3� Item # 12 Attachment number 1 \nPage 4 approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 00700.04 SUBCONTRACTS The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall comply with the ASME B31 Q Code, which meets the requirements of Federal CFR 49 Part 192 Subpart N, particularly the "Span of Control" ratio which requires the supervision of non-qualified personnel by OQ certified individuals depending on the performance of the covered task 00700.05 SEPARATE CONTRACTS The owner reserves the right to let other contracts in connection with this wark. The Contractar shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the eXecution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such wark that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. Wherever worlc being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. 00700.06 BONDS The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of award, present himself to the place designated in the official notice of acceptance, for 38 Item # 12 Attachment number 1 \nPage 4 signing of the Contract and the plans, and to substitute for the bid security, a surety performance-payment bond in the amount of thirty per centrum (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 00700.07 ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall cease to be adequate security to the Owner, the Contractar shall, within five (5) days after notice from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and signed by such other Sureties as may be satisfactary to the Owner. The premium on such Bond or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall be made until the new Sureties have qualified. 00700.08 INSURANCE A: General The Contractor shall not commence work under this contract until he has obtained all insurance required, as specified on the "Summary of Information to Bidders," submitted certificates for this insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Owner, however, may accept insurance covering a subcontractor in character and amounts less than the standard requirements because of the character or the extent of the work to be performed by such subcontractor, such acceptance by the Owner must be expressly stated in writing. B: Worker's Compensation The Contractar shall take out and maintain during the life of this contract adequate Worker's Compensation Insurance for all his employees employed at the site of the project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worlcer's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable. The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of and from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced by this Contract and the Contractor will appear for and defend the Owner and Engineer against any and all such claims. 3 a Item # 12 Attachment number 1 \nPage 4 C: Public Liability and Property Damage Each Contractor shall take out and maintain during the life of the Contract such Public Liability and Property Damage Insurance as shall protect the Owner, the Engineer, the Contractor, and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from performance related to this contract, whether such performance be by himself or by any subcontractor or any person directly or indirectly employed on the project. D: Fire Insurance The Contractor shall, from commencement of the Contract and until final acceptance by the Owner upon completion of the entire contract, maintain insurance on all insurable items of the work included in the Contract against loss or damage by fire or lightning and those periods covered by the extended coverage endorsement. This insurance shall be listed in the names of the Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his subcontractors. The risk of loss or damage to the construction work due to the perils covered by the said �re policy with extended coverage, as well as any other hazards which might result in damage to the construction work, is that of the Contractor and Surety, and no claims far extra money by the Contractor for such loss or damage shall be recognized by the Owner nor will such loss or damage eXCUSe the complete and satisfactory performance of the Contract by the Contractor. E: Special Hazards Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall be covered by rider or riders to the policy or policies. Specific customer appliance or system damage or two such possible hazards are blasting and environmental damage. 00700.09 PROOF OF INSURANCE Contractor shall, prior to executing the Contract, deliver to the Owner, proper evidence of carriage of the insurance required by this Contract. Certificates will be acceptable proof of public liability, property damage and Worker's Compensation Insurance. An original policy of fire insurance must be submitted to the Owner as soon as an insurable interest exists. 00700.10 ACCIDENTS AND CLAIMS The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or 4 o Item # 12 Attachment number 1 \nPage 5� property of another resulting from negligence or carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 00700.12 CONTRACTOR'S LIABILITY The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume al] responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection with this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for 41 Item # 12 Attachment number 1 \nPage 5 information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to comply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 00700.14 PATENT RIGHTS The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees for the use of any patented invention, articles, composition or process in the work done or the materials furnished, or any part thereof embraced in this Contract. The Contractor shall be responsible for any claims made against the Owner, its agents and employees for any actual or alleged infringement of patents by the use of any patented articles, appliances, etc., in the construction and completion of the work, and shall save harmless and indemnify the Owner, its agents and employees from all costs, expenses, and damages, including attorney's fees which the Owner may be obliged to pay by reason of any actual ar alleged infringements of patents used in the construction and completion of the work herein specified. 00700.15 PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the worlc shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for CGS gas mains and services classified as CGS permanent structures or permanent changes in existing facilities will be secured and paid far by the Owner, unless otherwise specified. Contractor will also be responsible for obtaining gas permits related to house piping connections to gas meter if required, and maintenance of appropriate trade licenses to perform the specific scope of work described in this contract, including consumer's underground house piping and gas meter relocation piping and connections. They also will be noted as contractor of record on the applicable permits. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 42 Item # 12 Attachment number 1 \nPage 5 00700.16 LAWS AND REGULATIONS The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ardinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiar with all Federal, State, Local, and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereo£ The Contractor shall be licensed in the required discipline of installing gas mains, services and underground customer piping systems. 00700.17 DIMENSIONS AND ELEVATIONS Figured dimensions on drawings shall take precedence over the measurements by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make all necessary final clarifications. 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS The specifications are intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requirements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be corrected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the shop drawings, they shall be 43 Item # 12 Attachment number 1 \nPage 5 promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and specifica�ions. No deviation from the plans and specifications shall be approved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall malce any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS The successful General Contractar shall be entitled to receive from the Owner six (6) free sets of Contract drawings and specifications. 00700.20 WORHING SCHEDULES AND PROGRESS CHARTS The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertalce the construction. A schedule will include anticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. All worlc provided to the contractor, including service lines shall be scheduled within a 72 hour turn around; emergency wark will have an immediate response. FDOT, County and Municipal permit utilization right of way and road crossing permit installations shall be prioritized to recover from the delay associated with obtaining the permit. Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end of each month. These progress charts will be used in preparing the monthly estimates to the Owner. The contractor shall furnish an electronic copy of the daily work schedule in advance of the work being done preferably prior to the beginning of the work day. Copies include Construction Inspection, Gas Sales and Senior Account. 44 Item # 12 Attachment number 1 \nPage 5� 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Contractor shall at all times have an OQ competent superintendent, capable of reading and tharoughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good, safe and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) attributable to bodily injury, sickness, disease or death, or to injury to ar destruction of � tangible property (other than the work itself), including the loss of use resulting there from and, (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water well. Privies shall have incorporated therein metal containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. 45 Item # 12 Attachment number 1 \nPage 5 Any instructions, directions, or orders from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 00700.22 SERVING NOTICE Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 00700.23 AUTHORITY OF ENGINEER The supervision of the execution of this contract is vested wholly in the Contractor. In the event the Owner has engaged the Engineer to represent him during the construction phase the order, instructions, directions, or requests of the Owner are to be given through the Engineer. The Engineer shall transmit them promptly to the Contractor as coming from the Owner and originating in the Owner. The Contractor shall designate a representative to receive such instructions, directions or requests in his absence, and failing to do so, will be held responsible for the execution of them. The Owner shall have the sole authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to carry out orders given to perform any or all provisions of the contract. The Contractor shall not suspend the work and shall not remove any equipment, tools, lumber or other materials without the written permission of the Owner. The Engineer has no responsibility regarding the Contractor's safe prosecution of the work or his compliance with any applicable safety codes or regulations. 00700.24 OBSERVATION OF THE WORK The Owner or his authorized representative-CGS inspector shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. The contractor shall furnish to CGS a daily work schedule and list of completed jobs. The notification shall be sent before the start of the work day and a distribution list shall be provided with necessary updates. After written authorization to proceed with the work and the Engineer has been engaged to act as the Owners representative, the Engineer shall: A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of 4 6 Item # 12 Attachment number 1 \nPage 5� the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construc�ion worlc in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only far conformance with the design concept of the project and compliance with the information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in accordance with the plans and specifications. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the worlc has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final payments will be as specified elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents, and recommend in writing final payment to the Contractor. 00700.25 EXAMINATION OF THE WORK The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the worlc done by the Contractor. It is the Contractor's responsibility to perform the work in all details in 4 � Item # 12 Attachment number 1 \nPage 5 accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure to do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite ar otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractar shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the wark and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 00700.26 PROTECTION OF WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all his wark from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall malce good any such damage, injury, or loss, except such as maybe directly due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and 48 Item # 12 Attachment number 1 \nPage 5 maintain all passage ways, guard fences, lights, and other facilities far protection required by public authority or local conditions. From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations, shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractar shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of said work shall be considered as having been included in the unit prices submitted for the several items of the work to be done under this contract. 00700.27 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 00700.28 THE OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 4 9 Item # 12 Attachment number 1 \nPage 5 00700.29 ALTERATION OF PLANS The Engineer reserves the right to make such alterations in the plans or in the character of the work as may be considered necessary or desirable from time to time to complete fully the construction of the work, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. No alterations in the plans ar in the character of the work shall be made without the previous written approval of the Engineer and/or Inspector. 00700.30 UNAUTHORIZED WORK Work done without lines and grades being given, and gas pipe instal]ed shallow or contrary to code requirements, and work done beyond the lines and grades shown on the plans or as given, except as herein provided, or any extra work done without written authority, will be considered as unauthorized and at the expense of the Contractor and will not be accepted or paid for by the Owner. The Owner may order that work so done be removed and replaced at the Contractor's expense. 00700.31 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involves extra cost under this contract, he shall give the Owner written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. 00700.32 CHANGES IN THE WORK If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work specified, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of worlc other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall there by accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. so Item # 12 Attachment number 1 \nPage 6� All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul the obligations of the contract or the agreement for the work. Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work shall be classed as extra work. 00700.33 EXTRA WORK/INCREASED COMPENSATION The Owner may at any time, by a written order, without notice to the Sureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) By unit prices named in contract and subsequently agreed upon. (b) By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. 00700.34 SUSPENSION OF WORK The Owner shall have the right to suspend the whole or any part of the work, when, in the opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of the contract and specifications. If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of damage to any part of the construction by proceeding with the work during unfavorable weather or other conditions, then the Owner shall immediately verbally notify the Contractor or his representatives on the site confirming the same in writing. The Owner may thereupon suspend the work temporarily, either wholly ar in part for such periods as may be necessary on account of s1 Item # 12 Attachment number 1 \nPage 6 conditions unfavorable for the safe and proper prosecution of the work. In case of such suspension, a proper extension of time may be required by the Contractor but, regardless whether it is granted or not, no allowance will be made of the Contractor far any expense resulting there from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages, loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a suspension in the work of either this Contractor or any Contractor engaged on this project. It shall be clearly understood that the failure of the Owner to so advise shall not relieve the Contractor of his responsibility for compliance with the conditions of the contract. Should the Contractor fail to comply with any orders of the Owner relative to any particular parts of the work, the Owner shall have the right to suspend the worlc on any or all parts until its orders respecting the particular parts are complied with. In case of such suspension, which shall be considered due to the fault of the Contractor, no extension of time shall be given and no allowance will be made for the expense of the Contractor on account of idle equipment or forces during the terms of such suspension. 00700.35 DEFECTIVE WORK OR MATERIALS If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Owner as unsuitable or improperly done shall be removed and repaired or otherwise remedied, as the Owner may require. Any defective work regulated by an established OQ covered task shall require the individual, responsible for such failure, to be OQ recertified prior to performing such covered task. If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. 00700.36 ABANDONMENT OF WORK Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby authorized and empowered to pay any workmen who may have been employed by the Contractor, for work done, and to pay any claims against the Contractor for material furnished, out of any funds that would otherwise be due or become due the Contractor under this Contract, and in every such case the Owner is hereby authorized and empowered to ascertain the amount or amounts so due or owning to the workmen, or for materials so furnished; and the amount or 52 Item # 12 Attachment number 1 \nPage 6 amounts so found to be due and payable, shall be final and conclusive against the Contractor, and may thereafter be paid by the Owner to said labor, or to liquidated claims for materials furnished; and any partial or final payment may be withheld from the Contractor until all such claims for labor or material on his Contract have been satisfied. 00700.37 FORFEITURE OF CONTRACT The Owner, at any time during the continuance of the contract for the work herein provided for, and prior to the date of acceptance of the work as hereinafter provided, shall have the right and power to declare the whole or any part of the same forfeited for the violation of any of the conditions, terms, requirements, or limitations herein contained, or if the performance of the Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with the work as fast as is necessary to insure its completion within the time speciiied and as required by his Contract, ar if the Contractor is showing bad faith in carrying out the Contract, or if the work not be fully completed within the fixed time in this Contract for its completion, or within the time to which such completion may be extended as hereinafter provided, or further, if the Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any particular, such declaration of forfeiture shall in no way relieve or affect the liability of the Contractor and his Sureties for breach of any of the covenants and conditions of said Contract. 00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon determining that sufficient cause exists to justify such action, may, without prejudice to any other right or reinedy and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the eXpense of finishing the wark, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. 53 Item # 12 Attachment number 1 \nPage 6 00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make timely payments for completed wark, then the Contractor may, upon seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover from the Owner payment for all work executed and any ]oss sustained upon any plant or materials and reasonable profit and damages. 00700.40 NO WAIVER OF CONTRACT Neither an extension of time, for any reason, beyond the date fixed herein for the completion of the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for, nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right to abrogate this Contract for abandonment or delay or non- performance in the manner herein provided, nor shall it operate to void or annul any of the terms of this Contract. 00700.41 NO ESTOPPEL Neither the Owner, nor any agent or officer thereof shall be precluded or estopped by any return or certificate made or given by the Owner or other officer, agent or appointee of the Owner under any provision of this ageement at any time, either before or after final approval and acceptance of the work and final payment therefore, from showing the true and correct amount and character of the work done and materials furnished by the Contractor or any other person under this agreement or that any such return, or certificate, is untrue and incorrect or improperly made in any particular, or that the wark and materials, or any part thereof, do not, in fact, conform to the specifications and Contract Drawings, and the Owner shall not be precluded or estopped notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specification and Contract Drawings. 00700.42 TIME FOR COMPLETION Work on this Contract shall be commenced on a date specified in a written order of the Owner. The work shall be carried on with such force and in such manner and order and at such points that within the time limit designated in the Contract, or as may be modified or extended as hereinafter provided, and as computed from the date stated in the notice to commence work, the whole work and its parts shall be performed in accordance with the terms of this Contract. 00700.43 COMPLETION OF WORK DEFINED s4 Item # 12 Attachment number 1 \nPage 6� The time for the completion of the herein specified work is defined as that state when, in the opinion of the Owner or his authorized representative, all the work required to be performed under the terms of the Contract plans, specifications and extra work orders has been completed and the entire facility including appurtenances is ready for continuous permanent use for the purpose intended. After this date there may still remain some cleaning up of Contractor's plant or minor work and/or adjustments, which do not prevent the permanent use of the project. 00700.44 DELAYS AND EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No claim for increased compensation shall be paid for delays. No such extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one claim is necessary. 00700.45 LIQUIDATED DAMAGES It is mutually agreed by and between the parties hereto that time is an essential part of this Contract, and that, if the Contractor shall fail to complete the work or any part thereof within the time fixed in the Contract, the Owner will suffer damages the amount of which cannot reasonably be determined at this time, and therefore agree that the Owner may retain as liquidated damages incident to such delay, from the monies that are or which may become due said Contractor, such sum per day as specified in the Proposal for each and every calendar day the completion of the work be delayed beyond the time specified herein for such completion. In addition to liquidated damages indicated herein, the Contractor will be responsible for additional costs of construction phase engineering services caused by his failure to complete work within the time specified. 00700.46 PRICES The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein contained or hereto annexed, as full compensation for furnishing all the equipment and materials, and performing all the labor which may be necessary in the prosecution of the work required to provide the complete facility as defined in this Contract. 55 Item # 12 Attachment number 1 \nPage 6 00700.47 PARTIAL ESTIMATES AND PAYMENTS If the work progresses according to this Contract, the Owner will make partial payments to the Contractor each month on the basis of a confirmed estimate of the work performed during the preceding calendar month by the Contractor. Upon such estimate being made and confirmed and approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the amount established in such an estimate as the value of the work completed. Such payment shall be considered, however, only as an advance payment and not as part of the iinal payment to the Contractor; and the Owner may at all times reserve and retain out of any or all of the said partial payments all such sums as it is or may be authorized to reserve or retain. It is understood and agreed that, should the Owner at any time during the progress of the work consider the amount withheld on monthly estimates of payment to be in excess of the amount necessary to complete the work or necessary for the full and ample protection of the Owner, then the Owner, may reduce the percentage retained to an amount sufficient for the Owner's proper protection. No estimates given, nor payments made, shall be conclusive of the performance of the contract either wholly or in part, and no estimates, payments ar certificates of final payment shall be construed to be an acceptance of inferior or defective work or materials. 00700.48 PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect himself from loss on account of: 1. Defective work not remedied. 2. Claims filed or reasonable evidence indicating probable filing of claims. 3. Failure of the Contractor to make payments promptly to subcontractors, or for material, labor or equipment. 4. A reasonable doubt that the Contract can be completed for the balance, then unpaid. 5. Damage to another Contractor. 6. Failure of Contractor to clean-up or restore the project site or rights-of-way. 7. Insolvency of Contractor. 8. Manifest intent of Contractor not to proceed diligently or to complete this contract. 56 Item # 12 Attachment number 1 \nPage 6� When the above grounds are removed, payment shall be made for amounts withheld because of them. 00700.49 LIENS AND FINAL PAYMENTS Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all administrative costs and a reasonable attorney's fee. The final payment shall not become due and payable until the Contractor shall have furnished the Owner with satisfactory evidence that all labor, materials, outstanding claims and indebtedness of whatsoever nature arising out of the performance of the Contract have been paid, and until the Contractor shall have furnished a written statement to such effect executed by Contractor and Sureties, which will further provide that payment to the Contractor of the final estimate shall not relieve any Surety of its obligation to the Owner as set forth in the Surety Bonds. Where one or more claims against the Contractor which are in controversy appear unsatisiied, the Owner shall have the discretion to direct final payment to be made, or a partial payment to be made from the retained percentage, should it be determined that the withholding of the entire final payment would work a hardship on the Contractor or delay the final payments of other Contractors or subcontractors on the project. In such cases, the Contractor and Sureties shall provide the evidences and statements required under this paragraph, but shall itemize the claims which remain unsatisfied, giving the reason therefore, and the statements of the Surety Companies shall provide that the final payment or partial payment, as the case may be, shall not relieve any Surety of any obligations to the Owner as set forth in the Surety Bonds. If only partial payment from the retained percentage is permitted under this paragraph, the final payment shall not be made until the Contractor shall have furnished satisfactory evidence and a statement from the Surety that all claims against the Contractor have been paid and that payment to the Contractor of the contract balance shall not relieve the Surety of any of its obligations to the Owner as provided in the Surety's Bond. 00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK Following the completion of this Contract, as such completion is defined in the Specifications and as soon thereafter as practicable, the Owner, his representative or the Engineer will review the work and will make a final estimate of the amount and value of work done by the Contractor. If the said work appears to be satisfactory and appears to be done in accordance with the provisions and terms of the Contract Documents, the Owner, upon notice of completion from his s� Item # 12 Attachment number 1 \nPage 6 representative, and within forty-five (45) days after the final estimate of wark is made and confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the work done under this Contract less any amounts previously paid and less any advances whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance will, however, be in all events conditional upon the subsequent remedying by the Contractor of defects in workmanship or materials which may become apparent within a period of one (1) year (or a longer period as required elsewhere in the Contract Documents) following the date of acceptance as herein required. In the event the Owner refuses or declines to certify the work as completed and accepted and make final payment therefore within forty-five (45) days after notice and certification, the Owner shall immediately set forth in writing to the Contractor the reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have been removed, the Owner shall execute the iinal certificate of completion and acceptance and shall make final payment. The certification of completion and acceptance of the work will be a prerequisite to final payment hereunder. All prior estimates and payments, including those relating to extra work, shall be subject to correction or adjustment by the final cost estimate. Such final payment, however, shall not serve as a release of the Contractor or of his Sureties from the previously required guarantee against defects in Contract performance for a period of one (1) year following the date of acceptance of the work by the Owner. The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and shall be a release to the Owner and to the Engineer and every member and agent of both said parties from all claims and liabilities to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or the Engineer or of any person relating to or effecting the work, but this final payment shall not relieve the Contractor from his indemnity, guarantee and/or warranty obligations under the terms of the Contract. As soon as is practicable after twelve (12) months have elapsed from the date of completion as herein defined, the Owner shall make a review and re-inspection of the work and performance of this contract, or cause the same to be made. If the said performance and worlc shall be found satisfactory and work not to have deteriorated through defects in workmanship or materials, then the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If, however, the review and re-inspection, or any prior inspection, discloses defects due to the non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or replace and shall make good all defects in worlcmanship, materials, and guarantee, and shall rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the work by the Contractor, in which case completion by the Owner and the payment of claims for material and labor and other expense as provided in such procedures, shall be a prerequisite to the release of the Surety on the Bond for Performance of Contract. 58 Item # 12 Attachment number 1 \nPage 6 Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as practical, as hereinbefore provided, following a re-inspection, and provided further that any repairs necessitated by defects in materia] or workmanship as determined by the Owner in the re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his Sureties and all parties hereunder. 59 Item # 12 Attachment number 1 \nPage 6 SECTION 00800 SUPPLEMENTARY CONDITIONS 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL The provisions of this section amplify, amend, change and/ar add to all other provisions of the Contract Documents. In the event of a conflict between these Supplementary Conditions and any other Sections of the Contract Documents, the Supplementary conditions shall apply. 00800.02 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the %llowing materials: piping (carrier and casing); valves and valve boxes; concrete valve rings; fittings; tracer wire; marker tape; marker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by CGS. The contractor shall provide all other materials necessary to complete the work. The contractor shall be responsible for all materials disbursed including accurately inventory of such materials. Contractor shall provide a trailer capable of transporting 40' or longer ]engths of polyethylene pipe without damaging pipe. 00800.03 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit and the Florida Department of Environmental Protection Dredge and Fill Exemption. The contractor is responsible for obtaining any necessary permits with gas meter relocations and shall be listed as the contractor of record for underground gas house piping installations. 00800.04 JOINING OF PLASTIC PIPE In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior approval from Clearwater Gas System to use electric fusion couplings. If electric fusion couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner. The Contractor shall provide either an Central, Innogaz or Friatec universal electro fusion control boX, capable of staring a minimum of 100 fusion records, pipe alignment clamp, tapping tee alignment clamp, tapping wrench, pipe scraper, and all other tooling specified by the Electro Fusion machine manufacturer in their respective installation procedures. Contractor shall provide the necessary power supply to meet the power requirements as specified by the manufacturer of the fusion equipment. Pipe support stands shall be utilized to support pipe during fusion joining, directional boring pull in, and while ]owering of the pipe into the trench. Pipe support stands shall not be spaced greater than 15' apart for directional boring pull 6o Item # 12 Attachment number 1 \nPage 7� in. Pipe shall be supported with stands at all time it is placed on pavement to avoid scratching the pipe surface. The Contractor shall provide a pyronometer capable of testing the temperature of the heating iron, while at fusion temperature, to an accuracy of 0.5% (±3°F). The fusion temperature of the heating iron shall be verified each morning in the presence of the CGS Inspector. More frequent testing may be required at the discretion of CGS Inspector. Note: All equipment must be in good working order and properly maintained during project installation. The CGS will inspect the preceding items and reject those not in compliance. The CGS shall have the right to reject any or all equipment judged inadequate to properly fuse Polyethylene Pipe and its Fittings. 61 Item # 12 Attachment number 1 \nPage 7 SECTION 00900 ADDENDA (Insert Addenda here) 62 Item # 12 Attachment number 1 \nPage 7 SECTION 01000 GENERAL REQUIREMENTS 01000.01 TRAFFIC CONTROL The Contractor shall maintain trafiic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen are used. The Contractor will not be permitted to isolate access to residences or places of business. Trafiic on County roads and State highways shall be controlled in accordance with the current standards of the appropriate agency. The contractor shall only utilize Florida certified Maintenance of Traffic (MOT) personnel when installing and maintaining approved work zone maintenance of traffic devices. No roadway shall be closed without proper advanced notification to Clearwater Gas System and the authority having jurisdiction, such as local police and fire. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work force personnel and the safety of the traveling public for the duration of the construction period. 01000.02 MATERIALS, EQUIPMENT AND LABOR Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and any other facilities necessary for the proper execution and completion of the work. Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish satisfactory evidence as to the lcind of and quality of materials. Before any contract is awarded the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials or equipment to be used in the work, together with samples, which samples may be subject to tests provided for in these specifications to determine their quality and fitness for the work. All materials and all workmanship shall be of good quality and meet specification requirements. Failure of the Owner or Engineer to request material, samples or conduct tests on the same does not relieve the Contractor of responsibility to furnish the material as specified. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the worlc in an acceptable manner at a satisfactory rate of progress so as to insure completion by the date set farth in the Contract. The equipment used on any portion of the 63 Item # 12 Attachment number 1 \nPage 7 work shall be used in such a manner so as not to endanger the lives of the operators or others, nor cause damage to adjacent real property, roadways, structures, or any other property whatsoever. 01000.03 PROGRESS PHOTOGRAPHS The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as directed by the Owner, showing the job, before, during and upon completion of the construction. Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions encountered during construction. 01000.04 STANDARDS Wherever in these Contract documents reference is made to any of the following, or other, specifications, codes, standards, and requirements, by abbreviation or name, it shall be understood that the specifications, codes, standards, and requirements in effect on the date of advertisement for bids shall govern. ASTM ASME ASA AWWA NEMA AIEE AASHTO NBFU NEC ACI AGA AISC AWPA Fed. Spec. SBC FDOT NFPA 54 IFGC FBGFG American Society for Testing Materials American Society far Mechanical Engineers American Standards Association American Water Works Association National Electric and Manufacturers Association American Institute of Electrical Engineers American Association of State Highway and Transportation Ofiicials National Board Fire Underwriters National Electric Code American Concrete Institute American Gas Association American Institute Steel Construction American Wood Preservers Association Federal Specifications U.S. Government Southern Building Code Florida Department of Transportation National Fuel Gas Code International Fuel Gas Code Florida Building Code Fuel Gas "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY 64 Item # 12 Attachment number 1 \nPage 7� The Owner shall provide the land upon which the work is to be done, with right of access thereto unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate requirements of space and land for the erection of temporary construction facilities, of�ce, and storage of materials. Should the Owner decide that the site of work is insufiicient for such temporary facilities, the Contractor will be required to arrange for such additional space and land as may be necessary at his expense. The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of his wark. In underground utility work all materials required in the work may be stored on the sides of the roadway or parking area of the street in which the utilities are to be constructed, as approved by the Owner and/or municipality having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly piled in such manner as to cause the least inconvenience to the property owners and the traffic. Material shall be stored outside of the "Clear Zone" of roadways. All iire hydrants must at all times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered. The materials shall be stored so as to insure the preservation of the quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces and shall be placed under cover as directed. Stored materials shall be located so as to facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private or public property shall not be used for storage purposes without the written permission of the Owner. 01000.06 UTILITIES The Contractor shall have the complete responsibility of coordinating his work with the owners of the various utilities now existing or to be constructed within the limits of this project so that a minimum delay in the construction shall occur there from. 01000.07 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall comply with the State of Florida Trench Safety Act and the City Of Clearwater Trench Safety Regulations. 01000.08 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval 65 Item # 12 Attachment number 1 \nPage 7 of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. 01000.09 BY-PASSING OF SEWAGE The Contractor shall schedule his work so as to either minimize or completely eliminate any by- pass of raw sewage during construction. 01000.10 DEWATERING AND SEWAGE PUMPS In general, all pumps utilized by Contractor during construction shall be electric motor driven. Internal combustion engine driven pumps may be used for a particular application only upon approval of the Owner. 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING The Contractor shall employ a competent surveyar satisfactory to the Owner to lay out the work from the bench marks, grades, dimensions, points and lines noted on the working drawings, established at the site, or supplied by the Engineer. Cost of lines, grades and construction surveying shall be paid for by the contractor. All work of every description shall be laid out and checked by the Contractor who will be held solely responsible for its correctness, and all expenses in connection with this work shall be paid for by the Contractor. In the event batter boards are used the maximum allowable interval for construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00 percent (1%) and fifty (50) feet for grades of 1.00 percent (1%) and over. The work may be checked by the Owner and, in the event of discrepancy, his decision shall be final. No special compensation will be made to the Contractor to defray costs of any of the work or delays occasioned by making surveys and measurements, tests or inspections, but such costs shall be considered as having been included in the price stipulated for the several items of the work to be done under this contract. 01000.12 TESTS Tests of material, where required by the specifications, shall be paid far by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory 66 Item # 12 Attachment number 1 \nPage 7� documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. Steel Pipe Inspection Radiography Using X-Ray and Gamma y Ray on Welds - Radiography is one of the most useful of the non-destructive tests which can be applied for assessing the quality of the welded joints. Radiograph has been used for the inspection of welds of all types and thicknesses ranging from minute welds in electronic components to welds up to half ineter thick employed in heavy fabrications. All potential welder operating on CGS facilities shall be weld tested by both destructively and non- destructively methods of evaluation. Welding certification is limited to 6 months before requalification is required Radiography can detect flaws or discontinuities in welds such as: (i) Cracks. (ii) Porosity and blow holes. (iii) Slag, flux or oxide inclusions. (iv) Lack of fusion between the weld metal and the parent metal (v) Incomplete penetration 01000.13 WATER AND ELECTRIC POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the several items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main. The Contractar shal] make his own arrangements for electric light and power, as may be required for his work. Electric light and power and water shall not be utilized from any location without written consent of the property owner. 01000.14 MONUMENTS AND LANDMARKS Monuments or landmarks shall not be molested or removed by the Contractor or any of his employees without written consent of the Owner. Any monument or landmark so removed will be replaced by the Owner at the expense of the Contractor. 01000.15 DETOURS The Contractor must so schedule his work that in no case are two adjoining parallel streets closed for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The 6� Item # 12 Attachment number 1 \nPage 7 Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and maintaining "Detour" signs when required, or when directed by the Owner. The local fire department and 911 dispatch center shall be notiiied of any street closures in advance of such closure. 01000.16 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract; per OSHA 1026.651 01000.17 SANITARY MEASURES Sanitary conveniences for the use of all persons employed on the work shall be provided and maintained by the Contractor in sufficient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations in regard to these matters. 01000.18 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste material. Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition. 68 Item # 12 Attachment number 1 \nPage 7 01000.19 FAILURE TO CLEAN UP Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. 01000.20 RESTORATION OF SURFACE The Contractor shall replace all surface material, and shall restore paving (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks, sound brick, or asphalt paving blocks may be reused. Restoration work should be expedited. 01000.21 PROJECT RECORD DRAWINGS (AS- BUILTS) The Contractor shall maintain continuous "record" data for the project, including accurate records of location, ]ength, and elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide speciiic information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of the job site, the Contractor shall deliver to the City Engineer or CGS the Owner a professional type drawings of completed work, with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for GAS mains and service lines shall include the location of valves, tees, and offsets dimensions to the nearest permanent objector monument two road centerline measurements. Information to be shown on a submitted as built or service line installation card shall include the distance to the nearest cross street center line, length of service line, measurement from building corner, a north arrow and building number served. The Contractor will be held responsible for the accuracy of such data and shall bear any monetary costs incurred in finding gas utilities as a result of incorrect data furnished by the Contractor. 69 Item # 12 SECTION 02005 MOBILIZATION ':. ► ._:__ 1.01 WORK INCLUDED Attachment number 1 \nPage 7 A. The work specified under this Section consists of the preparatory work and operations in mobilizing to begin work on the project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), and far the establishment of temporary ofiices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by these specifications, special provisions and state and local laws and regulations. B. The cost of bonds and any required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. PART 2 - PRODUCTS A. Not Applicable PART 3 - EXECUTION A. Not Applicable PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Mobilization for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. �o Item # 12 Attachment number 1 \nPage 8� SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work included under this Section consists of clearing, excavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. PART 2 - PRODUCTS 2.01 BEDDING MATERIAL A. Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock or similar material as approved by the Owner's Representative. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other iine inorganic material as approved by the Owner's Representative. 2.02 ADDITIONAL BACKFILL MATERIAL A. Additional backfill material shall be a noncohesive, nonplastic granular miXture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocics shall be larger than 6-inches in diameter, and when placed within 1-foot of piping and appurtenances stones or rocks shall be no larger than 2-inches in diameter (1-inch for PVC). PART 3 - EXECUTION 3.01 CLEARING A. The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored, or otherwise protected, preserved and restored unless otherwise directed by the Owner's Representative. 3.02 EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substances encountered, to the dimensions and depth shown on the Drawings, or as directed. The contractor shall employ an OSHA competent person at each excavation site to promote safe excavation practices. All excavations shall be �1 Item # 12 Attachment number 1 \nPage 8 made by open cut. All eXisting utilities such as pipes, poles and structures shall be carefully supported and protected from injury, and in case of damage, they shall be restared at no cos� to the Owner's Representative. B. Trench walls shall be kept to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level 2-feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner's Representative approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated material. A substantially and safely constructed movable trench box shield, "box" or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8- inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8- inches below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private property. In congested areas, �2 Item # 12 Attachment number 1 \nPage 8 such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. I. Suitable material in excess of backfill requirements and all unsuitable material shall become the property of the Contractor and shall be removed from the work and disposed of by the Contractor at his expense. J. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limits of the project as directed by the Owner's Representative. The disposal area shall be finish graded upon completion of the work. 3.03 REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water befare pipe ar structures are installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction. B. The Contractor shall provide all necessary pumps, underdrains, well-point systems, and other means for removing water from trenches and other parts of the work. The Contractar shall continue dewatering operations until the backfill has progressed to a sufiicient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. CGS is not responsible for, or the disposal of, or any associated costs relating to the disposal of any contaminated ground water. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner's Representative for approval and shall receive approval before starting the excavation. 3.04 PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe barreL The resulting excavation shall be backfilled with approved pipe bedding materials, up to the level of the lower one- third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate �3 Item # 12 Attachment number 1 \nPage 8 support and bearing under the fitting. Bedding material for piping shall be pea rock, drainfield lime rock, or similar materials as approved by the Owner's Representative. Lime rock screenings, sand or other fine inarganic material from the excavation may be used for bedding material when pipe is installed above the natural water table. B. Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no additional cost to the Owner's Representative. 3.05 BACKFILL UNDER MANHOLES AND METER VAULTS A. Any excavation below the levels required for the proper construction of manholes ar meter vaults shall be filled with Class I concrete. The use of earth, rock, sand or other materials for this purpose will not be permitted. 3.06 TRENCH STABILIZATION A. No claim for extras, or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shal] pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. 3.07 SPECIAL PIPE FOUNDATION A. General: When shown on the Drawings or when directed by the Owner, the Contractor shall provide the special type of pipe foundation in lieu of the pipe bedding as specified above and provide the additional excavation required. B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where directed by the Owner's Representative. Foundation material shall be crushed, graded, local limestone suitable for use as concrete aggregate. Gradation shall be such that 95-100 percent of the material will pass a 1-inch square opening laboratory sieve. Material shall be placed from 1-foot below the barrel of the pipe to 6-inches above the pipe and the width of the foundation material as placed around the pipe shall not be less than the outside diameter of the pipe, plus 12- inches. Construction of Type A pipe foundation shall be as shown or indicated on the Drawings. Foundation material shall be placed in the bottom of the trench and compacted to an elevation, which will provide iirm bedding for the full pipe length, after which material shall be placed and compacted evenly on both sides of the pipe and above the pipe to an elevation 6-inches above the top of the pipe barrel. Pipe shall not be displaced or damaged during placement and compaction of the foundation material. �4 Item # 12 Attachment number 1 \nPage 8� C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory material exists at the bottom of the trench, the Owner's Representative may direct the use of Type B Pipe Foundation. Only the pipe foundation ordered by the Owner's Representative will be paid for. Construction shall be in accordance with the details shown or indicated on the Drawings. Concrete shall be Class I. 3.08 BACKFILL A. Backiilling of utility trenches will not be allowed until the work has been approved by the Owner's Representative, pressure tested if required, and the Owner's Representative indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner's Representative shall be uncovered or exposed for inspection at no cost to the Owner's Representative. Partial backfill may be made to restrain the pipe during pressure testing. Sight tubes will be installed on underground house piping installations as appropriate intervals for inspection. B. Backfill material shall be noncohesive, nonplastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within 1-foot of piping and appurtenances shall not contain any stones or rocks larger than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6- inches in diameter will be permitted in any backfill. C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner's Representative will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. No payment will be made for additional backfill material used to replace nonplastic material (rock) over 6-inches in diameter. D. Selected backfill material containing no stone or rocks larger than 2-inches shall be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Particular attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E. After the backfill has been placed to a level 12-inches over the gasline waterline or force main pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. F. After selected backfill has been placed to a depth of 12-inches over the sewer pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the backf'ill material in 6-inch layers and thoroughly compacting it with mechanical �s Item # 12 Attachment number 1 \nPage 8 vibrators. Backfill in this portion of the work shall be compacted to 100 percent of maximum density of the material as hereinafter deiined, unless otherwise specified on the plans. G. After the backfill has been placed to a level 30-inches over the sewer pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backiilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. H. Within paved areas of trench excavation, the base and surfacing shall be reconstructed as speciiied under Section 02574 Pavement Removal and Replacement. I. No more than 800-feet of trench with pipe in place shall be partially backfilled at any time. J. Shut Down of Work: When work has shut down for each day, all lines shall be capped, sealed, and pressured to 90 pounds with air. When a Project is not immediately tied-in, plug and seal all openings in the pipe and maintain a minimum of 90 pounds of air pressure. If a pipeline is to be abandoned in place, then disconnect the gas supply source, purge all of the gas utilizing nitrogen for all gas lines exceeding I,OOO linear feet or 4" pipe size and larger; any length, from the abandoned system, and seal all of the ends. 3.09 COMPACTION AND DENSITIES A. Methods of control and testing of backfill construction to be employed in this wark are: l. Maximum density of the material in trenches shall be determined by AASHTO Designation T-180, unless otherwise noted. 2. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner's Representative, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor's expense. Tests will be made at depths and locations selected by the Owner's Representative. C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. � 6 Item # 12 Attachment number 1 \nPage 8� 3.10 ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner's Representative, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner's Representative and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this material shall be performed to protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of Article 3.04 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner's Representative. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the Owner's Representative and obtain his determination as to whether ar not the material will require removal, prior to preparing the pipe bedding. C. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in Article 3.08 Backfill. 3.11 ALTERNATE METHOD OF CONSTRUCTION A. General: 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner's Representative, may elect to employ the following alternate method of construction. The concurrence of the Owner's Representative shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner's Representatives shall determine. 2. The construction specifications contained in the preceding parts of this section shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory completion of the work. No additional payment will be made to the Contractor for excavation, backfill, �� Item # 12 Attachment number 1 \nPage 8 sheeting or any costs incurred for work ar materials, ar any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accardance with the following specifications. All requirements of Article 3.01 through Article 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. B. Removal of Water: The installation of pipe, manholes and appurtenances under water will be permitted and the requirements of Article 3.03 Removal of water will be waived. C. Excavation: 1. Excavation of pipe trenches to the level of the bottom of the proposed pipe bedding shall be performed in accordance with Article 3.02 Excavation. if rock, such as lime rock or other similar hard, cemented material providing firm, unyielding trench bottoms is encountered at the level of the bottom of the proposed pipe bedding, no additional excavation will be required. If materia] such as sand, marl, ar other material which cannot be classified as rock, as hereinabove defined, is encountered at the level of the bottom of the proposed pipe bedding, the pipe trench shall be excavated to an additional depth of 10-inches minimum, below that level. This additional excavation, and the additional back filling made necessary thereby, is an essential part of this alternate construction method and no additional payment will be made for this work, regardless of the type of material encountered. 2. Excavation for manholes to be installed under water shall be continued to a depth, below the outside bottom of the proposed structure, which will provide a minimum space of 12-inches in rock, or 24-inches in sand, as the same are defined hereinabove, for the placement of drainfield lime rock as hereinafter specified. 3. The excavation of pipe trenches at their junction with excavations for manholes shall be modified in the following manner: A longitudinally sloping, plane bottom surface, for the placement of pipe bedding material, shall be provided from the bottom of the manhole excavation, at its extremity, to a line of intersection with the bottom of typical excavation of 10-feet measured horizontally, from the vertical plane of the manhole excavation. �8 Item # 12 Attachment number 1 \nPage 8 D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be backf`illed to receive the pipe or manhole with drainfield lime rock as the same is commonly referred to in this area, up to the level of the ]ower one-third of the proposed pipe barrel, or to the outside bottom of the proposed manhole as applicable. This backfill shall be tamped and compacted to provide proper bedding for the pipe or manhole, as also specified herein. Under no circumstances will material other than drainfield lime rock be considered satisfactory for use as bedding material for underwater construction. E. Backfill: l. After the pipe is installed, backfilling shall proceed in accordance with the provisions of Article 3.08 Backfill, except that drainfield lime rock shall be used to back fill around the pipe and to a level even with the top of the pipe bell. Under no circumstances will material other than drainfield limerock be considered satisfactory for this purpose. 2. If the Alternate Method of Construction is used, all backfill material, including drainiield lime rock, shall be carefully lifted into the trench and released to fall freely therein when the bucket or container is at or just above water level. Under no circumstances shall backfill materia] be dumped or pushed into trenches containing water. Below the existing water level, backfill material shall be carefully rammed into place in uniform layers. Above the water level, backfill material shall be placed and compacted as specified in Article 3.08 Backfill and Article 3.09 Compaction and Densities. 3.12 RESTORATION OF EXISTING SURFACES A. Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. All materials required for temporary and permanent street repairs shall include base materials. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. � a Item # 12 Attachment number 1 \nPage 8 4.02 PAYMENT A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 8o Item # 12 Attachment number 1 \nPage 9� SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shal] be responsible for the protection of all types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. PART 2 - PRODUCTS 2.01 MATERIALS A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by the FDOT Specifications. L Lime rock shall be Miami or Ocala Lime rocic. 2. Bituminous prime coat material shall be cutback asphalt Grade RC-70. 3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2. 4. Asphaltic concrete shall be Type S-I or S-III. 5. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. 6. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A 185 and ASTM-A615. 81 Item # 12 Attachment number 1 \nPage 9 PART 3 - EXECUTION 3.01 PREPARATION A. Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, eXtreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. Contractor shall also make necessary accommodations to provide a safe path for handicap individuals traveling through the work zone, compliant to ADA. 3.02 PERFORMANCE A. Removals: 1. Pavement Removal: a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal shall be minimal. b. Immediately following the specified backiilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until final restoration. Said surfacing shall remain for 10 days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of final restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. 2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a farmed joint in the concrete is within 3-feet of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. 82 Item # 12 Attachment number 1 \nPage 9 B. Restorations: 1. General: Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum requirements. Backiill shall comply with the other sections of these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180. field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of 24- hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of 24-hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient existing material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. The completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. £ After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I asphaltic concrete shall be constructed in 83 Item # 12 Attachment number 1 \nPage 9 accordance with the plans or requirements specified above for pavement restoration. 3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as specified above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewallcs, walkways, driveways, driveway ribbons and curbs required to be removed far the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform �o the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of 4-inch minimum thickness; concrete driveways and driveway ribbons shall be 6-inch minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. 5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or cleanfill material and compacted to a thickness to match the existing base. a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner's Representative. Provision for expansion joints (minimum '/z" preformed joint filler) and saw cut joints shall be a part of the restoration work for the driveway and roadway. 6. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to the 84 Item # 12 Attachment number 1 \nPage 9� limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches of compacted lime rock base material placed in the top of the trench. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 85 Item # 12 Attachment number 1 \nPage 9 SECTION 02685 NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of all labar, services, equipment, materials, labor, testing and purging required to complete the construction of the gas mains and services; including meter sets and connection to the consumer's piping system with integrity testing performed of the customer' system and reinitiating of gas service; consisting of, but not limited to, piping, appurtenances and other accessories as shown on the Drawings and or specifications. PART 2 - PRODUCTS 2.01 MATERIALS A. Clearwater Gas System will furnish all gas related material in connection with the installation of gas mains and service lines. Materials will be available for pick-up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary for loading the materials supplied by the City of Clearwater. The CGS will not provide any items, unless specifically stated in the contract. The contractor is responsible for all materials obtained and must adhere to the requirements of contractor vehicle and warehouse audits. Contractor will be responsible for all shortages and monetary reimbursement is required. PART 3 - EXECUTION 3.01 LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itsel£ When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itsel£ While stringing lengths of pipe, a nylon sling shall be 86 Item # 12 Attachment number 1 \nPage 9� used in such a manner so as not to damage the pipe itsel£ Pipe shall not be dragged along the ground surfaces. 3.02 INSTALLATION A. Installation shall include excavation whether by trenching machine, backhoe, directional drilling, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The ward "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, no� less than one foot clearance will be permitted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Trench shall be free of debris, sharp rocks, etc., before adding the sand bed for the new gas main. Sand bed shall have a minimum thickness of 4" below and 12" above the gas main 2. Before each section of pipe is installed in the line, internal surface shall be suitably clean. 3. The pipeline shall be pigged_and safely purged prior to final acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be closed at night to prevent animals or foreign material from entering the pipe line or pipe section. Extreme care must be exercised when moving plastic pipe, support stands and rollers shall be used when fusing and lowering pipe into the trench or bore hole. POLYETHYLENE PIPE SHALL NOT BE DRAGGED ON THE GROiJND OR ON PAVED SURFACES. Support/Stands must be used at all time that pipe is placed on paved surfaces. 5. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not be tolerated. 8� Item # 12 Attachment number 1 \nPage 9 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum 36-inch depth of cover unless shown otherwise. No gas line shall be installed at a depth of less than 36 inches or greater than 48" inches below finish grade without written approval of the owner. Unless otherwise specified a minimum of 12 inches vertically and 24 inches horizontally shall be maintained between the pipe surface and other utility lines or adjacent foreign structures. In the event that it is not possible to maintain required vertical clearance from other structures, the Contractor shall case the gas main in steel pipe or plastic sheeting topped with concrete at the discretion of the CGS's inspector. 9. Width of ditch shall be no less than twice the pipe diameter. 10. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. ll. Plastic pipe must be installed so as to minimize shear or tensile stresses. 12. Pipe that has scratches, notches, cuts or any other abrasions that exceed 10°/o of the pipe wall thickness shall be disposed o£ The Contractor shall use pipe stands, rollers, spooling devices, or other means to avoid damaging the pipe during installation. Observe pipe during installation for scratches, gouges or other defects. If defects are present, remove and discard defective section of pipe. The CGS Inspector must be notified of all defects and subsequent repairs. 13. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches and labeled D 2513. 14. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains 4-inches or larger shall be marked by 4-inch wide non-metallic marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where 500 feet of pipe is laid between valves, empty test station valve boxes shall be installed over the gas main with tracer wire looped up every 500 feet. In commercially zoned areas, plastic marker poles with tracer wire 88 Item # 12 Attachment number 1 \nPage 9 looped up and attached may be substituted for gas test station type valve boxes with the inspector's approval. All tracer wire splices shall be made by the use of a direct bury splice kit, electric and duct tape connections are prohibited. Upon completion of the project, and before final payment, the contractor will perform the continuity check of the tracer wire to ensure and demonstrate to the CGS inspector that there are no separations, and the tracer wire can be used for locating purposes. The Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes, valve box concrete rings, marker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat, with the exception of directional drilling placement. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves, valve boxes, marker poles and test stations that are damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to be flush with final grade. Valves and Valve Boxes: Install valves and valve boxes plumb. All boxes shall be installed flush with the finished grade. Support valve box with prefabricated valve box rings or other approved formed and poured concrete material. Adequate backfill shall be placed around the valve boxes and valve extension boxes to prevent any damage or settlement to the pipeline that may be transferred to the pipe through the valve box. Protective sleeves shall be installed over fusion joints and extend through the valve boxes on the polyethylene valve installations. Plastic valves shall be restrained from torque with approved restraints. Gas valves shall be marlced by adhesive identification disks affixed to the permanent curb or the permanent pavement and marker poles installed if warranted for visibility. Valves shall be installed at the design marked locations. Valve supports are required for 2" valves and larger. Valves shall be installed with the operating nut on top, facing vertically up. CGS will not accept valves that are cocked or oriented in any direction except up. E. Prior to joining, all individual gas main lengths shall be swabbed. All gas mains shall be double pigged prior to initiation of gas service, but after joining has been complete. The pigs used shall be suitable for different size pipes and be designed for polyethylene pipe use. Any pig that could damage the pipe, such as wire brush type pigs suitable for steel pipe shall not be acceptable for use inside plastic mains. Only use of compressed air to drive the pig through the pipe shall be permitted. 89 Item # 12 Attachment number 1 \nPage 9 F. Marker Poles: As the pipeline installation has progressed and before completion, the Contractor shall install marker poles and posts at the locations designated by the CGS construction standard of not to exceed 500 linear foot intervals and prominent locations such as offsets and valve locations Bury the anchor end of all 5- foot posts approximately one- foot deep to attain a uniform height of 4- feet above ground exposure as recommended by the manufacturer and to promote safety in the line of sight. 3.03 QUALIFICATION OF JOINING PROCEDURES A. Joining procedures shall be in accordance with Section 192.283 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers, and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. D. The Operations Coordinator will furnish a copy of the manufacturers recommended Heat Fusion Joining Procedures Manual at the time of certification. Butt Fusions 1. All butt fusions must be performed by the person(s) qualified by CGS to butt fuse, as certified by testing pipe size category. Contractor's supervisor shall be present during all pipe fusions to insure that all required procedures are adhered to and to witness the quality of each joint. 2. Pipe fusion shall be conducted in accordance with the "Clearwater Gas System Polyethylene Gas Pipe Training Procedures", Ambient temperature shall be between 55° F and 90° F prior to pipe fusion; otherwise pipe shall be protected from direct sunlight and cooled down until the ambient temperature falls within the above temperature range. 3.04 QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct such evaluation initially and on an annual basis. Records shall be maintained of personnel qualified to make joints. NON-QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE 90 Item # 12 Attachment number 1 \nPage 1� ALLOWED TO PERFORM POLYETHYLENE JOINING. CGS fusion certifications shall remain in effect for up to one calendar year. C. Contractor employees and their sub contractors must meet the requirements and intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating to Operator Qualification issued on August 27, 1999 and effective with mandatory training to be completed by October 27, 2002 and continued knowledge, skills and ability training, hands on task assessments, to comply with the current OQ requirements. The Contractar shall furnish for review to the Operations Coordinator their current plan, so it can be reviewed for compliance. The Contractor must state in writing that their qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System's Operator Qualification Plan. The Contractor's Operator Qualiiication Plan must also explain how their employees have the ability to identify and safely react to natural gas related Abnormal Operating Conditions that may be encountered. 3.05 INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Operations Coordinator with concurrence of the Operations Manager. 1. CGS will have OQ certified; polyethylene qualified construction inspector r at the various gas construction job sites. The Inspector has the right to reject any fusions not meeting CGS requirements. The Contractor shall replace all fusions not meeting CGS requirements at his own expense. 2. The Contractor shall also designate a polyethylene qualified supervisor who will be present on site at all times to observe pipe fuser(s). 3. The CGS's Inspector will employ non-destructive testing methods on polyethylene fusions and reject all deficient fusions. The CGS inspector can request any amount of random fusion samples, cut away from a joined pipeline for destructive testing JOINING PLASTIC PIPE A. In general, all plastic joining shall be in accordance with American Standards Code for Pressu�e Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. 91 Item # 12 Attachment number 1 \nPage 1� C. Each heat fusion joint on plastic pipe must comply with the following: 1. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. 3.07 TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to 90 pounds per square inch for MD PE 2406, 150 lbs per square inch for HDPE 3408, or no less than the MaXimum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart-type pressure instrument, initially starting at the "0" increment mark and progressing to the testing increment, as testing medium is introduced. Test duration shall be a minimum of 24 hours and longer as required, depending on the complexity and developed length. A 24-hour test shall be placed on the entire system of mains prior to initiation of gas service. If a portion of the gas service has met the requirements of the leak test and it is possible for the other sections to be tested independently, then the CGS inspector or the designated representative of CGS may approve initiation of gas service for that portion. B. Each day's work shall be tied into the preceding day's work and tested overnight. A pressure-time clock gauge with a range no greater than 0— 200 psig. and in good working order shall be furnished by the Contractor. All testing shall comply with D.O.T. Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards." The location of the project along with the temperature at the time the test pressure is placed upon the pipe shall be recorded on the pressure chart. The pressure charts shall be given to the CGS inspector or the designated representative. In order to facilitate daily testing, appropriate testing apparatus shall be used. Leaks shall be repaired in a manner approved by the CGS or the designated representative of CGS before additional lengths of pipe that need to be tested are added to the main. C. Fusion joints shall be a one-half inch molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. D. Purging Pipes and Fittings: A combustible gas indicator shall be used when purging mains, services and house piping. When purging gas from abandoned lines, the air and the gas must be discharged aboveground at a minimum height of 8' above grade, and directed away from electric power lines or structures. When 92 Item # 12 Attachment number 1 \nPage 1� purging air from new lines, installation of a 5/8 service saddle and a grounded metallic riser is required at the end or within four (4) feet from each dead end on all new installations of pipe in order to purge air from all dead ends simultaneously. Release gas into new lines at a rate that will prevent formation of a hazardous mixture of gas and air or precede natural gas with a slug of inert gas, such as nitrogen provided by the contractor at no additional cost to CGS. E. If service lines are installed at the same time as the mains, then service lines shall be included in the testing of the mains. If service lines are installed after gas service has been initiated, then the Contractor shall test each service line individually to stand up to an air test of 90- psig. for thirty (30) minutes. If a leak is discovered, then the Contractor shall immediately make the appropriate repairs, in a method approved by the CGS inspector ar the designated representative of CGS. All existing service lines that are disconnected from the main temporarily shall be tested as if they are new lines before being placed back into service. The pressure shall not decrease during the test period. Air pressure shall be held until after soap testing. Soap test the service connection by brushing/ spraying an approved liquid leak detection solution around the tapping tee base at the main, both ends of the outlet coupling, the outlet connection of the excess flow valve, and the pipe to riser connection in the customer's yard or business location, and at the meter valve inlet and outlet. If any leaks appear, the CGS's Inspector will direct appropriate repair procedures. INSTALLATION - SERVICES Service Lines Connected to a Polyethylene Main. All hot taps shall be made by qualified fusers using self-tapping tees Contractor shall install tapping tees at the locations marked by CGS. Bell holes shall be excavated, if installing the gas mains by boring methods, at each tapping tee installation site to provide an adequate wark area for installation and inspection of tapping tees. The tapping tees shall be installed in accordance with the CGS Procedures by the person(s) qualified by CGS to install tapping tees. All tapping tee fusions must be left open to be inspected by the CGS Inspector. TAPPING TEES SHALL ONLY BE INSTALLED ON THE TOP OF MAIN 2. The main shall be tapped after the tapping tee fitting and final connections has cooled for the time period specified by the manufacturer and the service line has been soaped and pressure tested. The manufacturer supplied tapping wrench or fitting shall be the only tool used for turning the tapping tee cutter to avoid tapping the backside of the main or loss of the cutter into the main, allen wrenches shall not be used. 3. Mechanical Joints. Compression type mechanical joints to connect polyethylene pipe to steel pipe shall be designed for natural gas use and the gasket material in the coupling must be compatible with the polyethylene pipe. The coupling must 93 Item # 12 Attachment number 1 \nPage 1� be used in combination with an internal tubular rigid stiffener. The preferred method is the utilization of a transition fitting to allow a steel to steel connection using a compression dresser style coupling that can be readily restrained from pull out by a mechanical or welding a rod type clamping device. Joints shall be designed and installed to effectively sustain the longitudinal pull-out forces caused by contraction of the piping or by external loading. Compression couplings shall not be used in above ground installations. All mechanical joint connections shall be noted on the submitted asbuilt drawing, including the coupling manufacturer's pertinent information 3.08 ANTI-DRUG AND ALCOHOL PROGRAM A. The contractor agrees that it has in place, or will implement a drug and alcohol training and testing program for its employees that comply with the requirements of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199, Drug Testing Program for Pipeline Personnel. The Contractor further agrees to allow access to its property and records by the Human Resources Director, or appointed designee, of the Ci�y of Clearwater. The Contractor will permit representatives of state or federal agencies who monitor the compliance of Drug and Alcohol rules/regulations access to its property and records. The contractor shall furnish quarterly statistical reports to the Operations Coordinator. B. Said program shall provide pre-employment, random, for cause and post accident drug training and testing (alcohol for cause testing) for all of its employees as required by Federal regulations and who are assigned to perform services for Clearwater Gas System. C. The contractor shall attest in writing, under oath, the following: 1. That the contracting firm has an agreement with a drug testing laboratory certified by HHS/NIDA and an alcohol testing facility; 2. The name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing program; 3. That all employees of the contractor have been drug tested pre- employment; and 4. That all employees covered by the US Department of Transportation Regulation 199 receive random, for cause and post accident drug testing and alcohol testing for cause pursuant to such regulation. D. Prior to doing any work for the Clearwater Gas System, the contractor will submit a copy of their current Alcohol Testing Policy and Drug Testing Policy. This policy will be included in a response to the Request for Bid. 94 Item # 12 Attachment number 1 \nPage 1� PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Natural Gas Pipeline Installation for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. NATURAL GAS HOUSE (PIPING) PLUMBING DESCRIPTION It is a mandatory requirement of the Natural Gas House (Piping) Plumbing Section that the contractor possesses either a Master Plumbers certified or registered with the State of Florida and locally or a Gas Contractor license registered locally with either PCCLB or Pasco County Building Department, depending where jurisdictionally the work will be performed. The work to be performed shall consist of furnishing all necessary labor, tools, equipment, materials, pipe & fittings, supplies, manufactured articles, power, and essential customer communication, labor, and other operations necessary for the modification of existing natural gas house plumbing to accommodate relocation of gas meters including: obtaining required permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer piping from a new location and, subsequent pressure testing — leak check (Drop Test- utilizing a manometer))of the entire house gas plumbing system, and passing required inspections. CGS will reserve the right to mandate the turning on the gas and relighting the applicable appliances. Contractor shall immediately notify CGS dispatch of the "on gas" and complete the required paperwork, including the drop test form, and submit, no later than the following business day. The work shall be complete and performed in strict accordance with the Contract specifications, and in compliance with all applicable codes, CGS requirements, Florida Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper 95 Item # 12 Attachment number 1 \nPage 1� construction of the worlc in good faith, shall be perfonned, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipe fitters and plumbers shall be licensed qualified and thoroughly trained and experienced in the skills required, and shall be completely familiar with the design and application of work described. EXISTING GAS HOUSE PIPING (PLUMBING) The modification of the existing gas house piping plumbing shall be performed by the contractor only after receiving written approval from the CGS construction inspector. With the inspector's authorization the Contractor shall perform all modifications required for gas meter set clearance code compliance of existing natural gas plumbing. The Contractor shall remove and dispose of all abandoned existing gas plumbing piping. The Contractor shall not cut into the existing gas plumbing until the CGS inspector verifies the new meter stub-out location. TESTING Contractor shall pay for all testing and retesting required to show compliance with the Contract Specifications, Codes, Regulations, and all other applicable laws. A. CUSTOMER SYSTEM PRESSURE TEST The Contractor will conduct leakage tests at one and half times the gas delivery pressure for minimum time of 15 minutes on the new completed gas plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. B. CODE COMPLIANCE TESTING: Before turning gas on Before gas is introduced into a system of gas piping, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped. C. LEAK DETECTION METHODS The leakage shall be located by means of an approved gas detector, a noncorrosive detection fluid or other approved leak detection methods 96 Item # 12 Attachment number 1 \nPage 1� The following is an approved procedure for leak testing customer piping systems: Leak tests are required any time there is an interruption of service meaning the flow of gas was stopped for any reason. Florida Fuel Gas Code 406.6.3 (NFPA 54 -8.2.3) states that "Immediately after the gas is turned on into a new system or into a system that has been initially restored after an interruption of service, the piping system shall be tested for leakage. If leakage is indicated, the gas supply shall be shut off unti] the necessary repairs have been made". The leak test will indicate any leaks within the propane piping system due to interruption of service or out of gas situation. The leakage test is simply testing the integrity of the system plumbing joints and the seal of the pipe joint compound, piping iittings, pipe, gas equipment & appliances, valves etc. This is the safety reasoning behind leak testing. The purpose a leak test is performed is the life-safety factor "Protect Life and Then Property and because it is required by Federal Pipeline Safety Laws of CFR 49.192, Florida Building Code adopted law/ ordinance and the gas industry. The leak check tests for leakage tbroughout the system of piping and appliances. It is used for new and existing gas systems. It is conducted after a system has been successfully pressure tested, inspected and approved. Normally, the leak check is conducted when one of the following occurs: • A system of new gas or modi�ed gas piping is placed into service for the first time (drop test) • A gas leakage is suspected (investigation of an odor complaint) • A gas meter is replaced • An appliance or appliance connector is replaced • An out of gas condition occurs (interruption of service) The pressure test and leak check are often confused. A pressure test is required for new piping installations, while a leak check is required whenever the gas system is initially placed into service or when the gas is turned back on after it has been turned off. Leak checks differ from the pressure test in that it requires no special preparations. The medium used for a lealc check is fuel gas at normal supply pressure. The gas is applied to the total system LEAK CHECK PROCEDURE The procedure for the leak check is not specified in the NFPA 54- National Fuel Gas Code or the ICC Fuel Gas Code- Florida Fuel Gas Code. Any CGS accepted method can be used, as long as it finds lealcs. It is recommended that a written procedure for the method be developed and the steps be taken to ensure that all employees follow the method established, consequently every system is tested identically 9� Item # 12 Attachment number 1 \nPage 1� TESTING FOR LEAKAGE This test can be done by one of the following methods: For Any Gas System- To an appropriate checkpoint attach a manometer or an appropriate pressure gauge between the inlet to the piping system and the first regulator in the piping system, momentarily turn on the gas supply and observe the gauging device for pressure drop with the gas supply shut of£ No evident drop in pressure should occur during a period of 3 minutes. For Gas Systems Using Undiluted Liquefied Petroleum Gas System- Preparation for propane. A lealc check performed on an LP Gas System being placed back into service should include all regulators, including appliance regulators, and control valves in the system. Accordingly, each individual equipment shutoff valve should be supplying pressure to its appliance for the leak check. This check will prove the integrity of the 100 percent pilot shut off of each gas valve in the on position. Pilot not incorporating a l 00 percent pilot shut off valve and all inanual gas valves not incorporating safety shutoff systems are to be placed in the off position prior to leak checking, by using the following methods: By inserting a pressure gauge between the container gas shutoff valve and the first regulator in the system, admitting full container gas pressure to the system and closing the container shutoff valve. Enough gas should be released from the system to lower the pressure gauge reading by lOpsi. The system should then be allowed to stand for 3 minutes without showing an increase or decrease in the pressure gauge reading. For systems serving appliances that receive gas at a pressure of �/z psi or less, by inserting a water manometer or appropriate pressure gauge into the system downstream of the final regulator, pressurizing the system with either fuel gas or air to test pressure of 9 in. water column and observing the device for a pressure change. If fuel gas is used as a pressure source, it is necessary to pressurize the system to full operating pressure, close the container service valve, and then release enough gas from the system through a range burner valve or other suitable means to drop the system pressure to 9 in water column. This ensures that all regulators in the system are unlocked and that a leak anywhere in the system is communicated to the gauging device. The gauging device should indicate no lose or gain of pressure for a period of 3 minutes. WHEN LEAKAGE IS DETECTED When pressure drops on the gauge or manometer is noted, all equipment or outlets supplied through the system should be examined to see whether they are shut off and do not leak. If they are found tight, there is a leak in the piping system. Where leakage is indicated, the gas supply at the meter shall be shut off, locked and slugged until the necessary repairs have been made. CGS dispatch shall be notified ASAP Where leakage or other defects are located, the affected portion of the piping system shall be repaired or replaced and retested Matches, candles, open flames or other methods that could provide a source of ignition shall not be used 98 Item # 12 Attachment number 1 \nPage 1� PLACING GAS EQUIPMENT IN OPERATION Gas utilization equipment/ appliances shall be permitted to be placed in operation after the piping system has been tested and determined to be free of leakage and purged in accordance with Section 406.7.2. of the Florida Fuel Gas Code The Contractor will conduct leakage tests at one and a half times the gas delivery pressure for minimum time of I S minutes on the existing gas house plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. Other inspections and tests required by the City — County Building Inspector, codes, ordinances, or other legally constituted authority shall be the responsibility of and shall be paid for by the Contractor. Testing of the existing gas house piping plumbing shall be performed prior to connecting the new supply line. TESTING: Testing will be in accordance with the Florida Building Code and the CGS leakage testing requirements. CONTRACTOR'S CONVENIENCE TESTING: Inspection and testing performed exclusively for the Contractor's convenience by CGS shall be at the convenience of CGS if available and normal labor rates may be applicable . SCHEDULE FOR TESTING: 1. If applicable, testing shall be scheduled with the Building Department in advance. 2. At least 48 hours notice shall be provided to the Building Department, when permits and testing is required. COOPERATION WITH THE BUILDING DEPARTMENT: Building Inspectors shall have access to the work at all times and all locations where the work is in progress. Contractor shall provide such access to enable the Building Department to perform its functions properly. A. Revising schedule: When changes of construction schedule are necessary during construction, Contractor shall coordinate all such changes with the Building Department as required. B. Adherence to Schedule: When the Building Department is ready to inspect, but is prevented, correction notices fees will be paid for by the contractor Natural Gas Distribution System Any incompleteness of the work, all extra charges for testing attributable to the delay will be back-charged to the Contractor and shall not be borne by the CGS. 99 Item # 12 Attachment number 1 \nPage 1� COORDINATION WITH CUSTOMERS The Contractor is responsible for coordinating access to private property with the homeowners. The Contractor shall notify the property owner/ resident at least 14 days in advance of performing work. Prior to starting work at a specific location the Contractor shall schedule the work with the homeowner or resident, as the customer's presence during the meter upgrades/ change out work is required. The Contractor shall relight all pilot lights the same day after they install the new gas meter and regulator. Contractor will confirm the regulator settings for the specific flow No residence shall be shall be left out of gas service overnight. Each residence shall be reconnected and all pilot lights re-lit before the end of the daily work day. END OF SECTION ioo Item # 12 Attachment number 1 \nPage 1 SECTION 02696 DIRECTIONAL DRILL UTILITY PLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground gas utilities by directional drill methods. This work shall include all services, equipment, materials, labar and testing required completing the gas utility installation and restoring any disturbed areas to their existing or better conditions. The maximum depth of installed gas facilities shall not exceed four feet unless prior approval is received, since CGS must readily access the facility for maintenance in the future. All underground utilities shall be located and potholed prior to the start of boring. PART 2 - PRODUCTS 2.01 MATERIALS A. Plastic pipe must meet or exceed the following strength and composition standards: PE (Polyethylene) ASTM D 2513 For all gas pipes over 1" diameter a. Plastic Pipe 1. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type pipe being used. 2. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of installation, with joints completely set and cured prior to placement of the pipe. B. Drilling Fluids shall consist of a mixture of potable water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. io1 Item # 12 Attachment number 1 \nPage 1 2.02 EQUIPMENT A. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with these specifications without showing evidence of undue stress or failure. It sha]] be the responsibility of the Contractar to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the cross�ng. 1. General Arrangement of Tunnel Boring System: The tunnel boring equipment shall consist of truck-mounted iield power unit and a trailer or dolly mounter drill unit. A minimum crew of three people is required to operate the units. a. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high pressure bentonite cutting fluid to the drill unit. It shall contain a 1,000 gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during tunneling in response to changing soil conditions. The field power unit shall contain the power-takeoff-driven high pressure bentonite pumping system. b. Directional Drill System: A dolly mounted version of the drill system shall include a thrust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push 10-foot (3-meter) minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of a high strength steel which permits them to bend to a 30-foot (9-meter) radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery-operated electronic system used to determine tool depth and location from surface and to orient the head for steering. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non- io2 Item # 12 Attachment number 1 \nPage 1 mechanical but essential items shall be in sound condition and replaced immediately when need is apparent. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. Water sluicing methods, jetting with compressed air, ar boring or tunneling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. 2. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuum and capacity to remove excess bentonite mixture from the project site as required or directed by the Owner's Representative. PART 3 - EXECUTION 3.01 PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision making capacity concerning the manner and method of carrying out the work specified herein. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the project site during the actual crossing operation. io3 Item # 12 Attachment number 1 \nPage 1 3.02 COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. B. Tbe Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. 3.03 PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractar. C. Equipment Set-Up: L The general operating sequence of the tunneling system shall be as follows: a. The trailer or dolly is positioned at the starting location. b. The tool head and first drill pipe are loaded onto the thrust frame. c. The proper cutting fluid pressure is set on the field power unit. d. The tool is advanced and steered level at the proper depth using the locator to sense tool position. e. More drill pipe is added as the tool is advanced. £ After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep the tool on course. g. Steps "e" and "f' are repeated until the tool advances to the end of the run. Zo4 Item # 12 Attachment number 1 \nPage 1 h. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. The utility is attached to the reamer. j. The drill pipe is withdrawn from the hole pulling the utility. k. Utility connections are made. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: L In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. los Item # 12 Attachment number 1 \nPage 1 3.04 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented as further specified herein. Any alteration or waiver must be approved by the Engineer. 3.05 REPORTING PROCEDURES A. An accurate log shall be kept by the Contractor on all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspectar's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every 10 feet along the crossing. ' : : _ '_ 1l _ ._ _ : _ 1l _ ► :_ ► 1 ' _: _ U_ _ � _I 4.01 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION io6 Item # 12 SECTION 02935 SODDING PART 1 - GENERAL 1.01 WORK INCLUDED Attachment number 1 \nPage 1 A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass, until rooted. PART 2 - PRODUCTS 2.01 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. After sod is installed it shall be maintained until it is rooted, which will necessitate watering frequently 2.02 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be hannful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION 3.01 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion, may authorize the elimination of ground preparation. io� Item # 12 Attachment number 1 \nPage 1 3.03 PLACING SOD A. The sod shall be placed on the prepared surface, with edges in close contact and shall be iirmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6- inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. C. On steep slopes, the Contractor shall, if so directed by the Owner's Representative, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. D. Sod which has been cut for more than 72 hours shall not be used unless specifically autharized by the Owner's Representative after his inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. Sodding shall not be performed when weather and soi] conditions are, in the Owner's Representative opinion, unsuitable for proper results. 3.04 WATERING A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner's Representative, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). 3.05 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. Zo8 Item # 12 Attachment number 1 \nPage 1 PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Sodding shall be made at the prices stated in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, payment for the work speci�ed in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION io9 Item # 12 Attachment number 2 \nPage 1 � ; � , �y' � i � � � I� l� _ _ ._ _ ' � E _ � , . , � \ \ \ i ,` � ` `, E � � i f , 4- � .. � � � \ LL � ` _ � `'�� i-. .. 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" �-:� �. �e^a, . � j t , � , , �� ; ;3 0 � � d , _ _tiy ;- �i- ` __ �� .�� C ��_ . �, � �I I '^ 3 ' f � �. il �-- -: z� � � . . � , �_ _ . � � � � �� `� � _. �� _ __ ,.__ _ �.� � .._ _- ! �-� : — - � - l�'�: � � ` ` Item # 12 2 \nPage 2 2 \nPage 3 2 \nPage 4 N � � N � � � 2 \nPage 6 City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 SUBJECT / RECOMMENDATiON: Approve the Amended and Restated Agreement between the City of Clearwater (City) and The Long Center Foundation, Inc (Foundation) regarding the Long Center (Facility) until terminated by one of the Parties and authorize the appropriate off'icials to execute same. (consent) SUMMARY: On August 27, 2003, a Transfer Agreement between the Foundation and City was approved for the City to take over the ownership of the Long Center, located at 1501 North Belcher Road. The City also took over the day- to-day maintenance of the facility, oversight of recreational programs and providing certain accommodations for Clearwater for Youth (CFY) and Upper Pinellas Association for Retarded Citizens (UPARC). A subsequent First Amendment to the Agreement provided additional terms allowing CFY to utilize the Long Center and if for any reason the use agreement was terminated the Foundation's annual funding of $200,000 would also be terminated. In an effort to memorialize this agreement and provide for funding support and stability for future generations of children in Pinellas County and for clients of UPARC, the City and the Foundation desire to amend and restate this agreement. Major changes from the original agreement and subsequent First Amendment include the following: 1. The Foundation will provide annual funding to the City ($125,000 in the current year) through the Long Center Foundation Endowment Fund Agreement at the Community Foundation of Tampa Bay, Inc. Based on a calculation and frequency set from time to time by its Board of Trustees, currently at 5% of the fund balance payable in March or September with a minimum grant of $100,000. The City shall receive the larger of 3% or the fund balance of $200,000 annual grant to use at its discretion in operating or maintaining the Long Center. Annual grant amounts in excess of amounts listed above shall be directed to the City to augment or fully fund programs at the Long Center. 2. If the City terminates the agreement or if the Use agreements with CFY or UPARC are terminated, the annual funding subsidy will be directed to recreational and sports program organizations for children and adults in the greater Clearwater area. 3. The City will provide for a play pass for youth less than 18 years of age at a discount rate of 50% ($41.25) for use of the Long Center in recognition of the Foundation's annual subsidy. Review Approval: Cover Memo Item # 13 APvI�NDEI� �.ND REST�TED� ACrI2E�'MEN'�" This Ai�i�ndeci and Restatec� r�.greem��7t br �n� bet�°een th� City c�t Glear��ater, Flc�rida, a municipai corpur�tion rat' tliz State c�� Flc�ric�a, ha��ing an vfiice at 1� 2[�sceola A��enu�, �le�rw�ter, Florida 337�6 (the C�ty�), a�1d Tl�� Lc�ng Cent�r Fouraaativn, ir�c., a Florida non-pratit cor�oration �th� Foundation} clo Clearvvat�r F�ar YQUth (CFY) whQSe �dciress is 1501 N�rth Belch�r Road, Suit� 22f, �Clea�wat�r, FL �37b5 (�ach incirvidiially rcferrer� tQ her�in as "Party" �r collective�y tlie "Parties"), is tnac�e and eYltered inta thi� day of , 2012. WITNES'�ETH: WHE1�A�, thc Parties ei�tered into that certaiii Agree�n�nt dateci Alxgust �7, ?(?(�3, (Tr�nsfer Agreemui�C} v�herein th� ovv�iership �f cer�ain persor�al prnpertv an�. th� irnproE�ements located on that c�,rt��n r�al �rop�rty at 1 SU 1 B�lcher Roas� in th� City c�f �'learwater•, �nore commo�ily knawn as the "Lc�na Cen�er" (Pacility), wer� dtinat�d to the City in consid�ration f�r the City assumin� r�sponsibility, usin� City resaurc��, for the maligt�nance c�f said iznprov�n��nts, the a��rsight of recr�ational operatic�res at the Facility, and tlxe ac�coz��me,datic�t� af certain third parky c�rganizati��s, irtcludir��; Clearwater Far Youil� (CF�') a�id L.Ip�er Pinel�a5 Assc�eiatian for Retardec� Cit'szens (UPAR�,}; a��d, '� �I la� �i.CAS, as additiana� consider�tior� fc�r the City takila,g on th�se an� c�th�r � �D z-�s��si�ilities, the FcSUndatio�� reed t+� cantribut� at least T��rc�-Huaidred Thousand D�aflars � � �?04;04](i �r �ear as an annua� subsid for the o erat�on c�f the Facilit ai�c� � l ) F? 5 Y I? �'; } W WH�REA�, the parties entered int� the �"irst Amc.nd�ez�t to A�reen�eiit (Transfer A�ree��nt Ainendi3�ent) tc� pr�ovide far the; tenns undc�r whic� C�=Y wc�uld utilize the Lc�ng �Genter and prc��ide tiiat if CFY's use a�reern�nt wa� e�aer tenninate� for atl��r ihan cause, the Found�tion's $21�0,0[}4� annual cantributioi� w�uld simultaizenusly terrnii�ate; anc� �'HtiR�;: AS, the Farties nQw wis� to amer�d and restate the a�r�en�ent in its entire�y as pr�ovided for herein. 1 N()'�'V, THERE�(aRE, iig cc�z�sideration of tiie foi•e�c�ir�g anc� oth�r gc�od arid �°al�.a�sle cc�nsid�.ration, the receipt and adequa�y� of whicli is l�ereby acknav��led�edq the pat-[ies heretc� a�ree as fc�llow�s: A�TiCL� 1. TFI�.M 1. This a�re�mei�t shall be petpetual cc�mn�ei�cin� c�i� , 2U1� (the "Eff�cti�=e Date") and ce�ntia�uing throu�h terzni��atic�n by on�. c�f the Parties as set farth h�rein, Thi� ��ree�nent inay b� mc�di��d by a written am�ndz-��nt exec�t�d by hc�th 1'a�tics. AIt'I'ICLE II. RESP[�l"�1SII�ILITIES OF THE CITV 2. S�er►�ices �o b� Pr�rric�ed. In consideraiic�n far !he cio�iatir�n a� th� L�n� Cer�tea�, a�ic� �he cantinue�i �inancial suppnrt f`rc�n� t��e Fnund�tic�n, t�ie �`ity shatl n�ana�;e day-t�-day t�peratians and �r�vide recr�ati�1� prc�grams, activities and ser�ices at tl�e Faeility generaily as a me�ns to l��lp children an� ar�ults, and more specifically, as � way ta build and fc�ster ccrrifid�nce, ec�ucati�nal, r�creatic��-�al, st�cial skills �n� �c�t�ci habits in young pec�pte anc� ad�iEts, al� sueh acti�rities and �?ro�rarn5 �eir��; �ubject tra the City'S csper�tin� bud�et ior such pt�rposes in eaeh c�fth� City°s tis+eal years. 3. Use A ree�nents. The City shall ertter iz�to ancf rnaintain use a�r�ements (in substantially the form attached heret��} with C�Y (F;�hibit "A"), and UPAR�' as amended (Exhibit `;B"), �ath �f which are a mate�ial ir�c�uc�me�at �c� t13e Fc�iindation Endowme��t �'unc�'s � � <inilual inc+�tr�e subsidy. As int�nc�ec� third-party ben�ficiaries c�f this A�re�m�nt, C`� Y and � L� PARC wilI acknowledge and can�ent to its terins and cond�tians as si��latories hereto. � W 4. Rules and Re�ulatians. Rules and regulataons �c�ver��i�l� k�Ye L�n� Ceilter may be e�ta�lished �y the City� in its sole di�cret�on. Such rules and regulations shail pro�ride for a�� annual �ntrance p�ss (Play Pass} mad� availal�le ta minar resident and nnn�re�i�ent chi�dren � 8�xears af a�e or y�un�e�, pr��rir�ing a c�iseoEU�t in the an7aunt c�� fifty �ercent (S[3°lo} of tl�e resident e��-ance pass fee in reco�,nitic�n �t t�ie I'c�undaticsn's annual subsid}�. Said entrance pass shall �nly dpply for entranGe ta khe Long Cc;nter anci the City is not bound ta aceept the �ntrance pas� (Play Pa�s} t�� ei7try tr� an5 of its ather recr�atianal facilities. "�`l�e 2 � m � � � W ye,uth discounl ��ill be izz al� prilst�� fe� schedules reco�nizing tl�e Lana Center Fc�u�lc�atiatl as th� financial s�bsidy provid�r. 5. Nleeting Rnam 1.Jsage. 'I`he Foundatfan �hall l��ti�e access t�o auad usa�� af th� Long Center'S cc�nferenc� a•c��n far its bt�ard m�eting, subject tc� a��ailahility. Tl1e Cit�� w�ill accept th� Faun�atian's nYail and direct it tn Clear«,�at�r Far Youth, as a�ent fe�r The k�e�rindatic�r�, at �'FY's Le�n� Cent�r aff�ee. b. Signa�:e, Th� name af tl�e Facility tnust fore�er m�re �ae knc�v�rn as tkce H.E. "Zi�'" L{DitiG CENTEI�; th� gyninasiurn knaw�► as the DAl'v A�ILI I�i1�Di1`�iE CARLISLE Cou�-ts anc� C'ryrrinasiu�n; and tlie aquatie cenier kJ�o��rn as the ROZ A1r1D DAN DQYLE Center for th� Ay�iatics. Th� City shall maintain and'�r replace all suc�-► sa��.age as n��essary includir�� t�ie Cour�yar�i Ce�t�r si�,ma�e. 7. Renortin� and Fublicitr'. Th� �'ity a�rees to subinit an ar�nual repc�rt and �udget tc� th� F�ui7clatioi-�, '1h� aru�ual r�port shall id�ntity tl�� n��n�b�r c�f cli�nts ser�aed liereu�lder and ihe type of` �ctiviti�s �n� prograrns conducted. The City agrees to utilize every rea5o��ah1� appartul�it�� t4 publicize tne a�inual subsidy received t'rr�in �iie Fa��ndation und�r thi s agreement. �. Foun�ation �'un�lin�. Tl�� Foundation will pravide aaanual fundin�, te� the City ;-�s pro�.•idea �y t�e I.c��g C�er�ter Foul�dation �nda��nent F'un� ��reem�nt at the Ccanim�ii�it}, .�aun�lation af Taanp�. Bay, Inc., (Exhibit "C"). In the event th� City terminates its ��r�atiaraal operati�ns and pro�rarmrnin� at the LoiYg �'enter tor any reason, including thase r�ferenced in para�ra}��1 nun�%er I D, or eith�er CFY or tJP�RC LJse t'��reen��nts are term�nated �;�ith�ut mz�tual a�reeinent, the annual s�ibsidv will b� direct�c� to recreatic�nal and sports pragram or�anizatie�ns for chilc�ren aF�c� ar��lts vuithin the greater Clearwater, Florida ar�a as r��terrnined by tk�e Board r�t' I�ir�ctors r�f ihe Cornmunityr Fou�c�aCic�n af Tampa Bay, Inc, If the Foundation fails to me�� its fi�n�in� r�quirenr�ent her�und.�r as provided in the Fougad�,tion Agre�rnent w�ith the Cc�mmunity �oua��.atic�n c�f Tarnpa Bay, Inc. Exhibit �, the 3 City retains t11e ri�lit to terminat� this A�reement in its ent�r�ty ��itl� writt�n natic� af t�rminatir�i� b��ng provic�ed tl�irty (�{�) da�rs priar to th� effec�ive c�ai� af s�ic}a terr�a�natian. 9. Indemnifi�ation. `I`h� Citv a�re�s ta i�d�m�lify a�1� hold tile �oui�dation �arnal�ss fi�om a�id ��gaitls� any and all c:lain�s, d�rnai�ds, arid causes o� actian or la��suits arisin� fram t�e A�;reement or the perfannai�ce hereof, from Aug�ast 27, 24f1� a�ld ihereafter, `r0 THE EXTF..NT PERMITTED SY L�W. S �PEC`IFIC�LLY FLQRIDA �T`�TL�ES 768.28. Nothi�ag contained hereiz7 shall �e eor�str�zed as consent l�y the City to be sued by third parties in an� manner arising from this Agreern�nt, 4r as a ��aiver r�f s4�rerei�n in�nn�nity, unles� such clain�s are kh� r�suit af the Faiu�datioi�'s sc�le negii��nce. �lnder i�c� cir�ums�an��s or in no eve�it shall tll� City inc�en�nify� tlie Found�ti�n, �r be lial�le in any way for clair�is, d�mands, a�id cause� resultin� f-rom the Foundatian's c�v��ership, us�, accupatic�n of t�e Facilitv, or any atlier party�'s use or occupatian thereoF prior to Augu�t 27, 2f}()3. The Fou�ldation a�re�s t+o �nde�nnify and h�old the City ha�-nless fr«�n and against any anct all clai�ns, c�em�nds, and causes �f actio�� c�r lac�:suits c�f what�ver kin� c�r character arisitlg directly crr indirec;tly from its c��rners�iip, �ise, ai�d occupa#ion af t1�e I'aeility, prior ta l�ugust ?7, 2[143. 10_ Ter�nix�atiaii, T�1� Citr� retains tl�� ri�l�t to ternainate this A�re�ment f4r municipal need as detenninec� by th� Gi�y iou�ci� tc� be � necessary p�r-�ase. In a�it�ition, the City� n�ay te�-�nin�te this Agriem��lt in the eV��lt that th� State c�f ��arida or at�y= af its a�encies or � �D ��c�litical subdi��isic�ils il�ereofrec}�lires the properky �r any pat�iQn therec�f fe�r a�tahlie purpose � � -�� det�nninec� by such party ir� its sole disc:retion. � W 11. N�r�e�.Any noti�e r�quir�d or pernaitted tc� be �iven by the pravisic�i�s c�f this agreen�ent sha11 be concl�siv�l�� dee�ed to �ave been receivec� b_y a party hereto on �he date it is l�and-dcli�ered ta sxich party a� ih� addre�s inc�icated below (ar at such ather addr�ss as such part.v sl�all sp�cif}� t� the c�tller- party ii� w�riting�, or if se:at by rc.gistered ar certified �nail (postage prepai�), 4�i the fifth (S`h) business day af�er the day a�n which sucla notic� is niailec� and �roperly° addressed. 4 � m � � � W 1, If tQ +City, acic�ressed to P�rks a�ici �ecr�atian Dir�c�or, 1�0 S. Myrtle Av�nue, Clea.�-�=ater, FL 33756, with co�y to City Attarne��, 11� 5. Osceota Ati�epiue, Clear��a#er, FL 33"756-� 10�. ?. If ta �'c�ur�dation, addressed ta The LQn� Cet�ter Fc�undation, cic� Clearw�ter For Yc�utli, 1501 Narth Be]cher Raaci, S�zit� 236, A�tn: Chaizr€ian c�r Executi4e DirectQr, Cl�arv��ater, FL 33'7FS. [sig�ature pa�;e ta falluw] � m � � � W 1N'WITNE�S WHEREQ�+', the �?�rties l�ereto l��ti�e set their hands �nd s�als this da�� r�f C�auntersigned: Ge�r�e C`retekos Mayc�r Apprc�vec� as t{� form: l,aura Li�owSki Niahony ,4„��istant C�it}� �ttorr�ey 2012, B�j� Attest: CIT� C)F CLE�,F�'.WATER, FLDRID!1 William 8. Horne, �I City Mana�er Roseinarie �ail C'ity Clerk FISHE� ENll(�WMENT SLJI`+ISHINE PLAY�a}�.{�LlNL7 ENDCiWM�N7� � LNAN�C`IAL STA�ILI`1'`�' �NI](7�WM�NT 1._(�NG CEP�TTER Ei�TI7(�WME�IT !-1.�:. "7.1]'" I:[�?�I�; E?1L�C7►`�x��ENT Attest: 13y: Frederick C. Fishe�- 0 B}: Printed Nam�: L+�1�1G CENT�R FC7UI�ID��ITI�N, INC. : Charles Wea�Ter. Chairman UPARC, INC. E3y: S�iel�c�n Hershaalax�, �x�cutive Directc�r C�LEARWA't'�R FC)R Y[�LiTH, INC. m �� 1-i��ry W�bb � ��cutive I3ir�ctor � W 7 Attest: $y: Printed Name: Attest: By P�•i�ltec� Natn�: Attest: By: Prirttec� l�.ia�ne_ Exhibit "A" L�ASE ACsREE11�Eh9� TH1S LEASE A�G'�EEMEi�T, entereci intn tf�is �� day of =� , 2Q05, �etwe�n the GfTY C]F CLEARWATER, FLURIQA, a F��orida m�an�ci�al carporat �r� c�f the Sfate �rf Flar�da, as "Lessc�r'° ar "City„ and CLEARWATER FC3R YQUTH, fN�., a Florida nat-far-profit corp+�ra��an, as "Lessee" or "CFY" (eacf� referred to ir�dividually herein as `Par[y„ ar caflectively as tf�e "Pariies"). VIIMEREAS, it has been de#ermined tv be highly des�rabl� to prc�v��e �nancial su�part to � various City ca-spansa�rec� yc�uth athl�tic �programs �nd organizations ("City C4-Spt�nsared Clrg�nizatinr�s" �r "City Co-Spansoee� Programs"), ar+d ta t�a�t end, Lessor continu�s tc� partner and en��r intQ agreements with �variQUS organizat�ons as a means to help yvung ��c��e, adults and famiiies; ar�d, WHEREA�, Lessee has a long sta�nding histc�ry of prauiding you#h spart prv�ramming €�perations �nd financ�al assistance vvittain the City af C1�arwater; ��d, WHEF�EAS, thrvugh its the B+��r�i of airectors, ��ssee org�n'rzed The Long Genter FoundatiQn, � Flcarida Non�Profi# Cvrporat�on, in 198� (th�: "�vundat�on", form+erly the "Cen��er Faundation"} for the pu�pose �f plaraning, f�ui�ding and encfowing the �n�que 150,(}��] square foot �15 miif�on recreatior�ap �nd education�l facility lc�r�wn as The Lor�g �enter fQr, amang other th�n�s, to pravide �essee with perm�nen# affi+r� facilities and to augment fit�eir recreatianaf spt�rts mission; and 'WHEREAS, the Bc�ard of �irectr�rs vf Less�ee alsv vrganiz�d The �.�rr�t� Center, Inc., a Florida Non-Profit Corporatian in ��9Q far #f�e p�r�ease of vwning and man�ging The l�vng Cent�r; a+nd WN�REAS, the Boards �f Di�'ec�r�rs +of bc�th the Fvundativr� a�d The long Cen�er, I�c., i�ro�t��i ar� agree�e�t ►��th the Lessc�r �"Tra�sfer Agf�emenY'} fransferred t�he faei�ity �nd alf af its �r�� in ��t�r�e, ��t��s and e�uipr€�en# #a the L.�ss�r �n QctQ�e� 1, ��(33, in considerativn af the Lessor takir�g respr�nsib��i� fQr t�e ape�'ativn and ma��c�e�ent af t�e fa�iii�,r us�� Lessa� rest�r��ce�, with tiie excepti�an vf a an�uai sut��idy tv be prvvided by the Fou�c�ation; a�d WHEREAS, as a re�u[t of fii�e Transf�t� ��re��r`r'r, °rr�� i.��s�� c�r r;��s�i}r t�vs,dr;s �ii� ��e:� is�r�i�� , �"C�nter"�, �otrat�:d a�t � 5t�1 Na� Belcher F��, G�€:��r��.��, Ff��T��; �; �� m � ��5, i� ad�i��n to ��r��€�r�g ov�rr��rsh�p of the Long Center bui#ding, the Trans��r �,g� �rr��nt s�at� that the Parti�s wou(d e�te� �€�t� �� agre��t r��E��r�� a�`€��m�; L��e ��r�t �►#�i� a�a�� prc��de ��nr,r��er Fa� Yauth �i�h vffic� �p��e ar�d us� +�f t#�e facifity, said Agre�ment to b� r�vis�d anly as m�rtu�tly agr��d upo�: �c€�cf �E��FtE,i�S, the �Qard a# Dir�ctars of t�te Le��e�e d�sires tc� continue to pro►�tde financia! suppvrt tv �thl�etic pragrams "rnclucfi�� G� Co-�pr��sc�red ar�ar�d�a��ar�� r� �r�gr�mu, a�td ��y C�e�r��ter Fvr Youth Prc�r�r�s as a Ciiy Ca-S�ar�svr�cf Program, an� is a�r�eabie tc� en�er�ng intv th�s Lea�+� tn accordancc� �=�th th� Trar�sfer e��r��€�t, a� aE°;��t��. FlC��'� �"��R�FQl��, th� partd�s agree �as fioll�rws: �. REClYALS. Th� for�gr�in� recita�s �re tr�� ar�d ��rr�ci ��d a�� acca�a��t�� i� ��d forr� a p�ri �f this agreem�nt. 2. LE�'ISE PRC3PERT1�. Tha� t�r� Lessor does lease ta tf�� Lessee t�e fQllQwir�g premis�s: c�fi�ice space co�asfstirag af approxirr�ately �37 square feet witi�in the Long Cent�r facility. Lessee sh�ll hawe �xciusiv� use vf the offiee space. in addit�c�n, Lessee shafl be permi#ked us� af �he L+�ng Center comrnon facif�t�es and set�vices as #urthe� c��scribed herein, fir�r pur�ases defined herein. Th� L�ssee h�re�y agrees ihat such �se af cvrrtmon facilities and services is �ubject ta us� pr�ference as d�terminet� �y #he Less+�� in its s�le discre#ic�n or as otherwise d�fin�ed hereunder. Su+ch pr+aperty shall �ereinafter b� r�ferr�d tc� as the '°leased premises", "demised premi�es"' ar the "leas�d property.'� �. LEA�E TER�I. The term �f t�is leas�e shali be for 5 year(s}; which term sha�! commenc� on the 1st day of �ebruary ��0�, ar�d shalf continr�e untPl mi�#n�c�ht on t�e 31 st day of January 2[}� 0("In�tial Term"). This Lease shali a�tornatically renew for ti�re �5} success�ve fiive (5� year �eriods �nless n�otif�catic�n of #errninat�on is provicf�d, in writing, by tf�e #erminating Party six#y �6f�� days �rior to fihe er�d of t�e #hen curr�nt ter�m, as termir�a#ian is prv��ded fior her�under. Hower�er, r�otl�ing in this Lease shalf �e deem�d a waiver by tt�e Lessor c�f its right to �ncel o� noi tt� reneuv this Lease �s othen+►rise provided he�ein. T�he �xpr�ssian "t�rm t�er�of " refers io� tt�e inifial term hereunder �nd to any ex�iension i� acc�rdance wi�h the �ease terms herein. 4. RENT. �he �Less�ee agr�es tQ �ay ar�d ihe �Le�sor agrees tv acce�t t�re te�tal sum af Un� Dvllar �$1.aCl) as re�nf during the initral term o� t�is lease, and fvr each renewa! periad„ the receipt of w�ich is hereby a�fcnvwt�dged. In �urther �onsider�tian of L�ssvr enterir�g intc� this I�ase ►,�i#h Les��e, Lessee �v��ants wi#h t�essar t�at �,essee shall cvntr�bute an addition�f f]ne Hur�ci�red T�aousand Da{lars dur�ng t�e Initial Te�rn and (]ne Hundr�d Thc�usand Dal�ars �$'�t]�,a�Q) for eaeh fnre year �xtee�sivn ther�of, to suppv�t variau� City Go-Sp�nsored �rganizati+�ns ("C�a-�ponsvrship Contribu#io�s"). �For pur�ose� of this Lease, a Lessor Gv�Spansared C3rg�ni�atian is defined �s ar� o�rgar��a�ian t�€at h�s a eu�ent, ef€e�ctive C+o-Spot�sars�ip Agreem��t witF� the �+es�ar v� ir� fhe future me�ts �essor �e irements to be�ome a new Co�Sponsoret� C3r�anizaiian. Lessee's failu€�� t� timel�r �o��rib�t� the Ca- porrsvrsl��p Cc�ntriac.�ions d�r��g �he �ea�e Term shai� iae deemed � ma�eria{ d�€a�ft, s�b�ect ta �rd�isi�ns of �aragraph �0, �E�AU�.T; REI�ED�ES; TER�I�►t(f�ATI(�t� BY LESSC?R, �. C�E34S1P��l7FiSHiP CC)NiRIBI.lTlQNS. Ty,�es afi financial suppc�rt tt� �ae girrer� as Ca-Spo�sc�rship Gvr�#�ib�u�ivns include, ��rt are �at ii�ited �o: {1} R��ticipar�t sc�o�a€�hip supp�rt; (2} Matc�i�g �rant suppar� fc�r City Ca-Spon��red Organization dr �ncfividual partici�rants ("Participa�t" ar "Pa�tic�par�t�"} �n Gifi�r Go-Sponsored �Jrganrz�tia�s, �om�eting at ihe state 4r nat�onal Eevel; (3} Match�ir�� grant su�aport tc� City Ca- Sp�nsored C?rg��iz�tic�n� f�r facil�ty imprvvem��t. 6. LESS�R !N KfN�] SEi�Vi��S� Th� Lessor agr��s ta ��ovide rr�aintenance of ali ma�or ca�i�al compor�e�ts af th� I�ase� premises inc�uding air cvndi#ianers, rovf, painting, pl�mbing, and �lectric�l, as well as al'� custQdial rnainter,ance fvr tF�e port�on of #h� Cent�r to be used by �f�e Less�e. �� addiiian, Lessc�r will prQVide all utilities n�cessary fnr the o�eratian of th� L�ssee's o�#ice, as wefl as clerical su�port and use of suppQrt equipm�nt (�e.g., c[apy and fax machin�) in th� op�ra�ion caf afificial Clearwater Far Yauth b�rsi��ss. Said cl�rical and equipment �up�ort shall be prnvic�ed anly fvr servFC�s �enefting City Co- Sponsor�d Programs and sh�il be subject tc� City's discretian. The Lessa� shall not make any rr�onet�ry c+�rrtrib�rtions as a part �f �his agr�ement, however, ir� add�tion ta the use of th� C�nter by tf�e Lessee, the Lessor agre�s to help dire�ct pvtential contributi�r�s c�f third parties ane� sportsor�hip s4licitation$ to �[�e Lessee, to help fiund �ity C�o- Sp€�nsared C��ganizat�a�s as cor�templated hereunder. The Lessor al'so agrees ta pro�ide assistance, suf�ject to ap�alica�le law and pfllicies of the �.ess€�r, in deWelopin� a eapi#at c�rnp�igrr program, sirn�lar �a a`°Pennies ft�r Parks" pr�gram (�s operated fay P�nel��s +Cour�iYj, whereby finan�ial r�source� are cat�tribuied ta athl�tic sponsarships and pragrarn� v�ia r�ari�u� sources such as thrvugf� public contributions c�n utrlity bplls. 7. CLEARWATER FCyR YaUTI� PR{7�RA►MS AND !!SE C]F FACILiTY. {a) Lessee Pr�grams. All �t�rrent Lesse� programs, inckuding, but nof limrted tv, the J�nivr Tcarnado Fvv�baif program, wi1! k�ecome City Co-spDnsored Ptc�grams and wifl execute a City a�f C�earwat�r Sports and Program Cn-Spvnsored Agreement, enjayrr�g all rights #h�rein. Said pragram shali receive frn�ncial suppc�rt under t��s Ag�eemen� campa�a�'le tQ support provided fvr al� City Ca-sp4r�sored �rograms. The Ju�tior Tc�rr�ado Faat�all prograrn wi�l enjoy use af t�� f�cili#ies at ti�� Long Center, as they traditionally have aru� i�s City Co-sponsQred Agree�nent shal� be annual�y renewed �n�ess ��rmir�at�d as pfvvide� t#�eretn. �b) Ftules fvr Use. Rules and r�guf�fi�ns a�pli�able tv ar�d gav�rr�in� the us� r�f the G�nter by Lesse� may be estah�is�red by the L�essee, prov��ing said ruies and �egulatiQr�s are rac�t in ca�flict or incansistent with the o�dinanc�s, policies c�r o�eratirrg ru�es of the Lessar, ti�e Cen#er, or thi� Agreement, � m � (c) General Ad�erertc� to City Ordinances. Nviwith5tanding any limitat�c�ns impfiecf by �i�� rovisions abvve, the �essee prvmises fo com,�ly ►nrii� al! statutes, ord�nantte�, n.rl�s, orde�'s, r�ulations, and r�quirements vf federal, sta#�, caunt}+ and C�iy gc�vernments ar��d #i��tr respective �gencies ap{�licable tQ t#�e �a�e ar�d occupancy Qf th� prer�is�s. Lessee will sa�re �es�or harmless fram fines, penalties, ca�sts, ex�aenses, vr tiama�e resuitir�g from Le�ssee's faiEure �o abserve and p�rfQrrn ih� �nd�rt�kings cor�tained in this sectian. (d) �la Uniawtul Us�. Tt�e Lessee pr�mises an�! agr�es thai it wilf make c�r a�'�ow no unlavvful, improper ar Qffensive us� of the premises. Fur�her, the Lessee und�rstands and agrees that this provision specifically �rohibits, amon� other acts, th� sal�, cvn�umptron or use �r� a�cohol�c berrerages o6 contrc�lied sr��s#anc+�� anywhere in, on vr around t�he �er��r a�d th�se adjacent area� used by th� �ess�e_ (e� �ignage. The L�ssee shall have an identification sign in ti��e Cent+�r at the main �ntrance, acc�rcfing to �fae �learwater �City Cc�de and procec��r�s and with appro�al €r+�m the �,essor. 8. Payrnent of Fe�es and Taxese T�re �.ess�� shall obia�in a41 rec�uired licenses at its owrr �xper�s� and shall be res�onsi�le for all personal prop�rty taxes as may be assessed a�airtst t�e leased �ar�mises dur�r�g the lease ter�n, and sh�all promptly pay same wh�n due. 9�. �chedu�ed Repar�s of Le�see Actir+it'tes: �a} The �ess�:e shalE furnisf� tF�e City Parks and E2ecreaii�n Dep�rtment wifh an annua{ report c�f a�tivities cond�acted and financial support distributed to Co-Spansared �7rganiza�ions or i'articipants under the provisfons +�f this agre�mer�t within ��} days of th� end of the Lessee's f�scal ye�r. Each repvrt is tc� id�r�tify the amaunt c�f su�pc�rt pro�id�d, number of clients served, th� typ� Qf activiiies, projects arrd programs funr��ed. 10. CREATIQN, LlSE, AND NIAINTENANCE DF FfNA�JCIAL RECf]RDS: a) Creatian a# I�eCOrds: L�ssee shall cr�at� arrci maint�in finan�ia� and accoun#ing recprds, boaks, documents, palicies, pf �GEEC@S, �?f�CE:�IUC�S �fld �if'!� fil�ClfffiaflUR f1EC�ESSr7f]+' t[? fE$IEGt fully the fir�ancial �ctivi#Nes a� the Less��ee. �uch recQrds sha�l be aVarlable and accessib�e at ali times fvr inspection, review, or audit by aut}�orized L�ssar represenfafiu�es. Reccards must be made a�ra�iable in accordanc� wi#h appficable law. 1'�. ASSI'GNMENT t7R SUBLEASE. This Lr�ase rnay nat be assigned by #he Lessee. Any att�mpt��f assfgr�ment of the rigi�#s ar�d o�ligatia�s provic�ed fc�r �ereir� shalf be Qf n�a force o� effect ar�d shalF upan such atkem�ted assignment ar trans�er, render this Le�se �nu11 and voed. 12. ALTERATIQNS AM� 1,MPR�p'VEISIIENTS. Any modi�catians ar impr�vemen#s ta any portion r�f the Ce�ter to be used by the Lessee f�e�€uncier, mus# be approved in advance by the Pa�ics and �ecreaticrn D�rector, to t�e e�ctent that the �'�k� �nd Recreation I�irectvr has the a�ath�arity #o so a�pro�ve, or by t�e Cfearwa#er Gity Cauncii. Ar� irnpr�vern�rtts shal( become #he p�'o�erty of #he Lessor upon �xpiration or terrr-oinatfon of t�ti� Ag�ement. 13. R�SFC (]F LQ55. AfJ p�rsona� prop�r�y placed or mvved i� the premises shail be at th� risk of the lfessee vr owner thereof. The Lessc�r shall n+of be res�onsible or li�ble tc� the Lessee fc�r any ioss or damage that may be occasiar��d by ar through t�he acts ar Qm9ssions �af p�rsans accupying ti�e prerr�is�s �or adjaining �r�mis�s �r at�y pa� of the premi�es adjac�nt to ar connected with the premises I�ereby leased �r any ,�art of the buil�ing whick� th� leased premis�s are � part �r for �ny lass or d�m��e resulfing to th�e Lessee or its property fr�m hursiing, stappe� u� or le�king wat�r, �as, sewer +ar sfeam pipes �nless the same is due to #he negli�enc� of the Lessar, its agents, servants or employe�s. �4. RIGHi QF EN`TRY. The L.es�or, ar any Qf its agents, sh�li hav� tf�e righ# t�a enter said pr�mises, includ�ng the area desigr�ated far #he Lessee's exclusive use herec�n�er during alf reason�ble i�ours, to examine ihe same to make suc'� repairs, ada�itians or alteratEOns as cri�y be cie�med �eeessary far th� safety, c�m#ort, ar �ares€�rvati�rn th�re+�f. Right of er�try shalP likewise exist for the purpose of removi�rg pl�cards, sign�, fi�stures, alteratians or ac�di#ions, which dv not c�nfc�rm tc� t�ais Agreemen€. Lessor agrees to giv�: reas�nable notice to the L�ss�e �eic�re errtry to ti�eir flff�ce area. ��. RESTCIRIhIG PREM�SES TQ C)�lGIIVAL CO�AfaITiC3N. k.��see r�presents that th� {�rec�ise� leased are ir� good, sani��ry and t�n�nt�f��e canditic�� fic�r us+� by C�essee. l�ess�e's acceptance ar accupancy of the leased premises shali c�nstit�te a recognitinrr of ��ch conditiQ�. �.essee hereby acce�ts tY�e premises in the �or�dition th�y are in at the beginning of #his lease and �gree� #cr r�t�rn the premises to i�eir vr�gir�al cvnc�ition a# th� �xpir�tic�n of the term, excepting vnly r�easona�ale wear and tear ar�sing fram the us� thereof ur�c��r this agreement. 16. II�fSURANCE. The L�ssee �hall ir�dependently procure at its ovun exper�s+� and rnaintain durir�g the term of this Agreement ins�ranc�; �s s�flwn belaw: �a} A�ompr�hensiv� General LiabiFity palicy covering clai�ms far injuries fa persons �r damage to property, whach may arise from or in conn�ction with use of the Cer�ter premis�s by th+e Les��e inciu�ling all activit€es c�ccurring thereon, ��a} In�uranc;� procured in acc�rclance with sectio� 16 {a) shal! ha►r+� a minim�am cvverag� F�mi# of ��o��,a+�o. (c) Lessee sY�a�l at alf times and at its exp�ns�e mainiain ir�surance ��ainst lass by fire ar o#her casuaity witi� e�#ended coveeage on any furr�iture, fixtures, inv+�r�tory, equipment, supplies and �ersor�al pr�perty locat�d in and an t�e premises, if applicab�e, and said palicres shal� include a standar�i waiv�r of SubrQgation �gainst th�+e Lessd�. �(d) 'VVorker's C�m�er�satic�n — Covera�� to apply for all emp�ay�es far statutt�rar limits in v�r�pliance with applicable State and Federal laws. !n addi#ion, the pr�licy mtast include Employer's ' i�bility with a fimi# of Five-Hur�dr�d Thvusa�d Q411ars ($50(i,(�QU.{�0}. � `'' (�) Eac� insuranc+e pc�l�cy issued as a re�{uorement of this Agreemen# shall name the Gify �f �.: ��ar�vvater as an adcf�tional natried ins�r�d. The cov�rage sh�l� c�+n�ain no s�aecial fimitations c�n Ei�e scope c�f prc�tectior� a�farded tr� the Lessor, rts �ffic�als, employee�, agen#s or valuntee�rs. �`he Less�e shal! provide a copy nf ar�y ar all insurance policies upo� request by the Lessar. The Lessee shali fumish the Lessor w�th C��tificat�(s� of Fnsur��ce with all endorsements afFecting c�verage required �y this section. Thes� forms shall b� re�eived and app��ved by the �irectar of Parks and Re�cr�a#i�n before e�ecution �f th�s Agreem�nt by autharized City crfficials. � �7. LIABILITY AND INDEMMIFICATI�PV. The Less�:e shall act as an indepertdent cont�actar and �grees ta assume al� r�sks 4f occupying th� le�sed pr�mises, or other use Qf t�e cent�r as prov�ded �c�r hererander, and all lia�iility therefare, and sh�ll defer�d, inciemnify, and haid harrniess the Lessor, its o�icers, agen#s, and emplc�yees froim a�d aga�nst �ny and a!1 ciaims of Ic�ss, I�abiiity, and damages of whatever nature, to persans ar�d pr�ap�rty, i�ckuding, without I�miti�g the �eneralit:�+ of the f�r�gaing, deatl� af any person and loss of fhe use af �ny praperty, �xce�� claims arising from the neglig�nc� ar wiliful m�sconduct of the Lessor or Lessc�r's a��nts ar �mpiQyee�. Thss include�, but s� not fimited #a matters arasing out of or claimed to ha�re been c�used by or in any manner related tcr #he Lessee's ac�ivities or those c�f �ny a�proued vr unappraved invitee, contraetor, subcon#ractc�r, or �the� p�rson approvecf, au#F�orized, Qr perm�tt�d by the Lessee in or ab+o�rt the premises whether ar t�ot based on neglig�nce. The a�ove indemn�ficatic�n prc�visior� is nat �nt�nded ta apply tr� k�sses resui#ing from use �f th� f�cpli�ty by City Ga-sponsared groups, wf�ich are separate lega� �ntities frcam C�Y, ar�d which have �a-Sp�nsor�d �+greements witf� th� �Gity containing ind�pend�r�t insurance and ind�mnification pravisians. 18. NOMN-DISCRIMINATION: �lotwithstanding any other proVisions of this agreemen� during t#�e term of this agreem+�nt, th� Less�e far �fis�if, agents and �epr�sentatives, as part c�� t�ae cansideration for this a�greement, daes cc�venant ancf agree that: �a) NondiscrimFnation: �esse� agrees #hat no person �t�all, on #he grounds of race, sex, handicap„ r�atiorral origir�, religion, marit�al status or political b�l��f, f�e exclud��l from partici�aat�on in, denied the be+neiit(s) c�f, or be ath�erwis�: dis�rimi�ated against as an e�r�{�layee, vaiur�teer, c�r clier�t of �he pro�wider, exeept that programns may designate senriees for specific client groups as d�iined by #he pfogram c�uid�li�es. Lessee agrees t� maintain a�ccess to handi�apper� p�rso�s in accardance with applicable law. (b� Br�each of IVondiscrimina#ior� C�Venants: Ir� the ever�t c�f conclusirre evidence of � breach of any af tf�e ab�iue �ron-discrimirratic�n c�avenarats, the Lessvr s��li have �ihe right tc� terminate ±f�is agr��ment immediately upon the gi►ring of natie�, as the gi�+ing �f r�o#ice is requiretf herein. � � �. SUBC?RDINATION. � � �1i:� i�as� and #he rights of the L�ssee here��a�er are hereby ma�e subj�ct an� su�ardir�ate tr� ��':�::as�� fide mortgages or otF�er instrurn�nts of s�curity nDw �r her�after �laced u�on the said �rerr�ises by �he Lessor provided, howe�rer, ti�at such mortg�ges and c�ther instrur�rer�ts �f security wil! not cover th� eqt�ipment and furniture or furr�ishir�gs �n #ite premFS�s owned by the Lessee. The Lessee �urther agrees to execuie any instrument af subc�rdina#ion, wh�icY� mi�ht iae required by ma�kgagee of th� ��ssar. 2(l. C7�EFAULT; R�MEDlES; TEf�M�NATIQN Bl� l.ESSC)R. For Ca�ase: Failure to adher� tv �ny of fhe provi�ians o� this Agr�ernent by the L�ssee sh�l1 c�r�stitute cau�e for #ermina�ian, Such #erminatiar� shali be n�ti�ced in vurifir�g and t�e L�ssee shall have 3a �lays to remedy the defiault. F+�r Municipal Purpose: !n addition to th� right tc� #erir�ina�e fvr cause, t�e Lessor may terr�ir�ate #his Agree�ment in #he event it c��termin�s that t�e Leased P�emi�es is require+� f�r any �, �ther municipal p�rrpases by giv�ing si�cty (�6Q� days writt�n nQ�ice c�f such int�nded use, fall�wing whi�� this Agreeme�t shall terminate in every respect„ ar�d both �arties shalJ he rel€eved ofi any further ok�li�ations here�nder, exc�p# that Less�e shall be responsi�le for full payment of ail costs and ex}�enses resulting frc�m the oper�tic�n of the Leased Premises whicf� remain u��atis€ied, together witl� any ather manies due in accordanc� with this Agreement, pro ra�a to the date af tert�ir�ativn. In t�e everrt c�f terrrFina�ion in accQrdance with a municipa! need as described �rerein, �he Lessc�r r�presen�s tha� it w�li rr�ake iis best effort to make ava�labl� ta the Lessee, faci�ities cnrr�par�bie #o that currently enjoyed by tl�e �,essee in �xchange �or Gamparable financi�l �uppo�t, Additnnally, the Parti�s hereto acknow�edge that that certain Agreem�nt kaefinreen �he City, Thue Lang Center Faund�tion and Pir��las G�mmunity Cent�r, fnc., dated �ctQber 1, 2[1CJ3 (the "Trans#er I��reem�nt"�, which transferred title t� the Lang �enter buifd�ng, among other things, car�ter-r�plated that the Lessc�r �City) wfluld eni�r into a leas� a�reem�:nt with Clearvuater For Youth. The new lease was to contain the sa�me terms and c�rrtdi#io�s of tf�e lease a�reement between the FQUncfatian and CFY, th�t existed at th+� in��ep#ian +�f tk�r� Trar�s�er �Agreemer�� he� "�riginal C�Y Le�se"}, unl�ss t#�e Gity �nd CFY a�ree fca r�vised terms. The Par#ie� hav� mutual�y agreed tr� amend thase terms and c�nditiQns to praWide addit�n�l ber�efits to CF'� under this Lease, in exchang+� for an additian�l ct�ntribution vf Dne Hundred Thc�usar�d doNarS �(�1(}(],DtID) euery �F�ve ye�rs, tc� City Ca-spansored athl�tic gro�ups. In a�ditian, the Transfer Agreement sha�l �� amended co�curr�ntly tra state that in th� e►r�nt this �ease is termina�ed �ar ati�er than cause, and ihe City fiails ta pr�vide car-nparat�le facilities to CFY at tF�e Lang Center, #he Twa-H�n�red Thvusand dpllar {$20�1,000) annual subsidy pravidecf by the F��ndation c�r�der the Transfer Agreement, shall terminate. 21. AR�ITRATIf�hJ OF Ct�NTR(7VERSY Any cantrc�v�rsy or cRaim arisi�ag a�t of ar relatir�g tc� this a�reeme�nt, o� the �ireach of this agreement, shall be s�ttfed by arbitration in accc�rdanc� ►n�ith the cvmmereia! �rbi#��#ian rules of the Americara ArbEtratian Associ�tic��, ar�d judgme�# an th� aware� re�dered �y the �rbitratc�rs may �e ent�red ir� ar�y caurt ha�ing jurisdiciion thereof. 'ti1V'e further �gree tl�at any s�a�� ntrvrrersy ar claim shall be s�abmitted ta t�ree arbitratc�rs s�lect�d fram ihe paneJs of arbitrator� of the Am�eric�n /�rbEtt��ti�r� Assaciatian. There s�al! b� three �r'�'it�ators, one nam�+d by ea�h of the Parties w°rth�n twenty �2f}} days after the �emand f�r arbi�rat�on i� r�ade and a third to be �b��sen by the two named. Should either party r�efuse af fai� tv join ir� the a��-.aintment �f the arbitrators, t�he arbifrat�rs si�ala be ap�oin#�� in a�cflrcfanc� wi�h the prvv�sic�ns of t#��"'cr�r�nmercial arbi#ratian rules. Costs resultinr� from arbi�ration shall be diuided eveniy betw�en th� P��ies. 22. M15CELLA�EQUS. (a} Ttris eantra�t �#��ll �ind th� Lessor and its assigns v� success�ars, �r�c! the �essee and assigns ar�� successars af the Lesse�, as permitted �r�reur�der. �b) It is �nders#oad and agreed betv�re�;n the parti�s heretr� tf�at time is of the esser�ce af fhis ca��ract and t�iis appfies to all terms anr� canditir�ns cantained herein. � {c) T�re ric�hts of the Les�Qr under #f�� foregoing shall k�e cumulative, and failure Qn the pa�t nf t�e Less�r �c� �xercfs� prom�tly any rights g�ven hereunder shall not ap�rate ta fo�Feit a�y c�f the sai�f rights. �dj ft i� understvc�d that na repr�sentat�ons or promise� shalf be bindir�g on the parties h�rett� ex�ept thase represet�tat€ans and pr�mis�s con#a�ned' h�rein +or Qn som� fuiure writinc� sigr�ed by �he par�y makir�g s�ch repres�ntaticar�s or pramises. 23. RAD(7N �AS NOT�FICA'��pN, AS REi�UIFtED B''� FL+C}R1C]A S�`ATU'iE 404.Q56{8) IS T+�3 8E IMSERTED IIV ALL C[�N7RACTS Fv� SALE, PI�RCHASE £�R I�ENTAL �DF REAL PR�PERTY. Radan +Gas: Radon is a nafurally accurring radioactive gas that, when it f�as acc�ts�rulated in a building in s�ffcient quantities, may present healfh risks to �ersor�s whr� are expased to it over time. Leveis of r�don that exceed federal and state guidelines ha�e be�n faund in buildangs ir� Florida. Addi#it�nal information re�ard�r�g �ad9n and radan testing may be vbtain�d frorn your c�un�y health unit. 24, I�i]TECE Any nati+ce required ar p�rmptted to t�e ��ven t�y the provisions caf tf�is P�greement sha�l be can�lusi�rely deeoned to have been recei�ed by a party heretr� vn the date it is hand-delF�v�red to sue� party at the address indicated below �Qr at �uc� ather ad�rsss as su�f� party st�ajf sp+eci{y ta the other party in v�rriting�, or if sent t�y registered ear certified ma�i (past:age prepaic�), when actuafly r�cei�+ed or vn th� fifth (5th) b�sin�ss day afker the c�ay or� vuhich such nc�tice is mailed arad properly acfdressed, whkchever is earlier. �aj �f tt� Lessr�r, addr�ssed tr� Parks and Recreation Directar, P.Q Sax 4748, Clearwa#e�, F� 33758. (b) If ta L��s�e, addr��sed tr� Cfearwat�r fior Youtt�, fiSCI'� North Beleher Road, Sui#e 236, C�earwater, F� 337�5. m 25, SEVERANCE. � � ihe invalidity or une�nforcea�ility Qf any portian of this I�;ase shall in nvw�s� a�feet the � ��i��ing pra�risians and prrtion� hereof. 2�. CAPTIt)NS. The parag�aph ca�tiar�s used t�trt�u�hc�ui this leas� are fc�� the pu��as� vf re�er�n�e c�r�ly and ar� nat to �� onsider+ed in tha canstru�tion af this lea�e ar in th� i�tet`�:retati�n r�� il�e righ�s or c�%ligat�ons af the part�es heretv. 27. N+OM MAZAR�QUS MATERIALS. Th� Lessee her�with cavenants and agrees that na hazardous mat�riaE�, hazard�us w+vast�, a�r other hazardous sub�tances wil� be used, handi�d, �#ored or otherwise place� up�n the prt��erfiy c�r, in th� alternativ�, that such materials, wastes vr s�bstances may be tocated nn th� pr�perty, anly � upQn the p�rior vvritter� cc�nsen� of tF�e Lessar here►�nder„ and an4y in strict accarc� and cornp�iance with �ny and all applicable state and f�deral i�ws� and ordinances. �n fhe errent ��.€�h materiafs are utilized, handl�d, stored or ot#��rwise placed �apan the �roperty, Less+�e expressly herewith agrees to indem��jr and ��Id Lessar harmles� fra�rn at�y and a�l co�#s incurred tay Less�r Qr dama�es as may k�e �ssessed against Less�r in conr�ectian with or atherwise relating t� said h�zardc�us mater�als, wastes or substances at anytime, wit�hout fegard tc� th� term of th�s lease. T��s provisiar� st�aPf spec€fically survive the t�rmi�ation hereof. 28. ATTC3RNEY'S FE�ES. ln t�e eWent that either p�rty seefts t� er�force thi� Cran'traci tF�rc�ugh attc�rney� at iaw, then the parties agree �hat each p�r#y sh�ll bear its own �ttorn�ey fe�s and casts. 29. G�DV��iNING LAW. The laws of th� State af Florida shall gav�rn this Cantract; any ae#ion braught by either panty shail lie �n P`ineEl�s C�unty, Florir�a. !N WITNESS WHEREOF, the pa�ti�s here#o ha�e ex�cufed this Contrac# as o� ti�e date set for#h a�ove. AS TC) LESSEE: ��C� LE5St7R: �.c�ni�rsig�ed: W :,� .�..:.�-�.� f - - ' " - `°� �� G'' �� i,�. � `.� � r Frar�k V. Hibbard, N1ayor " Appr�v�d as t� fcr�m: + , I�r'�F - - - r� � � La�ura �ipvwski, Assistant City Attorney /� CLEARVII�A�;F�R FC3R Y�UTH, INC. � � � �� , � _ �,. t �� B � ..� � y'.—�G , ''� Y= �---_`� CharE�s '< rip„ W ave�, Pr+esiden# _---� g .-�--- ' { Y� _- .� hlen �,. � e�b ' �cu#irre �]ir��#a�r ClTY C7F �CLEARWATEFi, FLQRiDA � y � � J ,�.� .1 William E�. Harne II, City N{anager Attest; � �y ia E. Go�d�au, �ity Clerk AChCNQWLEGMEhIT QF THE LC3h1C CENTER F{7UNDATIDN Qhl BEHALF UF �TSEL� AN� THE FQLLC3WIMfC3 ENp�V�VN]�NTS: FISHER ENL7cJWI�1EIVT SIJNSHII�E PLAYGi�UNQ Et�DOWMENT FINANGIAL �TABiLfT4' EN�+DWMENT LC�NG CENTER ENDC7WMEfVT H.E. "Z1P'' LJNG ENEiOW�EfVT � �! . - � � �. 4� %"L�G� " �flii��l� ��R"EE. � � � � �% °1 L�lVC C�N7ER FUU1V!]ATIC}N, INC. ,�;;' _ ; , �,. � ;` � � l 1 f/ . B�. .�j �-��5:.'� .��' _ Pr3�ted Name: �,�:;�� • �c .t� _ � � m � � � W A#test: R Attest: __� F� , � �,/ ��I. l � `�v� Printed Nan�e� .:��`.� G • �uc�fs�` : � �� iGREEi41F"1"V`T I"his Paz-k��rs��ip a�ld Qperational ��X�p�rt an�i �unds ?��reern�:��i is ma�ie ai�r� enterc� itlto Uet4�•een tlic C`it�� of Cl�ai-��at�r, ��l��s� ad�r�ss is: At#n: Parks �iid l�ecreation I?irector, P�st Of�ce B��: 4748, C1ear��aCerT FL 3375�-�7��, ller�xnafter r�fe�-rec� to as t�ae Cr't��, a�lc] The [fpPe�' Pirlellas Associatioa� for R�t�rded C}itizens, Inc., a�'lorida nol�pr��t cor�orati��ii, «'ll�nse acidr�ss is: 1501 ��rt3� Belc�ier Road, Cleai��°ater, FL 34�u25, i-eferse� t� as ihe t�gericti>. �'L'IiERC��, it l�as beei� deterniin�d to i�� hi��tly �lesi�-a:l�l+� and soc�ially t-es�c�nsi��: ta pra4�idc; aciiviti�s to build ar�d iasier tl�e c.cat�fadence, educational, e��ltural, �°ocatioiial and social skills anc� �o�d hahits in all youn� ��o�le, ac�ults and families includin� those witli developn�e�tal. ciis�biliti�s; a��d VVHFR]�;�1.5, the City desires tc� prc�ti�ic�� prc��ranls 4��ci activities as a n�ea��s to l�elp y=�un� peo�le, ac�ults ai3d fazx�ili�s with d��ioprric;i�tal �isak�ilities; anci �'V�-IEF�,E�S, tt�e A��ncy }Yas cstat�lisi��d prc�grar��s tt�at provicie ec�ue.ationai, motiVatio�nal, v�c�tioi�al, cultural a3��i c�tl�scr activities f�r y��.Gth, ac�ults anli families in the cpmn��inity that ha�e de��loprr��t�tal c�isabilities; and 'VVHEREAS, the A�c.ncy i�as �r�vided thes� �ra�r��ns ta �he: con�tri�tnit}r foz- c��er �0 �ears aa�d �t tY�e Loi�� C�i�t�r for 15 _y�axs; anc� 'WHER�AS, ih� Ag�rl�;�� eoi�rimitted fiinds to ik�u �r��znal cor�structio� c�i the Lon� Cc;nter; and WHER�,A�, the City ow�ns certain land, facili#ies �nd buileiings locat�d at 1SCi1 North Selche�- Road in tl�e �ity ot Clear��rater, {t�ic; le�al descri�tior� ofwhicl�t is attaciaeci I�,eretc� and ir�c.oz��r�r�ted here�n as Exlt�bit ;`A"} l�er�in�fter ref�rre4i to as the Center, a�Id � i�4'`HI�;iZEr#S, the Ag�nc�� lesires ta partner wiih t�le Ciiy ira prc�vidir►g e�ueatiana�, n�otiiFatioi��l, � °;•ocati�z�al and cultural �ra�rarrxs for tl�c�se c:itizens �vith d�vel�7pineaital ciisabilities; 6y occu�jyi�� *k :_zotd ruiu�in� certai�i day io c�ay opea�atiazis ant� affering pragrams wit�iin a c�i�ain portiai� of t�1e �, ;:`�nter, n�or� partieutaa�Zy describc;d in Exhibit `°g,,, �ttach�c� �i�r��c� dnd i�ir�de a pari tzere��. i\t�'4'V, TH�REFORE, t�ie partie� a�ree as �a�Ias��s: .AR'� ICLE I. 'T'E1�M The terr�l af this a��-eem�efit s}aall b� far a periad oi � years cc��i��i��Gin; on O�c.tober l, 2G?04 "Eff�cii�e D�t�" and c4ntiai��ing throu�li Septe��l�er 3Q, ic�09 "TerniirYaiic�n Date". ih.is A�re�ment shall ��to�7aticall}� ren��;� f��r su�cessi��e fiue (5) y�ear }��rin�s uniess noti#ication is provided, in s��riti��, �y th� t��lrzi�tizt� party sixty �GO} da}�s prior to th� end �f the then eu�rez�t teY�n. Ho�rever, nothii�� in this A�re�ra�ent shall b� deenled a��ai4-er hy the City of its i�g�t to ca.ncel �r nat t�? rez�el�;� t}�is !�� eement as c�tli��.�,=ise provid+�rl liea�ein. The e�pr�ssior3 "tern� h�rec�f' refers t4 the i�litial tenn hereuncier �nc� tc� an�,� ��tei�si�n ther�nf' as provide�l lierei��. � m � � � W :'�1�.TICLE TL RESP�7NSIBILTTIES []�' "�'H� A.GEN+C`I' Se�•��ices #�r he Pa•oti�ided: Tl�e Agc;nc�F sl�a�l pz-c��ide at a ininiil7�m tlie �c,]lo�y�ing s��vices: aj Progranis: Conduct e�:ucatibnal, cultu��al, vocativx��i a��d nlGtiv��tin�ial �ra�rams at t�ie �'�i�ter fcar the benefit y�ouii� �ec��le, a�ulis a�id fai��ilies wit�i de��elt�pmc;��tal eiis�bilities tl�rc��tg��out �ipper Pinel]�s C�auiltv. �oi�ze of tl�e c.ore ��rngxzrtis tc3 t�e prc�vided �re as �oll�ws: iJ ii) iii) iv} vj vi) VI1� VIII� P�rent st��pQrk �roups and skil�s traFning Vocational trainii�a ia� c��ns�li7�g and related e�c�xlomic develapmea�t actir�iti�s Developfne�it acti��ities Liiika�,es t� tlae ]Z�;�ltt� car� s;�stem arad otha;�� c,c��i��unity scr-r��ices (�utr�:ach (includirlg ��an�c �ris�ts ti��hen appropnate} Social outin�s a�id trips for clients Educational �cla.sses ta teach basic li% sl�i�ls t?) Assista�ce tv the C�mmunity: The A;�r�c.y� wi�l naaintain cr�aiu�it�nit.atinr� anci �nte�actiai� u�ith the surrounding coi7�n}�aniiy throu�h suc�� venues as: i} Fa�cilitation anci sir�port af c�n�niunity aneetin�s ai�zd activita�;s ii) I7istribution of edtie�tia�ial a�ici promotiot�al matzrials thrau�haut the conan�unity regardin� pragrazns a3�d activit�e� �f the A��nc.y. c) Supervision of Ge�ter Acti�ities �nd Comn�an Areas: ��ippl}� t1�e ne�ussary lead�rsl�ip a1�d stipcn�isio�� far tlie cc�nduc_t c�f Agency activities and tlseia- elients whiie c�ai C�nter ��-t�perty. ; i': �-I+�uz`s o� 47perati�n: As inuch as possit�lc;, thc; A�eilcy wi1� �rrai�ide progran�s and activities at the c�nter on a �iaily basis au�� sta�lisli re�ular c�peratii�� h�iurs, saibject t� a��rc�val by tlie City. �z-ea to }�e Served: S�rwices rendered thxc�ubh thi� a�reei�l�rYt shall h�: �rc�vic�ec� nc�t �nly to citizens c�f tl�e cc�rporaie 1i�t�its ofCleart�Fater but also t� citizens N�rth ot T,,,�ln��r�on �Zaad and St��th c�fti�� Pasc� Cou��t�r lfr��. Lse of The La��g Center: a} �tio Illegal Use: The A�et7cy pr��a�iis�s an� ��rees th3t they ��rilI make or allo`�r t�� unla`vfrul, ia��proper flr �f#ellsiiFe use of tl�e pref�aises. �? 1 I2ules for CJse; Rules dnc� r�L�.lati�z�s �c�vea-niz�� t�ae use c�f the C:�nter m�y b� established by i��e �genct°, prok'idit�g tl2ey are np� i�� cc�nf�lict c�r iilco�lsistent tr�ith tl�e c�rdiz�a�ces, �c�lici�s nr o�eratiiY; rules af the City or of �his ��:�n�enz. Such nale� anc� rcgulatio��s �e��elaped l�y t��i� Agericy� xalay pr��ide fc�r and allo��v reasQn�ble t�ser fees to be retaizied by the 4gency. c} Inspe�t�on b�� Gity: The .�.gency ��nderstands aild a��ees tl�.at tlie C'cnter �rez�lises �zi�� e�It�.�-eci ar�ci i€�s�e�ted at a1a�� tii�1� �y thr> Cit}r's �f%ic�r�, a��nis a�id er��plc�yees. The City st�all notify th� ��ency at least �� aaurs �riQr to an}�r insp�ctions, «nless e��Cr_y i� nec�ssary C�ll� ti7 d�I1 �171fJ'I'L�-'L'I1Cy as detenr�in�c� b�° t�� City� in its s�l�. discretiQii. d) General �d�ere��ce to C.`itr� Qrdivances: �lot-��ritl�standin� a��ti� liaT�7tatiaals €mpliec� lay tlie pro��isions �bov�, t�� Agency pro�aiises ta obsel-�,re all City arsiinai�c�s. e) Signag�: T��e ��ei�c}F inay place an idet�tificakion sibii �ri the Cent�r or iiz the park acc��rdia�g tc-� Cit_y ce�d�s witl� apprv�ral fran� tl�e City at the A�ency's e�pense. � �tructure: No pern�anei�at alter�tians or iinp�-av��ie�is tt� tl�e inieriar r�r �xt�xiar of the btiilc3ing m�y be rnad� witt�nut the written cc�r�sent c►f the C.:itV. �ny penzlane�it st�-�tct�ral aciditic�ns appraved hy ttr� City� will bec�n�� C'it_y property, upotl ter��ii�ation or eapiratic�n of this A�re�ir�ent. g) Use vt areas otl�er than t�ose described in E:�i�i�it B: T't�� A��ency rryay us� t%� gr�aulasium, a�id otY�er Lon� C'enter s��ec at n� c�taz'�e if a�ailable a1�� ttpai� apps-oval fro�z� the Cit�. 4. Nlainten�nce of the Cent�r by the Agencv�: a3 Custt�dial Nlaiutenance: The A�ency si�all z��aintain the Center anc� acijacent at��;a, use�i by tl�e Agency in a c�ear� an� c�re�erly cni7diti�i-�. � � ftepair of Ilamage: The A�eziey ui�dei-stancis a��d agrees that it is rusponsitale fc�r �A � ��3x� ��ill cause to �e re�aired ac thc Agenc��'s �;�cpense, daniage tc� tt3e Cent�r ot�t�r �, �}s��r2 normal wear anci t�ai� or ��aFic�alism. S. P�yment for v�erating e��enses: a} T�t� A�ency° is res�c��isible to pay for th� #�llt��in� op�ratin� expens�s related tc� tkaeir ��se of �he facilit}�. 1. Ail operati�i� expenses assocaated ��rith that �c�rtic�az €�#'the +�enter �s desc.ribed in �xhibit � s��here th�y are eitly��• Eii�led ar inetered e�:clusivcly far s��ch use, Z. ��r the toi�owing iterns th�t �re shared �:�itlz t11e City, tlie t��ez�cy `�zli k�e �ill��l mo�tl�ly to pay 50°/4 of tl�� bill, pa_yable hy t�e 2�7t�, af eac.h 1�ioi�th. w 'U�Jate1• - cioYnestic �does ��at include poal �,vat�r} • Se�,�=e,r • Stonn �v�ater + Gds (for liot �v�ter l�eater b�iler� • LTtility Ta:� • �zr� Alai-ni �rlaintei�ance 3. The A��ncy shaIl ��y for the c�uYnpster uscd �xclusiveiy fc�r AUency acti��ities and will pay for tl�e ele�rator n��it�tenazic� fo�- ti�� Ie�.Jatvr t��at is ineluded in Ex�yibi� B. 4. ihe A�ency s�ia�l pay for their share of el�cti-ical consuniptir�n �aased c�� tl�e formuia ar�c� sampl� a�ta�h�d in E.xhibii � arzd payabl� �y the eaid c�f �;ach mc�nth. 5. The Agerlcy anci C'iiy will share equally irl th� c.ost to an�intarn thQSe areas t�iat are deternaine� to k�� cornn-ioti are�is. Th� c�arreiit carnn�on areas incluc�e the fo 11 ovvin�: • Parking LoL'I]�ivew�vs + Pla�a Aa-ea (i�lctudin� fii-st #looz• r�strc�a�ns) Parkiizb L�t and Driveway Li�hts b) I�� the e�ent a�l�sther partner is ia�cl�tc�ec� at the Ls��g C�ni:e�- tliey wzll h� responsible tfl s��ar�; i1� e�r�-ui�e�i� area casts assaciated v��itl� its occu�ancy c�r use relati�e to tla�e facilikies it utilizes c�r any costs that can be �iig-ectl}� assc�esated ta said occ:upane}� or u�e �part f�-c�ni City or c�tlaur �artners. c) The A��.ncy wi�l pra�id� replaceiY�enz ��laintenai�ce fc�r all n�ajor capital components of the builc�ing itzcl��din� air ��rnditzoners, r�c�f, paintin;, plu�nbir�g and electrical for �.l] are:as described in Exhik�it B. Pay�ent of Fees and Taxes; T�Ie A;ency shall �btdin all r�quire� �icenses ai ils c�w� � �rx�en5e and sha11 pay all ret�u�red ta�.es �y�cessary �� tl7c Ab�ncy'� o�eration at the � L.enter. � � W ��heduled Reports of Agency Activities; Thc A�encyr sh�11 furnish t��e C'iCy 1'arks a.i�d Reereatioz� Depart��nt, witt� an az�nual report of actzvities condi�ct�d uracier t}�e pravisa�ns of this agi-eement withil� sixty (60} days �f t�xe end c�f ihe :4��ncy's tiscal yeaa�. E�ch re�ort is io idez��if}� the rlu:mb�r �1 cliei�ts sen�ec�, t�x� typ�. of acti��tties, pra��azx�s off�i-�d aaid, costs o#'sucf� servi�es. Creatican, 1Jse, au� ;4�aintenanc� c�f Financial Records.; a} Creatinz� of Reeords: A�er�c}� sh�ll cr�ate and �naintain fina��cial a�id accountin� rec.cards, boaks, docur�zents, palici��, practices, pracedures and az�y inf��niatic��l n�c�ssary t� reflect �ul�y� t�� tii�ancial activ�tpes of the A�ei7c}�, Suc� recor�is shall be available a��d accessil�le at �lt times for i�i$pectian, re��i�rv, or a��dit l�y authUrized City= �-epr�sez�t�tz�Tes. b) Use of l�ecc�rds: A��ncy� sl�all proc�uc.e suc�i r��c�i-ts ai�c� anal;�ses that �-nay h� re�urred by tlle Gity to dacument the prc��er a��d �n�der�t ste4�=arc�s��ip and tzs� of ti�e facilities. c) 1"v'laint�nance of I�ecords; �,1� records cr��#ec� t�a;reb�� are to be reEainec� :�nd n�aintained for a p�riod nc�t less thdn fiv� (�) _years and �nu�l l�z �ra��ided in accc�a�danc.e tic-�ila applicablz la�r�'- Audit and l��a��gement Letter: ��'it�iii� 12() days c�Ft}�� close t�� its fiscal �f�ar, Agez�cy agr��s to su�i�-�it �c� tl�e Citr• �� certifi�..c� ind�p�iide�t #iscal audii of alI its corpor�ate activities and �any accor7�p�nyi�1� i�iar�a��r�lent letter(s). T�is audit shall be coa�ducted. cozls�stent with Arnerica:n Institute c�f G�rtified Puk�lic Acc.oui�tants (r�1ICPA) Sta�c�ards for Non Proiit C)r��:ni�atia�ls or other znut�ally a,g�-eed ��on stantiarc�. lU. Non-discr°irnivafian: N�twithstanding ai�y atll�r provisic�c�►s af tllis agreet�ent ci�zrin� the tenn ��f this d�eenz�nt, tl�e A�e��,y fo�� itself, a�ents �nd representati��cs, as �S�rt ai ttie eons��eration for this agreement, dc��s �o�enant an� ag�ee �l�at: a) N�sndiscriminatinn: A�eaicy a�raes that no person sl�all, on th� �rounds c�f r��ce, sex, 11a1idicap, natianal arigin, reliaican, na�rita� stat�ls c�r political b�lief; be exclu��c� fi-orn partici�ati�n in, dcnicd t��e benetit(s} o#; or �� therwise discrimin.ated against as ar� eniplo�ee, vcrlu��teer, or clie�it af�he; pr��ider. .t��erie� a�ree� to inaic�tai�� reasQ�iable acc�;s� to handiu�pped pcxsons. 1�,1 Y��iusic�n i� Subcontracts: �'he A��;zacy a�-ees to includ� t��e rec�uirezn�nt tc� adhere to Title VI and Tiil� VII af the Ci�•il Ri��ts A.ct �f 1�'b4 in �11 ap�raveci sub-c�ntz-acts. c) Breach of l�]`andiscr�rt�ination C+avenants; I�z the erFent �f c�nclusiti�e e�ris��z�c� c�f �a breach �f a�1;v af tl�e abo��e n�n-discrirt7inati�ri eo��ena�its, tl�e C:it�r sl�ali have ��» ri�ht #o tei-�ninate ��7is a�reement iTn�n�diately. � m , � .... &°i�iJ[i�:.�:�i�� 4f Cih' Suppori: A�;ency a�ees t� utili�e every reasotxa�it: c��portuniry to � p�zt�licize th�, suppart r�ccive�� ii-c�m the City. :��ency furtller a�-e�s to sup�l;:� t�ie Cit�r, �, ti� to thr�e cQpies of aary p�blicatiot�. dev�lvped ii� ce�r�a�ction �� i�li in�plc;zr�entation pf pro�-an�s a�idre�se� by� this A�eemeFit. 5uc1-z �ublicati�atis will stai� that the �ro�i`am is suppart�;d �}� t�le City. l 2. Liabilit±� aa�d Iademnification: T�� Agency si�all �ct as ai� i�idepei�d�;nt c��r�tractor a►1d a�rees tc� assuzii� all ris�s af �ravidi»g th� progra��l a�tivities and services herein ajreeci an�i all liat�ility t��ere�ore, anc3 shal� defea�d, indenulify�, and hc�ld l�an��less the �`ity, its r�f#icers, a�ea2ts, ai�d enaplc�y�e�s frarn a�id a�ai�7st any and all claixns at`loss, liab�lity�, ar�d �aal�ages of 4��hatev�;.r nat�aa•e, ta persans a�id p�-operty, includin;, w�ithnut IiYl�iti�ag the M�ncralit�r of the f�r��oin�, death of any p�rsoi�, and loss of the �se af any prap�rtv, except claims a�zsin� fr�in� the negl�gerlce �r ��Fil�fiil r��i�c€��c�u�t of the City ar �iky's agents ar �rnplo}��s. 'I"hi� incl�des, but is zic�t lin�iie�i to �natters arising out of ar clain��d to hav� he�n caused by ar in any mar�ner related to t%e A��ncy's �cti�ities or those af �y �p�?rav�c� or una�a�rov�c� in��itee, �.ontraetor, sut�cantra.ctor, or otl�er p�xsc�n a}�pr4vec�, authc�riz�d, or per��ifted by �he A�ency in car at�c�ut its pre111is�s �-he.th�r ar nc�t �ased csil n��li�ence. � i. InS�irance: Ti�e �'��ene_y� sl�all �zUCi�re at its e�:pense azid naaintain during ti�� tenn af t�iis A��eer�a�tlt insurance as shc��rn belowr: �j !� Ca�npi-e��ea�siv� Ci�zleral LiabiIitv p�lie}F cove�ing cl�itns f�r ii�juries to ��rs�sr�s ��- dan�age t� �roperty �,�hieh may arise �i-c�t�1 or in conn�:c#it�n ��it�� use of tlle LezYter �rernises by the AQenc;y includin� all acti��ikies oecurring t�i�r�on. b) A. Businc:ss .�utom��hile Li�biii�y Poliey ca�r�,ri�i� claiins #�r injuries to persal�s c�r d.ama�e to �rop�rty th�i ai�ise froni or in co�r�ec.tion �vit�i use of a moto�- vehic�e c�wned by the Agei�cy. c} Insurance proct�red in acc.orc�aric� with seciions l. 3�a) ai�c� (b) �hall laa�ae minirr�u�n cc��ra�e lin�its af $ �,Q�D[3,OUCl. d} Except Fc�r Work�r's Coinpensatic�n �ac�� insuranee. �alicy issueci as a rec�uir�€�ient af this Agreeni�nt shall narr�u tlie Cit� Qf Clearwater as an �dciit3c�r�ai ��amed insured. The cavera�c �hall con�ain na special Iirraitatiat�s �n the scc�pe c�f �rotectifln aff€�rc�ed to fihe City, its af�cials, eyY�pl�y+�e�, a�ents or ��al�.�rate�rs. e} The �+.g�i�ey s��all fitnZisll the C�ty ��ith Certi#ic�te(s) of I�isur��ce ��ith all endt�rsem�n.ts affectiix� cQV�rag� �-��iired by this sectio�Y. Th��e fort��s shall '�� reueived an� a��r��°ed �y t�ie City's Parks and R�;crea�i��n li�ison �ae�ar� ehecutiosi �fthis A�r�ezneiit hy aut�iori�ed City of'ficials. �gency shall pravide a c�py of applicable insurance policies at the request of th� +City. '; '4'V�rker's ��m�ensation: i`he ��ency s1�all prc�vic�e vvr�rker's Conlpensati�an insurai7c� � for a�l tl3eir e�playce� in an an�crunt at least ec�ual ta th� statutory iiznits af��c�v�:X�age � ��cc�rr�in� to a��licable Stat�. aild Federal la«�. In ac�dition. th�, p��Ii�y sha�� inc�ticie , . . . _ . _. �$ u�l�'TSlf1'r�•I' � IPClf�7�Jl�V t„ irl_:�. !. 'I�i� �!31111I. r'�b �+`1�'LN.�...1�:Ii,} r - : S,.rT.l'.��Il��;c:. : . , _, . � W a.��i_�_�'., �Y�> ii�:��iI��31Ti��_�il�;� �Pi'' l r�i. i��,l `i �raut of Pu1�ds: "I�li�:rc� sl�all l�e �ia� �non�tary� Fundin� h�� eit}�ea- party tc� t11is agre�T7�ctit. 2, Grant af In-Kind Ser�rices: a) The City a�-ees to provide lawa� ai�d landsc.ape mai��tenance for all �-eas c�es�rihed in Exhibii "A". �} The C�ty a�x�es ta pay for �he s�lid waste cost tor the dum��sters not servin� U�ARC. c1 T1�� City w°i�l �arovid� for z��ainienatic�: of t�ie ele��tar i�� the plaz.a ar�a and �,�Fi12 s�are in th� r�lalnt�r�ance c�f the first floc�r restr-aQ�n r�Jit�� L7�ARC. d} l kae Cit� shal� pra�ride fc�r btzilc�ii�g pro�?erty insuranc� ui�der the +Cit_y self- insura�lce plan, h��e�er, iftl�e A��Zty' c�esir�:s c��:ra�e �or t�ieir co�lte�lt� il�ey. �i�ill need to purchase their c��n palicy. A�ency shal] prc�vi�e insuranc� as otl�er��ise provi�ec� for h�,rein. e} Th� City will not pir�vic�� any c�tl�tr �dditio�gal i�� i��d s�r�vic�s, supplies, lal�or or r�quipm�nt tivh�.th�r on l�an �r fc�r consu�t�ptir�n to th� Ag�;ncy. City [�iaison: The Re�reation Pragran�mi�a� Supei-intend�nt a1'the City of Clearwat�r v;�ill serve as thc �.ity Liaison fc�r the A;ency°. AR'TICLE ��', DISCL�M�R aF W��A�+i"�1E5 Tl�.is A�re�ment const:itute� the entire Agrec;r�le�at betw�eei� the parties an tlie subject hereof anci niay not be chan�ed, �nodif ed, or discl�ar�ec� except by written A�nei�ci�i�e�it d�ly executed Ysy bat� �arties. No repres��itatic�a�s c�r wananiies �y eithcr party shall b� ��nciiat� unl�ss expressed ��ercin ar in a duly executed Arnendment h�reoi`. ARTICLE V. TFRI��INA I'�(lN For Cause: Failure ta adhere to any of the pro��isions of this a�-een�c;r�t as detc�rmiri�d i�y t�ie City s1�all uonstitute cause far terminatic��. T�lis agreem�,a�t n�ay Ue te��ninate�i dvith 3[l days ��ritten notice urithout any fiirtl7er o�lig�.tion }�y City. 2. For Muuicipa� Purp��e: Th� City znay terminate ttiis r"�,��ezn�nt in th� ev�iit it cieCer�nin�s that the pren�ises are rec�uired for ar7y ��ther muiucipal pta�-pos�es l�}� �iving si�t�° (6�3) days writte�� i�c�ti�e �f sucl� �nt�ncled us�, fallo��•ing which tl�is A�-eeznent siaall tenazinate iia every respect, and botlz parties s��all be r�;lieved of any fiirther nbli�ations � tiere�l��er, �xcept that Agency shall b� r�.s�a�isible for full payrr€ent af all cc�sts au�d �D �xpe�is�;s r�s�z3tin� fram the c�peratic�i� h�reaf, to��thc�- r�vit�i any other monies due i� � � ::�_'s:'�.-4.�':iti��+� ��ll�a l:��9'S :��?��r_U�I�I�I]t. � W :�RTICLE VI. N�TY+CE Any �lotice re�uired c�r perr��itt�d to be �i�T�n �� ti�e prc�r�isions of this a�'e�iner�t shail be cc�ncl�isi��elv d.ee�tecl to l�ave been re.c�i�ec� �}r a party h�ret�� an ��i� d�te it �s haa�d-��lir�-er�d tn such party at th� address indicateci �elovs� �or at suGh s�tlier ad�ress �s such pa�-ty s��all specify tc� the otller paz-ty i�i ��Friti��), or if sent �y° re�istered or ccrtified naail (p�asta�e pre�aid), G��hen a�tually recei��ed or on tlle f f�� (Sth� k�usiness �ia}�� fter the day on which such i�ntice is niail�d and properly acidressec�, tivhichever is earlier. [f to City�, ad�iresseci td ��.r�s and F�.r;cr�atior3 Direc�or, P.[1 �3ox �'48, C"'lea��ater, FL 3375�. '4V�t1� co�y t�: Cit}� �ttonzey, F.�. Box ��48, Clean��ater, F'L 33?53. 2. Tt t� A�ei�c.y, a��z-essed to UP�LC, C�3ief E.xect�tive [�fficea�, 15(�I IVo�-th B�Zcher l�oae�, Clearr��ater, FL. �3?6�. AR'T;iC'LE VTI�, FFFECTIVE D �T'F '��i�� ffecti�r� c�ate of this a�ree�n�ent sl�all �e as di the tir�t d�y �f Oci�ber 2004. � I1V i��'I`T1��SS WI-�ER_EC)F', the ��rties lacret� �a��e set their ��a��c�s az�c� scals tl�is day of ��.� �-e--� . _, ?OU4. _- � Cauntersi�ned: CIT�r (�F` CLEARWATEFt, FL.�RIl7A riatl3. Auigg Mdy�r Apprp�ed as to fc�r��1: �t ,,� � �, L.a«ra p��s�i -- — Assist•t It City Att�racy 13y: � .�___ - �� L�rillia�tl F3. Hut-��e, fI City 1'vit�na�er A.�t�5�: -�---, �y�t 1 a �:. Gauaa�au �it}f ' �r'� `:-' E a'_' +... i=' [' C'.1� pINELLAS AS SQCIA'�IC)�T FC7Pti I�ETARDED CITJZENS, 1NC .° + � �J �k ' � �� -- � - � F�ril�ted Z'r;am�. �,_c.J� �� "' (:`�zi�:f E.xecuti�J� icer Exhihit "A" �.�gal D�scripti�n A tract of land iying withir� t#�e Nonthwest �l4 c�f Section T, Tow�shi� 29 �outh, Rang� � 6 East, Clearwater, Pinellas Courrty, �Ic�rida and beir�g mor+� par��cularly described as f�llows: Comm�nce at the fVorkhv�+est carner of �aid Sect�an 7; th�nce S 89°35'Sf�" E, alQng th� �Ic��th fine af the N�rthw��t �f4 of said SectioE� �, fc,r S�.OD feet �Q the Ea�t right-�f-way line �f B��cher Rnad; ther�c� S �D°04'�1" E, along s2�id East right-af-way 1ir�e �nd a�cang � din� beir�g 55.�C} f�et East �f arrd parall�! to the 1Nest line �f the �Jc�r�hwest '�14 of sa��d S�ctic�n 7, same ��sr� �eing the bearir�g basis of this d�scription, fo� 484.50 f�� fa th� Sc�uthwest corner of that property des�ri�red in C).R. Book �24T an page 'l429 and beir�g the Point of �eginning; t#�en�e S 89°3 s'S0"' E, a�ong the South line of sai�i praperty, and alonc� a line 48(7.48 fe�t Saut�r �f arrd parali�i to the f�ort�a lsne af said Northwest 114, foT 39t�.f�4 feet �a th� ce�t�:r of a sanit�ry man�c�le; th�nce car�tin�e S 89°35'5�" E, �lang s�a�d parallel line, f€�r 272.�i5 feet #o the cer�terlin� Qf � cre�k; thence south�;ast�rly approximately 85�1 fee# �lon� sai� centerline, s�me also k�eing the westerly bounds af th�# cer�ain pr�perty described in c�.R. �o�k 585�, orr pa�� 1{3'f2, #he f�flawing nine �9j courses being used for cEosure purpasesa (� ) th�nce S 3�°42'24" E, for 1 U.60 f�et; �2� t#�ence 5 20°�6'2�" E, far 139.5C1 #e�t; �3} #hence S fl1 °02'�2" E, for 1 aQ.92 f�;et; (4} thence S�6�4�'[]4" E, f❑r �2.9�i feet; (5) thence fV 83°42'S1 " E, f�r 33.7C1 feet; (6} t�ence S 65°53' 1�°' E, for �Q.�B feet; �7} t�rence � 54°52'27" E, for '� 46.4� ieet; �8� #hence S 47°1�'35" E, for 199.�8 feet; �9} thence S T9°5�'47" E, fr�r 9�.�� eet; thence, I�av�ng s�id creek centerfit�e, 5 89°3�'1 p" E, for �5,D0 f�et t� the perpendicular intersectic�n with the East lin� of the Northwest 114 �f the NQrthw�st 'l14 of s�id �ection 7; thence S CIC�°23'S0" W, a3ong said East fi�te, far 324.98 fe�t to the Sout#�ea�st corn�r af ihe Narti�west � f4 of the Northwest 114 nf said S�ctiQn 7; thence �1 89�44'07" W alone,�. #he S�u�h line af the Rlarthwest 1l4 c�f �he Northw�st 114 af s�id �ection 7, far 23�.�3 f�et to � a pa�nt or� the nvrtheas#�riy right-of-way Fir�e c�f a 6f].�� foot Seaboard Coasi Lin� � �ailroad right-of-way; t�ence N�2°45'1�" W, aic�ng �aid nor�heasterly line, �or 1085.2� � feet t� th� East ri�ht-of-way line �f Befeh�r Raad; thence N�(?°04'S1 "' W alor�g s�id ��st �, I�ne ��d alan� a lin� 55.(7a feet �ast Qf an�i parallef to the 1Nest line o� th� Northwes� 114 ��f said Sectit�r� �, for 539.2� feet to the Paint c�f Beginning, and cr�n#aini�g 1�.78 act-es, rnare or less. m r �C Q 2 � [�J '�' � � � Z � 1'1'I s� T `" � � � � � � � � m � � � W � 'Q Z � � fil � � m � T � U � �7 � r � z � � � � , w � (D � � � W c�� fl� eL��r�w.��r��y�LECTRI+C C�IARGES TO� L�rx�� Tori��rt Tc�n1 Btac:kl��,` FP L�� 1: D�."F'E: �iC]IV �'HLY IELECI RIC �UhIPL7T.�'I'It7;:I i"?�i-znd fzo��i/pe�•ind #n 1 ��F�� Bttildin�; IVleter �� P+�ul �'I�t�r 5 �ookhall Li�ltis 3 Center Share c�f P�riineter Li�h� 1`3&,32t? 25,61U 7,I3� �,560 I,�b5 �1 #�# #5 #3 (#3-# a) (#:3- #�] %? C.erater's �afoantYily KG4"H 1�.�`'i #I+#�*#5+(�k3-#j/2�=LC P L1I'_�RC"� �Io��tl�y K�NH '�B��,I3t? 1"18,7C1;� n1- LC i'UTAI. KY1+H LJF't1RC`S KIhFH TC7T�L 1<iNH UPA�{t�'� USAG�, °� cr�r�r�r��s xuvr� TC7TtaL K4tiH CEdVTE�'S i]S�GE % 5tatenienr tln2ount iJ-1'�'1�iC'S SHr�i�E CEIVTIEI2'S �;�IARE 3.OTAI_, STAI'Eh�'lEN1' A1VEC��;NT 1��1a�:e Check Pt�y�trle tc� "CIT°�' f]F CLE.IRT��'11TER" +�ttention: I' C] B+�x 4i�$ CI�arwater, FL 3375b-474�3 iN�'C.3iC'�? �?U� CJI'(7i1V RECEIT'7' i 283,13fl 11$,7Q5 283,13a �1.�� 4 �6�,�� ?f�3,1�U 58.[37 0 �19,Q89.�0 �$,OL73.�4:� �1.1,C1�5.4?b �1�,�s�.�a �,: 30 i365 FLCJRIl�A PQWER -- h�ET�R READI�iGS Reading C]a#�: 7,12120D4 #M Main Met�r This reading: {i � 1 7 3 2 LasE Month Readin�: 0 2 0 5 0 7 1 2 3 1 x 230 2 8 :i 1 3 L� K'WH #1 B Meter This eeaciing: Q 4 4 3 3 1 {#1 Niet�r) Last Mor�th R�aciing: Q � 3 7' 6 3 � 6 8 x 246 1 3 6 3 2 C} KWH #2 Katcher� MetEr This readir�g: 3 4 8 9 1 (#2 M�:fer} L.ast Month Read�ng: 0 3 4 8 9 'i x 24Q #3 BS MeEEr 5itelSports j #�4 �8P M�t�r �;; :�.;�,s} (�D � � � - W :.. .....ciei� �Fca�ibal I l. ,yE-i [s j This readittg: 7 5 7 9 '� Last Month Reading: 4 ? 5 4 (7 5 3 8 fi 30 Tl�is reading_ 1 6 $ 4 1 1 �?±;t-[ �'•;�;�fl�I' f�t?:1F_�Il�i::.a: �I 6 5 8 5 6 — = 1 I,.; I i i� i��:r. � �iC; � .._ i_ `- .,I ,'. .I riI Last Mon[h Reading: il � 2 7 1 3 1 1 3 1U 3 2 � KWH average 3 8 6 p KWH - - � �ri 1 3 0 }4W'H FlRST Al1A�NOMENT TC} AGREEMENT TH{S Am�r�dmes�t t� tha� certain P,greeriler�t ("Agreern�nt") dat�c! Oc#obe� �8, 20�4, is her�by made and enter�d i�#a on �c�t�'} �p��, 2008; �etv�+�en the �ITY DF �CLEARINATER, FLC)RIDA, a m�tnicip carparation of the St�t� of Florida, 4"City"} and THE UPP�R PIh�ELLAS ASS�CIATlQN �C3R RETAR�ED CITlZENS, fNC., a �I+arida nan-profit corparation, ("Ag�ncy"�. V�+H�REAS, City �nd Agency ag�ee tc� �rner,d the Agreem�nt befiween t�� te�v� parties ta dec�eas� t�e ar�a to be occupied and us�d by Agency; and, 1N�€ERE�IS, #k�e Agec��y's resp�nsibili�y far ceniair� cc�sts rel�t�d to its use and occupation sf�afl be carrespo�d�ngly decreased on a�ra-rata basis. Y �JC3�JII T�-ti�R��C�RE, the Agr�ernent �s hereby arn�nde� as fo�lows: 1. The City an�i �gency agree that c�rtain a�reas of #h� bui6�iit�� vui}I be returr`�ed tr� the City far the City's us� in cc�r�jut�ction with the Center �s reflected in Amer�cied Exhibit ` B", �ttach�� f��eretc� and incorp�rated he�ei�. Amendec� E�hit�it "B" shall supersede Exhibit "S" in all resp�:cts an�i shal! b� binding o� ��e parti�s. 2. Articfe fil, P�ragraph 5{a}{2) is arr��nded to pravide th�t th� Ag�ncY PaY 4[3°/0 of the f�llc�wing enumeratec� cas�s anci shali read: For the folfowir�g itera�s that are sh�r�c# with the City, the A�er�cy u+rill be billed manthly tr� pay 4�°/0 of t�� bill, p�y�ble by the �f�t� of the r-nonth. • 'iNater - damestic {�xcludes pc�c�l water} • Sewer • Storr�� Water • Gas �for h�f wat�r f�e�ter boi�er� • �Jtiiity Yax + Fi�e AlarF� Ma�r�tenar�ce � Cfectricity �exclud�s th� aq�r�tic fac�lity, athletic field lights, pl�yc�rc�ur�d � lighf� ar�ci cat�cession ar�a met�rs} � � :s. ��rrticle ll, Para�rapf� 5{c} is arr�end�d ta �rovide that Agency na Icanger be �'' ; E��:��G�si�le for air cor��i�ior�er and re�af capi�al m�intenance �r�d sha�i r�ad as fc�llaws: 1 h� Agency wili prnvide replacen�ent m�inten�nce fc�� 11 rT��jor ca�ital corr�p�nents af th� buildir�g ir�cl«�finc� painiing, piumbing a�ad electrical for afl are�s d�scribed in Exhibif :��:, 4 Articf� Ilf, �aragraph 2�f� is added t� provicle ttiat the �ity shall f�� respc�r�sible fc�r asr candifianer- and capita! r�aintenance �nd s��ll r�ad as �c�llows: The City shall provid� for re�l�cement mair�ter�ance fr�r all majar capital cas�po��ents of th� ro�f and HVAG sys#er��r fc�r �II areas �f the Center, inc€udinc� the �rea as aescri�e� in Arr�endet� Exhibit "B'. 1 IN WGTh1�5S WHERE�F, the parties h�ve execut�d this Ame��drn�nt t�� day and y�ar �irst abc�ve ��ritten. C�ur�tersig«ed: CETY C�F �LEARINATER, FLORIDA �`"`"��_�f, BY: -�'�!^-� �W.�'i �L �,�,� � a�ik V. Hibbar-d 1Nill�am B. Horr�e, II Mayc�r Gity Manager Appr ved as tQ fc�rr�r�: � �� Laur� �.ipawski - Assistant City Attorr��y Att�st: ��. �� k;ynt a Gt_,�at��u �C1i#y Clerk: ��,nfr,y� '��' �" THE �L1PF'E� PII�ELLAS ASS{J�IA f I�)�J FC)R RETRRaED T�Z i�lS, �NC. � �� j 4Y .. � � � � R� II �. f ��- ._ d � �'I. F'rint�d !�'2�me: —ti ,,,_ r.,, , . -_- -s- �- - . . � � t. � ihc��r�as J. Buc�ley, Ed�� Execu#ive Dire�tor Upp�r Pir7�ikas Assa�ra�ion of Re#arded C�tizens � m � � � W �-�'` � � �, �'�; ` � ti , "� �,a � �'�` .'" �:,� � �.. �� ; � �� -°.. . , � .�r .�� C] � � Z (�D � � � W �� u� v m d o � o �' �z �� z� �° � C'7 T m mQ �� , _ ,___ __ _ � A -� � — � � y = �I i: '1,..�—��.�—_� _ - I— ^•-�'r � -- — ..—. _�'; � 1' � _, , i, -- - - �r_.,. _...::.._..r ., - �.�� -. . . . .. ._. - -- . . _ ..- . -- .-� � � � 1. I � • � .I.:y -�- � �t, � ,,.,�� . �!>1—,f (''' . � ,' � l�� :':_-n �._ — ' - �.,--P- - � " .`i- � ji � �� ..._ — — --- r I --�;—=•+i, l il � � L � � .� i-- _ y. � �` �, s __ � — — —:. � � �,� � ] I _ - T, � i � i� � T ' �3 i _ ` --i - ��_ - - , ` __ ,, . � r _ �T�� r �`==�' ��'�'� � � '� Ut _, . }i, � �� 1 � � `� �� : _,� (� � � , � , , , � , � ii �- r�-- , � _ 1_' � I_ �:. ry�; � I''_"rT'I — - — -, � , � ; _ � � + �. � , -- � , >, , , _ ` o � _ � � � � �IE _ _ _ ,� _ � _ __ �, , - . - _ _._ �E � �--_ �_ .i. m � ' i_�I � I� � '. , i. - __�..._.� �.,�,� _ —_ -., '�-°-f �--� . � _ _I . t1 __._�. _ _ -- _ ,�_� -�. . � � _. � �- � � � _ � ' . .. '�'' ,a.y � �\\``� � �ESr�r:�x� 4.� ; � � � �G `:`� �:� � � ;.� � � : � �: � \ \ ., . C? �� a\�� : � i ��\�\��'`�.,� � \�� , `��,�:�:. . � r� � ;i��y '� � ; � y''� \�� r .�rs � \�`�'.` � � . ��V� �� I+�"`� \v AA� -,. �� ti �\ � � :\ ` \ \ � k � �`;� � �� `��`''` � �� ' '• /V \.::�\�� :�\� � ,� ' \ . �� \� \\\� ` u . .. .. �.....,..\..�..�`\...�,.�:\:�.x�; � � _ ��y W " � � � � � � r � � � z � � � � , w —� � _. b i -- - -, � i, ,I:. _ � � � I �=�I = _ .o.__. � — -----°- - fl�; �� .� r° ; � � �� I �� __ �I� � � � �iJ` �I � o o c� i : I 'I I,�—�-� �I{ j �I I�I � . , �'� f _: � � ; �. . ._.�.,,... _. -- — — ._� I I _. � ` � __....._......_ . : . i I �: .. . . � � i— __ i I ; ?!: � � ' '! � ; � ,C� � ' O '�� i; � , . : ,- � C7 , ' _ I I. � ' L_ ��-d� ' �. ,; , „ � � � �f �� '�', D � __----- , � ' ; ,�� , � � � � ,I �I_ ��_-- i I � �:� I� ��.,!� �� - +� � � ' �; - __ � �I � � i � � --� m � .._�,-----.i ' �' Xi11b1 � �r��r �.�()��i'liC.,�I�l"�' � � t.1C.t�l):�T�C..�� c.�t� '[':� e-€ �:� 13:�� f'�r �;a�f. �zr�; Rcstatc[� A�reement for The Lnng Ceuter Foun�3ation �'und within the Curn��iunity Faundaticru Uf Tampa Bar� THIS AGRF�;Pr'fENT rnade anc� enterec� irltc� �n tliis _ ciay Qf , 2[] 12 is between LoE��.�> ��lt�� Foundatior�, �r�c.. Fr�derick F.. Fisl7er {"t1�L [�Qnors"). a.t�c� kiie Cam.nunity Fovndatio�� f Tampa Bay. Inc. {"the FouiZdati�n"). 'Nr'1T1'+�ESSFTIi; WH�REAS, t!» L3oilors d�sire tc� estaUlish, anc3 the F�uz�claticm is �,ilfing t�i i�c�f� ti�7d a�mi�iister r cllaritable � rtc�o�vrt�ei7t fuiid {"khe F�in��l" }, anc�, WHEREAS, in SectiQa� G oftt�e "Fourtl� Ar��endment to th� Il�ree��ient F'or 7'ri� L�ng Center Fai�ndation Fund Wi[liin t��e Comrr��r�ity Faurrdatican of Tam�a Bay," dated �larch �, 2[1Q7, Fr�c}eric.k 1, Fishzr was �i�eil the a�rthority to represettt tlze ari�inal enntrik��.itin�, d�annrs in al! prevAC+tis fund �greetnents in such $m�ndment and �ny� �ul�se�u�.nt amendmen�s, and, �'H�REAS, the Dc�nor�s I�ave hereby irrevoe.ahly� gif��d, transferred, and assignec� to t13e Fa��ic�ation certa�n t�.sse#s, T[l HAVE AiVD "T(�1 Hf�LD tf7e sanle a��d a�ly' other assets w��hich the Fnt�ndat�c�n may �c��iire as �i� ac�ditian to the F�unci alf e�t which shall be su�,j�et to the terms and conditic�ns t1�r�ein set �o�Eh: Nuw therefnre, in co�nsi[3eratit�m of tl�e mutual cUe°ena�ts rc.ntai►�ed �erein, tkie p�rties a�r�e as foitows: NAM�: OF I'UIYU Tl�c �'�in�i 1Zerehy createcl �hall be knc��rn as tlie Lca�g C��*.Pr Fo�:�ad�tion Fiu�d. _. Nt�uras� ,"�. �r�sjnts fi�om the Fur7d sl�all 'qe to p��ovide s��pork: � . to #he City t�f �learwater, Fiorida far o}�eraiians, «lasnter.;�nte, and i�nprc�v�ements af t}�e L.nng Center, a facilit} o��necl and adiniflistered by tl�e C'itti� �.�FC:learwater, and � � ii. foa• prc��rains held at tlze Lon�; C:esiter that are Uponsored �y either th� City c�f c,� Ciearw�at� r or charitable tax-exPmpt c�r�anizatians. B. Graizks to t�ie City r�f C�lear��ater fo.� besief7t of the Lon�,� Centei- shall tert�iiziate it: tl�e C.sty terminates its rec��eaiiona] oper�ti�cis and proa�-ar�3pnin� at the L�z�g Cerrter fs�r ��ly rea�o�t nr ii, tlie Use A��reeinents tivith Clearr�=ater fs�r Yout21 (C}�`�'} andlor Upper Pin�ll�s Assoc�a#ion fc�r R��arcied Citizens (UPARC} are t�rminated witho�ii mutual a�i�ee►nent. !f pa�°rner�ts to tl�e Ciry ot Clearwater are terrninat�d under the above prov�sir��s, tlie �o�indati��n �ha11 make arar7ts t�-orli tl�c Pipnd tc� C!3ari;ahle t�r��niz�;ions t��aa pra�ide suppart �r acti4�;ties tc� ciiildren ar�d 4�oung a�ults ii� t�� gr�ater [:lear�vater. filari�a a��ea. E.�ng Cen[er Fc�u�ldaFiai� �und. DES.CFTB � agc 1 uf 8 R ew. 6?6 I 3_ver �0 G i.L�227. 9 1: �4a GIFTS .�. A�1 �ifts and transfers �� this fund at its incepti�n ��re rec�iv�d from dc�taors tvllo were parry to ea��lier ftznd agreei�7eizts tivhic�l grarlt�d a�ariance pow�rs to the Fr��tn�ation. i3. Oi�i�ieial Dorsors �a t�7� F�ir�d (�.hhihPt A} and subs�quen# de�nars tc� the Fund will receive ��ft r�co��itior7 it� the Ft�tcnr�atia��'s �aanual reports. �. Ai�y pers�rn �r�liether an i�idividual, eo�pc�i�ation, trust, esFate, or ar�an�zation n�ay make a gif't tfl the Fn�rndatic�n as at� additic,n #o the F'und �y a trarisfer k� the E'out�datic�n �f assets acceptable tc+ th� Fnur�dation. All �ifts a[�d bequests shall be irrevocahl�, D. ��r ac.io�intin� �urposes, a s��arate fund may be established by the �'ounr�atian ta account far git�s r�ceiy�eci ta benetit the 1�on� Ce�zter and tl��; City crf Clc.arwat�r fc�r whic�i the de�nor �oes r�ot ex�licitly grant �ariance pawer to the Foundariai�. AMOU]'�TS OF Gl2ANTS A, Ann�a� grants for 2p 12 s�all b� ir�acie in the total arnQUnt of $125,Qfl{�. B. Subser�raez�t ta 2(} 1?, th� r�nundation s17a�1 rnake grants fram the Fitnd basecl ora a ca�culation and frequer�cy s�t frcrm kime t� tim� bv its E3oard of Trust�es, currer�tly at fi�ve p�rc�nt of the fund �alanc� as of D�c�i°�b�r 31 af th� pre�ioiis year, pay�able M�rcl� ancl Sept�in�er. Sul�sequent to 2f}12, the niinisnu�7� annual �raiit wiIl be $14�,0�{�. �'. F�cept far the �rant specifrec� in Sectic�n 4.A., ahc?w�e, and thre sninin�cym �ni�u�l �rants s�ecifizel in S��#iern �.5., abo�e, grants r�iay rsot inuade t��e prir�ci�al �sf the fund and sl�all be rn�de anly from a�curnulated zarnings, as defined in 5ect�€��14.�.ii., belo��, oftt�e ttind. . Principal of the func� is definec� as tlie ftmd balance of $3,894,658.41 at Dec�inb�r 31, ?{}ll, plus suUsequent gifts recei�ed inta the fund, plus tl�e annual �°/n gr'owth c�escrih�ed in Secti�n 4.E., below. �lccurni�latcd r;arnings is detine�i as t��e accumulation of `f'ota� i�eturei, �s detined in Section 4.E., belvw, l�ss gra�ts inade, less the annt�al additions io principai des�:ribed iP� 5e�tion 4.E., ��lativ. � � i k. �_• •-rU11 41 i'liteti C� uc5t �f eith,ec the Uirectc7r raf I'arks ar�d l��creatias7 of the Ci r Ot CI�7i'WcitP�C C1F' � � � � � tl�e Soard of Trustees af Long Cer�ter Foui�datic�n, Inc., di5tributions may be less than th� � ��er�enta�e currently reco�n�nended by� the F�undation. If r�eferred, the D�re�tt�r r�f Parks and � l�ecr�atian ot tlie City of C"lear��ter n�ay later reauest in «�ritiiag tl�at an accun�ulated �iistributic�n be �nade. Such rec��esa shaIi r7�t exceec� the excess of tl�e sum of Clle prior six s�mi- atlnual paym�nts as caicu�ated in tl�e �recedi��g par��raph aver ille an�ounts paid for such p�riads. I�istributio�l c�f pre��iauslv c�eferre�l atnourrts as prdvided in this paragraph shall l�e in additifln to an�aurzks deker�nin�d un�er Sectian 4.B., above. E. Ii is the intent ofthe Donors that th� Princi�al c�f the t�ind �e increasecl annually by� nt�t less tl�an 2r��cr �erce�c (2%) of th� b��;inning c�f the y�ear fiund bal�nce fess the ann�zal �rant paici duri�� the c.alendar year, an� thal the ir�cr��se will �� funr�ed by the "Toiai Retucrz" c�f t4�e ftind. For purp�ses hereof the ter�n "ToFal Returt�" shal�l ��ean the �rdinary itro�ome �di�idends, ir�terest, reslt, etc.} pltxs or mint�s reafized and u��realized capital ga'ins arrd lasses �arned by t�te i»vest�tier�t of assets c�f #he fa.an� less de�uctions far itivesirl�er�t mana�emerrt fees ai1c� adininistrativ� fees. [-vi�k Cen4er Fbundat6ur7 Furi�i.C}ES.0 Fi13 E'agu Z uY 8 i�ev, b?Ul i,_�cr ?f19?.U?.?7. ] I.i4a The provisians of this Sec#ia�1 4.E. shalI be�i�� dur�� calerid�r y�ear ?�12 �nd be based t��c�n a pece�iiber 3l, ?QI1 valtt� Qf $3,774,�5�.�1, w•llicl� is the decetnl�er 3I, ?011 fund balance tif $3,$99,fi5$.�1 less th� �►'ants ts� be pai�i durin� 2D12 af �125,(}[10. RECIPIEl�iTS flF GRANT'S A��nual �ranis, a� ci�[ennined in 5ectior� �., abave, s}�ail be paid as follows: A. 7"he [�ity� afC�ear4�ater sh�ll receive th� lar�er ot 3°!n ofthe fund �alance or $�D�,[�(�� ofar��uai grant to use at its discretio�� in o�erating or rn�intair�ing the [_cr�g C�ntr:r r�r in prnuidin� pro�ram services at the Ltan� Center. Sf3ould th� a��izual �rai�t l�e I�ss il�an the lar�;er of 3°10 af fhe fui�d b�lance ar $20�,04[l, tlie City� of Cleanv�ater shall r�cei�;�e the entir� �rant. 8. Annual �a��t a��io��r�ts irl excess o� ampunts �eteriz�in��1 in �ection S,A. shail be directed to the City of Cl�arw,�ater fr�r cl�aritabie tax-exe��t ��,ar�izations to augineflt ar fully firnd their pro�ran7s at tl�e Lan� Center. The ��aniii}g af`these funds r��vill l�e detern�ined by T�'�e Uirecir�r a#� tlle City €�f Cle�rw�ater Parks and Reere�ition Depart�ne�lt. Pay�nei�t of these �raz�ts shall be �nade by the Fc�u�idatiotl directly ta the Ci#� af Cleanvaier or the ��eci�ient ct�arita6�e tax- exe�r�}�t or�aniz�tian(s} tipo�� (1) receipt anc� appraval of a w°ritten re��dest fro�n the Director of the �ity t�f Clearwak�r l�arks and Recreatior7 17epart�rient wlri�fi is accompanied by an ex�lanation oi'� the progr��m(s) such recipient or�anizzatian(s) l7old at tF�e Lr�ng C'enter; and (2} the Eaund�tion's deterrninat��n tha� the prs�p�rsed recipient or�ai�ization is c�ualified to recei�e a charitable ��-ant. b. ADMiNISTRA"1'1VE AND VARIANC� PR�VI�I�IVS Nc�twithsca��din� any�ching }��reita ta tlie eontrary, th� �'aundatiar� si7all administer the �'ur�d �urstiant to applicable Flc�ri�a stat�ates and subject to its Articl�;s of ]ncarporatian, Bylaws, ar�d any ftzture arr�enc��iesits adc,�ted by th� Boarc� at Tr�stees ❑f th� Fvundatic�n� Ttie Fc�undatian si�akl �ave a�l pc�wers c�f modifi�aticrri or rernn�al of purposes of th� Fund as specitied in Section 1.i7[lA- 9(e)�i l}(�j(B) csf the Treas�ry re�,ulations, as am�nded. This regulatian protects t�� Fu��cl ti��o�n absofescence. Shc�uld, in ihe sole discretion of tl�e Board of Trustees nf t�e Foundazion, the purposes for w�hie�� the Ftind was cr�atcd ��er became unrtecessary, ir�ca�able nf fulfillra�ent, undesirable, im��raciic.al, ol�solete, or nv lon�er acfa,�ted to the ►�eecis of tlze c�rnmtinity, it is khe Bo�C�'s respc�rasibilit�� to i.ase the Ft��d f�r ��urpases ��Iich n�ost nearly appra�imate, in ilie goec� faith apiniqn of � the: f3�7��,�d, �}_,� c�ri�;it,al purpose taf the F'��F7��1. � � ; . f�tl� � 5�;�'�It'�'TE TRL'�T � All assets �n the Fund shall b� a compor�ent part of the Fot;r�dati4rr as det�ned in ��ctir�n 1.17DA- W it e)(t 1) af the 'I'reasury re�u�ations, as ar�enciec�, ancl ricat a separate trust or ric�n�rc�tit e.c�rgoratior�. �., 197e exclusi��e legai cantrol ar�er the i=und shali b� v�st�d in t}�e Foui�datiQn. S. 1iVti'F.STMENT +aF �Ul�t�il3S Thc: Tc��,tnda�ic�n sl�all invest the assets r�f tl�e Fui�d as it deetns appra�riate ar�d tnay� eam�nit�gle said ass�ts �viih �ther �ssets of the F'o��ndatican, prar�ided that the separate ideiztity an� accounting �f the F��nd s#�all �e maintained. ��. F'F�S Th� Fc7u��dation s11�11 be entitled ta reas�nable compen�atiern for serr°ices rendered itl ihe perf'ortt7ance of this Agr�en��nt in accc�rdance ��ith its pu�slished administrati�� t�e schedule as ic tnav i�e amended by its Board of Trustezs irc�iY-� tin�e tc� time. Such fees shall not exceed ame�unts char�ed to Agency fLinds in ac.cc�rdance w•ith its pu�lisi�ec� f�e scheciule, currently [�.�% �er an�um. Any casts incurred by the L.x,r�� C'erttee f uundati��E� Fund.U�ti.CFTB Page 3 ul'S Rct. b.?Ui l ver 2s;�a?.U2.27.1 ]:34a � m � � c,� fioundation in accepting, transferrin�, or mar�a�ing assets donated to thz Foundation for tll� }�ur7d shall alsc� he paid fram the Fun�. i i7. OTHER It 15 r7IliIC1p�TL'CI i�'L�F ��'i2 Long Cer�ter Foundation Fun� �a�ill �e ittcreaset�' b4• tfgese ic�lr�wn do�aati�ns subsec{uer�t to the �xecuti�n raf tl�is agreemenT: � Harris E_ "Zip„ Long Fouildatic3il, i��c., datec� Nia;�� Z.i. 199�, wl�icl� is tc7 �enninatt �ec�mk�er 31, 2Q34 • F.E. F'isher CRUT �NE, dated I7ecember 21, 1�94 • Herbert C. a�ld 1'v1�a�is Schwart� CRUT, dated D�.cember 21, 1994 • lohn 13. and Gloria G. Swe�er CRA°I`, dated Dece�nLLeer 17, 1993 Copies af tliz Fisher, 5chwa�-4z ��d Sw�eg�r trust a�;reeinents were receiwe�i by the Faui�c�a�i�n a�°� April 4, ?Ol l. Il'+T W1TN�SS W H F.REUF, t�e Clonors and the Foundat�on hawe exzcuteci this Restat�d A��eeil�ent as c�f the date tir5t abc��e written. Charles "Tsip" Wea�rer, C��airntan Ti�e Loi�� Center Foundation, Ine-. Fre�lerick E. Fisher +C3n E��hdlf'of il�i Clri�ii�� f�c�i�{�i'� t ren� F, Marsi�ali, (�'f7airinan c�t ti�e 1doa��d of "I'rustees ��rminunitv Fa�un�dntio�� oi'�'a��ipa C3ay, lr�c. Luns; C'e�iter F'oa�ndation ]�und.9Jl�5 Cf�'1 €:4 Pa�e 4 c�f 8 3�tv C� ?Q l 1_ver 2fl 12.U223:11:34a m � � c,� Res#ated Agreement fa�° The I�ong Cer�ter Found�iio� Fund v��ithin the CQm�nunity Foundation �nf Tampa Say �xhibit A []riginal Danors Gwendalvn M. �herricl�'�'rust G«�endolyn [vi. Siier��ick (��c�asec�) Frec�erick E. Fisher, 'T"ruste� F`rederrck �. Fisher I lb6 Li€ic�enw�c�d �rive Tar�on Sprin�s, F'lori�a 346$& [�an and Raz 17oyle, Sr. 7 �tane�;�te P�ace B�ll�air, Flc�rida. 33756 l�att Carlisle (Na�line Carlisl� — Dec.ea5ed) 4Z6 S. A��re��s L�ri��e Be;lleair, Florida 3375{� Shirl�y' Lc�reg (H. �. Lang — C7ec�ased) 7 S� Bell�vie4v Baule�fard ##207 Belleair, Flori�ia 33756 Ray° and Nancy� Murray 5 Braeside I'lace Clearw�ater, �'lnrida .i375� .1. W3rr�n H��hes 5 � F�c�gers 5tre�t t:'�earwval�i', Fln��id� 33i56 1�i�� E. 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O+ � c °c �`t �f .-�+ m �ij a ao aia V �+ V ti � v 4 � ; C e�v 4 y LL G r u � v - � m� � �., N t7 N 4 0_ ( � 4 .c � c � � � O I° � N � � � Cr � ` � .A �. w` C p � � � � a' � � O v_ s+4 o i a ri � � 4 � °� Q ry � m m o m � o`o � c v� d v v s ` - c e' c a � � �+ - a i � � e` a`. = i m m G N� 0 m t SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 Approve a new Capital Improvement Project entitled North Greenwood Athletic Fields (CIP 315-93629) far$300,000, to be funded from Community Development Block Grant (CDBG), and amend the project budget to recognize a$25,000 donation from Clearwater for Youth (CFY), as well as any addirional funds available from CDBG, when either a written agreement is provided or when the funds are received. (consent) SUMMARY: The North Greenwood Recreation and Aquatic Center (NGRAC) located on Martin Luther King Jr. Boulevard has been in operation for the past 8 years and has become a hub for recreational, social and leisure time activities for the residents in the North West section of Clearwater. Recent improvements to NGRAC as well as the North Greenwood Library (NGL) have allowed for new partnerships with the MLK 1r. Family Center and the Boys and Girls Club to provide expanded programming to the community. Together, the NGRAC, NGL, Jack Russell Stadium and the large green space used for parking offer a campus type atmosphere where many of the needs of the community can be met. The only green space for children in the North Greenwood area to play sports on is at Phillip Jones Ballfield and property owned by Pinellas County School Board behind Clearwater Comprehensive School. Approximately two years ago, Phillip Jones field, home of the Greenwood Panthers, was closed due to environmental issues. Staff is proposing that the grass parking lot be retained as green space and that practice fields be constructed for the youth of North Greenwood. Construction would include raising the area with additional dirt, irrigation, grassing, fencing and lighting. Staff has met with Winning Inning and they fully support the project, realizing that some modifications to parking may have to be modified as well as their agreement with the City regarding Jack Russell Stadium. The first phase of this project is being requested now due to the availability of unused CDBG funds. This phase will consist of the construction of one full size multipurpose lighted football/soccer practice field. The second phase, which is not a part of this item, will be to construct additional practice facilities on the site. The main user groups will be the Greenwood Panthers Youth Football program and the partner agencies at NGRAC. In addition to the CDBG funds of $300,000, a donation of $25,000 has been secured from CFY. Once these funds are received, CIP 315-93629 will be amended to reflect donations. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: Funding from Community Development Block Grant. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-93629 Review Approval: $300,000 $300,000 201 l to 2012 Amount $300,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Yes $300,000 Item # 14 City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 SUBJECT / RECOMMENDATION: Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2012/13 special events, including five annual City events and twelve City co—sponsored evalts (an increase of four events), at an estimated General Fund cost of $363,340 ($24,300 cash contributions and $339,040 in—kind cmtributions) and Enterprise Fund cost and fee waiver of $103,790 for the purposes of Fiscal Year 2012/13 departmental budget submittals. (consent) SUMMARY: According to City Council Policy Item M, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed. Staff has provided a chart that shows the recommended level of cash and in-kind contributions to be included in the various departmental budgets for Fiscal Year 2012/13 for City sponsored and co-sponsored special events. The chart also lists 34 additional special events requiring some type of in-kind support from the Parks and Recreation Special Events Division during Fiscal Year 2012/13. It should be noted that this represents a total decrease in cost from Fiscal Year 2011/12 of $41,800 in the General Fund. Major decreases or event eliminations for Fiscal Year 2012/13 include the following: 1. Ironman 5150 — The original first year 5150 race was not held in Fiscal Year 2011/12 as planned and a new support agreement was approved with TriRock Clearwater with the City sponsoring $30,000 for the event yielding a decrease of $58,390 needed for Ironman 5150. 2. Dixieland Jazz Event at Sheraton - no longer needs co-sponsor for parking meters. County manages parking meters. 3. Festival of Trees - This event is now held at the Long Center and is now a class 2B City department sponsored event. 4. Clearwater Gas sponsorship of the fireworks ($40,000) for Clearwater Celebrates America. Major Increases and new events for Fiscal Year 2012/13 include the following: 1. TriRock Clearwater—This event takes the place of the Ironman 5150 Event. 2. Iron Girl —This event has been held in Clearwater in previous years and continues to grow as a major athletic event for women in this region with over 6,000 participants and is the brand's signature event. Requesting minimal support, as they will continue to pay all fees over the $7,500 being requested. 3. ASA Gold Softball Tournament—This is a major national softball tournament sponsored by the County and City. It will bring 76 teams (over 1400 athletes) to Clearwater for eight days and generate approximately 7,000 - 9,000 room nights and a projected economic impact of $8 million to $10 million during the third week in July. Increase $19,000. 4. USF Softball Series — This event has been in Clearwater for 6 years and has grown to become the premier college women's fast pitch softball destination during February and March, generating 5,000 room nights and a$4 million to $5 million economic impact. Increase $17,000 to fund infrastructure support for the event. co�er Memo Cash Requests of $24,300 is the same as Fiscal Year 2011; Clearwater Veterans Alliance ($5,000); Clearwater J��Ic�licll� ($14,550) and the Martin Luther King, Jr. Day March and Rally ($4,750). Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: None for this fiscal year. Request for FY 2012/13 budget. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code Various general fund codes Various enterprise fund codes Review Approval: $467,130 2012 to 2013 Amount $363,340 $103,790 Annual Operating Cost: Total Cost: Appropriation Comment Various general fund codes Various enterprise fund codes $467,130 Cover Memo Item # 15 City of Clearwater Special Events Budget Request for FY 2012-2013 FY 2012-2013 Requested CASH & IN-KIND SERVICES * Dixieland Jazz Event no longer needs co-sponsor of parking meters ** Festival of Trees now a class 2B event; not a co-sponsor event *** Marine & Parking = Lost Revenue General fund departmeait requests Enterprise fund departr�ent requests Grand total general fun� & enterprise Cash requests � Event previously funde�but not included in 2011-12 Estimates New event to special e�nt process RED FONT = Decreaseii from 2011-12 Estimates 0 City of Clearwater Special Events Budget Request for FY 2011-2012 FY 2011-2012 Requested CASH & IN-KIND SERVICES LEGEND Cash requests General fund department requests Event previously funded but not included in special event process Enterprise fund department requests New event to special event process Grand total general fund & enterprise RED FONT- Decreased from 2010-11 Estimates �E2EEP�i �OiVT = fir;�'r�. ,a°a rr3�z1 i�flfif?- 11 �;+�o��iE.� Estimated GENERAL FUND DEPARTMENTS i erence between Month Cash Bldg & Parks & Police Life Safety Public PWA Sub-Total sub-total FY 10-11 CITY EVENTS, ANNUAL Fire EMS held Re uests Maint. Rec. Traff/So s & Ins ect. Comm. Traffic Gen. Fund 2010-11 FY 11-12 �- 1 Fun �n Sun Festival Events A r,12 , $0 $1,800 $55,500 $28,500 $8,200 $1,590 $4,000 $1,250 $100,840 $97,900 S2,94C� 2 Sea-Blues Festival Ma . 12 $0 $1,200 $10,000 $13,900 $5,550 $1,270 $0 $350 $32,270 $36,620 -$4,350 3 Clearwater Celebrates America Jul. 12 $0 $700 $50,000 $500 $3 130 $1 060 $0 $350 $55 740 $61,370 -$5,630 �- 4 Su er Boat National Cham ionshi Oct. 11 , • , $0 $300 • $9,000 $14,000 $3,520 $210 $0 $0 $27,030 $28,270 -$1,240 5 Clearwater Jazz Holida Oct. 11 $14,550 $2,700 $26,000 $38,600 $7,860 $3,660 $0 $800 $94,170 $94,790 -S62G 6 Clearwater Veterans Alliance Nov. 11 $5,000 $0 $2,500 $1,000 $630 $210 $0 $100 $9,440 $14,440 -$5,000 7 Ironman 5150 Nov. 11 $0 $1,000 $8,000 $37,600 $9,710 $210 $5,000 $200 $61,720 $93,620 -$31,900 8 Clearwater Beach Uncorked Nov. 11 $0 $500 $1,800 $5,000 $1,260 $860 $0 $100 $9,520 59,520 9 Times Turke Trot Nov. 11 $0 $0 $2,600 $1,600 $710 $0 $0 $160 $5,070 $5,100 -$30 10 Outback Bowl Beach Da Dec. 11 $0 $0 $1,600 $400 $470 $210 $0 $0 $2,680 $2,000 S680 11 MLK Da March & Rall Jan. 12 $4,750 $0 $1,400 $0 $0 $210 $0 $300 $6,660 $6,660 $0 12 Hos ice Beach Stroll A r. 12 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 13 Dixieland Jazz Event (a) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 CITY EVENTS, ANNUAL 1 Fun �n Sun Festival Events 2 Sea-Blues Festival 3 Clearwater Celebrates America 4 Su er Boat National Cham ion: 5 Clearwater Jazz Holida 6 Clearwater Veterans Alliance 7 Ironman 5150 8 Clearwater Beach Uncorked 9 Times Turke Trot 10 Outback Bowl Beach Da 11 MLK Da March & Rall 1 ospice Beach Stroll total $24,300 $8,200 $168,400 $141,100 $41,04 � 2010-11 $0 -$1,800 -$7,200 -$26,160 ;�7��? Estimated ENTERPRISE FUND DEPARTMENTS Month Solid Gas Marine� Ciw Harbor PWA Waste Marina Parkinc �- A •r,12 1 , $1,840 $4,960 , $0 $800 $300 Ma . 12 $1,390 $5,310 $0 $160 $200 Ju1.12 $1,030 $1,370 $0 $160 $100 Oct.11 $300 $2,180 $1,200 $160 $560 Oct.11 $3,420 $7,220 $0 $800 $1,801 Nov.11 $140 $0 $0 $0 $100 Nov.11 $2,000 $0 $0 $0 $24,67 Nov.11 $480 $0 $0 $0 $1,691 Nov.11 $300 $0 $0 $0 $0 Dec.11 $0 $0 $1,200 $0 $290 Jan.12 $150 $1,050 $0 $0 $0 Apr.12 $0 $0 $0 $0 $3,641 � Dollar Change from Budget Year 2010-11 I $1,280 I�>•��a I $400 I $2;p80 -$10,840 � - *Marine 8 Parking = Lost Revenue "Festival of Trees now a class 2B event not a co-sponsor event r: 900 060 2,170 6300 1,490 1.200 $9,000 $3,610 $405,140 $443,790 -$38,650 $0 -$720 -$33,650 Difference GRAND GRAND Differnce between TOTAL TOTAL between �ub-total FY 10-11 2011-12 -g 2010-11 FY 10-11 8 2010-11 FY 11-12 & enter ris Comparison FY 11-12 $6,090 ;'si,81U $108,740 $103,990 $4,75C $4,300 $39,330 $40,920 -$1,59C $4,310 -$1_G�0 $58,400 $65,680 -$7,28C $0 $31,430 $28,270 `>3,16C $6,830 $107,410 $101,620 `.e'�.79C $240 $0 $9,680 $14,680 -$5,000 $44,330 -$17,660 $88,390 $137,950 -$49,56C $0 $2,170 $11,690 $0 $11,6i;. $300 $0 $5,370 $5,400 -$3C $260 `..>i.7_30 $4,170 $2,260 �1,91�� $1,160 >40 $7,860 $7,820 $4C 5 � m � m N City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Approve the grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the construction of the Lake Belleview Trail and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a matching grant in the amount of $200,000 for the design and construction of a 10—foot wide trail for a length of 5,262 linear feet encircling Lake Belleview in Ed Wright and Ross Norton parks. In the future, the Lake Belleview Trail will connect to the Pinellas Trail through a trail that is currently being designed along Lakeview Road. The approval of this grant and the construction of this trail are supported by the 2006 Shifting Gears Bicycle and Pedestrian Master Plan and the Lake Belleview Community. The trail will be designed and constructed in a manner to accommodate cyclists and pedestrians. The entire project is funded through the RTP grant of $200,000 and $200,000 available in the Recreation Trails CIP 93272. Future maintenance of the trail will be provided through the adopt—a—park program volunteers and exish�g park maintenance staff. There will be neither additional FTE (Full—Time Equvalent) requirements nor additional operating impacts for this project. The trail will be unlighted and open from sunrise to sunset. Type: Capital expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-93272 315-93272 Review Approval: $400,000 $400,000 201 1 to 2012 Amount $200,000 $200,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Grant CIP for recreation trails None $400,000 Cover Memo Item # 16 T 1 1 �3� �RTP Project Numberj T1334 (C]EP Project Agre�ment #j CFDA # 2t7.2 � 9 S7ATE C7F FLOREDA DEPARTMENT CC?F Ei�VVI�C�IJN4EN�AL PROTECTIC�N RECREATiJNAL TRAILS PRC�GRA�v1 FISCAL YEAR 2D} 1- 2012 PRC�JE�T AGk2EEME�lT 7his proje�t ag�eement {"Prc�ject Agreement") €s en#er�:d �nta �etween the State r�f Florida C�epartment af Es�virc�nmen#�i Prn#ectic�n, whas� address is 390D Cammonw�;afth Saule�ard, Mail Stc�tion 595, Tallahassee. FfQrida, 32399 (herein�fter referred to as fihe "D�partment"j, a�rd the C�ty of Cler rwater, Fiorida whe�se addr�ss is 1 QD 5outh Myrtle Awenue, Clearwater. FPc�ridc� 3375b (heresnaft�r referred tc� as the "Grantee" Qr "Reeipient"�, in furtherance Qf a r�crec�tiQnal frail ��c�j�ct, Lake Bell�view Trail to k�e described herein. The executit�n date af th�s Project Agreemenfi i� W�IEREA�, the Departm�nt recei�ves funds f�r the purpose c�� passir�g thraug� the agency as grants ta �sther entities in accordance with Chapter 2b�, Flarida S#rfutes; and, INHE��AS, the D�:partment receives funds for such grants fram the Fed�ral Highwc�y Administratic�n ta fund such grants; and, WH�REAS, #h� Gran#ee h�s prc�posed and the Departmeni has approved a recre��ianal trcaii praj�ct. fJQW 7H�REFC7RE, in cansid�ration rf the mutur�l cavenanfs canfiained herein, the Departmerat a�d Grantee her�by agree as fallows: 1. This Proj�ct Agreerrtent shafl k�e effective upan execut�an of this �'r�ject Agreement �nd �nd no later tha� _ , ir�cfusi�re. The Proje�t � , ., . � agreemenf shc�ll be perfo�med pursuant to Chapter 525-2, F.A.C.; #he fJatior�al � �ecr�ationc�f Trails Fund Act of 1991, �3 U.S.C, 2C1b, as arr��nded {#�ereinafter � referr�d fia as '"Prt�gram"); c�r�d in accc�rdance with general pravisians far such �' .�greements pr�scribed by t�e lJnitec! St�tes Departrroe�nt af TransporfiatiQn, Federal Highway Adminis#ratian {hereinaffer referr�d to as "FHWA"� ir� the FHWA In#�rim Guidance �h�reinafter referred to as "Guid�nce") and the State of Florid� Depar#m�nt of iransportation's Pr�jec# aevelc�pmen# � Envirr�nnnent Ntanual, jhereinaft�r referred to as th� "Fa�T PDB�E Man�al"j. The Grcar�� shall comply with csll c�pplicc�ble stat� and fed�era� laws and regulatians, tnciudinc� the IJatic�nal Envrronm�r�tc�l Palicy Act, the implementine� regulatians cc�ntained in the Cade c�f �ederal R�gulation�, s�ecifically 23 CFR Part 771, ar�d the F�deral-A�� Policy Guide re�erre� to in the Guidance. The Grar�tee �grees to b�came familiar with anc! campdy with Q!! prouisions of Chapier 6�S-�, F.A.C. and fih� Guic�c�race which are utilazed ta cc�mply with many of the aforen�entian�:d rules an�i re�ulations. Chc�pter G25-2, F.p.C. ar�d the Guidance are incorpr�ra#�d into fhis �roject Agreern�nt by reference as if fully set forth hereir�. In the ev�:nf a dispute c�rises befiween the Revised � �l11 DEP Project Agreement �1�. T1134 , P�ge 1 ofi 14 parfies coneerning the intent c�f any Ic�rrguag� confia�r��d in this Pro�ect Agreement, #he same shr�ll be resalved k�y the adQption of that rn�anine� which furthers the intenf ar�d p�rprse of the abo�e referen��d Acts rf Cc�ngress and the genera! provisions govc�rning th�is P�ojec# Agreement. i�t� canstruc�ian perform�d u�der� this Project Agreemer�t shali b� �.ontrary t� the requirerrf�n�s of fhe Acts of Cc�ngress or of the regulati�ns af th�: FHWA, �. By a�c�ptan�e a� #he Program �rant, th� Grar�tee agrees tc� �omply with the r�quir�rnents of Tatle VI af the Civi� �ights Act flf 1964; the Archit�cturaR Barriers Aet of 1968; Secti�n 5C}4 af the Rehrabili#atio� Act c�f 1973; the Age Qiscrimination Ac� of i 975; t�re Drug-�ree W�rkplace Act af 3 988: t�e Americctns With Disabilities Act �f 1990. 31 IJ.S.C, 1352, regarding limitatians Q� use c�f appro�ric�ted funds to lobk�y c�r c�therwise infiuer�ce federai cc�r�tracting and financial #ransactic�ns; Exeeuti�e C>rder 12549, regarding federal debarment and suspens+c�n of con#ra�tnrs; Sectian 8136 afi the Departm�nt of aefense Apprflpriatic�ns Act, which r�c�uires inclusian of the f�deral fu�ding ampunt and ihe percentage af the tatai prc�ject fhat arn�unt represent� in al! pubiie nQtices and documents desc�ibing fihe Praject; and. Sectic�n 623 of #he Treasury, Postal Service and G�neral �c�wernrnent ApprQpriatians Act of ] 99Q, r�garding publie na#ice of federal funding in sc�licitatic�ns far goc�ds and services f�r pr�jects with an ag�re�a�� value of �SO�.nD�Q.{3Q rr mpre. It i� fhe intentton of th� pa�ties hereto that none of th� prawi�ions of Section 163.0 �, Flar4da Statutes, shaftl c�pply to thi� Prejec� Agreement. 3. The Departrnent has found that mixed-use nc�n-matari��d recreational irail is the primary pu�pose af #he projeGt ienc�wn as Lc�ke Belle�iew Trail, RTP PrQject Numb�r T1 1 C134, (hereinafter referred ta as "Prc��ecfi"j, ar�d er�ier5 intn this Pr�ject Agreement with the Grant�e fc�r de�elo�ment ofi r��r�eational trail facilities ar�d impraver�nent� c�n r�al property cantrolled by the Grarrtee �hrough ownership ar other inter��t. The legal description and appro��d method af sit� cc�r�trol of sa�d r�al property a�e set farth in full in the Praject appl�cation. Attachm�nt A, Grar�t Work Plan, attached I�ier�tc� and rr�ad� a par# hereof, include� a descriptian of th� Pro�ect, detai�ed � k�udget, and anticipated deliverab�es. Any re�isions fio Attachm�nt A must be � FQrmally request�d �y the Grantee ancl if agr��d u�c�n by #he �epar#rr��nt, the � �7�odificafions wifl �e r�duced tc� writin in an amendment to thi� Pra ect � � 1 � �greerner�t. rn �. I�riar tr� cc�rnmenc�rnent of fihe Prc�ject, the Grantee shall submit fc�r Qepartment appravaf t�� docume�ntation describ�d in th� �DC�T PG8�E Manuaf, as pro�ided in th� �a�E Datr Survey, The Prc�}ect may nat corr�mence u�tif carnpletian Qf the Pr�aject De�eltipment ��nvironm��t Process, an enwiror,rnent�l determinafii�n is r�cac�e by FHWA, th�: determinatic�n is accepted by �he Department anci apprc�ved by FHWA, and the D�partmen# notifies the Grantee in writing that cc�nstructian c�f the Praject may can�r�°��nce. 5. The �rantee shall c�nstruct, or cause the construction af, s#�ecified recrec�tic�r�a! trail fiacifit€�s and impro�rements, (hereir�after r-eferr�cl to as "P�oject Elements"), upon #he r�rl praperty identified in #he �pproVed Project application, The followin� shall k�e cansidered the Project Elemenfis, whicF� may be rraodEfied by the aepartment upon Re�rised 11111 D�P Project Agreement No. T1134 , Page 2 c�f 14 a sk�c�wing of gc�c�d caus�, and that the spirit and intent of tt�e Project is mc�inta�ned: canstruGt - 5,262 linear feet, 12 fr�at wid�; pa�ed muRfii-use trail; reiatec� support facilities. Any re�risic�ns tc� th� Project El�rnen#s rr�ust b� formally �-equested by the Grantee and, if agr�:ed upor� by the Departmen�, the modificatior�5 will be reduced iQ writing in €�n ar�endm�nt to this Prc��ect Agree�nent. �. The Pr�jecfi Elements identifi�d in Paragraph 5�bc��e shall be designed and constructed substantially in accord�ance with the cflnceptual site deWelapment plar� cc�ntained in th� a�proWed Prc�ject application and Attachrr�ent A. Praject El�m�nts shaEl be atfirc�cti�re for pubiic use, �nd generally cansister�t and compatible with th� environment. Plans and specificatiot�s for f'ro�ect Elem�nt� shall be Pr� cccard wi#h current and establish�d engineering r�nd ar�hiteeturc�l prctctices. Empha�is shcauld be gi��r� to the �e�lfh and safety of users, acc�ssibility to the general public, and th� �arotectiQn of the recre�r#�on ar�d naturc�l �alues of the area. Any and all utility I�nes instcrlled within #he Projec# shall be paaced u�dergraund. The Grantee shaf� have the Proje�t �ite plan {site en�ineering and architecturai) prepared by an architect or engineer licensed by th� Stat� af Florida. 7. The Grar�fiee shall camplete afi Pre��ecfi construc#iQr� r�a la�er thr�n two (2) years from the effecfiiv� date c�f �his Pro�ect Ac�reenn�ent. �. vVithin forty�five (45j days of cc�mp�etian of fihe Praject and pri�� tc� reiease of the finc�l payrnent, th� Grantee shaCl suk�mit for L3epartmer�f staff appraval the dac�ment�tir�n des�ribed in �hapter f��S-�, F.A,C. and included in the Prc�gram C�mpletic�n Packe# r�cei�ed k�y the Grantee. 9. Exe�utian af this Project Agreement dc�es not relieve the �rantee a� the responsibility t4 carnpEy with all c�pplicable f�deral, s�ate, cour�iy, o� municipal law5, ardinanc�s or ru�es; npr is t{�e Grar�tee reli��red of the res�onsibility to obtain any permits, mana�er�ent agreements, Peases or c�ther c�ufihari�ation r�quired by fihe Uep�rtmen# ar any federal, state, cc�unty ar municipal ager�ey for acquisitic�n ar � ��e�relapment af the Project Si�e. m � As con�ic�eration for the ser�ic�:s rend�:red by the Grant�� under the terms c�f ;-� � this �raje�t Agreernent, the depc�rtrr��nt sl�all �ay the Grante� nn a cr�sf �' reirnbursemenfi ba�is Fn �n an�crunt not to �xceed $20�,Ot7d taward the tatal �roj�;�t cost describ�d in t#��: a�prov�d Project app�icc�tion and Attachrr��n# A,. Pragr�m fund lirr�its ar� b�sed upan the folirawing: Total Grantee Amour�t $�C�C�,UJC (paid by th�: �epartmentJ Grani�e Ntatch A�r�raunt $2[�a +7f7� {paid by the Grantee) �atal Prajecf C�st $4�Jf},�iOQ Type of Mrtch Cash ancf�'or In-Kir�d 5�:rvices Re�ised 111'f 1 DEP Pr€�ject Agreemen# No. T1134 , Page 3 of 14 Pfi is understa�d t�at if the total Projec# cast exce�ds the amounts s�dwn aboWe, it is the Grante�'s responsik�ility �o provide tl�� funds ne�essary ta camp�et� the projec#. C. Travel expenses wiil r�ot be reirr�bur�ed under the #erms and cc�nditiQns af fihis Project Agr�em�nt. p. Th� Grantee may su�mit payment r�quests upon campletic�n rf Project d�l��erables as identified in Attaci�ment A. Prograrr7 funds shaal be released by fhe a�partmerrt, upan submittal of a payment r�q�est frQm th� Grr�r�tee's duly author�z�d Grant M�anager and upon compliance with this Prc�je�t Agreernent, as set �orth herein. The �eparfment wili period��afiy request proof of a trc�nsaction (invoi�e, pcayrall register, etc.j to e�raluate th� appropriateness Qf cas#s to this Pr�ject Agre�rrient pursuant ta sfcste and federal gr�idelin�s �in�luding cc�st alloc�ation guide{inesj, as appropric�t�. This €nfo�matic�n wh�n re��esfi�d must be pra�ided wit�in thirty (3�7j cc�len�c�r days c�f such requesf. Yhe Grantee may also be required tQ submit a cost alfoca�ion plan to the Deparf►r��nt in suppc�rt c�f iis muP#iplders (o�erhe�d, indirect, general adrr�in�strafii�e cc�sts, and frir��e b�n�fits), All bills f�r amc�unts due under this Prc�ject A�reernent shali be submifted in deta�l sufficient fQr a prDper pre-audit and post-audit therer�f. State guidelines f�r allowak�le casts can be found in the State c�f FRc�rida []epartmer�t c�f Finar�cial S�rvices' �efer�nce Guide fior Stc�te Expend9tures c�t i'�=;I www.fldf��o,m a�dir/refe��nce`�nSFc�u�de, allowc�ble �c�st� io� Federr�l �rograms can be faund under 48 C�R f'c�rt 3� and Appendix E�f 45 CFR Part 74, c�t f�fi :.1_wwev.�i�.��s4,c�r��.-�/r�ca.ru,/cfrlcfir-i��l�-s�c��rE.f�tr��l ��-i�:9 �,`�,�B C:i�c��a�s A-�? {2 C,�.R., Part 225,�, A-122 {2 C,F.R., Part 230�, A-21 (2 C.F.R., Part 22Qj; arrd csdminFStrc�tive req+�irements can be found in C�MB Circulc�r� A-1 CJ2 and A-� la j2 C.F.R., Part 215) ai htt�!wv��v.whifehouse.ao!�! jcr r;k�,ic;rcufar5/ir�d�x,l_7t�-nl � e�ur��ric�l, � The Grantee mUSt provade frflm its accounting system, a lis� of ex�endifures �D charged against tl�is Prpj�ct Agreemerat. The listing shall in�fud�, �t a � r�inirnum, a descri tior� af t�� aad� ar service� � p� g purchased, date of the � transaetion, �oucher number, amc�unt paid and �endar name. Allawabl�e �' c�sts wil� b� defi�rmined in accordcrn�e wifih the cost princsples applicabl� to the organiz�tian incurring th� costs. The G�antee must alsc� adt�ere ta t�� State of Flarida C7epar#mer�t caf En�irc��mentaf PrafiectiQn, C�ffic� of Gr�enway� �nd Tra�ls' Grc�nt Accc�untabil'ity Prc�cedur�s and �uidance ("Aeco�ntability Pracedures"j {rewiewed and approved by th� F�deral Highway Administrati�ra�, wh€ch c�re incorporc�ted by reference. and were in�luded in the commencernent dac�rr�entation. Fc�r �urposes of #his Project Agreement, the following federai cost principles ar� Mncarporater� k�y reference. Reassed 11111 QEP Pra�ec# A�reement No. T1134 „ Page 4 of 14 argani�pfian Type Applicable Cost l�rinciples State, facal Qr India� tribctl C}M� Cir�ufar A-87 gavernm�:nt. 2 C.F.R., Part 225 Priv�te non-pra�it �+rgc�nizt�tion O�IB Circular A-122 other thc�n an ( l) insfitution c�f I�igl�er educatian, (2� haspitai, c�r {2 C.F.R., �'art 23Dj (3) organiza#ion name�i in C7MB Circuiar A-122 a� not subject tc� that circular. Educatic�n InstitutiQns C7MB Circular A-21 2 �.F.R., Part 22� Far-prc�fft organizc�tion other than a 48 �FR Part 31, Contresct Cast ho�pita! and an orgaraization Principles and Prc�cedures, ar narned in C�MB A-122 as r��t unifc�rm cos# csccQ�r�ting subject to that ci�°cular. stc ndards fihat c�mply with cost principles ac��p#abie ta tP�e fec�era! a enc . F. �he D�partmer�t'� �rant Mar�,ager shall, within six�y (6C�j days after receipt af a camplete payment request, review the subm�tt�d docum�ntatiQn an�i Project vwc�rk accamplished ta date, and, if com�lete pursuant ta requirements of fhis Pro�ect Agree�nent, apprQ�e the r�ques� for payment. G. Th� Departm�nt shalC reir�burse the Grantee �up fic� ninety (9Q} percent of the total amou�at of funding under this Proj�:ct Ac��eement. Fir�al �ayment c�f the rerrraining ten j l Oj �ercent will be refain�d ur�titl the Project hc�s beer� campleted and approved by th� Department. lJpon completic�n of the PrQ�ec� and pric�r ta release �f the finc�l payrr,ent, the Grant�e sh�lf submit a�l � dc�cumentation described in the {�ecreat�onal l�rai�s �'ro�ram �rc�ject � �,�rnpfet«n Dacumentc�tic�n For�n C3G7-�3, included in the Progrcrm � Gampletion Pack�t r�cei�ed by the Grar�tee. A fir�al payrn�nt request must � � be subrr�itted to the Department n� lat�r than tc� assure the availability c�f funds far paymen�, Each �aym�nt request submitted shall da�ument all matchin� funds ar�dlc�r matc� �ffort� �i.�. in� kind se�vicesj pro�rided during the periQd cov�r�d by each request. The finaf payme�t wfll not k�e proces�ed until the match req�airement has #�een r��et.} 1 1 The Depar#ment and the Grantee fully und�r�tar�d and a�ree that th�re shall be no reimbursem�nt af funds by #he Depar�ment for any abligatic�n c�r ex�er�diture made prior to t�e executiQn of �his Project Agreement with th� exceptic�n c�f $6D,QDC3 �r�r p6anning, permitting, or de�ign performed an or af��r August 3, 2(�i 1. 12. The Grantee shall c�dher� tc� the Stat� of Florida C7epar#ment Qf �n�vironmental P�r�tectiQn, Q�fice of Greenways and Trails' Accountabiiity Pracedures, incorporat�d into �his Project Agr�ement by reference r�s if fu�ky s�t fQrth h�r�in. The Reaised i 1111 �EP Project ,Agreerr�+�nt Nc�. T� 1�4 , Page 5 af �� Acc€�untability Prc�cedures establish unEfarrn gufd�lines c�r�d �arocedures to be ut�liz�d by the Department ar�d the Grc�ntee in �accounting fc�r grctnt #unds disbursed under fhe �rogram and sets fc�rth prir�ciples fc�r defermini�g elic�ik�l� cc�sfs, supparting dc�cumen#atian and rr�it�im�m r�eportin� requirements. Exper�ses, representing the grant amaunf and the rec{�ired �natch, shall #�e repor#ed ta the Deparfiment and sur�nmari��d an cer#ificatio� forms referenced in Chapter 625-2, F.A.C. �h� Grantee shall main#ain books, records and dc�cuments directly p�rtir�ent to perf�rrnance under thi� Praje�t Agreement in accardance with ger�erally c�ccepted acc�au�tin� pri�ciples cansisten#iy applied. The a�partmeni, the state, or th�ir authorized repres�ntatives shall hav� access to such r�card� �or audit purpc�ses durir�g fhe term af thi� Praject A�reernent and for fi�e {5� yer�rs fallawing Project Agreem�nt completiQn. In the event any work is subcontracf�d, the Grantee shc�ll simil�arly require each subc�ntractar ta maintai� and afior�v a�cess �a such recorc6s for audit pUr�oses. 13. A. In addition to the �e�{uiremen�s af the preceding paragr�aph, th�: Grc�t�tee shall con�ply with fihe �tpplicable provisic�n� �Qntained in Attachmer�t B (Special Audit Requir�mentsj, attached here#o and made a part herecaf. Exhibif 1 t�a �4ttachment B summarizes the funding sour�es sup�or#ing the Agreernent far pur-poses of ass�stir�c� the Grantee in cc�mpfying with the r�r�uirerr}en�s of Attachment B. A revised copy Qf Exhibit 1 rnusfi �e pro�vided t+� the Grantee for er�ch �mendment which e�u#hariaes a funcf�ng i�cr�ase or decrease. If the Grerntee fails i� receiWe a rev�rsecd cc�py of Exhibit 1, tf�e �rant�� shall nc�tify ihe Department's Grant Marsager fdentified in Para�raph 24 ta requesfi � copy af the updated ir�far�ation. 6. The Grc�ntee is '�e�eby ad�ised th�at the federaf ar�dlc�� Ffaric�a Sir��le Audi# A�t requirerrt�;nts may further appPy tcr lower f�er transactic�ns that m�y be a result of this Agreem�r�t. The Grantee sh�sli cansider #h� type af finc�ncial as$istance (f�dera� ar�cflor� state) iden�ifi�;d in Attachrr�ent B, Exhibit 1 vvhen making its d�#erminaiion, Far federc�l financial assistance, th� Grc�ntee shall � �. � � ilize the guidanc� prr vid�d under �MB C�rcular A-133, S�bpart B, Section �D .210 for d�terrr�ininc� whether t�r� relcatic�n�hip represents that c�f a � 4:�_�k�reci�i�nt or vendc�r. Fc�r state financial assistar�ce, th� Granfee sh�r![ � � u�ilize the form errtifile�{ "Check�ist far Nonstate Organizations �' Re�ipienf�'Subrecipient v�s V�ndor �et�rrr�ir�ation" (form n�rnber DF5-A2-IJS� tnat can b� found under th� "LinkslForrrrs" sectic�n appearing at the fallowing website: �?:t_��='s:`'�.,"�.a��p�.f�dfs.�c�r�^��.f�c�c� The Grantee shc�ufd confer wit�r its ch��f financial affic�r, au�iit direetor or �c�niacf th� p�;pe�rtment for assistance Wl�il C�U�S�lC�I"15 pertaining to the appficabil�ty oF these requirement�. C. Ir� addition, the Grantee agrees to campl�te and subm�t the Certific�ti+�n o# Applicability ta Single Audif Act Reporti�g, Attachment C, attached heretc� an� made a part herec�f, witf�in fc�ur (4) months foilowir�� the er�d c�f the Revised 1 1!1 i [�EF' Proje�ct Agree��nt f�a. 1�1134 , Page ��f '€4 Grar�#se's fiscaP y�ar. Attachmen# C shall be submifted #o the D�partrz-�en�'s Grants aevelapm�nt an�d Review l�rlanager at 39�70 Carr�monw�alth Bouleuard. Mctii Statior� 93, 7ailahassee, F1�rida 323�9-3C�00. The Grants De�e4opn�ent and Review Mc�nager is av�rilabl� #c� answer any questions at (�SOj 245-2361 _ 1�, The Granfee shaPi submit a Re�reatiar�al Tr�il� Pragram Project 5tatus �epe�rt �n a quar�erly basis. The �rantee shail util�z� this form, ta describe the percentage of work performed, submit phatQgraphs showing the accompiished w�r4�, ide�+tifiy �rc�baems ��countered. deseribe pr�k�lem resolutiDn, r�ny necessary schedule updates and proposed wark far the next repc�rting periad. Quarferly r�parts shalC be submltt�d tc� the Departrnent's Grant Manager nc� later than fiv� (5j days faliowing fhe completion of the qu�rterly repo�-ting perir�d, It is herek�y understoad and agreed f�y the parties tha� the ierm °"quarter�y" shall reflect the calendc�r qu arfers ending March 31, June 3a, Septemb�r 3� �nd [�eG�mber 3i . �he D�partrraent's Grant Mt�r�csger shall haae ten {ii�J calendar dr�ys tQ re�iew the require� repQrts and deliv�erables submitted by th� Grantee. Quarterly �t�tu� rep�rts recei�red by the Departm�n# after the fifdh calende�r day follc�wing th� completian of any quart�riy re�arting p�riad �nrill be considered late-f€I�cf and r�nder the Grante� in defauE# under fihe ferms of this Prc��ect Agreen��nt. Fc�ilu�e ta camp�y �rrith these repartir�g requirements wiil re�u�i in non-payment or #�rm�natiQn of fihis Pro��ct A�reernent, l5. A. If fc�r any reason �h� Grantee sh�u4d fc�il to �uEfill in a timely manner the Qbligafiians under #his Pra�ect Agreeme�t, or if the Grantee should �riolate any af th� terms c�r conditiQns flf tii�5 Project Agre�ment, the Department shall t�ereaf#er hr��re the righ# to terminate this Project Ar.�reement with�ut prior no#ic�. In #he �°�ent the Department terminates this Praject Agre�rnent for these reasc�ns, the Depar�ment is no� requirec� to campens�tte th�e Grc�ntee fiar any expenses incurre� b�for� or affer su�h termination. � �? The Departrrr�nfi may termir�ate this Project Ag��ernent for cc�nv�r�ience by � �.��fluic�ing the Gr�rr�tee with thir#y j3D) cal��dar days written r�otice. � � � _.:. This Pr�ject Agreem�nt may i�e unila�erally cance�ed by the [��pcarto�ent for �' refusal by th� Grc�nfee to ailow public ac�ess to a&I dacuments, �apers, leiters, or c�#her material rnad� ar� recei�red b�/ th+� Grantee in conjunction uvifh fihis Project A�reement, unles� tf�,e reec�rds are exsmpt from sect�an 24{c�j caf Arti�le I of fhe Flarida Cpr�stifi�tior� and S�ctic�r�a 1 19.C17{ 1�, Flc�rid� Statufes. D. The aeparfinent sha�l t�rrninate this Projec# Agreement if the cc�mmencement dacumentc�tian is not receir��d and app�o�red k�y the L7e��rtm�nt withir� twefv�e { 12) manths of this �rc�j�efi Agreement's ex�cutic�n. Th�s tirne perfor� may be �:xtended by the �epc�rfm�nt far gaad �ause, s��h �s natural disast�r. ReviSed 11111 DEP Project Agreement No. T113� , Page i a� 14 16. A. �he Grantee may su�cor�trc�ct wcrrk und�r this Praj�c# Agr�ement without the �rior w�it�err cansent of the �eparfinent's Grant Manager. TF�e paym�ni terms of subco�fracts (other t#�an c�nstructi�n and the purchase of cc�rr�madities) s�afl campfy with the ierms of #his Proj�ct Agre�ment {far examp�e, if paym�nt urder fihis �coject Agrearnent is being mad� an a cast reimburs�ment basis, t�ren tFre subcontract �hall alsa #�e cc�st rei�nbursement�. T�e �rant�e agrees tc� be responsik�le for the fulfillment af all wark �I�ments included in any subcQntract and �rgr�ees fa be respor�sibie fc�r tl�e perymen� af a!l monies due under a�y subcontraet. It is ur�der�toad and c�greed by th�e Grctntee that the Depar#�`rrent shall �,ot be li�rbl� tc� any subcan#ractor far any expenses ar liabilities in�urred under the subcantra�t and tha# the Grantee shall be sc�leC�y liable ta the subcontractar fc�r alf expens�s an�f fiabififies incurred under the subcontract, B. The Departm�nt supports �9iw�rsity in its prcacuremenfi prc�grc�� and requ�sis that all subcantracting opportunities affc�r-ded by this Project Agreement embrace diversity �nthusiastically. 7he aw�rd o� subcontracts should reflect tf�e full c�ir�er�ity Df the �i#izen� of the Sfiate of Floridr�. A list of minc�rity owr�ed firms thc�t could be offere� s�bcc�ntracting apporiuniti�s may b� c�btained by contactir�� the Sfiate of Florida �epar�ment af Management Services, C�ffice of Supplier aiversity at (85fl) 48i-�391 S. � 7. Competi#i�r� aper� bidding and purchasing far �ansfiructia� c�f scrid Project fa�iliti�;s c�r improvernents s#�aii comply wifih c�ll applicabl� faws. Fallawing completic�n of Pr�aje�fi carrstr�ctican, fhe Grantee's �rar�t Manager shall pro�wide tf�� C��par#ment wifh a statement that all purchases ar cnntracts for cons�ructi�n were cam��tiiiwely bid pursuant to applicakale iaws. 18. Th� Grc�nfiee cer�ifies that nr fed�ral rppropriated funds haue k��n paid ar will be �aid, c�n ar after L�ecember 22, 1989, by or on behalf c�f the Grani��, #o any persan f�r influencing ar at#ernpting t� influenc� an officer or employee o� �trr agency, a � �viember ofi �angre�s, a� officer or empfay�e c�f �angr�:s�, rr r�n emplayee r�f c� � +,.,�kember of Congress, in cc�nn�ction wit� the awar�in�. renewal, amending �r � �77ac�ifying of any federal con�ract, gr�nt, ar c�operatiw� agreemer�#. If any a, ��nn-federal fur�ds are used for lobby�ng acfivities as described aba�e, the Grantee �;ha�f submit Standard Form-LLL, "G�iscfasure af La�bying ActivitEes'" (pro�ided in Federal Documents Pacicetj, and sha�l file quarter�y updates Qf any m�x#eri�l changes. The Grantee shalf require the language of this ce�t�fi�atior� fio be included in all subcontrc�cts, and ali subc�nfiracic�rs shaEl certifiy and discl�ase acc�rdingiy. [49 CFR .�i�j. 19. In accordance with Executive Qrder i2549, Debarment and Suspension (�9 �FR 29), the Granf�e, E�y exec�tion of this �'r��ecf Agreement, shall agree and certify th�t r�eith�:r it, no� its principafs, i� presently debarrec�, suspended, propnsed for d�ba�ment, deeiared ine9igibl�, ar �oluntariiy excfuded fre�m pa�ticipa#ian �r� this transacti�n by any f�d�ral c��p�rtmenfi flr agency; and, thai the Gran#ee sha�f nat knc�wir�gfy �nter infic� any Iower tier contract, ar other cov�red transa�tion, wi�h a persc�n w�c� is sirnilarly debarred �r suspended from �c�rticipatin� ira this covered FZevised 111'f � DEP Project Agreement No. T1134 , Page 8 of 14 transactKOn, un�ess aufhorized in wri#in� by F�;deral Highway Adrr�ir�isfiratic�n to the Depc�rtment. Th�: Grantee shall ir�cl�de the language c�f this sectian in all subcontrctcts or %cswer tier agreements exec�,rted to suppt�rt th� Granfee's warf� under this Pr�ject Agr�e�ment. 20. �f�e Deparfiment an�d FHWA �hall ha�ve �h� right, throu�h the�r age�ts, ser�ants, and �:mployees designated �ar tf�at purpose, to inspect the sit� of the �roj�ct c�nd t�e Pf�aject Elements thereon at any reasonable tirn�. 21. Fallowir�g receip� �f �n �udit repart identifying ar�y r�f�nd d�� ta the Q�parfiment for n�r�compliance �y the Grarrt�e with the Pra�ect Agreement, the Gran#ee wid€ be allowed sixty (60} days tcr submit additianal p�rtinen# do�um�ntation to offset any arr�ount ir�enfiified as being due ta the Departm�nt, The Department, fallawing a reuiew c�f the dc��umeniation �uk�mi�ted by the Grantee, will infarm tk�e �rc�nt�e af fihe total refund due to the Department. ��. Th� Department shall ha�e t�e right tQ c��mand a refund, either in whc�ie ar in parf, �f the funds prc�vided to the �rantee for nancom�liance wi�h the t�rms of tl�is Prc�ject Agreement. 23 If the Unit+ed Sfat�s ac�ing within the scope �f its lawful authority, thro�gh #h� FHWA, the 5�cretary of the FHINA, or any c�t#�er branch caf the gav�rr�m�:nt of th� United States, shQUld for any reasor� demc�nd a refund frra� the C]ep€�rt�rrrenf, in whole �r ir� part, of the funds g�ra�ided fo th� Grc�ntee und�r t�e terms of #his Prc�ject Agreement, the Grantee, upr�n nc�tificafiion frr�rn the aepartmen#, agrees tfl re�und �nd will forthwith repay �irectly tQ �he Qepartment the am�unt of mc�ney d�mar�c�ed. 24. Afexandra H. Weiss, CQmmunity Assistance Consuftant, or her s�ccessrr, is hereby designat�d as th� D�partment's Grant Manager far the purp�se af this Praj�:cfi Agr�ernent. The Department's Grarrt Mcanager shall be responsik�fe for ensurir�g � perfQrmance of th� terrns and cQnditic�ns of this Praject „�+..gre�t�nent and shall � c,�prave all r�eimb€�rsement requests priot- to payment. Th�; Grani�e's �rant � �"�rianager, Felicics Leanard, ar hisfher successar, shcsll act on behaff af the Grantee � ��fatiWe to pravisiar�s of #his Project Agreen�ent. The parties will natity �ach other in �' :��riting, using the manner set forth in �his Project Agreement far pra�iding notices r�lated tc� this Praj�ct Agree�,�ent, c�f any change tc� the d�signatecl grant manc�ger wifihin t�rirty (3Dj dc�ys of th�e c�ang�. 25. By aGCepianc� of the pr��isior�s af this Praject Agre�ment, �he Grarrtee agr�e� tQ dedi�ate the Praj�ct Site and all land within the Pr�ject bc�undaries, i�l�ntified in Parc�gre�ph 3 above, ta the pu�alic as a recreational trail in accordance wifih �ectaon b2S-2.p7�, F,A.C. Th� parties furtf�er agree that the executian c�f ihis Project Agreement by fhe �epartr�ent shalf constit�te an accept�nce af said dedicataarr on beha6f af the �eneral public of the Strate of Flarada. �6. The Granfee agrees ta operate a�rd mcsintain th�e PrQj�ct Site, as defined in sulas�ction 62S-2.a7t�(37), F.A.C., in accardance wifih Rul�e 425-2.D76, F.A.G. Th� Re�+ised 11111 �EP Project Agreement hJa. 1`1134 , Page 9 af 14 Projecfi 5it� an�i Project Elements shc�fl be c�pen to the ger�eral public fc�r recreat�Qnal #rail use, rr�crin#ained in accc�rdance with applicable h�alth and safety standc�rds, and kept in �c�oc! r�pair tc� �revent �ndue deteriorati�n a�d provide for safe public us�. The Grantee co�enants that it has fuil ler�r�l auth�rity ar�d financial abili�y tc� deveEpp, aperate ar�d rr�aintai� the Projecfi Elements as sp�:cifi�d within the terms af fihis Praject A�reement. The Grc�ntee shall obt�in Q�partm�nt apprQ�ral pric�r tc� r�ny and all cur�ent or future devefc�pment af fac��iti�s an the Pra]e�t S�te, as defined in subs�ction 62S-2.Q7�(37j. F.A.C., �f �aid developrnent is nat described in Paragraph � her�in. �7. The �rantee shall r�ot, for any reasc�n, caravert all or any portian c�f the Praject baurtdary area f�r ar�y purpQSe other than � re�creatic�r,al trail with��t prEOr approval of fhe Q�partmenfi arrd FW1NA pursuanf to the Cf�apter 6�5-2, F.A.C. 28. �,. Na person, c�r� �he grounds of raee, c�e�d, cQlc�r, r�atic�n�al origin, age, sex, or disability, shall be ex�luded fre�m participatican in; k�e cle�ied the �rroceeds ar b�nefits of: c�r be atherwi�e subj�cted to discrimir�atic�n in performanc� af this Project Agreement. B. Ar� entity or af�iliafie who has be�n placed on the discriminatary vendc�r list may not subn�it a bid on a cont�act ta provide gQads ar seruices tc� a pub€ic entify, may not subrrrit a bid an a��ntract wi#h a p�blic entity for the construction or repair rf a public b�ilding or pubiic work, may nQt ��brnit bids on leases af real property tc� a public enti�y, rnay not award or per�orm wflr� as a cantractor, suppli�r, subcontrc�ctc�r, ar cons�ltan# ur�der co��rc�ct with ar�y pu��ic entity, and may n�t transact business with any public er��ify. The State of Flc�rida [7epartment Qf Management �erwices as res�onsible for maintaining the discriminatary �vendor list and intends io ,�ost the list on its website. Questic+ns regarding th� discr�iminatary �rendQr list t�ay be directed to the F1�rida Depc�rfrr��nt r�f �rla��gement Services, Offi�e c�f ��ipplier C�I. .��slf',' r�� i��:'��?.r-}G1.-. � �D '„"� ,:. -r � -� . - - - c r � .. I C��I 1f i'��w S .._�: �i,jf�l �A _,ti �,iv�i"'�' �'fll��". _ _,.;f ��i�i"1 1�'1�, ... f�_i� .�� . c� ��i �,.i. � ��orr�mingdecl with fu�nds fram c�ther �gencies. Funds fr�rr� each ac�ency rnus# � k» acc�aunt�d fc�r separafiely. The Grantee is �rohibit�d frc�m cornmingling �' f�nds �n eifih�r a program-by-pragram ar a�roject-by-proj�cfi k�rsis. Funds specifi�aify �udgeted andfor r�ceived f�r ane prc�ject may not be used to support anc�ther �roject. Where the Grantee's, ar subrecipienf's, ac�aunting systern �annc�f ca�nply with this requirement, the �rc�ntee, car subr�cip�ent, ��all esiablis4� ra system to prowide a�iequate fund acc�untability fc�r each� g�rc�ject it has been awr�r�ded. B. If th� Department finds that t#�ese funds ha�e b��:n cc�mmingl�d, fif�� Cepartment shc��i ha�� the righf tr d�rraand a ref�,nd, either in whr�le nr in part, of the fvnd� prQVid�:d to the Grar�tee under th�s �Pr�ject A,gr�ement far non-eompliar�ce wifh �he m�terial terms of this Praject Agreemer�i. The Grrntee, upan such writ#en n�tifica#ian frc�m th� �epartment shall refund, and shall f�rthwifh pay ta the C�epartmenfi, the c�mount Qf mr�ney Revised 11111 aEP Prvject Agreernent No. T1134 , Pa�e 10 �f 14 cl�rnandeef by the �epartment. Interest on any refur�d shaal be caCculc�t�d based or� t�� prevailing r�te u�ed kay �he 5#c�te Board of Administratian. �nterest shall be calcu�afied fr�m the date{sJ the ariginal payment{sj are recei�ec� fram the Departme�# by the Grc�ntee fc� the date r�peryment is made by the Grar�t�e t8 fihe Departrnent. �. fn the �ver�t that the Grar�fee recoWers costs incurred �nder this Praject Agr�ement and re�mbursed by the Depc�rtm��t frorr� ancsther saurce(sJ, the Granfe� shafl reimburse fhe Department f�r all r�cav�red funds c�riginally �rovided u�der this P�ojec� Agreem�nt. Interest on any ref�nd �hal! be caRculated bas�:d an the prevailing rate used by the State �oard af Administration. Interest shall be �alculafied from th� date(sj the payment(sj are recc��rered by t#�e Grar�tee tc� the date repaym�nt is made tc� th� De�t�rtment k�y the Grantee. 30. To the extent rec{uired by Ic�w, the �ra�tee wil! be self-insured againsfi, or wilf secure and maintain during the I'rf� of t#�is Praject Agr�err��:nt, Warkers" Comper�sa�4c�n Insurance fc�r afl of �is �m�afoyees cor�r�ected uvi$h the wnrk r�f #his Project c�nd, in case any w�r6� is ��bcc�r�tracted, the Grant�e shaif require the subcc�ntrac�or sirr�ilarly to prc�vide Wor�ers' Compensatic�n �nsurance far alf of the latter°s errrployees unless such employees are cover�d by 1�he prot�ctior� afifc�rd�d by th� Grantee. Suc#� self-insurance prQgram ar insurance coverage shall compiy fully with th� Flarida �^JQrkers' Compensation Ic�w. In case c�ny class af �mpl�yees engraged irn c��zc�rdous wark und�r thf� �rc�jec# Agreernent is not prs�fected under Work�r�' Compen�atia�o sfiatufies, the Grantee shall prc�vide, and cause each subcon#ractar to provide, ad�q�ate insur�nce s�r#isfactc�ry to the Departmenf, fc�r th� protec#ion of his employees n�� atherwise pratecte�. 3B . �aeh parfy heretG csgrees that it shali t�� sc�lely resp�nsibl� f�r the negligent c�r wror�gful c�cts csf it� em�loy�es and agents. �lowe�er, r�othing contc�ined herein s��a61 constitute a waiv�er by either party of its soverEign immunity ar the pr�visions af � �ection 768.28, Florida Statutes. m � - � he Grante� warrants ar�d represer�ts fihc�t it is self-funded for �iabili#y insut�an,ce, � _ ._ � ��pprcapriate and allawc�b�e under Floridc� law, ar�d that sUCh self-ir�s�ran�� ffers �' €�ratectior� a�ap�icaE�le ia fhe Graratee's officers, ernployees, s��vants �nd agents v�hile acting w�tl�in �he scape of fiheir employmet�f with tne Grantee. 3�. Reimb�rsem�nt fc�r equiprr7�r�t purcha�es i� not �utharized under the terms and conditions af thos Prc�ject Agreement. 34. Asphalt paving far the Project shall conforrn tc� the S#ate o� Ffc�ridc� �eperrtmenfi c�f Tr�nsparta#ion's specifications far rQad and bridge �onstruc#iQn. Bid sp�cifECatiQns, cc�ntraGfs �nd�'c�r pur�hase c�rcfers c�f the Grar�tee rnust specify fihickn�:s� e�f asphalt ar�d square yards to be pa�red. Revised 1'ff19 QEP �'roject Ac�reerner�t Na. T1134 , Page 11 of 14 35. Tl�e Grantee agrees tc� adhere to all stc�te anc! fe�et�al speciai terms and �r�naiitians incc�r�orafed by refere�ce as part of this Proj�ct Agreernen# as if fully sefi forth her�in. 36. Thi� Pr�}ect Agreement has b�en delir�er�d in the Stat� af Flarida c�nd shaCa be cons�rued in accordan�e with the laws of the State c�f Florida. Where�er p�ssible, each prc��isian of this Prr�j�ct Agreerr�ent shall be in#er�reted in such manner as to be effective c��d �c�lid under applicabQe law, but if any provision of this Praje+et A�r�ement sh�all be prohikaited or invalid under appficabie law, such prc�visiar� shall be ineffective �o the extent ot such prohibitia� c�r inv�alf�ity, with�ut �nvaiidating i�he remc�inder of such prowisia� ar- the remainin� pravisians ofi this Prc��ecfi Agreement. Any actian her�on or in COflii�Ctfflt"� h�rewith �t�all be brou�ht in Leon CQUn#y, Florida, unless otherwise required by s#ate Paw. 37. All notic�s related ta tt�i� Project Agreement wiJl be scafiisfied by sending n�ti�e by certified �1.5. me�i� ta the follawing addresses of the pe€rties; Depar�m�nt's Grant Manager: Alexandra H. Weiss. C�mmurrity Assistance Cc�nsuffiant Dffi�� af Greenw°ays and Traif� Division af Recr�atic�n and Parks State Qf Ffc�rida [��partmenfi �f En�ir�nm�r�#al �'rotectic�n 39{7a Cor-rrmonwealt�r Boulevard, M_S. i95 Tallahassee, Flarida 32399-3C?�(} Grontee'S Grant Manager; FeCicia Leonard, Administra��ive Manager City ofi Cl�arwater ] [70 S�uth My�tle Aver�ue CI€�arwat�r, Flaridcr 3375b � f��e partEes wilf notify� ea�h other in writing, �sing tF�e manner set fcarth in tf�is �rQjecfi � ',.�reement far pro�viding natices reEate� to this Project Agre�m�nt, of �ny ck�ange t� t�e � c;��ignated grant �nanager within thirty (3Cl) days of the change. � � �' "' The Grant�� c�cknawfedges priar recei�t r�f the followin� dQC��nents. It is �;�,. understood fihat suhparagraphs B, �, and � inctl+�de do�uments that must b� filEed o�t by the Grantee ar�d returned to th� Departmeni. A. Feder�al award lette� approving prc�ject appiicafiicr� as suk�mitt�d by the Departrrient. B. Pr�ject De�r�loprr�ent and Enviran�r�en# {PD�E} Ma#erials � includes P�&� Data She�f, Forrn UG7-15 and federal dc�cumen�s {survey, boundary map, Federal Form 42�4 - Budget Ir��ormatiQn, Drug-Free INc�rkplace Certificatir n, Ci�il #�ights Assurance af Compliar��e, Cerfifieafion �egarding Lobk�ying, Debarmer�t and Su��ensian �orm, federal Congres5iont�l �istrict of Applicant �nd Pr4jeet S��e, FHWA Guidance, PDB�E �ata Survey. �C'VA5@Ci '�'�,�� "� DEP Project Agr�em�nt No. T1 � 34 , P�ge 12 0€14 C. Co�nrnencement Packet - incEudes Boundrry Map with legcsl �escript€e�n, Siie Plan �s€gn�d and seal�dj, List of Facilities to be Canstrucfed (signed ar,d da#edj, Pre-Cons#ruction Certification, Forrr� QGT-12 (s'sgn�d and dated), Gresnt Prc�ject PDB�E data Shee#, �orr� �GT-15 (with back-up dacurnenfiaiionj. a. Progra� Campletion �acket -- includes Prajecf �c�rnpleti�n Certification, �Qrrn ��GT-14, As-BuiCt Site Plan (1 co�yj, List of Corastructed F�acifit€e� ar�d �rr�prcav�ments, Colar Photagrap�s or Slides of the Prc�Ject and IdentGficatiQn Sign, Certificcstian Qf Filing af Natice raf Limita#ion of Us�e, Finaf Payrner�t Requ�st, �ertifi�c�fian of FHWA Guidar�ce. E. R�ereatic�nal TraiEs Program Pro�ect S?afus Report (to be cc�mpleted quarterly�. F. Grant Accc��ntab�lity Procedures. 39. Th� Grantee agre�s to cor�np9y wit�, an�i includ� as ctp�rapriate in cc��tracts c�nd subgrant�, the pravi5i�r�s eontair�ed in Atfachment D, C�antract Provisibns, attached herefio anc} made � part hereflf. In addition, the Grantee acknowledges that #he applicab�� regulcrtion5 lisfied in Attacht�nent E, Regulatiarts, aftc�ched hereta and made c par# hereaf, shall apply to this Proj�ct Agreement. 4�. Tf�e Staie af Florida's p�;rformance ❑nd abliga��on #o p�y uncl�r this Agreernent is contingen# up�n an annual apprapriatic�n by the L�gislature. The parfies hereta und�;rstand tha� tY�is Agreerraent is nat a cflmmFtrnent of �uture apprapriaiions. 41. If a c�urt deerr�s any pr�wisic�n of this Proj�ct Agr��m�nt void or unenforceable, that prowision shc�ll be enfarced anly ta the ex#e�nt ihat if is not in viola#ic�r� of !aw ar is r�at ntherwis� unenfarGeable and all o#her pr�uisians shall rem�in in full force and � �ffect. m � -- il�is �ra'�ct A re�ment re r�sent� fhe entire a reerrrent Qf the � �._ J g � c,�. parti�;s. Any � �::�Iterai`ions, r�ariatic�ns, chc�nge5, madif��a#ians c�r waivers of p�c��isi�ns of this Prr�ject �' 7greement shall only b�: �rafid when fhey have been reduc�d to writing, duly �ig�+ed by each of the parti�s her�t�, and c�ttached fo fh� origincal of this Projec# A,greement, unless oth�rwise praWided herein. REMAINDER C7� �A�� f�JTEI�TI�t�ALLY L�F7 BLAhlK Fte�vised � 1111 DEP Project A;gr��ment No. T1134 , Page 13 af 14 � m � � rn The pc�rt�es heretr� have caused these prese�ts t� b� duly ex�cuted the day �nd year last written bekow. STATE C)F FLQRIDA DEF'A�TM�NT C�F ENUIRQi�N1ENTAL �RQTE�714N �Y �.��___ ac�n�ld V. Fargione Director D�r+RSic�n of Recr�aticar� and Parks �ate: __—�--- __ y- - -� Departrne t"s Grr�nt Manc�ger Approved as ta farrrr ar�d s+�fficiency C�epc�r# �t � Pro�r m Attorney CITY C�F CL�ARWATER, FL�7RIDA By: Type Name: Title: Date: Adc�r�ss�. 1 CJa Sr�uth Nlyrtie Auenue Clearwater, Flor�da 33756 Approved as t� forrn and suffici�ncy: Grar��e�'s �,ttorney �Ef r�quiredj ti:� e�f 4:att�cf��r��r,�ts/�xt-Ai�eis irsocluaec� cas part of fihis Rc�r�et7��r�i: ��.��cifiy Type Afitachment Attach�ment ,�,ttac}�rr�ent Attachment A�tr�chmer�t Revis�d 11111 Letterl �lumb�r Ue�criptic�n �include n�,mb�r of pr�ges} A Grrant Wc�rk Plan (3 Paq�s� ... B Special Audit Requirements (S Pac�esJ _— C Cert€ficatior�_caf Applicak�ilfty ta 5inc�le Audit Act R�partin� [3 Paaes� D Contrac# Prouisians 3 Pa es E Rec�ulations ( ] Pagej _ DEP Projeet A,greemer�t No. T1134 , Pag� 14 �f i4 Countersigned: Geprge N. Crete�Qs I�I,�ynr Appr�ved as t4 forrn; Laura Lipawski MahQny Assi�t2�nt City Atto�ney � m � � � rn CITY Q� C�.EARVIlATER, FL(3f�l�A : Wilfi�m B. 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Q � � � � � � � � � � � C �i �- � � �., � � � � ° �� p � .? � [� � L � � � '� � � � n� � � � � � 6 � � � � � � ��..�-' Q3 � � � .� � � � � � ��i� a� .= � � - o � � � �� .�� Q -� z��; y � Q i � a � QQ �o� 0 � L �— � � �. � � L �� Q �� 4u � �3 � N ❑ � � � a� � � a� a a� 0 � � � Q 'J`� � Q � � � � .� .� Q3 � EU N U � . � t� � � � �� W •� 2 � � � �� x� '� Q} � Q .� � �- � C3 � �� a� � a � ._ � � � o � � � [� a� c � •�+ � �� c � �� U' [i � 0 � � �77 � � Q � a� � � �3 ¢ � �=- � � n�' � � � � W a ATi"ACHMEI�'T B SPECIAL Al]DI'i" F�,EQUE[�EMEC�T'S i'k�e adr»inistt'a[i��n c�i' re�C�urces atvardeci by the �e}��rttn�nt t�f Ei��i�•c�nii�ei�tal Prtttection (�i�laicla fracrl� fre reJ'e�•rerllv �rs rf�e "l?eperrri�re�zF'" "L]�P° "FI�EI'"' c�r "'GI'[flt!(11'�,, Ul' C3fI7L'T' IiCIiYfL' I37 ]'jJ(: Cf)13d7'f7C'L'cr,r•�ei�re�at} t� th� re�i,�i@nt (io�l�i�•Jr ��acrz' 2�e �-c=f�t•r-ecl �n tYS tltc� ,�C'a�at�-r,relc3�•„ Grurzlee" crr crthe�• iaar�rc irr tlr� crrrrtrcrcvu�r�eer�r��t) i��y� be subje�f to aud'ais ar�dicyr riy��niiar�ti� i-ay tl�e �Jeparfnz�ni of Envir�nm�ntdl Prc�t�ciic�n. �s descri�eci iii this �ttac}unenl. Nlf)N1�[7RING Ir� additiari ko r�views �f audits c��rid�icTe+i on acc�rdance �vith flMB CircE�lar A-1 �� iid Secti��n 2i5.47, F.S., as r�Wised (see "AlJL7]T�" �relnr��}, m�r�it�riii� pr�cedur�zs �1�ay� includt_ b�i not he liinit�d tc�, ois-site ��isits l�y� L�epai•tm�t7t statf. limit�d sca�e audits as defiried L-r_y Ol�1B Circular A-1 �3, as r��is�d, anci,fr�r otl�tir pr«ced�ares. By cnterii�� irtito this �'�gs-eement, the recipizr�i a�rees tU c�niply and cc�ap�rate 4vith any n�onitc�r-in� procedEires%processzs c3�emed a��pr4priate l�y tl�e Departm��t c�t� E»��iror�inenial Protectrun. Ir� ll�e �teni fl�e Depa�•tn��a�t �jf F,�iuironi��enx�l Pc•ntectic�n detea�anin�s xhat a lii�ite�i s�ope audit af tfle recipierri �s a�prz�priate, tl�� re�iUi��t a�re�s to can�piy witl� any additi�r�al ir�structie-�ris �S�°nw��ded b�: the D�partrnent tt�3 the recipie�7t regardin� suti� �udit. `Tl�e recipie��t furN�er a�rees to cc�rTiply ar7d cnt�perate WvitEi any insp�ctions, re�ieu�s, investi�atic�ns, or aiadits ciee�i�ed neczssar�� by clze Chief Finar�ciaf C)fti�er f�r Au�i�tor Cieneral. IlU!]�� PART E: FEDFRALZY �"�?N1�ED T�}tis parl is applicable if tl�e reti�ient is a State �zr �ocal go4�ernznent t�r a nnii-prot�t ��a-�araizaticrn as del�ine�i ir� �C)M13 Circular f1-13�, as revi�ed. I. In the �vent tliat kf�e rec�pient exp�ptcis $540,U00 or more in Fcc�er�i awr�ards ITl liS tFSCaI yeaz•, the recipit�tl rtiusl �taW'� a sin�le or �ro�r�n�-speeific audit c�nducter] in actoacjance ��ith tl�e provisic�t�s t�f[31UfB Circular A-i 33, as �'c;4�ised. 1�XEi1BCT' 1 to il�is f��r-ees7i��7i ittdicates Feci�ral tiia7cis aw�arded tl�rc+�i�}i the Ueps�rtn��ni oi En� irc7n�7iei�tal Protectian by rhis Agr�ei7�ent. li� d�teri7lining tf�e F"'etlerhl a�va�°cis exper}detl ii� its tisea� year, Chl r�ci�ient �f�all canssder all soui'ces �i' FecicraI a��aa-c3s, includiia� F'ederal eesc�ua°ces receir�ed fi�oi�� the �epartn�eait UF �,nvirc�nr7�e�atal Prntectic�r�. ihe detzrn�inatior7 c�f anit�ui�ts ai' Fed�:ral �warc�s ex�e�7�lec1 shnuld be ie� accorciance w�itl� th� �uidelir3es estal�lisl��d by (�MB [:ircular A-I�3. as rt�iszc�. Ar� a�idit aF' �h� recipient condia�ted k�y t1�e A�iditor Gerieral ii� �ccardanc� witli tlle �Srer��isionti t�f�C_}}MB �'ii•c�ilar A-13 �. �i� r�vised, will meet tl�e requirei�7e��ts af tl�is pari. � m � €n cor}nectic�n ��ith the au�Et ��equirem�nts addressed i�i Pai�i 1, paragraph 1, t[�e r��ipiec7t sliali fuitill the *k �Lyuiremeiits r�lati�� Y« auelitee t-es��onsfi�ilities as prn��ided in 5u�ipart C, of �JMB Cireular A-133. as � : �.vised. � I� the recipi�ilt e�;�aei�cis less t�iaia $50(}.OD{i in Federal awards 937 its tiscal year, aia a��dit c.o��ducted i�i �ccorriartce e��ith th� prc�aisicjns s�f ()MB Circular �i-f �;, a� re�ised. is nert requYred. In rhe �vent that tlte re�ipi�nY exp�nds I�ss tlt�i� ��QfS,QC}Cl in Tedera9 ati4ards in its fiscal year as7d elects to fiave ai� �uc�it �or�ducte�� in accordance ��itit the prcay usions �f {�MF3 � ircular A-1 ;;, �s re4�iseci. the casi �f the audit mus� I�e �r�ici fi•c�m »or�-�'ederai re�c�urces {i.E,, th� �:ast c�f sucll a» audit musf be �7aid frDtlz reci�ient t�esa��rces csbt�ir�ed Fi•ozi� other than Fecierai �►jtitiesj. Tlle �•ecipiet�t may- acce5s inft+ri��ation r�gardin� thz Cataio� af Federal Llor�i�stic Assistance (CC=DA) ��ia tlie internzt at I��_�p��:1�12.�[�.��i�.l%31c1'�I�ic�'�a.l�in�i. DEP ii-?lj {fl3![191 DL�' A�,�•eer�iznt ltic,. `i'i 134. Attachmer�t �, Page I of S PA�T I1: ST�►TE Flil!'L1Ell Tl�is part is a��7licab�e it tlle �•ecij�i�lai is a ia��tslate �i�tit�;' as defined �7y° Sectic�n 235.�7f2)(c�i). Fl�ricla St�tiitcs. 13i the ev��it that tlie recipient expends a tc�t�l amnu�� E?f stat� tina��cial assisia3�ce eqEial to �r in c�eess of� �5(lU,{}0(i in aaiy tis��l year of'siicl� reLipient. the r�c�pient r�iuct have a 5zate sin�le t�r pa�c?ject-s��'rfic ariclit FDS' SUC}1 �1�G�I year in acc�r�lanc� tviil� Sectian ? I�,'37. Flnr•ida StatuTes; �p�licabl� riales of t��e De�ai-tment. c�f Finaricial S�:r��ices; and �ha�tei•s 10.5�(3 (:lc�cal �o�ern�nental entitie�) or 1G.GyU (r�c�n�az•afit ��c� fc�r-pr�ft crr�az7izatic�ns}, T2.ulcs �f t��e Auditor Generai. EX1-fIB11' � tca tI�is ��reen�ent inclicates state tinancial assistapice a�v�rc��d tl7rnugli tl�e I�ep�rtm�ni �f E�7vironmental Pi°ot�ctic�Fi by this A�r�e�n�nt. In c�etern�inin� the stat� finai�eia! assista�ice expender� ii� its f�scai y=eaz•. the r•ecipiznt sl�:all cc,nwider al] sc��rc�s of state fic7anc�al assisiance, �ncludi�7� state �nancial �ssistanc� receiaed from t}ie Uepa2•lrnent oi E�7viraz�ni�ntal PrQtecxinn, ather staie ag�nci�s, an�� ther aionst�t� entities. State tir�aii�ial assistance does z�at €��ciud� �eeleral direct +.-+r �ass-tiir�ugh awa►�cis and ress��irL.es received by a nr�nstat� �niit}� fc�r Fecleral prs��ran� niatchittg, reyuirernents. [n coniaectio¢� �ith tl�� au�iit rec�uireri3ents �ddressed iil Part ll, par•a�rapi� 1; the reci�ient sl�aCl ei�suY•e rt�at the au�iit cai�ipl�es ��itl� the requirenaents of Szctic�n ? 1�.97(7), Florida Stat�tes. This inciudes su�mission oi a�nancial repartin� �ack:a�e as detined l�y Section 215.97{2), C[orida Statutes, and Chapters Ifl.55Q {loeal �c>vernmei�t�l entities) c�z� 1().6�[1 (nonprafit an�l %Y�-protit e�o��ar�izatior�s), Etuies of the Auc�it:or Gerieral. If tlie recipient exp�i�ds less tlian $SUU,�(}� in state tinan�ial assistan�:� iii its fiscal year, an audit cc��ducted ir� acct�rdanee ��itf� tl�e prr�visio�s df Sectio�� 2 I 5.97. Flarida Statutes, is not rec�uired. ln tfZe e�`�nt that the recipieiat ex�ends less ch�n $SDU,f3C10 ir� state finaracial assista«ee in its fiscal year, and elects t� have ari a�idi# a;c�rtduc;t��i iF7 accorel�ttct �t�illt tl�c prc�vi:�ians �f Sectic�t� ? I 5.97, �'l�rida 5laiules, fhe �ost c�f the aiidil ni�ist k�e �7aic1 frc,m the r7on-slate �ntit��'s resv{�rces [i.e., tRie ci�st nfi s�icl� an a�sdii m�ast be paici fz•�rn th� reci{�iexit's res��rees c��[ained irc�m ot�er than 5tate enkities). 1=or ir�fortnation re�ardirrg th� FEcrrici� CaTal�� of State Financial Assisiance (CSF1�), a recipient should access the Plarida Sit�gle AudiF Act ��bsite located at halt�� _��s,.t��]I�.�u�� 1��:� for xssistance. in �dciiti�zi to the abo�re weL�sates. tl7e follo��in� +��L�sites ntay be acees�ed for infuri�iati�jn: �.e�islature's 1�'el�site a.t I�tt�?;��°��ti��.lea.�at�lc.�l.u�il��cic�tiint• o��c[��*;.��i��, State �� Fl�r'ida's ��ebsit�- ai E��tE,;_ ;w�ti�x_3}��fl�_,ti�'s.�.�•,,�7�', �7epartme�it of Finarlcial S�rvices' Website at 17��:�ikto+�,,ili�ls,�un� aricl tlte A«r�it[rr C.iet��ral's 11V��srte at htt��;�::�»�� v.�la�,:�.'fl.u, �Fai�l��•n. � ��,�Ft'F 1IT: +C3THER AU171T REQUIREMElYTS � � '''': S.JTl�.� TI�'15' �Ji.11°I� iV�rrtrlca� he ars•er� tr3 .s�.rcc°i7�� rna�:' adc�'�rio�tul tr�ttfli�� r�c�arir-e��re�als in�f�rasec� I��-' the .5fat� crivu��c�i�� eratif�; � i:rtrr cas�� svf�°!�` ca 3��crttei� rrJ 1fau� 5fu1e u�4crr�fi�rg �r71it�,',s janfic't� Ir.��., JIt� crrrilif is ��a1 i•ee�zri�•ec�' lay� Federnl ar� :5tat� Ia7s>s � ,��;:1 rs ��c�t irF ��o3ajlict to�ilft c1!]aer i�'ed�i•ul c�j• .�tcrte uiEilrl ��ec)ttirentcz�7ts). Arrr�s�ruszt rr? .Sec'iic�ir 2f_S.y7(r5'1, Flot�idu `;tcrttrT�s. S'fufe clxc:facies r�zut' c�e�nclttc°t r�r� cfj��•crir�,�i,�nr �rtrcfats c��'Siufe fiticrF�c�iu! us:ristcrjarc tlaat cn•e rra iu�'di�iotx Tcl c�u��rt.c cc��xlr�cteca� tit ucevr�:lurTCe �i�i11� 5"�c•liari ?I �.�", t�#r�r°ie�u Sttrttrtcs, !j2 suc'1f cr,� et�ertl, lf�e Stctte ai4°cr1•c�'in,� cr�e.rrca� nrust C!1'1'Li77�QC:.fn]" fi1114�1f1�' 1{1E fI1II Cf)�S1 U,�S'2fCIl 41CIcIlIIOPIt1I Cl1fL�TfS.} PART IV; FiEY(3�ii' SUBNIISSIQN t'opies ol'r�porting pacl:a�e5 f�r �udits cc�i�dLiLted in acct-rrdance w�ith OMII C'ir�t�lar A-1 �3, �s r�vised. and required �y Pz�k[ 1 nf this Attachrnent si�aIi be stiE�n�ittec�, wil7en requii°ec� l�ti� 5ecti��i .3?U fda. OME3 Circu�a:� A-1 ;3. as i•��ised, l�y or ��i �eha�f'al�ti7t re�ipient directl`� to each of the fc�llowing: �[:]' ti �-z i ; ( Cr3!l191 I�Ef� Atri�eement �'��. Tl i34, Attar;}7mertt f3. Pa�e 2 of� �. TI�� ieparti3ierat of Envir��nmentaI �'rote�tic��Y at the follot�in� address: Aitdit 1)irectnr F�c�ridd pepartnier�t af Err��ironrner�tal Pr��teciio�� Office cif t�ie [r�s��c#or Ger�eral. M5 40 ;9��1 C�mrzina��ealtll Bc�ule��arc�. T�lialiassee, F9oi°ida ?2399-30afl I�. Ti�e Federal Audit ClearinbhQUSe d�sigtiated An C1MB Cir�:ular !�-1;3, as rEVised (tli�; nurn��r af' c�r�ies r�c�uired by Sectini�s .3?(] (d)[I) ��d (2). �n�[B CircuIar A-1�;, as revised. shoe�id be stiihri�ittzd ta tl�e I'�der�i ,a�idit Clearin�l�c,tise}. at the tollc�l��ino ac3dres�: Fed�r�l Audit �I�arin�h��ise Bu�`eau nftf�e ['ensus� 12C}] E.ast IQth Street Jef�ersoizvi9ie, lN 47i3? 5ubnlissicr¢i� of'tl�e Sii��le ��u�iit rego��ti�i� F}acka;;e fnr fts4al �erinds eridin� t�n oi° atter' Ja�i�iary i, 2Gtit�, must be su��nitt�d usia�� t�ie l�ederal Clearin�hcrus�'s lnterrze� I]ata Entry System a¢�d ca�� be foui�d at Pa��: :lta�:vester.cens�tis.��«�:_!'�jt C. r3iher F�ede��a� a�encies anc� pass-thra��g17 enti�i�s in acrcrrdasice with Sectians .3`?(l (e} and (fj, {�MB Cirr:ul�r A-13��. as revist•c#. �. �'ursua��l ta Seeti�,t7 .3?(3{f1. CIMB C`irc��lar A-133, xs rcvis�d, the reci�ri�r�t sf�all suk7tnit a cn�� of di�* ��eps7rtu�g packa�e described in Seclini� .32a(c). C]�+IB Circ«lar A-133, as revised, and �nw� managemerat iett�rs i�suec� vy ihe audit��•. �o tl7e i7e�artme��t c�f Ei�varc,nrnenta] Pre�teet�c�i� at the fc�llc�w•inu acCc�r�ss: Awdit Di�°ec:t�r Flc�rida I3epart��lent c�f Enw�ironmenTal Prc�tection [)ffee «f the [r�sE7�ctor Gei�er�l, I��FS 4t� 39[1il Cnrnr�o��vealtf� B��ulevard Tallall�ssee, rlc�i°ida 3?399-�fi(l0 Ccjpies crfti�7ancial reps�rting 1��cka�e5 rec�«ir�d by PAI�`T [I ofthis Attacl�rtienc sl7all L�z �ubmitted by or on I��halfofthe recipi�ni c�ire�tl� tn �acli c,t'the fi�llm�•in�: � �':. Th� ��epart«�ea7t of �n��irnnmental Prcrtectinn at the fe�llotiving address: � � �.u�it F}irectai• � € �ti�ricia Departnlent t�f Enviranmental l'rotection � i s�tic� c}I.#he lnspccic�r Cieiteral. �,!lS �0 �aiUt7 C'c�zttmun�ve�lth BE�dilevard "Iaflaliass�e. Pl�rida 32i99-3(3U[l B. Tl�e rludito�� Genei�a!'s t3fi�ice at the followin� ac�dr�ss: 5tate �f �'I�.�rida Auditor G��eral Fioni7i 4i�l, C'laude Pe�rper Builc�ii�s� 1 1 1 Va�est Madis�n Srreet T'allahassee. Flno•ida 3? �9t}- I �517 REMAIN��Et OI� I'At;�. IN�'ElVTftJNAL[,Y L,F_FT BLAl�II�. I3��' �,_��; {{1i!fJ9} C�EP �"1e?reen�ent No. TI 13�#, rlttact�ment �3, f'age 3 c�f S � m � � � rn Cc�pie� �i're�c3i-ts crr iTiaija�e�neQit l�ttei�s r�yrsi�•ed �7� €'AE2T Ill ofthis AttacJir��ent shall be su�mitted k��' ur on hehal(�uf'the reci�iieiit �it-ectI�� tc� t}7e Ue��a��nent c�f En��irc�r�meo�ta! P��at�ectiort �# the fnllc��in� address: Audii Flirccto�° l:larida Deparlrr�eilt oi� Envirc��lmebi1�b Pt°�`�te�ctian (�t��ce c�F th� Iilsp�ctrar General, N1S �4(} 3'�{�[l �.oit�it�c?nw�;allh E3oul�vai�d �l�alla€�ass��. Floric�a 32399-3UU0 Ai3y reports, n�ai�a�einertt le�rers, or otk�er in�'c�rn�ati�n required to be s�Pbm�tl�d tc� the Departm�nt Ut LnWiror�n�ei�ta! Prot�ctinai �urs�iant tc� this Agreen7ent shall l7e s�sbrnit�ed t'iit�e�y in �cc�rdar�ce w�ith C)M[3 CircuCaa� A-6 �3, F2c�rida 5tatutes, nr Cl�aprers 1C�.5�0 (9ocal �c�vernm�nta'� e�ititi�s} �r lU.G50 (nonprc�tit ar�d for-E�rc�fit or�anicati�i�s}„ Ru1�s nf t�ie Auditor General, as ap��licable. iteei}�iei7ts, wher� subrnittii�� tn�ancial rep��rting ��a�ka�es tc� the Depart�iient ut Environroent�l Protecti��n �u�- audits d��r�e in accurdar�ce �vitf7 C)M13 Circular A-I _�3. �� ChapCei�s I(}.S�Q {l�csi �uve;ri�r��i�ial ei�tities) or 1(}.65[l {ii�anprofit arad fnr-��r�tit c�r�ar7izatic�ns). Rules o� tF�e AEiditc�� General, sltc�uirl ni�lit�t� the datie tl�at the e•e�c�rtir�: packa�e �ras �ieii�,°ered tn tlie reciri�nt it� cc�rrespondence accc�m�an4�ii1� che rep��rtii�� pa��a�e. PART V: 1i�EC'(3RD RETENTI�N -1'he recipient sliall �•etain suffici�nt recUrr�s demonstratin� its cnn�pliar7ce tvii}i the terms ��f tl�is A�reen�ent for a F3erin�l c�f` S}��ars frni�7 the date the auc�it re�c�rt is issued, t�nd �f�all a�law tlie C}epartmeiyt ��f Environi�iei�ta9 Pra�tecti��n, or its desigr7ee. Claief C"inanc��l C)f�cer, c,r A«ditnr General aGCess to such recnrcls t�p��i� requesk. The reci�ierat sh�Ii ensus�e that audit ��rkin� �,�per•s �re ��a�1e. ��ilat�lr- tr� the S]ep�rtment c�f F.nvirnnrT��nta� P��it�ctinn. c�r its clesi��ee. Cl�iel' Finai�cial C�fficer. or Aue�itor G��t�cal upon r�yuest For a peri�}d of 3;��ear5 frc��i7 �Ii� �iate the audit reE�c�rt is iss�ieci, w�less �xtended in ��ratina by the Depxi�i�ent of En�irarunental Prntection. EtEIvIA1T�➢DER OF PAGE INTE]�iTIO�J.AL�,Y L�F"I' BLANK � - ,. L)Ll �1�lc:ct7�eldt Nu. k i i?-�. ,-litziCkllliellE �i. �'a��c �} i�1 �? I F Y.1�� x �3: � � � � c G � �—' � pC p � 7d] � �' � � � � � � E � D � � � o� Q � "r3 C'.+ � N �i � D J � � a � � � � � �., o, o C: �, � � •� :� � '� Q L U � +. � � � � � � G � !J Q � � y^' ++ Q �" L,. %, `� �' � � � E cv � � � � 7 � � G 4� �V 67 � � W � +� � G w � � � tq � G 6Y � 'C 4y �. � r � a�a � ;- '� °- �+, �. � � r U; � W L u ;� � � O m cti C� � � y cc N a�" � C r.-.. ^ -� cG c ��n v 6i C] C' � - k �'=-� � Q¢ Gc. c � � 1-. OJ . � ^J a`.�'� = :�.7 'f � cC � U � � �, � C. ,Y°-, '� p OS � � � � b!jT.. C7 Gt,� � � � w [�._ � i � a y CL� � C.+ � � .!'�. o �, O i,� w p � � �. U 0 � .� a � �r � � � � � � CJ � � � a.+ � [d i..1 � v. i, � 2. C ai � �a � � Ci � i � � fr1 G�i 'd � � � � @ G7 � � C � � � 67 � L � GC � �,t? � y � G � � � � � � � O j � 3.. � r? ^d :/] Q � Cl. �") � � �� C• � � N �C � u O C u �' C/] '� � a � u � � � u� ur d y � c� ¢ L 7 � C =� d'y � 4J � F � � � ,�,i �Y r� C! `-� �3 r��"r, o � '�J � a tu�i �7. � �, � � � �, � � � a � � c D u 9? QI [;„ � L�7 ,., � � � L � � a�i � . i�a+ y�..� �" � � _ C � � � V �' = r/� +3- L � � C ar U � 43 � � '. t. 7 t ;J] O �� +.+ � "� � C �s � LC 3 � � � 7 v � � J W ,F, � r�- Ct a�s g�, � W f J � i � t% �a� � � .� � � n �" Y � � �� . � � �. � � v U VJ ?+ r SC , Cs3 �7!) :�7 l., � �J,l l� �ti+ :J � r��, '� ` V i � � � � L d � ;� il. � n W t] �u � i � ?, `�' r,� s� 6�.a �? '� � � L c�� .. � `� � � � � � ra � P +J 7-. N � C � Q 'LL� C'[ � W � � � � � `` "' -a `' c�, s,�', � 7 � F t3 47 � � � � �" d a, � c� a L � � .ii ceS � c�JC v � �= �y L Q? O � � � v � � � � i-' 4--° ��-+ D � � ' � D, 'C7 N 7� � � '�+ � � � � � � ,w U b i ci C � '6 � i.C. 93 � m � aa w' � �- L ,U � G L � � ':D � c3 ��, ^ V; � � :ii � 7 � r,�� O _ � � � ''J i � 'Y =J � 3 � �r' SW � �r: C�i rn C!] � ! � � y. � ~* � � �I C.Y � �V} � � �] , d.'� � � � [J- `. v�i .� � C Va �j�f} � � � C t:! C u � � � 0 � � � � N kr; L ry CIj ir: � �' � ^ n � m � � � rn A�cT��Hni��r c CERTIFTCA�fiIUN +[)F �YPLIC:Al3ILI'l l' T[) SIN+iGLE AL�DIT ACT REPCIR"TING f,�rant�:�'s Nan»: Cleat°��ater, City c�f C3rantee Fiseal Year Pe�-iad: FI�C}M; "I'C]: Total St�t� Financial Assistaalue Ex��nc3e�l during Grantee's tnc�st rece��tl_y c�mpleted �'iscal Y`ear: Tc�tal Federal Financial Assistance E�:pendeci r�ui-in� Grantee's t��c�st recentl� coit��l�ted Fisca] Ye:ar: CERTIFICATIaN STATEMENT: l 1iea-e�y c�;rtify that th� abc�w�e infc»7x►atian is co��ct. Si�lature Print �far�Ye and Positic�n Title L7�P Agr-��nient I�Ic�. 7� I 34, ,�.ltachil�ent C, Page 1 c�f 3 Date Il`�1STRLrGTI[ll`�S F{]It C�11�PLE"I'll''�IG I"H� ATTAC'H�'[ENT Gra��tee Fiscal Year P�rind: FI�C7I��: M�i�tl�l'�'ear T[�: ll�onthlYear NOTE: THI� SH[]i3LI� SE THE �RA�+ITE�'S FISCAL �i'E:'�,R �,�Q1l7 {MG1N"1 HI4`EAI�) TG (M(7►NTHI"YEAR}. Total Siate Fit�ancial Assi�tance Exp�ndeci c�unn� Grantee's m«st rec�ntly �.nrt��al�tLd Fiscal Y�ar; NC1T�: TH1S AMIJLTNT SH�ULi} SE THE T�TAL STATE FIN�iNC[AL �►SSTST�NCE EXP`E�'+1DED FRC}P�9 ALL STATE AGENCIES, NC?T JUST DEP. � Tc�tal Federal Fi��axtcial Assistar�ce �,x�ended c�urin� Gr�ntee's inc�st r�cent�y cc�n�tp]e[ed Fi:�cal Year: NflT�. THIS A11�1�UNT SH(?ULD B� THE T(3TAL FEDER.."�L FTNANCIAL ASSISTANCE EXPE1�iDED FRlJM ALL �EllER,�L AG�NCIES, N{7T JUST THR[)U+GH DEP. $ � m � ��:�1��: C'�a-tifi��ti��s1 �1��y��C�i k�� ,i�;r�ed l�y y��,u7- �'hi�.1�I"iiYancial U��i�.er. � � � .°l�:�ise pt-int the ttame and i��clrad� thc: titl� a�Yd da#e of th�e si�i��tture. L7EP A�z-eeinen:l 1Vn. �[ l I 34, Atta�lzntent C, Pag� 2 ��f 3 m � � � rn CERTI��CATICIN UF �PPLICABILITY T(3 SI�iGLE AUDIT AC`'T R�P�RTII�+IG FR�QUEN'�'L1' AS�I'�r QUESTI+ONS 1. {QuestioiY: �7o I�.r�inp]�:t� arld return this fann v��l��n I r+�turn tny si�rred �,�r��i� er�t!Arn e�lcint�nt`7 Answer: No, this fon�� is tc, be compl�teci a��d signe+� l�y youc- Chi�# Finarrcial C]#t�cer and retu��d 4 rnonths after !he end mf ynui- tisca] yeaa`. 2. (�uestio��: Can I#�ax the inrn� io �o�? Ansr�crer. '4' es, yc�u car� fax tl�e �'ertificatian forn�, the fax nu�i�h�r is 85C112�45-2�411. �. Questiou: Hc�r�,� can I su�t�it the fonn if our audit is nc�t cc�nY�leted by the c�ue c#ate of t]Ii� letter? Answer: You shc�uld be able to cc�ntpl�.�c the ic�rm from the inf�r�uatinn in ;�our ac;c�yunting systern. Tlias is just t� �et c��ar C�ffice �f tlt�: I�lspeetc�r �eneral kriow whieh entities they sl��uld he �ettirtg an aud�t f'rc�in. �f yc�u are und�r the t�ueshc�ld yc�u d'a� r�at t�ar�e tc� subn-tit a capy of y�ur audit, a�nly tl�.� Certi�ic�ti�;1 f�rrn. 4. (�u�s�ian. I)a yo�r c��l_y ti��ant what we r�c�yved from D�P? Ancvver: Ncr, the Sin�le Audit is tl�� TOTAI�, AMC)UNT c�f funds that y�u e�cpet�d��l towards all state or fec�era� ��-ants that ynu receiv�. Yc�� s�iE�uld list th�ise ti�at are ��c.f�c t� I7EF' nn ille �'�rm. °�. (�uestiai�: I7� I liav�e �o suhinit the conlpleted f��rtn ar�d a cc�py� c�fnly audit? .��ts►��er; t�'c�, y�c�u clo not h:a�°e to subrtnit your audit ur�l�ss yc�u �re c�ver the tlit•esllc�i� of `��[�U,O�JU. If v�u wc�ul� prefer to suhmit y��ur audit (CAFR) inst�ad �f t}�e fc�rn�, tlzat is fi ne. 6. Questian. Qur C`AFR will nat lae re�dy h�fcir� your due c�ate and ��e dc�n't have tli� ii�farina�i�t3 ne�:essary to cot�tpl�te the certificatic�n. C'an v� �: �et aa1 extensian`? Answer: Y�s, j«s� selid us an �arsail ]ettin� us knc�vv when yc7u will hav� �c�ur �AFR cnm}?letec� and we will place the ;�.�nail with _yaua- lette�� ii� c�u�- file s�a t�at you don't get a 2"� notice, 7. Question: Answ�r: �'an 1 sukaalait n1y Certificatian �'�nn or �'AFR electranically? �es, �ou can �uhn-►it t�iem i�y Email to L�cl�bi� �k�ltf�i��r;clel�.st��te.iI.�ss [7EP A�rcement Nc�. T1134, Attachr��ent C, F'a�e 3 r�f 3 ATTACHPv�ENT D COIItI"�C"� Fi'pV15�4i15 All c�3n�ra�;ts aw��arded i�y a ��eeipi�nt, in�ludin� smal! �uz•eklases, s}�ail ct�ntai�� d�e falloe��in� �i-c��isians as ap�licabl�:: l. �c�us�� Einpiny=��ent (7pportunit}� - All cc��tracts sltall c��ntaia� a pr�wis�ai7 [-CL�GICIi'I�? Ci7T]l�7Ii�17C� ��iih ExccutiE� ()t'tlei- (�.C7.) 1l2�£i, "�qu�a] Fttiployrt�et�t Opp��rtuni[}�.'° a^; �iYic.n�iec� �iy E.(�. 1 i375, '"�nie�idir�e Execuii��e L�rc�er 1 fl24{i Reiatirig to �qz�al f�niployn�ent Opportunity," and as su�ple��lente� �iy- regulation, ��t 41 C'FR ��art 6p, '�(7ff�ce 4�f Federal Contraci Cc�mpli�nce Prc��ran�s, Ey�al E�iiploynYer►l Op�ortu��it�, Uepartmei�t nf I.abcsr.�� 2. C�►peland "Anti-�ickback" Acc (l�i C.'.S.C'. 874 aald 4(1 Li.S,C. 2'7(tic) - Ali cantracts ar�d sub�rauts in exee�s of $'UD(] fi,r- cc,nstauctinn ti�a� r�epair- a�r�az-clec-I b}� recipiesits and �u��ec:i�ients shaP� inc�ude a pr�aisit,n For cc,n��lianc� 1r�ith tl�e C'opeland "'Anti-Kickra�:k" Acc (1 �[?.S.C. $74), as stfppl�riiei�t�c� by D�p�rlm�a�t c,f l.ahnr regulations (29 CFR �art 3, '�Cc�ntr-ackor� and Suhcc�r74ractni°s oi� Pu�li� B�iild`u�� cra• P�ihlic l�«r-k Fir�anc�d in LTljiiale c7r in }��it �iy L��:<: ns- Gra��is fram tl�e Cli�ited Stat�s"}, "Che rA�� rovicies that each cc�ntractc�r ar sul�recipient �;}�a11 he �rc�hibited frc�ir� indur.ing, b} �n4 rneanw, anv pers�+n erri�lc�yed ir� t�e consiruction, corl��,tezian, nr repair c�f public wirc��•k. tc� �ive up any part of the cornper�satic�n tc� 4vhicl� li� is atherwvise entided. `1-1ti� recipient ;hall i�eport all sus�+e�t�ci or rcp�rt�d ��inlati�i�� tcs the Fede��al ati�,�arding a�en�.y. 3. DaF�is-Bacvn Aet, as an�eE�ded (4U [f.�.[`. 276a to �-7} -«,��en r�quir�d by E-'edera) program ie�i:;latinn, ail cnntitrUCtinn cc?��tracts awart�Pec� �ry tlie re�apieiltw and suhrecipiei�ts saf mc�re tkian $200� shall include a pr�vi4inri fc,r• cnrnplianc� v��it11 t�e Da��is-Sacvn Act (4�0 IJ.S,C. 27ba to a-i) ai�d as sup��len}erife� by= Dc:F�arti��e��t �af l.abt�i� r�gulal�e�n, (29 CFi� part 5, "Labor Standards Prc��sic�ns A��nlicab{c tc� C'nntracts Cicrr�erning Federally' Financed �nd A�Sisted C'nr�stiuetinn"}. U�7der thi�; Act, contractors S�iaf� �e rec�uir-ed kcr pa�� ages fc� I�borer, ai�ci r�iecha��ics at a rate t�nt less ll��r� the n�iilsnlum wage:; s�ecified in a w�a�e deterr��inatioT7 mac�� f�Y tl�� 5ecr�tary c3f La�rc�r. i� addilion, cc,ntractt�rs sl�all be r�c��ire�1 tc, p�� ra�es �z�t less tilart c�nce a va�e�k. Tl�e recipi�n� s��all pla�;e a cc��y� of tlze curr��l prev�i�in� wage dekerminacioa� is:�uec� by� tl�� I]eparli��eri1 �FL��ar irz eac17 s�licic�kicrn ai3d [he �warti of � c�nncraci �;hall ks� cnr�clitinned upc�ti fhe acc�e}�i,ai�ce r�f' the wage ciete�-�ninatinn. The recipient sh�ll report all suspected c�r re�oi•ted via�ati��r�s to il�e Federai aW�°arc�in� �3e�rcy. 4. Cot�tract VI'vrk Haurs and Safety Sta►ldards Act (411 [I.�.C. 327-3�3} - Where a}7E}�icable, all contr�ct, awa�-�ied �y� a'ecipicnts i�� exce�;s c�f 9�?{J(.}0 for const2'uetioit cc�nU-act� aiid ii� cxce:�s of ��5(�� fe�r ot}�ew° cc�rrlrE}ct5 tl�at dn��c�lve tlie emplc�y°n�et�t c�f i��ec3tanics c�r lab�aer:: ,IYall ii�clucie a �?ra��•isiuil fnr cc��Pirinee �aFith �eetinn� 3[)� ancl I Oi caf ttie Carrtraei VJc�r�C H«urs ai�ci Safety m '�tat��larcfs :��t {4[� �L1.5.C. 327 333�, as Su�3��ler�aented t�y D�partn�et7t of`L.abor re�ulatic�als (29 C:PR � E�art 5), Unc�er Se:ctic�n lOZ of tl�e r'�ct, ea�h condract�r shall l�e rec�ui��eci ko cc,ta�pute lhe �,��a�es oP � ��e��;� mecliar�ic ��ic� I:abo��er on tl�e basis s�f a standa�-d wark 4�,eek c�f �Ct Etau��s. Gi'�ric it� zACess of � �I7e stan�larci �v�Eark w�ek ia perntissi�rle prc>��ided that the worker is cnnaper�satee� al a rate af nol le�s 1}�an �'� tin�e� tl�e hasic ��ate of'}�ay for all �ours w�c�rke.d ifi exL.ess �3�4p hou��s in ll�� ork week. 5�c.ti�ri 3 C17 uFtle� Aet is applic�ble t� cc»�str�ctic�n �i�c�rk ai�d pr�t•ides tltat ttn laborer c�r niecl�anic s�iail ��e r�quired t�� woi-k in su�-rc�undin�s nr ui3r��r ��c�rkin� cc,i�ditFC�ns whicl� ar� tlP1S�Il1I�I'�, hazardous or clan��rc�us, "1'}iese requii�eroents do not a��ly lc7 the purchases �f supplies c?r mat�rials �� ar-ti��c� ordii�aril�� awaiiable e,�i t}�e np�n rr�arkeL c�r cc�ntracts fs�r ti�ns��rtatian �i� transa�iissian of intelli�en�ce. 5. Clean Air Art (��. E7.S.C. 744� et sec�.) anrl the �'e�er�l W'ater PpIIU[IOIl Cankrc�l Act, as annea�efed {33 t!.S.C'. 1251 et seq.} - Ccr�tlra�t4 an�i ;u6gr�nts nt anic�urits it� exe�ss ��f� �l U0,000 shal! �or�tain a prn�ision that re�uire� it7e recipienz zc� a�r�e cz� c�n7ply witl� a11 ap�licaUie stanc�ards, �rc�ers or re�ulatians tssued pursuant to dle C�ean Air Act (42 L1.S.C. i�57(la}}, s�ecti�n 5[}$ nf th� +Cl�ai3 W'ater Act (33 U.S.C-. 1368}, Executi� c Order 1 173f4. and En�Jiron�YaenCa] Prc�tectic�n �3�ency r�guiati�,�is (�t() C'FR part 15}. [?C�' A�reem�n� I�a. T1134, Attacntncni D, Pa�e I of 3 E�. Br��rd :Anti-i,obb�'in� .F'�in��adri�ent (3l LJ.S.C. 1352} - Contraetqrs ��•lio a�ply c,� Lii�� for aai awar-tl c�f;if?{l,(][7[� c�i- cnore sEiai� �!e tize �•equirec! c�rtiticatin��. Eacf� tier i;ertifaes ta tk�e ti�r nbcr4•e t�iat it �n,ill iioi ai�+:j lias not uset� Fecler'al apprnpi'ia#ec4 fu�ids tt� pay a�� persnr� or c�rganiz�ti�n fnr intlue�ac-i�i� n�� at�t�m�ti��g t<� int�uenee an ofticer� �r ezl�pIc�y�e c�f �i�y a�ei�c�E, a m�37rber t�f Ct�n�r�ss, nfticer �r cz�yployee of C:ni��z•e:�s, or a37 er�7plo��ee of a m�mber s�f C��l�ress in c�nn�e[it�r� t�,itlt nbl�iinin� a�l�' I'e�i�ral eni�tract, �r'a�ti vr any c�ll�er a��az-ct covei-es� by �1 t3.S.C'. 135�. Eael� tie1� shall a4sn �ii�clnse any� Icehbyin� u�ith nan-Fe�eral func�s lhat take4 pla�e ia� c�ni��ctinT� euitl� c�l�t�iinin� ai�� ed�r�l a��ard. Such cii�clasure� a��e fnr��rded troi�� tier lo tter ti}� �o tti� r�ci��ient. i+. Debartmeiit �nd Snspensic�i� (F.C3.s I25�t'� a►zd t2689} - l�o contract Sha�i be mad� tn �aarties fis�ed c�n t17� General Se�vices rlc�ministration's Lisl of�Paities Ex�lud�d frc,n� Federal Prc�curesner�r �,r Rc�npracur�nle�it �`rci�rarxls ir� accordat�ce ��iili E.i�?.s 1?5�4 �nci 12Fa�9, "Debai�iieni and S��spensit�n." This li�;t contaieis klie i�an�e� af �arties d�bs�-red, sus�ended. or c,tiierw�se excluded l�y- a�encies, and coniractczrs dec�ared iaielig36�e uncie�� statutc�ry or re�ulaiory �utl�ai-ity �tl�er tl�a�7 E.�. I�549, Contract�rs �vith a«��ards that e�c�ed tl�e �mail �urcl�ase lhreshold :�hall F�rn4 ad� the required c.ertiti�.atinn re.gafdin� it� exclusinn ;tatus a�d tl�at nf its prirjci}�at zmplayee�;. 9. S�rtio�i 5i]8 vf thr� Federal L'L'�ter �alluti+�ai Contral Aet, as �mended (33 Li.S.C. 13b8) and �ecti�n 1424(e} af tlie Sa.fe I)riz�king W'ater Act (42 CT.S.C. 3G'�Il-i{�j� - C'(}61I1'dCtii and �ub�ratits afarn��n�ts in excess t�f�l(�0,(l{ltl shall cant�in a}�cavisic,n �hat �•equires the �•eci�iei�i ic� a�g•e� fo coii�pl_y wit�� all a�plicable starularcls. orc3ers �r re�ulations i�;*,u�d puryuant to Sectinn Si}�i c�f the Fed�r�l W�tcr Pollu#ioz� C'c�ntr�l Act, as am�nc�ed {33 [1.S.C. l3F�R} and Se�tion 142�(e� cat tli� Safe Drinkin� Water Act (42 L1.S.�. 3U�Jh-3{e)). Vioiatgans ,ha11 be rep�si-ted to tlie l�eder�al av��ar�iin� agei�cy and tl�� Re�iona� Office o� the �.nvirc�nnien[al Pratection ��ency� (EE'A}. 1Q. �ot�zpliatrcE Niti7 aEl F`ederal statutes relatin; to nandisrrin�in�tion - l i�ese include but are not ]imite� tn: (a) '1'itle V[ 01' tlle Civil Ri�hts �ct af 19fi4 (P.L. �i�-352}, w�l�i4h pr�ot7ibits discr•irt�i��ati�sn o« tli� Uasis of sex; {by Seeticjn SCT� af tl�� Rehak�ilitati�r� Act nf I973, as axi�en�ec� (29 11.5.C. 795}, wl�icl� pi•ohil�its discrimination on the basis �f handicaps� (c) t17e .4g� I�iscrin�inatic»t r�ct of 1975, as aai7endeci [42 LI.S,C. 61U1-f�1Q7), tvhich {�rcihi4�iks ditcrirriinaki��n �n the �asis of a�e; �d} tl�� I}ru� A�iuse Clffi�� and Tr�atmeni �ct �F 1�]'72 ('P.L. 9?-255}, as an�encied, r�lafin� tc� nn�adisc�•ir�ii��atic�n nn the �asis ��i'dz�u� abuse; (�) the �oni�ref�en,ive Alc�livi Abuse and Alcc�ltalisn� P�•��er7ticrr�, `I.reatnae7�t ai�ci l�ehal�ilitatir��n Act of ]9iU {P.L. �3l-�i16), a5 an�ended, relaling ta nnndiscr•iiT�iriatic�n c�n the basis c�i' alcc�hol abuse nr alc�i7olism; {i� Sections 5?3 and 527 �}f thz FuLalic Hca�th 4�.rvict Act of 191? (42 U.S.C. 29�7 dd-3 aii�1 29f� ee-3}, n; ay��ended, re�atin� rte� c.�iificicr7tiality �jf alcnl�n] az7d dru� a�use patient recar�s; (�} Tille VIII �rf thc C'i+�i1 Ri�f�ts Ac.t nf' 19fg (42 i_1.S.C. 36f11 et see�-D, as ai�ei�cte�3, relatiii� to nc��idisci-iminaiic�n i�i �iie salE. �-�nca1 «r linanci�i� c�f hausin�; ili) �iiy� ntl�e3- i�c+i�d�acr�inirtati�riz �arc�vi�ic��s in the specific: � :tafute(sj nzade; and. ( i) tl�e r�yuirci3lents of any otlier i;onciiscrimiizatian statute(s} t�tat n�ay apply. � ' i t'o�tapliance v►�itli tlie t�equiren�euts uf Titles II and I�I o�' tlze C.`n#f�rnt R.elacxtiacY Assistance � x�td Reai Property .�►cquisitic►x� Yolicies Act of 1970 (P.L. 91-b4&} ti�at prc�� id� E'or faii° ai�c� � � �yuital�Fe t��eai��zer�l of �crs��ts dis��aceci �ra� o�•frcrs�e pres��rty is acyuired as a restiilt �,f F�d�ral nr- lederally a�tiisterJ prt��ran�s. 1"i7ese reguiret�7ents appl�� tt� all interesls in real }.�a•Uperty acqt�i3•�.d fnr pr«j�cx purposes regardiess c�f Fed�raI partici��atic�n in purchases. l?. Con�pliance witla the proE-isin�rs af'the H�tcL Act {5 L;.S.C. 1541 — ISt)8 anci 7i2� -- 732$] t}�at liiilit t�te p�liticai actit ities ��f �ntploy�es u'h��s� }�rn�ci��] e�i�pioyme7it ��ti�'iti4.� ar�e i'z�ri�ied it� w E7ol� oa- in pa�-t «�itk7 F'e�i�ral funcls. 13. C'orr�ptiance, if applical�le, ��itl� flnad i��su��ance �urclaase requ�renients �f Section 102(a} oi tl�e Flood Disaster Proteet�on Act of 1973 {P.L. 93-234) tllat rec�uires recipiettts in a sp�cial floc�cj I�aLarc� area t� partici�,�t� in tr�e ��gra�� ai�ci tc3 F��irehas� flor�c� insuranee if the total eost of insui�able cc�nsti°uctioia ane� acquisition iy 5If},D00 vr n;«re. �'�. CQ[11[3�lAllCf F}-�t}1 e114Tp,�ynitl�uYNI standai-ds ►vhich rna!�� he prescribed to the follu►ti�ina: (a) ir�,titutian c�t ent�ironmental yuali��' cc�nir�i �a»a�ures �znder t}ie Natiortai E��iraati��ental Polic�: Ac.t aF 19fi9 (P,L. 91-190j an�i E�ecutive i�rc�er 11�14; (l�} nc�titicaticrn oi' e�iolatin� Faciiici�s ��ursuant tca �.C]. 1 l 73 �; (c1 Prot�ctic�n af �+,�etlai�ds pursuant to E.�l. 11 ��?(}; (c3) evaluakic�ii a1` fl��d D�:F' .4��reenient No. 'I'1 I;i4, Attacltmcnt I?, Page 2 ot?� � m � � � rn ��a�ards i�i t��c�r�plains irt acc.ot-c�attc.e tt�itt7 E.rJ. 1i4t3�i; (e) ass��rance oF�rec�j�ct consist�z7cy �it�i tl�e apF,ravecl 5tal� n�a��a�eiro�ent prc��rana de�ei�7p�c� under the C'c�astal Zotie f�lana��m�nt �c# �3f 1!�7? (l�i IJ.S.C'. 3�:51 �t seq.); (t� ��nfot�t�it4� ��'itl7 �'��d�ral a�ti��ts ic� State (C'��a3� .Ait•) lr�t�stementatinn Pla�is und� r Sectint-� 17C�{e} nf th� C:lean .�ir Acl af` 195�, a� ame��l�ci (�? LI.S.C. 7�U1 et scy_}; [g) p��tection ni urlder�i-ound sc�ur-ce:� c�f drinking ti�ater �rnc��r the Saf� Ds�isikin� 1�'al�r :1ct ot lC�;'�. as ai��encitd {�.1_. 43-:i��}; aa�d {l1} pt°��te�Yion ��fenclangere�i epeci�� unc�cr tli� �r�ci�n�erec� 5pecies t�ct �7f fl97�,. a5 ar�iende� (P.1.. 93-205). ] 5. Crrmpliance with the 1�'ild a��+d Scezti� Ri��ers �ct oi 1968 {1f� L1.�.C. 1271 et seq.} a°elated to �r�±tectiF�g enmpc�nents c�r poter7tial c��rnpor�e�iks of tfie i�atic�nal w�ild a�ici �ceni+: ri��ers syst�a��, l�i. Canxpiiance ►��itl� Sectiosi lt}b o1' tl►e National Historir Preser��atioaz Act of ly�ib, as ameTided (16 U.S.C. 47U), E.O. 1i593 (ide�ii�cak�on anc� protecti�n ui lzistaric �roperties), a��d t}�e Archae�lfl�icaJ a�d I�istaric I'resen�atinn Act of 1!�74 (16 CI.S.C. 469a-1 et seq.). 17. Cnmpli�nce `��ith P.L. 93-3�8 re��rding tlae �rrntectio�� c�f I�uivatt subjeccs in�olved iia resea�-ch, de4elopn��nt, aa�cl related �ctiviti�s �u�jported �Sy this award c�f assistance. 18. C'nr��plian�e r�►itE► ti�e Labur�t�ry .Animal �4'Ve�fare ;'�ct ot l�l+b6 [P.I,. 89-544, .�s t�mended, 7 ti.S.C. 2131 et s�y.} �,�r-taitiiri� t€� t��e care, 17arrdliiig, and �reatm�i�t «f warr�� bl��odeti ai�ia�7als helcl for research, teacl7in�, nr other acti��ities supparted b},� thi� Agre�zne�it. 19. Co��plianee with the [aead-Sased Paint Pt�isuuing Pre��entian Act (�Z LJ.�.C. 48f11 �t seq.) tl�al }�rohi�its tl�e use of lead-ha4e�d paint ii� cr,n�truclic�n tyr rehabi3itatio�i of residence strult�sres. 20. Compii�nce R��ith lhe mand�tnry� 5tandards at�d policies relxting i� �ner�� eificie�ic�� that ar� ec�ntainc-d in t�ie St�te ener�y� co��se�-r atiorz ��lar� issued irf accoreianc� wiil� the ri��z��y� Po�icy a��ci CoriserE ation Ait (PuU. L. 94-163, K9 Stdt. 871). � 21. Cumplias�ce ►��ith I.nniitation nri 1�ederal �artieipation (Z3 C'TR 1.9) ��ertainin� to the use crf Fede.��al-ai�1 funds R.LMAINDER ClF PF1GE 1NT�i�i"TIC}NALLY LLF'1 I3I:Ai�IK L)Llj .l�r�eer�fe��t tirr. 11 i3��. Attaei�n��it 13, I'a�r 3 oi�3 a��acxn7F�vT � r�EC,tn�aT�o�vs Fc�rmaI re�ulations cc3��t��ii�� adn�ir7istrat�t ��rt�i�ec��res fnr ll,5. I3eq�artmen� c�f '1"i'ansp�rtatic�n (IaCiT) QI'c`LT1�5 c'��7�lec"31" 111 � itle" '�? [}� ��1� � C?�� i7t FP�,ti�I'�� 111��1{lI]S. TI]� tll��C7LVlt1� � 1S� Gf7il�e`lIlYS TL'"�LIIc1T1l7I1S c3I1C� �f��e nf Managetnent anc� f3c�d�ci C'irc��i�rs �=liich m�y� apply ta the ��ark p�rti��,e�i uncier this A+�reeralerl�. S�Ucha ter � - Gener��l 49 C.�'.R. ?4 Unif�nu rela+�at��n �ssisiaTlce a11c� real prci�e�ty� ��cy�iisitic��i fe,r federal and federally. assiste� �rc�gran�s �9 C.F.I�. ?7 Nontiisc�-iiz�inatic�at oii tlle �iasis c�f dis�k�i�iE_y in �rn�rams o�' activities �'ccei4��ng �'�deral �i��ancial assistailce. 49 C`,F.R. 17 Interga�;�era�rx��ntal reti�ie�, nf I]QT prc�g�-anzfi ar�d acti��ities 49 C'.F.R. 19 CTIlltC7il11 �1�i111I71S��'$ilVe re�u,iren7ents for gra�lts �r7c� ��r�ements ��ith insti#utioz�s c�f Iif�h�r educdtir�i�, I�os itals a31d s�ih�r naii ra�it c�r�aibizat��,ns 4g C.�.R. 1� LTilifon�� a��lmir�istrati4°e r�quire��ents for �ra�is and coo�erati��e agree�nents tc� staie anc� Iocal �v�.riunents 49 C:.F.R. 20 Ne4�v restricti�ri�s on Ic��bviri� 49 C:PR 3? Dru�-�lre:e: l�v'ork lace Act C)ther Ferier�l Re ulatians 48 C.F.It. 31 Cnntra�t C'�s# Pri�7ciples an� Pi��cedures, «r uniforlr� e�st accc�unting standards tl�at ct�ni Ik� «ritl� cost �a-inci t�s acce t�yble; to tli� 1LCi�ra1 a�,encu 2 CFR 1532 Nc�n rc�cure��ent Sus ensiori ai�c� D�f�arniez�k Ite�ulz�li�us f�ffice of �1ana ement and Bua et Circulars A-21 (2 Cl R 22{l) C`ost �'ri��ipl�s f��- F..ducatic��ial Iiistituti��ris A-87 (' �C'1��1� 225} C��st Prin�i les for Stat�, L.acai, aa�d UZdiait Trik�al �iow��i-�unents 11-12? (2 +CF� C'��st Prir��.ipies fflr Nnn-Prnfit f)r�nnizations ��}� ; ,:,s - l � , !�ueiii Re �air�n�eiYts � c� p?.��,1 11�1�)�� t f';_�.t_�F- I�J`i, �,iti 1,Itlh �,! I�' �.F�I I l�� :;�!!� � � � � L'�.i.' :-: I��i�i;;tiii I��t�.`. 6 i, �. rti4c1til6ii« 6l i_. i�. �l. i. C�6� i SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 Approve funding, not to exceed $150,000, for preliminary design work including site engineering, architectural, geotechnical, surveys etc. for the renovations of the Sid Lickton Ballfield Coinplex and Fred Conoyer Center from Penny for Pinellas funds and establish a new Capital Improvement Project entitled Sid Lickton Complex Renovarions (CIP 315-93630). (consent) SUMMARY: The Sid Lickton Ballfield Complex and Fred Conoyer Center located on Saturn Avenue have been used for over 50 years by the youth of Clearwater for Little League Baseball. This seven�eld complex was developed over time, and has been scheduled for renovations. A Penny for Pinellas III project has been included in the CIP plan for Fiscal Year 2016/17 and 2017/18 (athletic field) to renovate the existing fields into a more modern, secure and economical design for the playing of youth baseball and girls softball. The Utilities Department is currently warking on a project to remodel and increase the capacity of water at RO (Reverse Osmosis) Plant 1. This will necessitate their using a portion of the little league complex to construct a new tank as well as to provide a construction access zone for vehicles working at the RO Plant l project. Construction is scheduled to start in July of this year and will take approximately 12 to 18 months to complete. Due to the requirement of the Utilities Department to complete their project now, it makes both economic and operational sense to do the ballfield renovations as part of the Fiscal Year 2012/] 3 budget while the site is torn up from construction and to alleviate the additional inconvenience of the Little League if done at a different time. Staff is recommending that funding from the Penny for Pinellas project Youth Sports Fields Renovations funded in fiscal years 2016/17 and 2017/18 be advanced to perform the preliminary design work and design drawings so that the project can be bid out in 2012/13 and thus construction of the RO Plant and the ballfields can be completed at about the same time without causing undue burden on either department, the neighbors and most importantly the youth of Clearwater. The entire project is estimated at $3 million. In order to proceed, staff is recommending that $150,000 of Penny for Pinellas Funds will be provided at mid—year to establish project 3l 5 93630, Sid Lickton Complex Renovations. Public utility funds will pay some portion of the project at a cost yet to be determined, representing the cost of replacing 2 of the existing fields and land cost for the expanded utility footprint. The proposed six—year capital improvema�t plan for the 2012/13 budget will reflect the redirection of $2.5 million from the Youth Sports Fields Renovation project to the Sid Lickton Complex Renovation project. Final funding will be presented to Council once final design and utility costs are determined. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Transfer from Penny for Pinellas project Youth Sports Fields Renovations. Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-93630 Review Approval: $150,000 Total Cost: 2011 to 2012 Yes $150,000 AmounY Appropriation Comment $150,000 Transfer from Penny money noted above Cover Memo Item # 17 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Authorize funding for Police and Fire related staffing and radio communication requirements, in the amount of $2,849,305.44, in anticipation of the 2012 Republican Narional Convention (RNC); approve a contract (purchase order) for $1,365,305.44 to Communications International of Tampa, FL far 300 P7350 Portable Radios and 143 M7300 Mobile Radios with accessories, in accordance with Sec. 2.564(1)(d), Code of Ordinances — Other governmental bid; establish project 315-9�240, RNC Radio Replacements; authorize funding of $1,765,305 from Emergency Operations; autharize the allocation of $1,084,000 from General Fund retained earnings; and authorize the appropriate officials to execute same. (consent) SUMMARY: The 2012 Republican National Convention is scheduled to take place in Tampa the week of August 27, 2012. Many activities and events will spill into Clearwater that week and will impact Ciry operations. Overtime costs far the Police Department for the Republican National Convention (RNC) are estimated to be $838,000. A mid—year budget amendment will establish project, 181-99201,RNC Police Overtime, and transfer $838,000 from General Fund retained earnings to fund these costs. Overtime and related costs far the Fire Department for the same weelc are estimated at $246,000. A mid—year budget amendment will establish project 1$1-99203, RNC Fire, and transfer $246,000 from Gene�al Fund retained earnings to fund these costs. In addirion, $400,000 will be set up in a Special Program Project as a contingency to fund costs for any outside support from other law enforcement agencies, as well as funding equipment specifically for RNC use. A mid—year budget anendment will establish project, 181-99202, RNC Support, and transfer $400�00 from the Ciry's Emergency Operarion project 181-99927 to establish this new project. There is also a need to purchase P25 compliant radios far the Police Department. The radios and accessories will be purchased through the Hillsborough County Contract HCSO RFP26-10 and quote dated January 26, 2012 at a cost of $1,365,305.44. The radio manufacturer, Harris, is offering an additional RNC discount if the radios are purchased by September 30, 2012; total savings to the City is $721,723.90. The portable P7350 radio is capable of communicating on 700MHz and 800 MHZ frequencies and P25 interoperability frequencies. The M7300 mobile radio is capable of the same features. The portable radios will replace several older models that the manufacturer does not suppart with parts. The radios will give us the ability to communicate with all radios regardless of brand through the P25 network that Pinellas County is building and Hillsborough County has installed. These radios will be assigned to the Police Department. The total number of portables is 300 and mobiles are 134. The department has 149 M7100 radios that will remain in the cars for several more years. Funding for the radio purchase will be provided by a mid—year budget amendment transferring $1,365,30544 from the City's Emergency Operation project 181-99927 to establish a new capital project 315-94240, RNC Police Radio Replacements. Type: Other Current Year Budget?: No Budget Adjustment: Yes Cover Memo Budget Adjustment Comments: Item # 18 Overtime Costs — Mid—year budget amendment will es�blish project, 181-99201, RNC Police Overtime, andtransfer $838,000 from General Fund retained earnings to fund these costs. Outside Support Costs/RNC Equipment — Mid—year bu�et amendment will establish project, 181-99202, RNC Support and transfer $400,�0 from the City's Emergency Operation Project 181�9927 to establish this new project. Radio Purchase - To be provided by a mid-year budget amendment transferring $ l,365,305.44 from the City's Emergency Operation Project 181-99927 to establish a new capital project 315-94240, RNC Police Radio Replacements. Current Year Cost: $ 2,849,305.44 Annual Operating Cost: N/A Not to Exceed: $ 2,849,305.44 Total Cost: $ 2,849,305.44 For Fiscal Year: 2011 to 2012 Appropriation Code 0-181-99201 0-181-99202 0-181-99203 0-315-94240 Review Approval: Amount $838,000 $400,000 $246,000 $1,365,305.44 Appropriation Comment Mid-year budget amendment - from General Fund Retained Earnings Mid—year budget amendment — f� City's Emergency Operation Project 181-99927 Mid-year budget amendment - from General Fund Retained Earnings Mid-year budget amendment - from City's Emergency Operation Project 1 8 1-99927 Cover Memo Item # 18 Attachment number 1 \nPage 1 TO: Mayor and City Council DATE: April 4, 2012 RE: Public Safety Radio Purchase Clarification Mr. Mayor and Councilmen, Clearwater's First Responders rely on reliable communications for their day-to-day, emergency and special event communications. With the upcoming Republican National Convention, our Public Safety personnel are in need of communications that are reliable, consistent and compatible with the City's existing radio system infrastructure. A purchase request has been submitted to the City Council for additional radios to support the upcoming RNC. The request to the Council to purchase the Ci (Harris) solution was made with significant evaluation and is in the best interest of the City, its First Responders and our taxpayers. Key aspects of the Ci (Harris) proposal are; ■ Lowest total cost — Over $1,500,000 less than Motorola's proposal and utilizes previous investments the City has made. ■ Consistent, compatible and interoperable with existing systems - no need for new training, replacement of unnecessary equipment or costly disruptions in operations. Only Harris radios can operate on P25, conventional and EDACS protocols (e.g. Hillsborough County, City of Tampa and the State of Florida). ■ Allows for future flexibility — Since Harris radios operate on P25 Phase 1 and Phase 2, the City can use this radio equipment on their existing system today and new P25 infrastructure tomorrow - no matter who the manufacturer may be. Motorola Solutions submitted a proposal that utilizes the Pinellas County radio system. After thorough consideration, this solution was deemed to not be the best solution for our City at this time. Specifically, Motorola's proposal has several aspects that make it financially and operationally unattractive such as; ■ Incompatibility with existin� systems - Unlike the Harris radios, Motorola radios will not operate on our existing EDACS system or neighboring public safety systems we interoperate with today in the Tampa Bay Region and the State of Florida. ■ Inaccurate quantities & pricing - Motorola assumed insufficient quantities for equipment like Dispatch Consoles. Where there quote includes 4 consoles at $280,000, we would need 8. This means $280,000 needs to be added to their proposal to ensure a comparable solution to what we have/need today. ■ Obsolete equipment - Motorola is proposing the XTS2500, an old technology radio that is soon to be announced end of life. Its replacement, the APX6000 is already available and shipping today. Iter�i��18 Attachment number 1 \nPage 2 ■ Hi�h priced — an "apples to apples" comparison places Motorola's solution over $1,500,000 more than the requested solution from Ci (Harris). In addition, Motorola's solution requires additional maintenance and training costs making the costs even higher. Iter�i��18 Attachment number 1 \nPage 3 Table 1, Radio Procurement Comparison � - . . . . . Cost 1,559,932 $3,061,191 NO interoperability The City's system, along with Direct seamless With Hillsborough, several others in the region and Interoperability interoperability with state utilize Harris EDACS protocol. all agencies Tampa or the State of Only Harris provides equipment Florida that operates on this protocol. Familiarity, previous training, and existing equipment allow the Ci Implementation Time Fast Lengthy solution to be implemented in time for the RNC event. The Motorola solution would not be ready in time. Maximize previous With Harris equipment, the City can investments Yes No continue to use its radio system to 2017. The Motorola proposed an older technology radio that is soon to be Current equipment Yes No announced end of life and its replacement has already been released Ci's proposal includes their highest Equipment Tier High Tier Low Tier tier radios with ability to operate on multiple systems and frequencies. The Harris 7300 Series radios are Future Ready for P25 capable of operating on upcoming Phase 2 Yes No future systems, the Motorola XTS2500 is not. Summary The purchase and reprogramming of these radios to support the pending RNC is critical to a successful event. Timing is critical on a project of this size to allow for equipment ordering, delivery, programmed and fielded in time for the August RNC convention. Staff believes that if the purchase of these radios is postponed, it would be extremely difficult to equip all our first responders in time for commencement of the RNC event. This could have a detrimental effect on the City's ability to respond to emergencies, putting our First Responders and the public they serve at risk. The City of Clearwater staff has researched and conducted lengthy deliberation on the proposed radio purchase and strongly recommends the City Council proceed and pass the agenda item as proposed at the April 2"d , 2012 workshop. Iter��18 Ci (Harris) - Motorola Citv of Clearwater P-25 Radio Pricin� Analvsis (1) Additional P- Manufacturer Description Qty. Pricing 25 Programming Total Cost Difference Notes Ci (Harris) P7300 300 $901,443.00 $50,456.25 $951,899.25 High tier radio model Motorola XT52500 417 (2) $1,061,473.50 $1,061,473.50 $109,574.25 Low tier radio model Ci (Harris) M7300 134 $463,862.00 $84,371.00 $548,233.00 High tier radio model Motorola XTL2500 283 (3) $674,217.94 $674,217.94 $125,984.94 Low tier radio model Ci (Harris) Install 417/283 $36,800.00 $23,000.00 $59,800.00 Why is Ci lower Motorola Install 417/283 $178,000.00 $160,000.00 $338,000.00 $278,200.00 Why is Motorola higher (4)Estimate Cost Ci (Harris) Consoles 8 $0.00 $0.00 In place and in use today Motorola Consoles (5) 8 $760,000.00 $760,000.00 $760,000.00 * Motorola pricing only included 4. Does Not include maintenance, training Ci (Harris) Microwave Link $0.00 $0.00 Unnecessary Motorola Microwave Link (6) 1 $227,500.00 $227,500.00 $227,500.00 * Needed to make consoles work. Does Not include maintenance, training Ci (Harris) Total With additional P-25 Feature Upgrade $1,559,932.25 Motorola Total Does not include ongoing maint. Of consoles and mw link $3,061,191.44 Savings Savings to City with Ci (Harris) Solution $1,501,259.19 1- Additional feature upgrades to existing P7100 and M7100 radios to P-25 2- Additional portables needed for Police Department 3- Additional mobiles needed for Police Department 4- Estimated additional cost for mandatory install and programming _ 5- Additional cost to replace mandatory Dispatch Consoles r-r � 6- Optional Microwave link from Clearwater Police Department to Court House, integrated to Pinellas County �*- This equipment requires ongoing maintenance and training that need to be added � � D N 3 � m � � c 3 a m N � � N � � City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Approve a Blanket Purchase Order to T. Wayne Hill Trucking, Inc., of Bartow, FL in the amount of $1,425,306.96 for biosolids services for a one-year period with two optional annual extensions and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater's Water Reclamation Facilities (WRF) produces a residual product (biosolids) that requires hauling and disposal. The City's current contract for the hauling and disposal of these biosolids expires April 30, 2011. In response to the request for proposal (RFP) 09-1� four (4) responses were received February 23, 2012. T. Wayne Hill Trucking, Inc. represented the lowest responsive bidder for Base Bid Services at $18.00/wet ton for stabilized biosolids cake removal and disposal and $0.02/gallon for unstabilized liquid sludge transport. The contractor is required to provide two basic services, which are to remove and dispose of stabilized (Class B) dewatered biosolids and to transport unstabilized liquid domestic wastewater residuals from the City's East WRF to the Northeast WRF for treatment and dewatering. In addition, alternate services as outlined in the RFP, and for which unit prices were provided in the contractor's bid, may be provided at the City's direction should specific emergency conditions develop at one or more of our facilities. The Contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C., and shall be responsible to comp�r with existing Florida Department of Environmental Protection (FDEP) and the United States Environmental Protection Agency (EPA) residuals treatment and disposal regulations, and all other applicable Federal, State and local regulations and any changes made in these regulations during the contract period. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-5ID300-535-000- 0000, WPC Operations, to fund $199,334.52 of the current year cost of this contract and is planned in the budget request to be brought forward for Fiscal Year 2012/2013 in the amount of $475,536.60, for Fiscal Year 2013/2014 in the amount of $475,536.60, and for Fiscal Year 2014/2015 in the amount of $274,899.24. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0421-01351-530300-535- 000-0000 0421-0 l 351-530300-535- 000-0000 0421-01351-530300-535— 000-0000 $199,334.52 2012 to 2015 Amount $199,334.52 $475,536.60 $475,536.60 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment FY 11/12 FY 12/13 FY 13/14 None $1,425,306.96 Cover Memo Item # 19 0421-01351-530300-535- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: $274,899.24 Yes FY 14/15 Bid Number: Bid Exceptions: RFP 09-12 None Cover Memo Item # 19 REQUEST FOR PROPOSAL RFP 09-12 BIOSOLIDS SERVICES FOR THE CITY OF CLEARWATER Proposers: HH H&H LIQUID SLUDGE DISPOSAL, INC. 6990 US HIGHWAY 27 BRANFORD, FL 32008 RICK HACHT 800.653.0386 TWH T. WAYNE HILL TRUCKING, INC. 595 W. SUMMERLIN STREET BARTOW, FL 33830 WAYNE HILL 863.519.6677 Proposal Prices: Base Bid - Stabilized Cake To LA Base Bid - Unstab. Liq. East to NE Alt - Class B Cake Incorporated Alt - Unstab. Cake to RMF Alt - Unstab. Cake to LF Alt - Unstab. Liqd. Marsh. To NE Alt - Unstab. Liqd. East to Marsh. TWH Base Bid Items Total: HH Base Bid Items Total: AMS Base Bid Items Total: TR Base Bid Items Total: ADVERTISED: ST PETERSBURG TIMES myclearwater.com TR AMS Attachment number 1 \nPage 1 TERRA RENEWAL, LLC. 1100 E CAMPBELL RD. SUITE 220 RICHARDSON, TX 75081 STEPHANIE BOWDEN 972.996.7549 APPLACHIAN MATERIAL SERVICE, INC, P.O. BOX 97 TERRA CEIA, FL 34250-0097 JON WIMPY 941.776.8706 Cost Basis $/Wet Ton $ $/Gallon $ $/Wet Ton $ $/Wet Ton $ $/Wet Ton $ $/Gallon $ $/Gallon $ Weekly $ 7,600.00 $ 9,905.00 $18,218.50 $18,492.50 TWH 18.00 $ 0.0200 $ 22.50 $ 48.50 52.00 $ 0.0350 $ 0.0350 $ HH 21.80 $ 0.0350 $ 21.80 $ $ 52.00 $ 0.0375 $ 0.0375 $ 156 Weeks $ 1,185,600.00 $ 1,545,180.00 $ 2,842,086.00 $ 2,884,830.00 1 /28/2012 1 /23/2012 - 2/23/2012 AMS 43.90 0.0439 43.90 68.00 68.00 0.0439 0.0439 Item # 19 TR $ 45.89 $ 0.0374 $ 45.89 $ 64.50 $ 58.00 $ 0.0374 $ 0.0374 Attachment number 1 \nPage 2 Item # 19 CITY OF CLEARWATER, FLORIDA REQUEST FOR PROPOSAL (RFP #09-12) I �' BIOSOLIDS SERVICES OPEN February 23, 2012 AT 4:00 PM TO BE DELIVERED City of Clearwater Purchasing Manager Municipal Services Building 100 So. Myrtle Avenue (3rd) Floor Clearwater, FL 33756 Or mailed to Purchasing Manager George McKibben PO Box 4748 Clearwater, FL 33758-4748 Attachment number 2 \nPage 1 Item # 19 TABLE OF CONTENTS Section Title PART A. GENERAL INFORMATION Attachment number 2 \nPage 2 Page 1. I NTE NT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. CALENDAR OF EVENTS .................................................................4 3. AWARD ........................................................................................4 4. VENDOR QUALIFICATIONS ............................................................4 5. INSTRUCTIONS - INFORMATION TO BE SUBMITTED ........................ 5 6. EVALUATION CRITERIA ...................................................................5 7. PERIOD OF CONTRACT ...................................................................5 8. PRICE ............................................................................................5 9. PAYMENT/INVOICES .....................................................................5 10. REFERENCES ..............................................................................5 11. CANCELLATION AGREEMENT ........................................................ 6 12. CONTRACT ASSIGNMENT ............................................................. 6 13. PERFORMANCE BOND ..................................................................6 14. INSURANCE ................................................................................. 6 15. FISCAL NON-FUNDING ..................................................................7 16. INTERPRETATIONS/CLARIFICATIONS .............................................7 17. VISIT TO SITES .............................................................................7 18. SOURCE FACILITES ......................................................................7 19. EXTENSION .................................................................................8 20. INDEMNIFICATION ........................................................................ 8 21. CONTRACT COMMUNICATIONS ......................................................8 PART B. SPECIFICATIONS AND SCOPE OF WORK 1. GENERAL INFORMATION ...............................................................9 2. SCOPE ........................................................................................9 3. RESIDUALS BID ITEM DESCRIPTIONS ...............................................10 4. COMPOSITION OF SLUDGE CAKE .................................................. 14 5. CONTRACTOR REQUIREMENTS .....................................................15 6. REGULATORY REQUIREMENTS ..................................................... 15 7. COMMUNICATIONS .......................................................................16 8. ODORS ........................................................................................16 9. REGULATORY PERMITS,FORMS, PLANS AND LICENSES ..................17 10. CLEANUP ....................................................................................17 11. EQUIPMENT .................................................................................17 12. PAYMENTS AND PENALTIES ..........................................................18 13. QUALITY STANDARDS .................................................................. 19 14. MANIFESTS AND TRUCK TRACKING ............................................... 19 15. REPORTING .................................................................................20 Item # 19 2 Attachment number 2 \nPage 3 PART C. SUPPLEMENTAL STANDARD CONDITIONS 1. APPROPRIATIONS CLAUSE ........................................................... 21 2. PROTEST PROCEDURES .................................................................21 3. NO CORRECTIONS CLAUSE .......................................................... 21 4. OPENNESS OF PROCUREMENT CLAUSE ........................................21 5. NO COLLUSION CLAUSE ............................................................... 21 6. INFORMALITY/REJECTION CLAUSE ................................................21 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY ..............................21 8. CONFLICT OF INTEREST ................................................................. 22 ATTAC H M E N TS A. BIDDER'S PROPOSAL FORM ..........................................................23 B. INSURANCE CERTIFICATE ............................................................ 24 C. BONDING CERTIFICATE ................................................................ 25 D. REFERENCE LIST .........................................................................26 E. FDEP REQUIRED FORMS ...............................................................27 Item # 19 Attachment number 2 \nPage 4 PART A. GENERAL INFORMATION 1. INTENT It is the intent of this Request for Proposal to receive proposals from qualified firms to provide wastewater biosolids management services for three advanced pollution control facilities. The City of Clearwater desires to continue with and enhance its current program for the beneficial reuse of biosolids. 2. CALENDAR OF EVENTS The tentative schedule associated with the circulation of the RFP and submission of proposals is: 3. DATE January 23, 2012 February 6, 2012 February 23, 2012 Apri12, 2012 April 5, 2012 May 1, 2012 �_\�i%1:� �7 TASK Release Date - Advertise and issue RFP's Pre-Proposal Conference (Site Visits - See Part A, Section 17) Sealed Proposals (RFP's) and all Supporting Information Due Selection Committee Recommendation to City Council City Council Approval - award of contract by Council Contract initiation/start date (if approved by Council) - Contractor Begins Work Proposals will be reviewed and evaluated by a group of qualified City Staff. The proposals will be evaluated on cost, level of treatment, proposer qualifications, and the financial capability of the proposer. The City shall not be bound to make an award based only on the lowest price. The City reserves the right to award to multiple providers. The City reserves the right to reject any and all proposals. 4. VENDOR QUALIFICATIONS In addition to requirements specified in the following paragraphs, the bidder should have the following minimum qualifications: a. 5 years experience in the sludge hauling and disposal business. b. Current sludge transportation licenses. c. Current FDEP Site Permits and/or FDEP Approved Agricultural Use Plans for all current land application sites and be currently compliant with all FDEP/USEPA rules and regulations. d. Must have multiple active in-use FDEP Approved land application sites necessary to meet the sludge disposal needs of the City without interruption during the life of the Contract and any optional extensions. Item # 19 4 Attachment number 2 \nPage 5 5. INSTRUCTIONS - INFORMATION TO BE SUBMITTED Proposal must include Bidder's Proposal Form (Attachment A), Insurance Certiiicate (Attachment B), Bonding Certificate (Attachment C), Reference List (Attachment D), and FDEP Required Forms (Attachment E) along with a Nutrient Management Plan for each application site. For bidders that have not completed permitting their sites under the new rule, F.A.C. Chapter 62-640, effective date August 29, 2010 (and any and all subsequent revisions), then submission of existing FDEP Approved Agricultural Use Plans for all sites proposed to be utilized under this contract is required. 6. EVALUATION CRITERIA Evaluation will be performed by the evaluation team and consider proposal pricing included in Attachment A along with the proposer's qualifications indicated in a response to Item #4. 7. PERIOD OF CONTRACT The term of the contract awarded as result of this proposal shall be far twelve (12) months from the date of execution of the agreement with an option for two (2) one-year extensions, each at the discretion of the City and if mutually agreed upon with the contracted firm. 8. PRICE The price shall be firm for the contract period and the optional extension. Prices proposed shall be inclusive of all costs such as, but not limited to, labor, equipment, laboratory testing, regulatory reporting, and material to accomplish the specified service noted on the proposal form. 9. PAYMENT/INVOICES The proposer must specify on the proposal submittal form their exact company name and address. This name must be the same as invoices submitted for payment as a result of award of this RFP. The successful proposer(s) will be responsible for immediately notifying the City of Clearwater Purchasing Department of any Company name change that would cause invoicing to change from that originally submitted. 10. REFERENCES Reliability of service shall be evaluated to determine the lowest responsible proposal according to Item #3 of Part A: General Information. Proposers must provide a reference list of at least five (5) Florida municipalities of comparable size for whom they have provided similar service. It is the intent of the City of Clearwater to inspect all equipment and facilities used in performance of the contract. Item # 19 Attachment number 2 \nPage 6 11. CANCELLATION AGREEMENT The City of Clearwater reserves the right to cancel the contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to cancel. The City of Clearwater reserves the right to cancel at any time with cause if the contractor fails to fulfill or abide by any terms or conditions specified. Failure of the contractor to abide by any of the provisions and specifications of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Clearwater. 12. CONTRACT ASSIGNMENT No portion or part of the work specified in the RFP or in the award of contract may be assigned ar subcontracted without the written approval of the City of Clearwater, Public Utilities Director and/or City Engineer. The written request from the Contractor to the Wastewater Environmental Technologies Manager must state the extenuating circumstances that have necessitated the use of a subcontractor for the Work. The Contractor prior to subcontracting any portion of the project work must receive written approval from the Wastewater Environmental Technologies Manager. 13. PERFORMANCE BOND The successful proposer must supply a performance bond in the amount of ten percent (10%) of the total of the award prior to the City of Clearwater's executing the contract or issuing a purchase order. 14. INSURANCE The contractor or Vendor shall obtain or possess the following insurance coverage, and shall provide Certificates of Insurance to the City to verify coverage prior to commencing operations under the contract. The insurance coverage shall contain a provision that forbids any changes or material alterations in the coverage witbout providing 30 days prior written notice to the City. L Workers Com�ensation: Each Contractor or Vendor shall provide Workers Compensation coverage for all of its employees at the work location. The limits shall be statutory for Workers Compensation and $100,000/$100,000/$500,000 for Employers Liability. 2. Commercial General Liabilitv: Each Contractor or Vendor shall provide coverage for all operations including but not limited to: contractual services, completed operations, and Personal Injury. The limits shall be not less than $1,000,000.00 Combined Single Limits (CSL) ar its equivalent. The City of Clearwater is to be added as an additional insured. 3. Comprehensive Automobile LiabilitX: Each Contractor or Vendor shall provide coverage for all owned and leased or rented vehicles for limits not less than $1,000,000 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. Item # 19 6 Attachment number 2 \nPage 7 15. FISCAL NON-FUNDING In the event sufficient budgeted funds are not available for a new iiscal period, the City shall notify the contractor of such occurrence and the contract shall terminate on the last day of the then current fiscal period without penalty or expense to the City. 16. INTERPRETATIONS/CLARIFICATIONS No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. Every request for interpretation must be in writing and shall be received by the City of Clearwater Purchasing Director no less than seven (7) calendar days prior to the date set for the opening of proposals. Significant interpretations or clarifications shall be made as an addendum to the RFP documents. All addenda will be sent as promptly as practicable and become part of the contract documents. 17. VISIT TO SITES There will be a MANDATORY scheduled "Pre-Proposal Conference" on February 6, 2012, starting at 9:00 AM at the Marshall Street WRF proceeding to the other two source facilities. The intent of this conference is to familiarize the contractor with each of the facilities and the associated loading area, access, and adjacent structures. It is necessary that the proposing contractor utilize this opportunity to access the areas, since there will be no guarantee that personnel will be available at other dates & times. Contacts and physical location of the facilities are identified in Section 18 of Part A General Information. 18. SOURCE FACILITIES Citv of Clearwater Northeast Water Reclamation Faci 3290 State Road 580 Clearwater, Florida 34695 (727) 793-2787 Contact: Jeff Borden, Chief Operator Cityo uf Clearwater Marshall Street Water Reclamation Facility 1605 Harbar Drive Clearwater, Florida 33755 (727) 462-6660 Contact: Jacic Sadowski, Chief Operator Citv of Clearwater East Water Reclamation Facility 3141 Gulf-to-Bay Boulevard Clearwater, FL 33759 (727) 462-6667 Contact: Loren Pratt, Chief Operator Item # 19 7 Attachment number 2 \nPage 8 19. EXTENSION The length of this Contract shall be for twelve (12) months. Contingent upon satisfactory annual performance, there is an option to extend this contract for two additional one-year periods at the same per unit prices. Upon written authorization of both parties within 60 days of the expiration of this contract, either party may contact the other party. 20. INDEMNIFICATION The first ten dollars ($10.00) of compensation received by the Contractor pursuant to this contract represents specific consideration for the following indemnification: The Contractor shall defend, indemnify, save, and hold the City of Clearwater harmless from any and all claims, suits, judgments and liabilities for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance of this contract by the Contractor or it's employees, including legal fees, court costs, and any and all other legal expenses brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor; or by , or in consequence of any neglect in safeguarding the work: or by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of any claims or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Clearwater. 21. CONTRACT COMMUNICATIONS All operational communications relative to this contract after award and contract execution shall be provided to the Contractor's operational manager via telephone, Email and/or fax, and duplicated in writing (if not conveyed by Email andlor facsimile) to the Contractor's operational manager. The Contractor is to provide a contract administrator for the purpose of cooperation and coordination of activities regarding operations, conflicts, resolutions, etc. Item # 19 8 Attachment number 2 \nPage 9 PART B. SPECIFICATIONS AND SCOPE OF WORK 1. GENERAL INFORMATION The information appearing hereafter is furnished for the benefit of the bidder in preparing his bid as some portion of the information may or may not appear elsewhere in the bid documents. The selected Contractor will be given as much latitude and assistance as possible in planning and coordinating his work, however, all worlc required to properly achieve the objective of the project must be carried out and be consistent with approved domestic wastewater residuals removal, treatment and disposal practices normally observed throughout the industry and must comply with all Federal, State, County and local regulations as well as the Contract Documents. 2. SCOPE The purpose of these specifications is to describe the requirements of the City of Clearwater for: • the removal and disposal by land application of dewatered and stabilized (Class B) domestic wastewater residuals from the City's Marshall Street and Northeast WRFs, • haul of unstabilized liquid residuals from the City's East WRF to the Northeast WRF, • the removal and disposal by incorporation of dewatered and stabilized (Class B) domestic wastewater residuals from the City's Marshall Street and/or Northeast WRFs that comply with pathogen reduction requirements but do not comply with vector attraction reduction requirements, • the removal of unstabilized dewatered domestic wastewater residuals from the City's Marshall Street and Northeast WRFs and hauling to a RMF, • the removal of unstabilized dewatered domestic wastewater residuals from the City's Marshall Street and Northeast WRFs and hauling to a landfill, • haul of unstabilized liquid residuals from the City's Marshall Street WRF to the Northeast WRF, and • haul of unstabilized liquid residuals from the City's East WRF to the Marshall Street WRF. The selected Contractor will furnish all labor, materials, equipment and incidentals necessary to remove, transport, and dispose of wastewater sludge/residuals in the manner prescribed in and pursuant to the requirements of this contract. Item # 19 9 Attachment number 2\nPage 1 � 3. RESIDUALS BID ITEM DESCRIPTIONS A. Base Bid Items There are two (2) base bid items as described in this section. The contract will be awarded based on the sum of the bid prices of these two items, and the evaluation process described in Part A.6. 1. Stabilized (Class B) Biosolids (Dewatered Cake) to Land Application The estimated annual amount of dewatered and stabilized (Class B) Biosolids to be removed and disposed of from the Northeast WRF is approximately Ten Thousand Four Hundred (10,400) wet tons, based on an assumed solids concentration of 15%. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation; however, an estimate of two hundred (200) wet tons will need to be removed weekly. The estimated annual amount of dewatered and stabilized (Class B) Biosolids to be removed and disposed of from the Marshall Street WRF is approximately Seven Thousand Eight Hundred (7,800) wet tons, based on an assumed solids concentration of 15%. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation; however, an estimate of One Hundred Fifty (150) wet tons will need to be removed weekly. During the term of this contract, the City anticipates changing sludge dewatering methods from the existing belt filter presses to centrifuges; this will change the assumed solids concentration to 25°/a which will also change the quantity of wet tons that will be disposed of. It is estimated that these new centrifuges will be placed into operation on or before the fourth quarter of 2012. However, this is not a firm date and is subject to change. For bidding purposes the following removal and disposal quantities of stabilized and dewatered residuals shall be used: Stabilized (Class B) Biosolids from the Northeast WRF: 200 wet tons per week Stabilized (Class B) Biosolids from the Marshall Street WRF: 150 wet tons per week 2. Unstabilized Liquid Sludge (Approximately 5% Total Solids) From East WRF to NE WRF The East WRF produces a liquid residual that requires transport to the Northeast WRF for stabilization and dewatering. The estimated amount of unstabilized liquid residuals to be hauled from the East WRF to the Northeast WRF for Item # 19 10 Attachment number 2 \nPage 1 stabilization and dewatering will vary from day to day as required for efficient plant operation; however an estimate of approximately Sixty Five Thousand (65,000) gallons per week will need to be hauled. The liquid biosolids are approximately 5% (+/- 2%) total solids and are unstablized. Bidders shall use the following hauling quantities for bidding purposes: Unstabilized liquid sludge from the East WRF to the Northeast WRF (a distance of approximately 5 miles): 65,000 gallons per week B. Alternate Bid Items: The City is interested in other sludge disposal options as shown in the following alternate items. Bidder is not required to submit the alternate bid prices, but inclusion will facilitate selection and award of contract. 1. Class B Biosolids Requiring Incorporation In the event that routine testing of biosolids generated at the Northeast WRF and/or the Marshall Street WRF determines that the biosolids meet the Class B requirements far Pathogen Reduction, but do not meet the Class B requirement for Vector Attraction Reduction, the City requires the option of hauling these dewatered residuals to the hauler's permitted site for incorporation into the soil within 6 hours of application on the land. The amount of residuals to be removed and disposed of in this manner will vary depending on the results of the routine biosolids testing. For bidding purposes the following removal and disposal quantities of Class B biosolids requiring incorporation shall be used: Class B Bioslids Requiring Incorporation: 350 wet tons per week 2. Unstablized Sludge (Dewatered Cake) to RMF The City may decide that unstabilized dewatered residuals can be hauled to a RMF (Residuals Management Facility) based on hauling and disposal fees. This may include the unstablized and dewatered residual generated at the Marshall Street WRF and/or the Northeast WRF that routine testing determines does not meet Class B requirements for stabilization. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation and will depend on the results of the routine biosolids testing. However, for bidding purposes an estimate of One Hundred Fifty (150) wet tons of dewatered unstabilized residuals from the Marshall Street Item # 19 11 Attachment number 2 \nPage 1 WRF and Two Hundred (200) wet tons of dewatered unstabilized residuals from the Northeast WRF inay need to be removed weekly. Bidders shall use the following hauling quantities for bidding purposes: Unstabilized sludge to RMF: 350 wet tons per week 3. Unstablized Sludge (Dewatered Cake) to Landfill The City may decide that unstabilized dewatered residuals can be hauled to a landfill based on hauling and disposal fees. This may include the unstablized and dewatered residual generated at the Marshall Street WRF and/or the Northeast WRF that routine testing determines does not meet Class B requirements for stabilization. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation and will depend on the results of the routine biosolids testing. However, for bidding purposes an estimate of One Hundred Fifty (150) wet tons of dewatered unstabilized residuals from the Marshall Street WRF and Two Hundred (200) wet tons of dewatered unstabilized residuals from the Northeast WRF inay need to be removed weekly. Bidders shall use the following hauling quantities for bidding purposes: Unstabilized sludge to Landfill: 350 wet tons per week 4. Unstabilized Liquid Sludge (Approx. 5% Total Solids) From Marshall Street WRF to NE WRF (Additional Storage Truck Method) The liquid residuals produced by the Marshall Street WRF can be either waste activated sludge ar a mixture of primary and waste activated sludge. If the City decides that only waste activated sludge is to be hauled to the Northeast WRF for stabilization and dewatering, the hauler will be required to have a minimum 6,000 gallon sludge tanker on site at all times available for filling and then hauling to the Northeast WRF. This is necessary because the Marshall Street WRF does not have storage tanks available to isolate primary and waste activated sludges. The liquid biosolids are approximately 5% (+/- 2%) total solids and are unstablized. The estimated amount of unstabilized liquid residuals (waste activated sludge) that may be hauled from the Marshall Street WRF to the Northeast WRF for stabilization and dewatering will vary from day to day and will depend on the capability and capacity of the systems at the Northeast WRF. Item # 19 12 Attachment number 2 \nPage 1 Bidders shall use the following hauling quantities for bidding purposes: Unstabilized Liquid sludge from the Marshall Street WRF to the Northeast WRF (a distance of approximately 8.5 miles): Waste activated sludge only: 60,000 gallons per week 5. Unstabilized Liquid Sludge (Approximately 5% Total Solids) From East WRF to Marshall Street WRF The East WRF produces a liquid residual that at times may require transport to the Marshall Street WRF for stabilization and dewatering. The estimated amount of unstabilized liquid residuals to be hauled from the East WRF to the Marshall Street WRF for stabilization and dewatering will vary from day to day as required for efficient plant operation; however an estimate of approXimately SiXty Five Thousand (65,000) gallons per week will need to be hauled. The liquid biosolids are approximately 5% (+/- 2%) total solids and are unstablized. Bidders shall use the following hauling quantities for bidding purposes: Unstabilized Liquid sludge from the East WRF to the Marshall Street WRF (a distance of approximately 6.5 miles): 65,000 gallons per week Note that all of these residual quantities should be used far estimating purposes only. These quantities are not exact and that the City makes no guarantee of the total amounts to be hauled ar removed far disposal. Seasonal fluctuations may require processing of 200% of the average. Should the City encounter operational problems at the WRFs which impact the shipment of bio-solids, the Contract shall make every effort to accommodate such interruptions. Frequency of Removal: It is anticipated that under normal conditions, sludge pickup and transport from all three WRFs will occur during the six (6) day period, Monday through Saturday each week between the hours of 12:00 A.M. and 12:00 P.M. The weekly quantities provided herein are understood to mean the quantity of biosolids to be removed during that six (6) day period each week. Conditions may arise, from time to time, that will require biosolids to be picked-up and transported during Sunday and/or alternate times during a 24 hour day. Should these conditions occur, the Wastewater Environmental Technologies Manager or his designee will notify the Contractor as soon as possible after the condition is determined to exist and request Sunday and/or alternate time of pick-up and transport service and the contractor will make every effort to accommodate the request for Sunday and/or alternate time of pick-up and transport service. Should the Contractor desire to perform residuals pick-up and transport at other times from time to time, a written request must be submitted to the Wastewater Environmental Technologies Manager for approval. Item # 19 13 Attachment number 2 \nPage 1� The Contractor shall coordinate the scheduling of residuals removal during the above days and times with the Wastewater Environmental Technologies Manager or his designee. Under no circumstances shall scheduled residuals removal be delayed more than 48 hours. See Paragraph 12 regarding Penalties. The Contractor shall notify the Wastewater Environmental Technologies Manager or his designee immediately whenever situations develop that would interfere with the scheduled residuals removal. 4. COMPOSITION OF SLUDGE CAKE The Clearwater Northeast and Marshall Street WRFs will provide stabilized and/or unstabilized domestic wastewater residuals dewatered cake at a solids concentration ranging from approximately 15.0% to 30% total solids. The following is the most recent (12/2011) reported parameters for the stabilized residual dewatered cake from each of these facilities. The data is provided for informational purposes only and is not a guarantee of the characteristics of the biosolids. Parameter Total Nitrogen Total Phosphorus Potassium Cadmium Zinc Copper Lead Nickel Arsenic Mercury Molybdenum Selenium pH (Laboratory) Total Solids Units % dry wt. °/a dry wt. % dry wt. mg/kg, dry wt mglkg, dry wt mg/kg, dry wt mg/kg, dry wt mg/kg, dry wt mg/kg, dry wt mg/kg, dry wt mg/kg, dry wt mg/kg, dry wt LTnits o�a Reported Concentrations (12/2011) Northeast Marshall Street 6.1 2.9 0.13 24U (1) 918 968 30 20 17 1.0 22 30U (2) 7.3 14.8 6.2 4.2 0.16 24U (1) 767 615 22 20 14U (3) 0.82U (4) 17 30U (2) 7.8 15.0 Notes: (1) U qualifier indicates that that parameter was not present in a concentration at ar above method detection limit which was 24 mg/kg, dry wt. for Cadmium. (2) U qualifier indicates that that parameter was not present in a concentration at or above method detection limit which was 30 mg/kg, dry wt. for Selenium. (3) U qualifier indicates that that parameter was not present in a concentration at or above method detection limit which was 14 mg/kg, dry wt. for Arsenic. (4) U qualiiier indicates that that parameter was not present in a concentration at ar above method detection limit which was 0.82 mg/kg, dry wt. for Mercury. Item # 19 14 Attachment number 2 \nPage 1 5. CONTRACTOR REQUIREMENTS The Contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C. Biosolids disposal from the City's Northeast and Marshall Street WRFs will be as follows: 1. Class B Biosolids by the following Land Application Methods: a) Surface application: Biosolids that meet the Class B pathogen reduction and vector attraction reduction, per 62-640.600(1)(b), 62-640.600(2)(a), and parameter concentrations as set forth in 62-640.700(5)(a) F.A.C., can be directly surface applied by the hauler on their permitted land application sites. b) Incorporation into soil: Biosolids that meet Class B pathogen reduction, but do not meet the Class B vector attraction reduction requirements can be incorporated into the soil by the hauler on their permitted land application sites that allow incorparation to achieve vector attraction reduction. 2. Biosolids that do not meet Class B requirements (unstabilized biosolids) shall be disposed of at a Class I Landfill (in accordance with 62-701, F.A.C) or at a Residuals Management Facility (RMF) with a valid FDEP Permit by the contract hauler as directed by the City. 6. REGULATORY REQUIREMENTS The Contractor shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (EPA) residuals treatment and disposal regulations and any changes made in these regulations during the contract period. The Contractor shall meet the requirements of all regulatory bodies having jurisdiction over the hauling, treatment and disposal of domestic wastewater residuals. The Contractor assumes all responsibility for residuals analysis as required in Chapter 62-640, F.A.C. Any spillage, leakage, or release of residuals in transit or at any other location other than an FDEP approved disposal site must be reported to the Wastewater Environmental Technologies Manager and all regulatory agencies within twenty-four (24) hours of the occurrence and include details of the quantity and ultimate disposal method. All clean-up costs are the responsibility of the Contractor. The Contractor agrees, upon receipt of residuals from the City that they will be treated as required by Chapter 62-640, F.A.C. and STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE as outlined in 40 CFR Part 503, that he will accept responsibility for proper treatment and disposal of the residuals as required by Chapter 62-640, F.A.C. and Contractor shall be aware of and will comply with requirements for proper disposal as described in the Item # 19 15 Attachment number 2\nPage 1 � eXisting and any subsequently issued operating permits for each WRF issued by the Florida Department of Environmental Protection. The City of Clearwater's Northeast WRF Permit was issued by FDEP on March 19, 2007 and eXpires on March 18, 2012. The East WRF Permit was issued by FDEP on March 19, 2007 and expires on March 18, 2012. The Permit for the Marshall Street WRF was issued on March 7, 2007 and expired on October 12, 2011. All three of these Permits are currently in the process of being renewed. By submitting a bid, the contractor acknowledges that the permits will be renewed during the contract term and conditions may ar may not require modification to the biosolids handling, hauling and disposal requirements as required as part of the new Part 62-640 Rule provisions associated with the scope of work. Should this be the case and new requirements materially change the conditions through which the contractor is required to perform the work (beyond that which the Contractor should have present knowledge of and be aware of since the Rule is currently in effect), the City and/or Contractor will have the opportunity to negotiate a mutually agreed upon change order for affected line items in the contract. If such a mutually agreed upon change order cannot be derived the Owner may opt to re-advertise for services. THE CONTRACTOR IS HEREBY NOTIFIED THAT HE/SHE MUST BE FULLY AWARE OF AND KNOWLEGABLE ABOUT THE PROVISIONS OF ALL CURRENT APPLICABLE REGULATORY RULES AND REGULATIONS AND MUST INCLUDE IN HIS/HER BID PRICES THE COSTS ASSOCIATED WITH FULL COMPLIANCE WITH SAME. FAILURE OF THE CONTRACTOR TO BE FULLY KNOWLEGABLE OF AND FULLY AWARE OF ALL CURRENT APPLICABLE REGULATORY RULES AND REGULATIONS SHALL NOT ENTITLE THE CONTRATOR TO CLAIM A CHANGE IN THE SCOPE OF WORK AND/OR CHANGE ORDER CLAIM. COPIES OF THE CURRENT PERMITS FOR EACH FACILITY ARE AVAILABLE UPON REQUEST TO THE CITY OF CLEARWATER PURCHASING DEPARTMENT. 7. COMMUNICATIONS The Contractor shall have a means by which the Wastewater Environmental Technologies Manager and/or his designee can contact the Contractor or his employee in responsible charge, 24 hours per day, 7 days per week. An answering service, electronic paging device or cellular telephone that causes the Contractor or his employee in responsible charge to respond within 30 minutes of the Wastewater Environmental Technologies Manager's contact attempt will be satisfactory. All communications from Contractor to City will be through the Wastewater Environmental Technologies Manager and/or his designee. Contact information for the Wastewater Environmental Technologies Manager will be provided to the successful bidder. : •��]�+ The City of Clearwater's domestic wastewater residuals shall be disposed of in a manner, which will not cause or contribute to a nuisance odor as outlined in 62-640.400(6). Item # 19 16 Attachment number 2 \nPage 1 9. REGULATORY PERMITS, FORMS, PLANS and LICENSES The Contractor shall be responsible for obtaining, maintaining and paying for all permits, licenses and registration required by regulatory agencies having jurisdiction over the treatment, hauling, transportation and disposal of wastewater residuals. The Contractor shall secure the required permits for proper reuse and/or disposal of the residuals. This includes preparation of the required Treatment Facility Biosolids Plan (FDEP Form 62- 640.210(2)(a)), Biosolids Site Permit Application (FDEP Form 62-640210(2)(d) and signed Nutrient Management Plan). The Contractor shall submit copies of all required FDEP Forms; Plans; al] permit applications, approved permits with site plans, and any and all other documentation as required by the Regulatory Agencies, to the City, at no cost to the City. Please note that the City is requiring that Bidders submit with their proposals two (2) copies of the Treatment Facility Biosolids Plan(s), Biosolids Site Permit Application and Nutrient Management Plans for their proposed disposal site(s). The bidder must have multiple sludge disposal sites. Bidders with a single site will not be considered. For bidders that have not completed permitting their sites under the new rule, F.A.C. Chapter 62-640, effective date August 29, 2010 (and any and all subsequent revisions), then submission of existing FDEP Approved Agricultural Use Plans for all sites proposed to be utilized under this contract is required. Records and reports will be submitted to the Wastewater Environmental Technologies Manager as required in Paragraphs 12 & 15. 10. CLEANUP The Contractor shall clean up the job site at the wastewater treatment plants and at the residuals disposal sites at the end of each day of operations. Daily cleanup shall include the removal of soil or residuals dropped on any roads or on public and private property. Daily cleanup shall also include the cleanup of the residuals loading station, cleanup and removal of spilled residuals, and sanitizing any spill area. Any spillage of residuals shall be reported within twenty-four (24) hours to the Regulatory agencies and the Wastewater Environmental Technologies Manager as required in Paragraph 6. 11. EQUIPMENT The Contractor is required to provide all necessary equipment for residuals removal and disposal including hauling vehicles. The Contractor is to own or be sole lessee of the equipment utilized in the performance of the Contract (i.e., no Owner/Operator tractors). The equipment is to have the company name prominently displayed. Item # 19 17 Attachment number 2 \nPage 1 All hauling vehicles shall have a functional site gauge marked in a fashion to be representative of tank capacity. If a site gauge on a vehicle reporting to the wastewater treatment plant is not functional, i.e., plugged or stained, it must be unplugged if plugged and replaced if stained before the vehicle returns to the wastewater treatment plant for another load. All hauling vehicles shall arrive at the wastewater treatment plants completely empty. All hauling vehicles are to be kept clean and neat through regular washing (preferably daily) and painting. The Contractor is required to provide other equipment that may be necessary to provide all services specified herein. All equipment shall be in good condition and be properly maintained to minimize down time and should be appropriate for the application. All equipment shall be maintained so that it can be safely operated and does not present a threat to people, private or public property. It shall be the Contractor's responsibility to keep all of this equipment in good working order. The Wastewater Environmental Technologies Manager and/or his designee reserves the right to turn away from the wastewater treatment plants any hauling vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained or are excessively dirty. 12. PAYMENTS AND PENALTIES Payments: The Contractor shall provide duplicate receipts (2) for every truckload of residuals hauled from the wastewater treatment facilities. The receipt shall include weight of biosolids and truck tare weight. Each truckload shall have a designated hauling receipt number. These receipts shall be left with the Wastewater Environmental Technologies Manager and/or his designee on the same day that the residuals are removed. These receipts shall include company name, date, and time of arrival, time of departure, trailer tag number, disposal site, ground water depth, and volume in gallons, driver's signature and Owner's personnel signature and any other information required by any applicable regulatory agency. The Contractor shall submit an invoice to the City of Clearwater for payment upon their schedule but not more frequently than once every thirty day period. Included with the invoice shall be Biosolids Application Site Log (FDEP Form 62-640.210(2)(e) for each WRF which must include and summarize each load ticket number including which site residuals were applied, and total summary of wet tons and dry tons sent to each site and other information requested in the form. Such form shall be signed and dated by an authorized representative of the company. No invoice for payment shall be submitted without the completed residuals record keeping form. City reserves right to withhold payment if residuals record keeping form is not provided with invoice. On an annual basis, but no later than January 15th of each year, the Contractor shall submit a completed Florida Department of Environmental Protection Standard Domestic Wastewater Forms: Treatment Facility Biosolids Annual Summary (DEP Form 62-640.210(2)(b)) and Biosolids Application Site Annual Summary (DEP Form 62-640.210(2)(d)) along with copies of any revisions made to the site Nutrient Management Plan (62-640.650(5)(d), F.A.C) and cumulative loadings of inetals and any and all other documents required by any applicable regulatory agency. Item # 19 18 Attachment number 2 \nPage 1 Payments will be based upon the residuals hauling volume calculated by the Wastewater Environmental Technologies Manager and not necessarily that, which is invoiced. Differences between invoiced and calculated volumes must be reconciled between the Contractor and the Wastewater Environmental Technologies Manager before payment on the disputed volume is authorized. The Contractor may observe Owner calculation methods and may have drivers witness measurements used in calculations. 1. Penalties: The estimated quantity of residuals to be removed per week (over the six day period from Monday through Saturday) from the Marshall Street and Northeast WRFs is Three Hundred Fifty (350) wet tons. The estimated quantity of liquid residuals to be hauled from the East WRF to the Northeast WRF is Sixty Five Thousand (65,000) gallons per week (over the six day period from Monday through Saturday). The Wastewater Environmental Technologies Manager and/or his designee will inform the Contractor of the quantities to be hauled as the amounts may be more or less than the weekly estimates listed above. If the Contractor does not remove the quantity scheduled by the Wastewater Environmental Technologies Manager or his designee, the Contractor has up to 48 hours to make up the lost quantity while still keeping up with the regularly scheduled quantity. If the Contractar does not make up the lost quantity within 48 hours, the Contractar shall have the obligation to haul such quantity without receiving payment thereof. Failure to haul the quantity, as set forth herein shall be deemed to be a material breach of this Contract. 13. QUALITY STANDARDS Labor, materials and equipment shall be of good quality and be able to perform the project work. Competent operators with appropriate Commercial Driver Licenses shall be provided for the operation of all Contractor equipment. 14. MANIFESTS AND TRUCK TRACKING The Contractor shall provide a numbered ticketing system that will effectively identify the following: the date, the time the load is removed, gallons or wet ton weight, the driver, trailer number, City Staff signature, site name, site ID No., and any other information necessary to track the removal of bio-solids from the City's facilities. This ticketing system shall be multi-copy so each of the parties may receive a copy of each load. The Marshall Street and Northeast plants have scales and are able to provide a net weight ticket for each load of pressed cake removed. The scales are certified annually by the Florida Department of Agriculture. Item # 19 19 Attachment number 2 \nPage 2� 15. REPORTING The Contractor will furnish to the City quarterly facility and field operations reports. These reports shall summarize the past quarter and be provided to the City no later than the end of the month following the quarter (Jan-Mar is due by April 30). The City of Clearwater will provide the Contractor biosolids analysis data for the cake produced at the Marshall Street and Northeast facilities six (6) times yearly (every other month). In addition the Contractor shall supply the City with all reports and forms required by FDEP as stated in Chapter 62-640, F.A.C. and as stated in the document. Contractor shall also provide City with all necessary forms, reports and documentation necessary to assist the City in the preparation of its Annual Bio-Solids Report (503 Report). Contractor shall also provide any and all reports and/or data required by any applicable Federal, State, andlor Local regulatory agency rule andlor regulation. Item # 19 20 Attachment number 2 \nPage 2 PART C. SUPPLEMENTAL GENERAL CONDITIONS 1. APPROPRIATION CLAUSE The City, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accardance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 2. PROTEST PROCEDURES - RIGHT TO PROTEST Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of their complaints by contacting the Purchasing Manager. 3. NO CORRECTIONS CLAUSE Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. 4. OPENNESS OF PROCUREMENT CLAUSE Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, 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 any proposal submitted. 4. NO COLLUSION CLAUSE By offering a submission of an RFP, the proposer certifies that they have not divulged to, discussed or compared his/her competitive proposal with any other proposers and has not colluded with any other proposers or party whatsoever. 6. INFORMALITY/REJECTION CLAUSE The City reserves the right to reject any or all responses and to wave any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY It is the desire of the City of Clearwater to provide Minority/Women-Owned, Small and Emerging Business Enterprises, and all other business enterprises an equal opportunity to Item # 19 21 Attachment number 2 \nPage 2 participate in the performance of all contracts, subcontracts, and other City of Clearwater business activities. The City of Clearwater is an equal opportunity employer. 8. CONFLICT OF INTEREST Proposers warrant and covenant that no official or employee of the City of Clearwater, nor any business entity in which an official of the City of Clearwater has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City of Clearwater. Proposers will notify the City of Clearwater of any potential conflict of interest regarding other work or third party contracts. Item # 19 22 Attachment number 2 \nPage 2 ATTACHMENT A Bidder's Proposal Form (Bidder's Please Attach Completed Bidder's Proposal Form After This Page) Item # 19 23 Attachment number 2 \nPage 2� ATTACHMENT B Insurance Certificate Item # 19 24 Attachment number 2 \nPage 2 ATTACHMENT C Bonding Certificate Item # 19 25 Attachment number 2 \nPage 2� ATTACHMENT D Reference List Item # 19 26 Attachment number 2 \nPage 2 ATTACHMENT E FDEP Required Forms • Treatment Facility Biosolids Plan, Form 62-640.210(2)(a) • Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b) • Biosolids Application Site Annual Summary, Form 62-640.210(2)(c) • Biosolids Site Permit Application, Form 62-640.210(2)(d) • Biosolids Application Site Log, Form 62-640.210(2)(e) For bidders that have not completed permitting their sites under the new rule, F.A.C. Chapter 62-640, effective date August 29, 2010 (and any and all subsequent revisions), then submission of two (2) copies of existing active FDEP Approved Agricultural Use Plans for all sites proposed to be utilized under this contract is required. Item # 19 27 Attachment number 3 \nPage 1 BIDDER'S PROPOSAL PROJECT: HAULING AND DISPOSAL OF BIOSOLIDS A. BASE BID ITEMS ITEM NO. DESCRIPTION EST. UNIT UNIT QTY. UNIT PRICE TOTAL 1. STABILIZED (Class B) BIOSOLIDS (DEWATERED CAKE) TO LAND APPLICATION 2. UNSTABILIZED LIQUID SLUDGE (Approx. 5% Total Solids) EAST WRF TO NE WRF BIDDER'S WEEKLY SUB-TOTAL WET TONS (PER WEEK) GALLONS (PER WEEK) 350 $_ 65,000 $ (Numbers) BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 156 WEEKS) = BASE BID $ (Numbers) BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 156 WEEKS) = BASE BID /wet ton $ /gallon $ $ (Words) CONTRACTOR: Item # 19 Attachment number 3 \nPage 2 B. ALTERNATE BID ITEMS ITEM NO. DESCRIPTION EST. UNIT UNIT QTY. UNIT PRICE ALTERNATES: 1. CLASS B BIOSOLIDS REQUIRING INCORPORATION WET TONS (PER WEEK) 2. UNSTABILIZED SLUDGE WET TONS (DEWATERED CAKE) (PER WEEK) TO RMF 3. UNSTABILIZED SLUDGE WETTONS (DEWATERED CAKE) (PER WEEK) TO LANDFILL 4. UNSTABILIZED LIQUID GALLONS SLUDGE (PER WEEK) (Approx. 5% Total Solids) MARSHALL ST. WRF to NE WRF (Additional Storage Truck Method) 5. UNSTABLIZED LIQUID GALLONS SLUDGE (PER WEEK) (Approx. 5% Total Solids) EAST WRF TO MARSHALL ST. WRF 350 350 350 60,000 65,000 $ /wet ton $ /wet ton $ /wet ton $ /gallon $ /gallon THE BIDDER'S TOTAL FROM ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THER IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Item # 19 CITY OF CLEARWATER, FLORIDA REQUEST FOR PROPOSAL (RFP #09-12) I �' BIOSOLIDS SERVICES ADDENDUM NUMBER 1— FEBRUARY 14, 2012 OPEN February 23, 2012 AT 4:00 PM TO BE DELIVERED City of Clearwater Purchasing Manager Municipal Services Building 100 So. Myrtle Avenue (3rd) Floor Clearwater, FL 33756 Or mailed to Purchasing Manager George McKibben PO Box 4748 Clearwater, FL 33758-4748 Attachment number 4 \nPage 1 Item # 19 Attachment number 4 \nPage 2 PART A. GENERAL INFORMATION 1. Intent It is the intent of this Addendum Number 1 to the Request for Proposal is to correct errors in the ariginal document and to answer questions submitted by potential bidders after review of the original document. Bidders will submit this Addendum, fully executed, with their Proposal. Failure to submit a fully executed Addendum Number 1 may result in the bidder being disqualified. 2. Corrections and Changes A. Section 3, Part A, Performance Bond, is hereby changed to read: "The successful proposer must supply a performance bond in the amount of ten percent (10%) of the value of the first 12 month portion of the award (52 weeks portion of base bid) prior to the City of Clearwater's executing the contract or issuing a purchase arder. The bond shall remain in effect throughout the iirst year of the work plus during any and all subsequent eXtensions granted to the bidder." This change represents a reduction of 104 weeks of the base bid value included in the 10°/o Performance Bond requirement. B. Subsection B, Section 1, Part B, which now reads "The City is interested in other sludge disposal options as shown in the following alternate items. Bidder is not required to submit the alternate bid prices, but inclusion will facilitate selection and award of contract." Is hereby changed to read: "The City is interested in other sludge disposal options as shown in the following alternate items. Bidder is required to submit the alternate bid prices which will be utilized when evaluating the capabilities of potential bidders during the evaluation of award of contract." 3. Responses to Potential Bidder Questions A. Question: Who is the current hauler? Answer: H&H Liquid Sludge Disposal, Inc. B. Question: Where is the current hauler disposing of the biosolids? Answer: Currently, the following six sites are identified in our WRF FDEP Permits: SR Ranch Fox Branch Cattle Company Circle Cross Ranch Southerland Ranch B-Bar-J Ranch Chris Walker Ranch Item # 19 2 Attachment number 4 \nPage 3 C. Question: Is there any fuel sur-charge? Answer: No, a fuel surcharge is not allowed under the current or any future contracts for biosolids services — see the RFP for requirements. D. Question: What is the current price? Answer: Stabilized (Class B) Biosolids Cake to Land Application: $23.90/Wet Ton Liquid Sludge East to NE WRF: $0.03/Gallon Unstabilized Sludge Cake to Landfill: $53.90 Class B Biosolids Cake Requiring Incorporation: $23.90/Wet Ton Liquid Sludge Marshall Street to NE WRF: $0.039/Gallon E. Question: What was the original Price? Answer: The prices show above are the same as when bid; no increases over the period. F. Question: The alternate bids #l,#2 and #3 all ask for pricing to different disposal or reuse alternatives. Will the contractor have the option to haul to an RMF in lieu of hauling to the fields for incorporation or hauling to the landfill for disposal? Answer: The City MAY consider this disposal method should the need for the service arise. Any bidder wishing to provide a price for disposal at a Biosolids Treatment Facility MUST provide a price for the alternate service as requested on the bid form as their primary alternate service bid. They may then provide a separate price for disposal to a Biosolids Treatment Facility that MAY be accepted by the City, at its sole discretion, if and when the service is ever required. This separate bid MUST be provided on a separate page appended to the Bid Form and prepared by the bidder. The separate bid must clearly state the lump sum unit bid price (to include ALL costs associated with disposal by this means) and the BTF name, and the bidder must provide a copy of the FDEP Permit for the BTF facility with their bid form. 4. Bidder Acknowledgement of Receipt of Addendum Number 1 I (we) (bidder name) hereby acknowledge that we received Addendum Number 1 on (date) and that I(we) have utilized the information herein when developing our Proposal and the prices provided therein. Signed: Date: Item # 19 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Approve an increase and a one-year extension to an existing three-year contract (BR504735) to Polydyne Inc., of Ricebaro, GA, increasing the contract by $197,300.00, far a new total value of $1,200,556.48 for the Polymer Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Polymer is used at the City's three Water Reclamation Facilities (WRF) to thicken biosolids and reduce the ainount of water in the final cake; thereby, reducing the cost required to haul and dispose of the biosolids. Additional funds are requested to be added to purchase order BR504735 at this time. The Water Reclamation Facilities are in the process of conversion from Belt Presses to Centrifuges within in the next 12 months. This change in technology will require a re— evaluation of the type and quantity of polymer used by the new centrifuges when the new units are being readied to be placed into operation. Until that re—evaluation is completed, r is impractical to prepare specifications far and bid for a new contract. Polydyne has agreed to hold their price the same ($1.04/lb) far another year. The City advertised the Request for Proposal (RFP 12-08) and required that the potential polymer suppiers perform trial runs with their proposed products when the original contract was executed. The submitted price far the product and dewatering effectiveness on Clearwater biosolids (as per trial results) combine to make Polydyne the most cost effective provider. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-5�000-535-000-0000, WPC Operations, to fund $32,241.91 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year 2012/2013 in the amount of $165,053.09. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost Not to Exceed: For Fiscal Year: Appropriation Code 0421-01351-551000-535-000- 0000 $32,241.9 ] FY 2012 to FY 2013 Amount $32.241.91 0421-0135]-551000-535-000— $165,053.09 0000 Review Approval: Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment FY 11/12 FY 12/13 None $197,300.00 Cover Memo Item # 20 Attachment number 1 \nPage 1 POIYDYNE January 26, 2012 Flo Reichert City of Clearwater 1605 Harbor Dr. Clearwater, FL 33755 Re: Polymer/Wastewater Chemicals Dear Ms. Reichert, SNF Polydyne inc. will agree to extend the Polymer contract for an additional year with the City of Clearwater. SNF Polydyne inc. will hold the current price of $1.041b delivered, all other terms and conditions will remain the same. If you have any additional questions please contact me at 352-409-3938. Best regards, �a�� ealmo�e Larry Fenimore Senior Sales Representative PO Box 279 • Riceboro, GA 31323 USA • Tel 800-848-7659 • Fax 912-880-2078 • www.polydyneinc.com Item # 20 Rolyrrasr Fiefd Trlai Results l��f � �) FD��JN�S 7hickene[ F95 Poi d na �Ciha Pc�lymer Brand �1.2�2 �E 4197 �tag �846F5 Percent acfive °In d6 �p q.0 Feed 5o.lids 96 Q.B� t1,62 p.g8 pRm $,2Q0 9,2Q0 S,.8Q4 ThiCkel7�C! Solitls % 7.27 5.�7 '�.73 �f�ra#e 5:oficis °/, d.09. OA'i9� O.UB �eed Flaw �pm 50 5.0 5t1 Dp�ratian time hrs 4 4 4 Tot�l Flvw gal 12,�d0 12,qaA '12;00(3 MGQ aA1�0 D.Oi2I] �.41�Q 7aia1 So.iitls f�s 821 92T 9$1 dt 0:+�'F 0.46 p,A9 tvt 5:64 5.7.0 6.34 Po?YmeC llsed [hs ZD.pO 'E�.61] 1T.00 IE71[3t 2�4,3� 27.37 3d.fi� Polymer Lln'if Cost Sllh 1.13 D:98 1_04 Palymer Costldry ton �ldt �8 27 36 B�lt pcess F85 Pvi d ne Ciba Pvfymer 8rand CB�� 5E 1197 Ziag 884SFS Per�ent a�tiVe °� 4�` 4E3 4� �eed 5arids °i6 1.80 1.92 1.�5 pPrtt 9$:{IQ4 '�9,2� 17.9bf1 Cake snlids %0 2�'i.00 2f.U2 16.5& Filtr�te S�li[!s °/e 0.12 b.09 t1.15 Feed Rv,w gprn ?L0. 4.p 4Q O.peration tirne. hrs. � 4 � Total Ftow gal 9,6Ufl 8.;60i] 9.6tl(] MGd fl.60'95 O.A�96 D.Of)9fi Total:5atids Ibs 1,A41 1,53�` 1,q33 dt 0.72 0.77 0.72 Pb�ymer E1sed It�s 34.A0 4�:4a 31.5U l�ldt 47'.7$ 61 �67 43.9$ Po:lytner lJnit Cost $I!b 'f:11 fl.98 1,Q4 �olymer Costldry fvn $ldt 52 60 4$ C f I e 8ased C rr�nt'Siud e Pradu " n Current Salid Prociu�tion dt�yr 1,0'�3 1,073 1,O.i3. Annual P❑.lymer ea.g� ��yr 56,99� 64,846. 49,054 52udge dispasal cost $Iwt 38.8 38.8 38:. Sfudge disposal wtlyr 5,3fi5 5,1p5 6,479 Cvst fvr dispasal �lyr 208,15.7 798,D57 25.1,3:98 T63a1 sludge cast 51yr 2G4.3.5A� �62,9�3 340,A52 O N � � N � ��nrFs a�a cn��kr,sr E�M�lNDS Na: NOT.SPECIFlEI� 0 N � � N � ,1onrFs EDMU11�D5 Bid �iialuatian City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/5/2012 Approve an increase and one year extension to existing contract with Water Specialists Technologies LLC, of Sanford, FL in the amount of $155,700.00 (BPO BR503870) for a new contract total of $1,005,483.49 for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). TR�O is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surFace waters. The FDEP permitted effluent limit is 3.7 parts per billion and this product effectively reduces effluent copper to maintain permit compliance. This is a proprietary product. When the contract was originally bid, an extensive study was undertaken to select the product best capable of allowing the City's facilities to meet FDEP permit requirements. In 2007, when this product was competitively bid, Water Specialists Technologies LLC was the lowest bidder. They have agreed to extend the contract by one year at the same price and terms. Given that the cost of manufacture and transport of chemicals has increased since 2007, staff believes this is a good value for the City. This product has been shown to allow the City to maintain permit compliance since 2006. Given that the Marshall Street facility is currently under a Consent Order with the FDEP, staff believes that it is not prudent to attempt to switch to a different product at this time. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-55000-535-000- 0000, WPC Operations, to fund $44,043.84 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $111,656.16. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0421-013 51-5 51000-5 3 5-000- 0000 $44,043.84 FY 2012 to FY 2013 Amount $44,043.84 0421-01351-551000-535-000— $111,656.16 0000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment FY 2012 FY 2013 None $155,700.00 Cover Memo Item # 21 Review Approval: Attachment number 1 \nPage 1 Water (� Specialists Technologies 1515 Kastner Place Sanford, FL 32771 USA Phone: 321-7910 Fax: 407-321-3098 DATE: January 27, 2012 TO: Flo Reichert SUBJ: TR-50 Precipitant Water Specialists Technologies LLC is pleased to extend the current discounted pricing of $0.55/Ib. FOB our facility in Sanford, FL for totes of our TR-50 Precipitant to Clearwater for the period from May 1, 2012 to April 30, 2013. Please let me know if you have any questions or if more information is required. Pam McKenzie Business Manager Item # 21 � o m � �' � � =f �� °0 m a� y � � W � C � 7p �� -i � m � � []� O p v (�D � N � �� [�D�N� �:�m Oj N�C�O � mz��a � Ct7 t� 0 V �1 Pu N � °m a r � � � � m � � m N � �3 M N �} ��y� v �av� c�'i �mp� � Zf17�� O � � � � 70 v� �n � o C � � � G � � a � H'7 � [1J d � z z� � � „a �' o�? ° � �� w v � �v r�- � �' 0 o � �� q ri �� z � �.. � � o� a � � � � � �' n � � R ,. � � � � � W � � �� G � � �r� �' o �] o y, � ,� „ o� � x � �� y n� � �� „ oa � �r o. � w � 7�[7 � � m � G�7 � a n � � Wmm� vva� ❑w Wrnb� � � V ('� �o r �m � m a a a � � :O0 N O 0 V s 0 v a � G] � a� m -� �n� o= op� �m �o� O � ?� Q � N n � � m C -n o n Q rn � � m � a � � � � � �. �. n � � ° ��p m o � m o n �-Zj-� � �3 ° � � fTi7 � �� . s. �� m � � �-�� a� � � � � � r x � � a � oy n v y � o ..{ �• City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Meeting Date:4/5/2012 Approve the City of Clearwater's State Housing Initiatives Partnership Program (SHIP) Local Housing Assistance Plan covering State Fiscal Years 2012-2015, adopt Resolution 12-08 and authorize the appropriate officials to execute same. SUMMARY: Florida statute 420.9079 requires counties and cities receiving State Housing Initiatives Partnership (SHIP) Program funds to develop a 3-year Local Housing AssistancePlan (LHAP) outlining strategies for how the funds will be utilized. The City receives its allocation from the State of Florida through Florida Housing Finance Corporation (FHFC). For fiscal year 2011-2012, the City received $96,983 inSHIP funds. The City expects to receive $100,000 in program income. The City expends SHIP funds per the strategies outlined in the LHAP. Our current LHAP covers state fiscal years 2009-2012. This new LHAP will cover state fiscal years 2012-2015. The strategies outlined in the new LHAP are a continuation of our current LHAP. All changes made within the 2012 2015 LHAP will be retroactive to the 2009-2012 LHAPto be able to use prior year funds if available. The strategies Include: Down Payment and Closing Costs Assistance for Newly Constructed Homes: The City will use SHIP funds to provide down payment and closing cost assistance to eligible homebuyers purchasing newly constructed homes. Down Payment and Closing Costs Assistance With or Without Rehabilitation: The City will use SHIP funds to provide down payment and closing costs assistance to eligible homebuyers purchasing existing homes. Owner-occupied Rehabilitation The City will provide funds for the rehabilitation of owner-occupied single-family residences. Multi-Family Housing The City will provide SHIP loans to support the acquisition, rehabilitation and new construction of rental housing. Disaster Mitigation: In the case of natural or man-made disasters, th's strategy will utilize SHIP funding for emergency or interim repairs. Resolution 12-08 outlines that since the City is r�eiving less than the minimum allocation ($350,000) from the State, the City is electing not to form an Affordable Housing Advisory Committee to conduct a triennial review of established policies and procedures, ordinances, land development regulations, etc. according to s. 420.9076. In addition, the City finds that it needs 10% of SHIP to administer the program and will use the maximum sales prices established by the US Treasury. Per Florida Statutes, the City Council is being asked to adopt the LHAP for State fiscal years 2012-2015 by resolution. The LHAP is due to the Florida Housing Finance Corporation on May 2, 2012. Review Approval: Cover Memo Item # 22 Attachment number 1 \nPage 1 RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN COVERING STATE FISCAL YEARS 2012-2015; AMENDING STATE FISCAL YEARS 2009-2012 FOR CONSISTENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS ,the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Law, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss.420.907-9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one to three year Local Housing Assistance Plan outlining how funds will be used, and WHEREAS, according to Florida Statues, the City has elected not to conduct the triennial review and the appointment of the Affordable Housing Advisory Committee because the city has received funds below the minimum allocation. In the event the City receives full funding from the SHIP Program, the city will perForm the required duties in accordance with Florida Statutes 420.9076; and WHEREAS, the City wishes to make any and all changes within the 2012-2015 Local Housing Assistance Plan retroactive to the 2009-2012 Local Housing Assistance Plan for administrative consistency; and WHEREAS, Section 420.9075(7), Florida Statutes, provides that the City may use five percent (5%) of its annual SHIP allocation for administrative expenses. Florida Statutes also provides that if the City Council makes a finding, by resolution, that five percent (5%) is not sufficient to cover the administrative costs, the City may take up to ten percent (10%) of its annual allocation for administration plus five percent (5%) of program income; and WHEREAS, the City of Clearwater finds that five percent (5%) of the SHIP funds are insufficient to adequately pay the necessary costs of administering the City's SHIP program. The City of Clearwater finds it necessary to increase up to but not to exceed ten percent (10%) of local housing distributions deposited in the trust fund to cover administrative costs; and Item # 22 Resolution No. 12-08 Attachment number 1 \nPage 2 WHEREAS, the maximum sales prices and values for new and existing homes associated with the LOCAL HOUSING ASSISTANCE PLAN covering Fiscal Years 2012-2015, shall be those as utilized by the U.S. Treasury, as amended and updated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby approves the Local Housing Assistance Plan, as attached hereto and incorporated herein (Exhibit "A") for submission to the Florida Housing Finance Corporation as required by ss. 420.907- 420.9079, Florida Statutes, for state fiscal years 2012-13, 2013-14 and 2014-15. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2012. George Cretekos Mayor Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Item # 22 2 Resolution No. 12-08 NAME OF LOCAL GOVERNMENT � 0 � � C7 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2012-2015 Attachment number 2 \nPage 1 Item # 22 Table of Contents Title Section I. Program Description: Section II. Strategies: A: Down Payment Assistance for Newly Constructed Homes B: Down Payment Assistance/Existing Homes C: Rehabilitation D. Multi-Family Housing E. Disaster Mitigation Strategy Section III. LHAP Incentive Strategies: A: Expedited Permitting B: Ongoing Review Process C: Affordable Housing Incentives Attachment number 2 \nPage 2 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 Pa� Section IV. Exhibits: Exhibit A: Administrative Budget for each fiscal year covered in the Plan Exhibit B: Deadlines for Encumbrances and Expenditures Exhibit C: Housing Delivery Goals Charts (HDGC) for each fiscal year covered in the Plan Exhibit D: Certification Page Exhibit E: Adopting Resolution Exhibit F: Information Sheet 3 7 7 9 I1 13 14 16 16 16 21 22 24 27 28 30 _2_ Item#22 Attachment number 2 \nPage 3 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 SECTION I. PROGRAM DESCRIPTION: A. Name of the participating local government and Interlocal if Applicable: CITY OF CLEARWATER Interlocal : Yes No X Name of participating local government(s) in the Interlocal Agreement; I► • : A Copy of the Interlocal Agreement is attached as Exhibit H. N/A B. Purpose of the program: Creation of the Plan is for the purpose of ineeting the housing needs of the very-low, low and moderate-income households, to expand production of and preserve affardable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2012-2013 2013-2014 2014-2015 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37 Florida Administrative Code. The SHIP Program does further the housing element of the local government Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and communiry groups. The City of Clearwater continues to build partnerships through ]ocal housing providers and individuals that are involved in the development of affordable housing or resources related to affordable housing. Some of our key partners include: nonprofits, for-profit housing developers, lenders, realtors, builders/contractors, professional services providers and other government agencies. F. Leveraging: The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. _3_ Item#22 Attachment number 2 \nPage 4 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers and local lenders and the City's Neighborhood Affordable Advisory Board. Additional public input was solicited through the St. Petersburg Times Notice of Funding Availability. H. Advertising and Outreach The City of Clearwater shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination: In accordance with the provisions of ss.76020-760.37, the City of Clearwater finds it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Support services are available from various sources, for example, not-for profit agencies working as partners with the City. Available support services may include but are not lunited to: Homebuyers Education Through Tampa Bay Community Development Corporation, Clearwater Neighborhood Housing Services and Community Service Foundation the homebuyer education and counseling programs are provided to homebuyers who purchase properties within the city limits of Clearwater. The goal of the education and counseling is to educate potential buyers regarding all aspects of the home buying process in an effort to increase the rate of successful homeownership. Fair Housing Gulfcoast Legal Services housing preservation project seeks to provides legal assistance for low to moderate-income residents of Clearwater who are victims of predatory lending practices, fareclosure rescue scams, persons experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaint regarding violations of Fair Housing Laws. Pregnancy Counseling Kimberly Home provides housing, education, case counseling, life skills training and other supportive services for pregnant youth. Elderly Services Pinellas Opportunity Council, Inc. promotes better livable opportunities by providing services to the elderly and frail elderly. The Chore Services program help to alleviate blight and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. Health Care Willa Carson Health Care Center provides accessible, quality, culturally-sensitive health care to the uninsured and underserved at no cost. _4_ Item#22 Attachment number 2 \nPage 5 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 Mental Health Directions for Mental Health, Inc. offers a wide array of services including outpatient therapy and substance abuse treatment to adults, children and families with an identified mental health disability, resource coordination for those who have a diagnosed mental health disability, and other related services. Directions for Mental Health assists two thousand (2,000) individuals and families annually. K. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: Inde endent Stud co attached X U.S. Treasu De artment Local HFA Nuinbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts. L. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents ar mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Welfare Transition Program: Should an eligible sponsor be used, the city/county has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing, the staff or entity that has ac1�ninistrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a inunicipality, county or local housing financing authority may rely on such monitorin� and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. _5_ Item#22 Attachment number 2 \nPage 6 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: A detailed lisiing including line-iiem budgei of proposed Administrative Expendiiures are attached as Exhibit A. These are presented on an annual basis for each Siate fiscal year submitted. CITY OF CLEARWATER finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and impleinent the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body fnds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defned in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to l 0 percent of program income for administrative costs." The City of Clearwater has adopted the above findings in the attached resolution, Exhibit E. P. PROGRAM ADMINISTRATION: Administration of the local housing assistance plan is the responsibility of the Economic Development & Housing Department of the City of Clearwater. Should a third party entity or consultant contract for all or part of the administrative or other functions of the program provide in detail the duties, qualification and selection criteria. Q. Essential Service Personnel: Counties and eligible municipalities are required to include a definition of Essential Services Personnel as noted in Rule Chapter 67-37.002(8) F.A.C., Chapter 67-37.005(10), F.A.C. and Section 420.9075(3), F.S. Essential Service Personnel means persons whose household do not income exceeds 120% of AMI, as updated annually from the Department of Housing and Urban Development and distributed annually by the Florida Housing Finance Corporation and adjusted for family size, including: teachers and educators; other school district and university employees, police and fre personnel; health care personnel; construction industry personnel; Federal, State, County, and local government personnel, information technology industry personnel; food service personnel; service personnel; retail workers, tourism industry personnel; the occupation in demand with the most employees, the occupations in demand gaining the most new jobs according to the Agency of Workforce Innovation (AWI); and personnel in other industries deemed essential by the City of Clearwater based on the local economy. R. Section 420.9075(3)(d), F.S.: _6_ Item#22 Attachment number 2 \nPage 7 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 Requires counties and eligible municipalities to describe initiatives in their local housing assistance plans that encourage or require innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to utilities or insurance. Provide a brief description as required: The City of Clearwater promotes the use of green housing construction and green print rehabilitation techniques. Below are excerpts from the City's comprehensive plan: C.110 Objective — Recognizing that sustaining building techniques contribute to lceeping housing units affordable over the long term by reducing energy consumption, lowering urility bills and decreasing maintenance costs, the City of Clearwater will promote the use of green housing construction and renovation and rehabilitation techniques. Policies: C.110.1 Encourage affardable housing projects that are constructed consistent with US Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) principles ar Florida Green Building Coalition's (FGBC) Green Land Development and Building Standards. C.1.10.2 Encourage construction of efficient and lasting homes by developing Green Building standards, using resources such as those available through Global Green USA. C.1.10.3 Provide "green building information" to local area housing providers. C.1.10.4 Work with the local chapter of the USGBC to provide information regarding LEED renovation techniques at Neighborhood Week and other outreach events. C.1.10.5 Develop protoiypical xeriscape plans that can be provided to local area housing non-profits and neighborhood associations. Community Sustainability Plan Clearwater Greenprint is a community sustainability plan that ideniifies a series of tangible actions across eight topic areas that have the potential io reduce energy consuinpiion, pollution and greenhouse gas (GHG) emissions while stimulating the local economy and improving the quality of life. The topic areas include education and awareness, green energy and buildings, transportation, land use and urban form, water resources, waste management, food production, and green business and jobs. Through creating and implementing Clearwater Greenprint, the City of Clearwater government is leading a community-wide effort to understand the challenges of today with a view toward creating a sustainable future. The strategies included in Clearwater Greenprint provide a framework for government, resident and business actions in the short, medium and long term In addition the City's comprehensive plan, the department applies green principles in all new construction and rehabilitation projects. The City's specifications for new and existing homes are tailored to meet green standards. Whenever repairs are necessary and performed on a house, green initiatives will be used to include but not be limited to, low E windows, insulation is minimum R30, exterior doors are insulated, all windows and doors seals are in place, hot water heater is in good condition and operating properly and attic has proper ventilation to better control temperatures. Section II. LHAP HOUSING STRATEGIES: _�_ Item#22 Attachment number 2 \nPage 8 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 A. Name of Strategy: DOWN PAYMENT & CLOSING COSTS ASSISTANCE FOR NEWLY CONSTRUCTED HOMES. a. Summary of the Strategy: The City of Clearwater through eligible developer and sub-recipienis will use SHIP funds for the development of new housing units. The costs may include acquisition, site improvements, building costs and down payment and closing cost assistance to eligible very-low to moderate-income homebuyers. The City may use SHIP funds as a match for the HOME program to loan funds to eligible developers for the construction of new housing units, and in some cases, acquisition of vacant properties and infrastructure costs for new housing development. Assistance will be repaid when the unit is sold to an eligible buyer. The City may also provide funding for assistance to homebuyers for down payment and/or closing costs, included, but not limited to, prepaid items such as prepaid interest, hazard and flood insurance. Interest rate buy-downs wi11 also be an eligible activity under this strategy. b. Fiscal Years Covered: 2012-2013, 2013-2014, 2014-2015 c. Income Categories to be served: The strategy will serve all eligible homebuyers with incomes at ar below 120% of the area median income, adjusted for family size as published annually by the United States Department of Housing and Urban Development (HUD) and distributed by Florida Housing Finance Corporation. d. Maximum award is noted on the Housing Delivery Goals Charts: See Exhibit C: Housing Delivery Goal Charts for the maximum awards for FY 2012-2013, 2013-2014 and 2014-2015. The maximum award is not automatically provided. It is not the intent of the City to over subsidize a household, where in the absence of subsidy, a household would be able to afford the level of debt associated with the home that ihey are seeking to obtain, based on normal underwriting practices. e. Terms, Recapture and Default: Deferred payment and low-interest second or third mortgages will be available to eligible homebuyers for down payment and closing costs assistance with the following stipulations: • The assistance would be deferred for five years with monthly payments commencing on the beginning of sixth year and amortized over twenty-iive (25) years. • City's loan term is not to exceed thirty (30) years • Loans will be secured by a mortgage and note with the executed documents recorded in the public records of Pinellas County until satisfied • Repayment of the entire principal balance of the loan is due and payable: _g_ Item#22 Attachment number 2 \nPage 9 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 -Upon sale or transfer of title -Property is vacated and no longer the primary residence of the borrower -Property is converted into rental unit -Any refinancing with cash out or debt consolidation The City has determined the following terms and provisions for program income versus recaptured funds: • Program Income is a source of SHIP revenue received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, death of recipient, sale or transfer of title, property is no longer the client's primary residence and property is not maintained to housing standards. • Recaptured funds is a source of SHIP revenue, received when a SHIP recipient loses his or her house to foreclosure/tax deed sales or the City repays funds that assisted an ineligible client. All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. f. Recipient Selection Criteria: Assistance is provided on a first-come, first-served basis. All recipients will be income eligible and will be selected using the housing pool underwriting guidelines, policies and procedures. To qualify for assistance, the eligible program participant must meet the City's definition of a first time homebuyer: • A first time homebuyer is an applicant who has not owned a home in the last three (3) years, except in the case of a person who has experienced some form of hardship. Examples are health, medical and change in fa�nily status 1. The property is located within the city limits of Clearwater. 2. The applicant must have completed a Homebuyers Education class approved by the City. The homebuyer must submit proof of completion of the class. 3. The purchased property must meet all applicable building codes and a"Certifcate of Occupancy" is issued prior to occupancy. g. Sponsor Selection Criteria All program sponsors ar sub-recipients will be selected using the City's Consolidated Action Plan Application. Eligible sub-recipients or sponsors that provide assistance under this program will be required to contractually commit and comply with all SHIP program requirements. Criteria include: • The not-for-profit corporation must have received a tax-exempt ruling from the Internal Revenue Service (IRS) under section 501 c(3) of the Internal Revenue Code. • The for-profit corporation must be organized and established under the laws of the State of Florida. • The not-for-profit or for-profit corporation must have financial accountability standards that permit the Economic Development & Housing Department to verify organizational capacity for project implementation. h. AdditionalInformation Other state, federal, county, private and homeowners contributions may be leveraged with SHIP funds. _9_ Item#22 Attachment number 2\nPage 1 � Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 B. Name of Strategv: DOWN PAYMENT & CLOSING COSTS ASSISTANCE FOR EXISTING HOMES WITH OR WITHOUT REHABILIATION a. Summary of the Strategy: The City of Clearwater through its housing programs and through its sub-recipients will use SHIP funds to provide down payment and closing costs assistance (including prepaid items) to eligible low and very low-income homebuyers. b. Fiscal Years Covered: 2012-2013, 2013-2014, 2014-2015 c. Income Categories to be served: This strategy will serve all eligible homebuyers with incomes at or below 120% of the area median income, adjusted for family size as published annually by United States Depart�nent of Housing and Urban Development (HUD) and distributed by Florida Housing Finance Corporation. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is not automatically provided. It is not the intent of the City to over subsidize a household where in the absence of the subsidy, a household would be able to afford the level of debt associated with the home that they are seeking to obtain, based on normal underwriting practices. e. Terms, Recapture and Default. Include terms of recapture in the event of default (failure to make required payments on a loan secured by first mortgage which leads to foreclosure and/or loss of property ownership). Deferred payment and low-interest second or third mortgages will be available to eligible homebuyers for down payment and closing costs assistance with the following stipulations: • The assistance would be deferred for fve years with monthly payments commencing on the beginning of the sixth and amortized over fifteen (I S) years. • City's loan term is not to exceed 30 years • Loans will be secured by a mortgage and note with the mortgage and note recorded in the public records of Pinellas County, Florida until satisfied. • Repayment of the entire principa] balance of loan is due and payable: -Upon sale or transfer of title -Property is vacated and no longer the primary residence of the borrower -Property is converted into a rental unit -Any reiinancing with cash out ar debt consolidation The City has determined the following terms and provisions for program income versus recaptured funds: � Program Income is a source of SHIP revenue received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of -10- Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 a loan under the condition of refinancing, death of recipient, sale or transfer of title, property is no longer the client's primary residence and property is not maintained to housing standards. � Recaptured funds are a source of SHIP revenue, received when a SHIP recipient loses his ar her house to foreclosure/tax deed sales or the City repays funds that assisted an ineligible client. All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. f. Recipient Selection Criteria: Assistance is provided on a first-come, first-served basis. All recipients will be income eligible and will be selected using the City's Housing Pool underwriting guidelines, policies and procedures. L To qualify for assistance, the eligible program participant must meet the City's definition of a first time homebuyer: • A first time homebuyer is an applicant who has not owned a home in the last three (3) years, except in the case of a person who has experienced some form of hardship. 2. Property must be located within the city limits of Clearwater 3. The applicant must have completed a Homebuyers Education Class approved by the City. 4. The purchased property must meet all applicable building codes. Any deficiencies must be corrected prior to, or as part of, the purchase transaction. g. Sponsor Selection Criteria All program sponsors or sub-recipients will be selected using the City's Consolidated Action Plan Application. Eligible sub-recipients or sponsors that provide assistance under this program will be reguired to contractually commit and comply with all SHIP program requirements. Criteria include: The not-for-profit corporation must have received a tax-exempt ruling from the Internal Revenue Service (IRS) under section 501 c(3) of the Internal Revenue Code. The for-profit corporation must be organized and established under the laws of the State of Florida. The not-for-profit or for profit corparation must have financial accountabiliry standards that permit the Economic Development & Housing Department to verify organizational capacity for project implementation. h. AdditionalInformation: Other state, %deral, county, private and homeowners contributions may be leveraged with SHIP iunds. C. Name of Strategy: OWNER-OCCUPIED REHABILIATION a. Summary of Strategy: The City oi Clearwater will provide funds for the rehabilitation of owner-occupied single-occupied residences locaied within the city limits of Clearwater. The City will award funds for rehabilitation to owner-occupied, income-eligible households on a first-come, first-served preference. Funds for assistance may be used by the hoineowner for housing rehabilitation such as, but not limited to, the following. -11- Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 • Correct housing code deiiciencies • Adapt the residence to meet to meet accessibility needs of a handicapped family member In certain cases, the work may be done as emergency repairs. In those cases where the health, safety and welfare of the household are in jeopardy, they shall receive priority. Such things that are considered "emergency repairs" are: • Structural components that show signs of imminent collapse • Inoperable heating systems during the winter months • Water leaks in walls or foundation • Inoperable toilet or hot water heater • Roof leaks causing electrical hazards, ceiling collapse or structural damage • Inoperable exterior doors and/or windows, preventing emergency egress • Exposed bare wires or other imminent fire hazard • Collapsed or inoperable chimney or flue • Falling ceiling • Lead-based paint • ADA modifications of an immediate nature Funding will also be available to modify elderly or special needs household homes that need renovations to allow them to remain independent in their homes, and prevent them from having to move into an assisted living type arrangeinent. Improvements may include such things as: • Wheel chair ramps • Widening of doorways • Lowering of cabinets • Installation of grab-bars • Visual guiding systems for the hearing impaired a. Fiscal Years Covered: 2012-2013, 2013-2014, 2014-2015 b. Income categories to be served: The strategy will serve all eligible recipients with incomes at or below 120% of area median income, adjusted for family size as published annually by United States Department of Housing and Urban Developinent (HUD) and distributed by Florida Housing Finance Corporation. c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default. Low-interest loan or deferred paymeni first, second or third mortgages will be available to eligible recipients. Deferred payment loans will be offered in the form of zero (0°/o) percent loans to households who are thirry percent (30%) or less of the Area Median Income (AMI). For households above 30% of Area Median Income (AMI), borrowers will be evaluated for their ability to repay the assistance. If a borrower's income is over 30 percent of the HUD's area median income, the borrower will be evaluated to ensure that the housing ratio does not exceed thirty (30) percent. The rehabilitation assistance will be deferred for the length of the construction -12- Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 contract period, not to exceed one hundred & twenty days (120) days and amortized over a twenty (20) year period, with a zero (0%) percent interest. As stipulated in the Ciry's loan documents, if a borrower does not remain as the owner occupant, or if all or any part of the property or interest therein is rented, sold, transferred or leased, the recipient will be required to pay off the loan in accordance with the terms and conditions specified in the mortgage and note. The City has determined the following terms and provisions for program income versus recaptured funds: • Program Income is a source of SHIP revenue, received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, death of recipient, sale or transfer of title, property is no longer the client's primary residence. • Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his or her property to foreclosure or tax deed sale. e. Recipient Selection Criteria: Assisiance will be on a first-come, first-served basis while funds remain available. Should funds not be available at any time, a City-created "Waiting List" will be utilized and eligible clients will be assisted when funds are available. Priority will be placed on correcting deficiencies thai impair the health and safety of the household and for activities occurring in our Target Areas. f. Sponsor Selection Criteria, if applicable: N/A g. Additional Information: None D. Name of Strategy: MULTI-FAMILY HOUSING a. Summary of the Strategy: Funds may be provided as loans to support the acquisition, rehabilitation and or the new construction of multi-family housing, including single-room occupancy, transitional housing, or the housing portion of a mixed-use facility and or mixed income projects. Funds may be used as a match for U.S. Department of Housing and Urban Development's HOME program and various other programs offered by the federal government and the State of Florida to produce and preserve multifamily housing. b. Fiscal Years Covered: 2012-2013, 2013-2014, 2014-2015 c. Income Categories to be served: This strategy will serve all eligible recipients with incomes at or below 120% of area median income, adjusted for family size as identified on the Florida Housing Finance Corporation Income Limits Chart. d. Maximum award is noted on the Housing Delivery Goals Charts: e. Terms, Recaptured and Default Recapture will be in compliance with the SHIP Program requirements to ensure affordability. When HOME funds are used with SHIP, the most restrictive rules and regulations will apply. In accordance with the City's policy, the terms of the City's funding for multi-family acquisition, rehabilitation or new construction developments will vary from project to project, depending on the economics of the -13- Item#22 Attachment number 2 \nPage 1� Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 development. Loans for eligible rental housing constructed, rehabilitated or otherwise assisted under this strategy must be reserved for eligible persons for at least term of the assistance. A restrictive covenant will be recorded to ensure that units remain affardable for the prescribed period of time. The City, eligible sponsor or appointed designee, shall annually monitor and determine tenant eligibility throughout the compliance period. For those developments that Florida Housing Finance provides the same monitoring and determination, the City may rely on such monitoring and determination of tenant eligibility. Eligible sponsors that offer rental housing for sale before the end of the compliance period or that have remaining mortgages funded under this strategy must give a right of refusal to the City or eligible nonprofit organizations for purchase at the current market value for continued occupancy of eligible persons. The City has determined the following terms and provisions for program income versus recaptured funds: • Program Income is a source of SHIP revenue, received from the following sources: bank, interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, death of recipient, sale or transfer of title, property is no longer the client's primary residence, and property that is not maintained to housing standards. • Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his or her house to foreclosure. f. Recipient Selection Criteria: The SHIP assisted units in a rental housing project will be occupied only by households that are eligible as very-low to moderate-income families. Maximum monthly rent limits will be those established annually by HUD. g. Sponsor Selection Criteria: Eligible sponsors will be selected using the City's Consolidated Action Plan Application. Applicants may apply for funding while funds are available. Eligible persons, sub-recipients or sponsors that provide assistance under this program will be required to contractually commit and comply with all SHIP program requirements. Criteria include: • The not for profit corporation must have received a tax-exempt ruling from the Internal Revenue Service (IRS) under section SOlc(3) of the Internal Revenue Code. • The for-profit corporation must be organized and established under the laws of the State of Florida. • The not-for-profit or for-profit corporation must have financial accountability standards that permit the Economic Development & Housing Department to verify organizational capacity %r project implementation. h. Additional Information: N/A E. Name of the Strategv: DISASTER MITIGATION STRATEGY Summary of Strategy: In the case of natural or man-made disasters, priorities will need to be -14- Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 changed to meet emergency conditions. This strategy will only be used if a disaster, or a declaration by the local authorities, State of Florida and/or federal government of a disaster. SHIP funds will be used to leverage available federal, state and insurance funds to provide assistance to eligible households for the purpose of repairing eligible housing. Use of funds would be available for the following activities: • Purchase of emergency supplies to waterproof damaged homes • Interim repairs to avoid further damage, such as tree and debris removal • Payment of insurance deductibles for rehabilitation of homes cover under homeowners' insurance policies b. Fiscal Years Covered: 2012-2013, 2013-2014, 2014-2015 c. Income Categories to be served: This strategy will serve all eligible recipients with incomes at or below 120% of area median income, adjusted for family size as published annually by United States Department of Housing and Urban Development (HUD) and distributed by Florida Housing Finance Corporation. d. Maximum award is noted on the Housing Delivery Goals Charts: e. Terms, Recapture, and Default: Assisiance provided under this strategy will be in the form of a deferred payment or low-interest loan. Recipients must also abide by the City's loan documents, which dictate conditions that constitute repayment. The City has determined the following terms and provisions for program income versus recaptured funds: • Program Income is a source of SHIP revenue, received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, death of recipient, sale or transfer of title, property is no longer the client's primary residence. • Recaptured Funds is a source of SHIP revenue, received when a SHIP recipient loses his or her property to foreclosure or tax deed sale. All funds are deposited into the Local Housing Trust Funds and reported as Program Income or Recaptured in the state fiscal year that they are received as appropriate for Annual Reporting purposes. f. Recipient Selection Criteria: Applicants must own and occupy the property as principal residence. The residence must have been damaged in a declared natural disaster. Applicants must be income-eligible, and will be served on a first-come, first-served basis, pending funding availability. The property must be located within the city limits of Clearwater. Applicants must be current on mortgage secured by the property, property taxes, and homeowners insurance. g. Sponsor Selection Criteria: Eligible sponsors will be selected using the City's Consolidated Plan Application, or any other method(s) that the City may develop to expedite the Selection of Eligible Sponsar during a disaster. -15- Item#22 Attachment number 2\nPage 1 � Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 h. AdditionalInformation: This strategy will be implemented only in the event of a natural or man-made disaster declaration using any SHIP funds that have not been encumbered. The City will use the Florida Housing Finance Corporation's DISASTER SELF-CERTIFICATION OF INCOME FORM, attached as "Exhibit I". SECTION III. LHAP INCENTIVE STRATEGIES In addiiion to Siraiegy A and Strategy B, include all adopted inceniives with the policies and procedures used daily for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. The Planning and Development Department expedites the review process of any site plan, land use amendment, rezoning, or annexation application for an affordable housing project within the City of Clearwater. According to the City's Development Code, an affordable housing project (rehabilitation or new construction), can be approved through the City's Development Review Committee Process. If a public hearing is needed, the project is scheduled for the immediate next session of the Community Development Board (CDB). Some affordable housing projects (rehabilitation or new construction) are approved administratively; otherwise the project goes to the immediate next session of the Community Development Board. a. Provide a description of the procedures used to unplement this strategy: Expedited Permitting. For Building Permit Applications, the City has a"Request for Expedited Permit Processing for Affordable Housing Activity" available through the Economic Development and Housing Department. This form allows the application to be expedited through the review process. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. The City has a process in place by which it considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. a. Established policy and procedures: Provide Description: The Senior Executive Team of the City of Clearwater meets every two weeks to discuss and review upcoming agenda items on the City Council's meeting schedule. As part of this meering, the City Clerk reviews with each department Director proposed iteins on the agenda, which includes policies, procedures, ordinances, resolurions and plan provisions for action by the City Council. Any acrions that have the potential to affect the cost of housing are addressed as part of this process. Any determinations made by Economic Development and Housing Department and the affected Department will be included as part of the agenda summary to the City Council on -16- Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 that particular item. The City Council agenda summary and all supporting materials are available on the city's website at www.mvclearwater.com. C. Name of the Strategy: The allowance of flexibility densities for affordable housing. The City encourages flexible densities for affordable housing development in both the Future Land Use Element and the Housing Element of the City's Comprehensive Plan. a. Established policy and procedures: Provide Description: The following policy in the Future Land Use Element allows for flexible densities: "Policy A.2.2.7 — The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code". The same policy applies to Housing Element as policy C.9.1: The City grants flexibility in densities to developers through the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: flexible standard development and flexible development. D. Name of the Strategy: The reduction of parking setback requirements for affordable housing. The City encourages the reduction of parking and setback requirements for affordable housing in the Housing Element of the City's Comprehensive Plan. a. Established Policy and Procedures: Provide Description: The following policy in the Housing Element supports the reduction of parking and setback requirements for affordable housing. "Policy C.1.9.2 — Allow flexibility with regard to off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of immediate vicinity." "Policy C.1.9.3 — Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1,000 feet of a transit stop." The City currently allows flexibility in parking and setback requirements for affordable housing though the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. E. Name of the Strategy: The allowance of tlexible lot configurations, including zero-lot-line configuration for affordable housing. _1�_ Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 The City currently allows for site plan flexibility through the development review process, as supported by the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such criteria may allow for more flexible site plan configurations, but may also require an improved site plan to document how the flexibility will result in better design and /or appearance. For example, the flexibility criteria tied to residential infill projects within the High Density Residential (HDR") District include: a. Established policy and procedures: Provide Description "Article 2, Section 2-504 (F.6) The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; (F.7) Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. F. Name of the Strategy: The preparation of a printed inventory of locally-owned public lands suitable for affordable housing. The City maintains an inventory of locally-owned public lands suitable for affordable housing. a. Established policy and procedures: Provide Description The City of Clearwater on May 21, 2010 adopted Resolution 10-12, which establishes the affordable housing inventory list per statutory requirements. A copy of the inventory list may be obtained by contacting city staff in Economic Development and Housing Department. The list will be posted on the City's web page. G. Name of the Strategy: The support of development near transportation hubs, and major employment centers and mixed-used developments. The Future Land Use Element of the of the City's Comprehensive Plan supparts the location of residential uses within "mass transit and neighborhood-serving land uses" and near transit lines. a. Established policy and procedures: Provide Description Policy A.2.2.2 — Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses." _ig_ Item#22 Attachment number 2 \nPage 1 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 Policy A.6.8.'7 — Create mixed-use, higher density and livable communities through design and layout, near existing transit lines as well as proposed TBARTA lines and stations. Also support walkability concepts near projected TBARTA stations. In addition, the Housing Element of the Comprehensive Plan states: "Policy C.1.4.2 — Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers." IV. EXHIBITS -19- Item#22 Attachment number 2 \nPage 2� Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11/09 A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005, F.A.C. A separate timeline for each fscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months oi the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as E�ibit D. E. Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: A copy of the Interlocal Agreemeni if applicable is attached as Exhibit H. _ 20 _ Item # 22 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Admin B Fiscal Year 2012-2013 Salaries and Benefits Office Supplies and Equipment Travel Perdiem Workshops, etc Advertising Fiscal Year 2013-2014 Salaries and Benefits Office Supplies and Equipment Travel Perdiem Workshops, etc Advertising Fiscal Year Salaries and Benefits Office Supplies and Equipment Travel Perdiem Workshops, etc Advertising Based on a distribution of � $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Title: LHAP Template 2009 No. ooi 67-37.005(1), F.A.C. Fffective Date: 11 /09 9,298.30 100.00 200.00 100.00 ' .•: 1 9,298.30 100.00 200.00 100.00 9,698.30 9,298.30 100.00 200.00 100.00 9,698.30 $ 96,983.00 Attachment number 2 \nPage 2 Exhibit A Item # 22 Exhibit B TIMETABLE FOR STATE FISCAL YEAR 2012-2013 Name of Local Government: CITY OF CLEARWATER Program Year ACtIVItICS M011th 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 72 7 2 3 4 5 6 7 8 9 10 11 12 Advertise Availability of Funds x Application Period(On-Going) x x x x x x x x x x x x x x x x x X X X X X X Start Program Year x Annual Report x x x Mid-Year Review/Adjustments x End-Year Review/Adjustments x x x Encumbrance Deadllne x Expenditure Deadline x Final Program Review x Directions: r=r � � � N N Type in the applicable years across the top line. List Program Activities down left hand side. Type in an "X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds (12 months following end of State Fiscal Year) 3) Expenditure of funds (24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC (September 15th) � D N 3 � (D 7 � c 3 a m N � � N � � N Exhibit B TIMETABLE FOR STATE FISCAL YEAR 2013-2014 Name of Local Government: CITY OF CLEARWATER Program Year ACtIVItICS M011th 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 72 7 2 3 4 5 6 7 8 9 10 11 12 Advertise Availability of Funds x Application Period(On-Going) x x x x x x x x x x x x x x x x x X X X X X X Start Program Year x Annual Report x x x Mid-Year Review/Adjustments x End-Year Review/Adjustments x x x Encumbrance Deadllne x Expenditure Deadline x Final Program Review x Directions: r=r � � � N N Type in the applicable years across the top line. List Program Activities down left hand side. Type in an "X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds (12 months following end of State Fiscal Year) 3) Expenditure of funds (24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC (September 15th) � D N 3 � (D 7 � c 3 a m N � � N � � N Exhibit B TIMETABLE FOR STATE FISCAL YEAR 2014-2015 Name of Local Government: CITY OF CLEARWATER Program Year ACtIVItICS M011th 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 72 7 2 3 4 5 6 7 8 9 10 11 12 Advertise Availability of Funds x Application Period(On-Going) x x x x x x x x x x x x x x x x x X X X X X X Start Program Year x Annual Report x x x Mid-Year Review/Adjustments x End-Year Review/Adjustments x x x Encumbrance Deadllne x Expenditure Deadline x Final Program Review x Directions: r=r � � � N N Type in the applicable years across the top line. List Program Activities down left hand side. Type in an "X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds (12 months following end of State Fiscal Year) 3) Expenditure of funds (24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC (September 15th) � D N 3 � (D 7 � c 3 a m N � � N � � N FLORIDA HOUSING FINANCE CORPORATION Pleasecheckapplicablebox,&itAmendmen�,enternumber HOUSING DELIVERY GOALS CHART#2002 NewPlan: X STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2012-2013 nmendment: � Fiscal Yc Closeout: Name of Local Government: CITY OF CLEARWATER Available Funds: $196,983.00 � — A B C D E F HOME OWNERSHIP VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dolla�s Percentage Units 1. DPCCAforNewConstructionHomes 0 $11,250.00 2 $11,250.00 0 $11,250.00 $22,500.00 $22,500.00 11.42% 2 ��.00 �.0�% � 2. DPCCAforexi5tingHOmes 1 $6,250.00 4 $6,250.00 0 $6,250.00 $25,000.00 $6,250.00 $31,250.00 15.86% 5 $0.00 0.00% 0 3.OwberOccupiedRehabilitation 5 $12,500.00 3 $12,500.00 0 $12,500.00 $100,000.00 $100,000.00 50.77% 8 $0.00 0.00% 0 a.oisaster Mitigation 0 $5,000.00 0 $5,000.00 0 $5,000.00 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 7(Home Ownership) 6 9 0 $22,500.00 $125,000.00 $6,250.00 $153,750.00 78.05% 15 RENTAL VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP D0118fS Percentage Units Multi-Family Housing 1 $14,000.00 1$14,000.00 0$14,000.00 $28,535.00 $28,535.00 14.49% 2 $0.00 Q.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 2(Non-Home Ownership) 1 1 0 $28,535.00 $0.00 $0.00 $28,535.00 14.49% 2 Administration Fees � $9,698.00 4.92% Admin. From Program Income I I I $5,000.00 2.54% Home Ownership Counseling I I I I I 0.00% GRAND TOTAL 4dd Subtotals 1& 2, plus all Admin. & HO Counseling Percentage Construction/Rel Maximum Allowable Purchase Price: Allocation Breakdown Very-Lp�y Income Low In�ome Moder e Income TOTAL Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. 89% New $150,000 Existing $150,000 AmOUnt % Projected Program Income: $100,000.00 Max Amount Program Income For Admin: $5,000.00 $82,750.00 42.0% Projected Recaptured Funds: $85,000.00 432% Distribution: $95,983.00 0.0 % Total Available Funds: $196,983.00 I 852 % 20-Mar-12 D v 3 m � � c 3 a m N � � N � � N FLORIDA HOUSING FINANCE CORPORATION Pleasecheckapplicablebox,&itAmendmen�,enternumber HOUSING DELIVERY GOALS CHART#2002 NewPlan: X STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2013-2014 nmendment: � Fiscal Yc Closeout: Name of Local Government: CITY OF CLEARWATER Available Funds: $196,983.00 � — A B C D E F HOME OWNERSHIP VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dolla�s Percentage Units 1. DPCCAforNewConstructionHomes 0 $11,250.00 2 $11,250.00 0 $11,250.00 $22,500.00 $22,500.00 11.42% 2 ��.00 �.0�% � 2. DPCCAforexi5tingHOmes 1 $6,250.00 4 $6,250.00 0 $6,250.00 $25,000.00 $6,250.00 $31,250.00 15.86% 5 $0.00 0.00% 0 3.OwberOccupiedRehabilitation 5 $12,500.00 3 $12,500.00 0 $12,500.00 $100,000.00 $100,000.00 50.77% 8 $0.00 0.00% 0 a.oisaster Mitigation 0 $5,000.00 0 $5,000.00 0 $5,000.00 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 7(Home Ownership) 6 9 0 $22,500.00 $125,000.00 $6,250.00 $153,750.00 78.05% 15 RENTAL VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP D0118fS Percentage Units Multi-Family Housing 1 $14,000.00 1$14,000.00 0$14,000.00 $28,535.00 $28,535.00 14.49% 2 $0.00 Q.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 2(Non-Home Ownership) 1 1 0 $28,535.00 $0.00 $0.00 $28,535.00 14.49% 2 Administration Fees � $9,698.00 4.92% Admin. From Program Income I I I $5,000.00 2.54% Home Ownership Counseling I I I I I 0.00% GRAND TOTAL 4dd Subtotals 1& 2, plus all Admin. & HO Counseling Percentage Construction/Rel Maximum Allowable Purchase Price: Allocation Breakdown Very-Lp�y Income Low In�ome Moder e Income TOTAL Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. 89% New $150,000 Existing $150,000 AmOUnt % Projected Program Income: $100,000.00 Max Amount Program Income For Admin: $5,000.00 $82,750.00 42.0% Projected Recaptured Funds: $85,000.00 432% Distribution: $95,983.00 0.0 % Total Available Funds: $196,983.00 I 852 % 20-Mar-12 D v 3 m � � c 3 a m N � � N � � N FLORIDA HOUSING FINANCE CORPORATION Pleasecheckapplicablebox,&itAmendmen�,enternumber HOUSING DELIVERY GOALS CHART#2002 NewPlan: X STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2014-2015 nmendment: � Fiscal Yc Closeout: Name of Local Government: CITY OF CLEARWATER Available Funds: $196,983.00 � — A B C D E F HOME OWNERSHIP VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dolla�s Percentage Units 1. DPCCAforNewConstructionHomes 0 $11,250.00 2 $11,250.00 0 $11,250.00 $22,500.00 $22,500.00 11.42% 2 ��.00 �.0�% � 2. DPCCAforexi5tingHOmes 1 $6,250.00 4 $6,250.00 0 $6,250.00 $25,000.00 $6,250.00 $31,250.00 15.86% 5 $0.00 0.00% 0 3.OwberOccupiedRehabilitation 5 $12,500.00 3 $12,500.00 0 $12,500.00 $100,000.00 $100,000.00 50.77% 8 $0.00 0.00% 0 a.oisaster Mitigation 0 $5,000.00 0 $5,000.00 0 $5,000.00 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 7(Home Ownership) 6 9 0 $22,500.00 $125,000.00 $6,250.00 $153,750.00 78.05% 15 RENTAL VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Total STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP D0118fS Percentage Units Multi-Family Housing 1 $14,000.00 1$14,000.00 0$14,000.00 $28,535.00 $28,535.00 14.49% 2 $0.00 Q.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 Subtotal 2(Non-Home Ownership) 1 1 0 $28,535.00 $0.00 $0.00 $28,535.00 14.49% 2 Administration Fees � $9,698.00 4.92% Admin. From Program Income I I I $5,000.00 2.54% Home Ownership Counseling I I I I I 0.00% GRAND TOTAL 4dd Subtotals 1& 2, plus all Admin. & HO Counseling Percentage Construction/Rel Maximum Allowable Purchase Price: Allocation Breakdown Very-Lp�y Income Low In�ome Moder e Income TOTAL Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. 89% New $150,000 Existing $150,000 AmOUnt % Projected Program Income: $100,000.00 Max Amount Program Income For Admin: $5,000.00 $82,750.00 42.0% Projected Recaptured Funds: $85,000.00 432% Distribution: $95,983.00 0.0 % Total Available Funds: $196,983.00 I 852 % 20-Mar-12 D v 3 m � � c 3 a m N � � N � � N Attachment number 2 \nPage 2 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effecrive Date: 11/09 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shal] be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. Page 2 Item # 22 Attachment number 2 \nPage 2 Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effecrive Date: 11/09 Exhibit D Certification 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida has or X has not been implemented. Witness Witness Date �' Attest: (Seal) 2 (note: Miami Dade County will check "has") Chief Elected Official or designee Type Name and Title Item # 22 Attachment number 2 \nPage 3� Title: LHAP Template 2009 No. 001 67-37.005(1), F.A.C. Effective Date: 11 /09 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMA TION SHEET LOCAL GOVERNMENT: CITY OF CLEARWATER CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): GEORGE CRETEKOS ADDRESS: 112 S. OSCEOLA AVENUE CLEARWATER FLORIDA 33756 SHIP ADMINISTRATOR: TERRY MALCOLM-SMITH ADDRESS: 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE:( )727-562-4036 FAX:( ) 727-562-4037 EMAIL ADDRESS: terry.malcolm-smith(a�myclearwater.com ADDITIONAL SHIP CONTACTS: MICHAEL HOLMES ADDRESS: 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 EMAIL ADDRESS: michael.holmes@myclearwater.com INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000289 MAIL DISBURSEMENT TO: CITY OF CLEARWATER ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: X NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850)488-9809 Item # 22 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: No Item SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 23 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: Meeting Date:4/5/2012 Amend the Community Development Code, Section 47.031(1) by adding an alternate member to the Building Flood Board of Adjustment and Appeals and pass Ordinance 8312-12 on first reading. SUMMARY: At the January 9, 2012 wark session meeting, City Council expressed a concern regarding the Building/Flood Board of Adjustment and Appeals could not hold a meeting due to lack of quorum. Staff was directed to add an alternate member to the board. Ordinance 8312-12 amends the Community DevelopmentCode, Section 47.031(1), by adding an alternate member to the Building/Flood Board of Adjustment and Appeals. The Community Development Board reviewed the ordinance at their March 20, 2012 meeting and recommended approval. Review Approval: Cover Memo Item # 24 Attachment number 1 \nPage 1 ORDINANCE NO. 8318-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE, PART II, SECTION 47.031(1) BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS; BY ADDING AN ALTERNATE MEMBER TO THE BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 47.031 — Created; membership; terms is hereby amended as follows: (1) There is hereby established the building/flood board of adjustment and appeals, which shall consist of five members and one (1) alternate member. The members of the board shall be appointed by the city manager. (2) Members of the board shall be persons with knowledge and experience with the technical codes adopted in this chapter, such as design professionals, contractors or building industry representatives. (3) A board member shall not act in a case in which the member has a personal or financial interest. (4) The term of office of a regular board member shall be four years. Vacancies shall be filled for an unexpired term by appointment by the city manager. Continued absence of any member from required meetings of the board shall, at the discretion of the city manager, render any such member subject to removal from office. The alternate member shall serve at the pleasure of the citY manaqer for a four year term. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Item # 24 Ordinance No. 8318 -12 Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 24 Ordinance No. 8318-12 City Council Agenda Council Chambers — City Hall Meeting Date:4/5/2012 SUBJECT / RECOMMENDATiON: Confirm the Mayor's appointment of one member to the Clearwater Housing Authority board with term to expire September 30, 2016. SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY:Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: TheVincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Terry G. Byrd — 2636 Brewton Ct., 33761 — Original Appointment 9/21/95 (4th Term expired 9/30/11) was recommended by CHA for reappointment but did not get reappointed — 9/1/11 council meeting (1) absence in the past year THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Nino Accetta — 2724 Via Murano Unit 626, 33764 — Business Owner/Banking 2. John B. Johnson — 3237 San Pedro St., 33759 — Business/Insurance Zip codes current members on board: 1 at 33756 1 at 33759 1 at 33761 1 at 33767 Review Approval: Cover Memo Item # 25 Attachment number 1 \nPage CITY OF CLEARWATER - APPLICATION FOR ADVI50RY BOARDS Name: Nino Accetta Home Address: Office Address: 2724 Via Murano t 626 ) Clear Water FL 2245 Nursenr RD Clearwater FL Zip (33764) Telephone(646)-643-4973 Cell Phone: (646�-643-4973 Zip(33764) Telephone: (646)-643-4973 E-mail Address: nacc1098Ca�qmail.com How long a resident of Clearwater? 3�ears Occupation: Business Owner /Bankinq Field of Education: Aeronautical Enqineerin If retired, former occupation: Employer: CITIGROUP Other Work Experience: Owned businesses Community Acdvities: Vice Chairman of COA Community Development District , Chair United Way Campaign for CitiGroup Volunteer for St Cecelia intramural sports proqram, Volunteer for Liqht of Christ charitY events Other Interests: Golf Autocross racincl Sports Board Service (current and past): Board Preference: Clearwater Housing Authority Vice Chairman of Communitv Development District (CDD) _ Additional Signed: Nino �cc tt�..�� Date: 07-01-11 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Ffoor, 112 S. Osceola Avenue. Note: For boards requiring C►earwater residencv this application must be accompanied bv a copv of one of the followinq: • Current voter registration within city limits • Valid current Florida Drivers' License issued to an address within city limits • Declaration of Domicile filed with the city clerk a�rming residency within city limits ��,� JUI. 0 S 201� ��.`=��;��,;. i��:-��3� a��em # 25 �� a4�� Attachment number 1 \nPage 2I, BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? Board is desiqned to oversee and rule on the process to allow flexibilitv and mobili to low income families in their housinp choices within the citv limits of Clearwater. Participants pav onlv a portion of the rent based on income The balance is then quaranteed to the owner from Clearwater Housinq Authori 2_ Have you ever observed a board meeting either in person or on C-View, the City's N stati�n? No f have not but would like to. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have worked with mv local church on manv proarams that are related to supportinq the less fortunate and 1 am verY familiar with the urgent need to for qood pr�arams that do so efficientiv and effectivelv I am also the chair for Citi Groups United Wav campaiqn which has given me a real opportunity to experience how an orqanization works to support the communitv. 4. Why do you want to serve on this Board? I would like to volunteer mv time and experience to make a positive difference if possible in the communitv I live and am raisinq mv familv in. I also have a lot of experience and knowledqe I would be happv to voiunteer. Name: Nino Accetta Board Name:_ Clearwater Housin�Authority Item # 25 Attachment number 2 \nPage 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS .,1, � ��; , � �:_�w�. . �, Name: .,�0"� � � . � � UJ �.�� Home Address: � � 1 �'��✓ �=�o S�' �°�R�',cJ , z�p 33� Telephone: �i � .�G Cell Phone: �� ^Q� How long a resident of Clearwater? Occupation: �< <-! I Field of Education: ,� U,SI�Y�� If retired, former occupation: Community Activities: Other Interests: ��L� Board Service (current and past): �O/i�i� v�✓� �/�'-� �viV! r/ C' � ��rs�o x Additional Comments: ��/ ��u � ��l��, ��/� � .rt Office Address: ��" !_"�"�` `� r � . r � ��. L �.... �..J e �c�±1t'�� .. c ' . _ _ R� �• -a .tr...�`v . �r, � �..r ,....., Zip Telephone: E-mail Address: Employer: � � r,A� Other Work Experience: ,�sv�,c�-E. `s � Board Preference: _ � J _ :, L .:��_ i[� �■ �L ! � Signature: Date: �c� �' � oL.�� See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requirinq Clearwater residency, this application must be accompanied by a copv of one of the followinq: • Current voter registration within city limits • Valid current Florida Drivers' License issued to an address within city limits • Declaration of Domicile filed with the city clerk affirming residency within city limits Item # 25 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Attachment number 2 \nPage 2 :S/1S ,� %- i . - � :I_ / � /��.I � / � ` %/ //. � /!i� ,��..I . .,� �i . ��' .� _i /-i /,i, . � __ /��., i � � � i / . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? r 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? �/'� V2 � C � < ��!/h� Y— � � 1 • _ L : � i .iL. � 4. Why do you want to serve on this Board? l', �'� �2 s 1,i�_ �. � . � ♦ ... . - Item # 25 City Council Agenda Council Chambers — City Hall SUBJECT / RECOMMENDATiON: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:4/5/2012 Cover Memo Item # 26