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10/04/2012 City Council Agenda Location: Council Chambers - City Hall Date: 10/4/2012- 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. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1National Arts and Humanities Month Proclamation - Roberta Klar, Chairman of the Clearwater Arts Alliance Attachments 4.2World Ostomy Proclamation Attachments 4.32012 Fire Prevention Week Proclamation - Fire Marshal/Division Chief Steve Strong Attachments 4.4Public Natural Gas Week Proclamation - October 7-13, 2012 - Chuck Warrington, Dir. Clearwater Gas System Attachments 5. Approval of Minutes 5.1Approve the minutes of the September 20, 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. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Award the Construction Manager (CM) at Risk contract to Biltmore Construction, of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price (GMP) of $10,924,121; approve a supplemental work order to HDR Engineering for $429,404; establish a final project budget of $13,301,250, recognizing a project budget increase of $5,243,730; authorize a loan from the Central Insurance Fund in the amount of $5,243,730 at the cash pool rate and authorize the appropriate officials to execute same. Attachments 7.2Approve request from the owner of property addressed at 2352 Timbercrest Circle South to vacate the southernmost 5 feet of a 10-foot Drainage and Utility Easement; and pass Ordinance 8364-12 on first reading (VAC2012-04). Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8358-12 on second reading, removing the Designation as an Historic Property for the property located at 405 Cleveland Street, Capitol/Royalty Theatre, under Community Development Code Section 4-607. Attachments 8.2Adopt Ordinance 8359-12 on second reading, removing the Designation as an Historic Property for the property located at 401 Cleveland Street, Clearwater Evening Sun/Lokey Building, under Community Development Code Section 4-607. Attachments 8.3Adopt Ordinance 8360-12 on second reading, amending Division 7, Section 2.194, Code of Ordinances, decreasing the meeting frequency of the Library Advisory Board. Attachments 8.4Adopt Ordinance 8361-12 on second reading, 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, Special Development Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Harborview Fund, and Administrative Services Fund. Attachments 8.5Adopt Ordinance 8362-12 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2012, to reflect a net increase of $851,003. Attachments 8.6Adopt Ordinance 8363-12 on second reading, vacating that certain portion of the 17-foot alley lying south of Lot 7, and the West 41.34 feet of Lot 6, Block B, and vacating that certain portion of the 28 foot alley lying west of Lots 21,22, and 23 of Block B, both properties being described in the Plat titled J.R. Davey, et. Al. Resubdivision located in Plat Book 1, Page 87 of the Public Records of Hillsborough County, of which Pinellas County was formerly a part. Attachments City Manager Reports 9. Consent Agenda 9.1Approve State Housing Initiatives Partnership (SHIP) Program annual reports for fiscal years 2009-2010, 2010-2011 and 2011-2012, and authorize the appropriate officials to execute same. (consent) Attachments 9.2Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $484,760.00 for the purchase of 1 new Pierce Heavy Duty Velocity Pumper, in accordance with Sec. 2.564 (1)(d), Code of Ordinances,  Other governmental bid, and authorize the appropriate officials to execute same. (consent) Attachments 9.3Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $775,210.00 for the purchase of 1 new Pierce Heavy Duty Velocity Squad, in accordance with Sec. 2.564 (1)(d), Code of Ordinances,  Other governmental bid, and authorize the appropriate officials to execute same. (consent) Attachments 9.4Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2012 through September 30, 2013 for database maintenance at a cost not to exceed $217,010, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) Attachments 9.5Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October 1, 2012 to September 30, 2013 at a cost not to exceed $234,840, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) Attachments 9.6Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $265,000; Ingram Library Services, Atlanta, GA - $160,000; and Midwest Tape, Holland, OH - $70,000 for the purchase of library books and other materials for the contract period October 1, 2012 through September 30, 2013, and authorize the appropriate officials to execute same. (consent) Attachments 9.7Approve Department of Environmental Protection (DEP) Agreement: MV055 Amendment 1 for CVA11- 615 for Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the Clearwater Beach Marina pump out vessel and authorize the appropriate officials to execute same. (consent) Attachments 9.8Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1, 2012 through June 30, 2013, and authorize the appropriate officials to execute same. (consent) Attachments 9.9Award a Contract to Construction Manager at Risk, Biltmore Construction, of Belleair, FL., in an amount not to exceed $86,105, plus $3895 excess funding for unforeseen field conditions; establish a Capital Improvement Program (CIP) project for the Fire Training Facility Concrete Pad Repair; close completed projects returning funds to the General Fund; and authorize the appropriate officials to execute same. (consent) Attachments 9.10Approve a CDM Smith Supplemental Work Order in the amount of $378,398.59 for additional engineering design of the Reverse Osmosis Plant No. 1 Expansion Project (09-0018-UT); and authorize the appropriate officials to execute same. (consent) Attachments 9.11Recommend Mayor George N. Cretekos as Clearwater's representative on the Tourist Development Council for a 4-year term beginning November 1, 2012. (consent) Attachments 9.12Amend Council Policies 2.C, 4.M, 11.R , 16.T , 18.D, and 23.A. (consent) Attachments 10. Other Items on City Manager Reports 10.1Approve a Memorandum of Understanding with St. Petersburg College (SPC) for funding a joint-use library operation on the SPC campus and authorize the appropriate officials to execute same. Attachments 10.2Approve the Interlocal Agreement between the City and Pinellas County establishing terms and conditions associated with right-of-way vacations, impacts to County property and the transfer of real estate interests needed for the planned expansion of the Capitol Theatre; adopt Resolution 12-16; and authorize the appropriate officials to execute same, contingent on the passage and adoption of Ordinance 8363-12. Attachments 10.3Amend Council Rules 1, 6 and 8 and adopt Resolution 12-17. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Other Council Action 12.1Amendment 4 Attachments 13. Closing Comments by Mayor 14. Adjourn Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Arts and Humanities Month Proclamation - Roberta Klar, Chairman of the Clearwater Arts Alliance SUMMARY: Review Approval: Cover Memo Item # 1 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: World Ostomy Proclamation SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2012 Fire Prevention Week Proclamation - Fire Marshal/Division Chief Steve Strong SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Public Natural Gas Week Proclamation - October 7-13, 2012 - Chuck Warrington, Dir. Clearwater Gas System SUMMARY: Review Approval: Cover Memo Item # 4 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the September 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 17 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 20, 2012 Present:Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember BillJonson,and Councilmember Jonson,Jonson,and Councilmember and Councilmember Jay E. Polglaze. Also Present:William B. Horne II -City Manager, Jill S. Silverboard -Assistant City City Manager, Jill S. Silverboard City Manager, Jill S. Silverboard Assistant City Assistant City -- Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, City Clerk, City Clerk, City Attorney, Rosemarie Call City Attorney, Rosemarie Call - and Nicole Sprague - Official Records and Legislative Services Official Records and LegislativeOfficial Records and Legislative Services Services Coordinator. Unapproved To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not necessarily discussed in that order. necessarily discussed in that order. 1. Call to Order–Mayor George N. Cretekos Call to OrderMayor George N. CretekosMayor George N. Cretekos – The meeting was called to order at 6:00 p.m. at City Hall. The meeting was called to order at 6:00 p.m. at City Hall.The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation–Father Tom Madden from St. Cecelia Catholic Church 2. 2. InvocationInvocationFather Tom Madden from St. Cecelia Catholic ChurchFather Tom Madden from St. Cecelia Catholic Church –– 3. Pledge of Allegiance–Councilmember Doreen Hock-DiPolito 3. Pledge of AllegiancePledge of AllegianceCouncilmember Doreen HockCouncilmember Doreen Hock – 4. Presentations–Given. 4. PresentationsGiven.Given. – 4. 4.1 Service Awards Service Award 4.1 4.1 s Two service awards were presented to city employees. TTwo service awards were presented to city employees.wo service awards were presented to city employees. 5. Approval of Minutes l of Minutesl of Minutes ApprovaApprova 5.1 Approve the minutes of the September 6, 2012 City Council Meeting as Approve the minutes of the September 6, 2012 City Council Meeting as Approve the minutes of the September 6, 2012 City Council Meeting as submitted in written summation by the City Clerk. submitted in written summation by the City Clerk.submitted in written summation by the City Clerk. submitted in written summation by the City Clerk.submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the September 6, 2012 City Council Meeting as submitted in written summation by the City Clerk.The motion was duly seconded and carried unanimously. Council 2012-09-201 Item # 5 Attachment number 1 \nPage 2 of 17 6. Citizens to be Heard re Items Not on the Agenda Katherine Gravessaid a pothole in Clearwater damaged her vehicle. Public Hearings -Not before 6:00 PM 7. Administrative Public Hearings 7.1 Adopt Ordinance 8355-12 on second reading, declaring the Millage Rate to be 12 on second reading, declaring the Millage Rate to be 12 on second reading, declaring the Millage Rate to be levied forthe Fiscal Year beginning October 1, 2012 and ending September 30, the Fiscal Year beginning October 1, 2012 and ending September 30, the Fiscal Year beginning October 1, 2012 and ending September 30, 2013, for operating purposes including the funding of pensions, debt service, and 2013, for operating purposes including the funding of pensions, debt service, and 2013, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.155 mills, which road maintenance for capital improvement expenditures at 5.155 mills, which road maintenance for capital improvement expenditures at 5.155 mills, which constitutes a 1.60% decrease from the rolled back rate of 5.2387 mills. rom the rolled back rate of 5.2387 mills.rom the rolled back rate of 5.2387 mills. Budget Director Tina Wilson provided a PowerPoint presentation. Budget Director Tina Wilson provided a PowerPoint presentation.Budget Director Tina Wilson provided a PowerPoint presentation. Ordinance 8355-12 was presented and read in full. Councilmember Doreen Hock- 12 was presented and read in full. Councilmember Doreen Hock12 was presented and read in full. Councilmember Doreen Hock - DiPolito moved to adopt Ordinance 8355-12 on second and final reading. The motion DiPolito moved to adopt Ordinance 835512 on second and final reading. 12 on second and final reading. The motion The motion - was duly seconded and upon roll call, the vote was: was duly seconded and upon roll call, the vote was:was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolitDiPolito, Councilmember Bill Jonson, and Councilmember o, Councilmember Bill Jonson, and Councilmember Doreen Hock - Jay E. Polglaze. Jay E. Polglaze. Jay E. Polglaze. "Nays":None. None.None. "Nays" "Nays" :: 7.2 Adopt Ordinance 8356-12 on second reading, adopting an Operating Budget for 7.2 Adopt Ordinance 8356Adopt Ordinance 835612 on second reading, adopting an Operating Budget for 12 on second reading, adopting an Operating Budget for - the Fiscal Year beginning October 1, 2012, and ending September 30, 2013, the Fiscal Year beginning October 1, 2012, and ending September 30, 2013, the Fiscal Year beginning October 1, 2012, and ending September 30, 2013, authorizing the City Manager to issue such instructions that are necessary to authorizing the City Manager to issue such instructions that are necessary to authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City achieve and accomplish the service programs so authorized; authorizing the City achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities Manager to transfer monies and programs among the departments and activities Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances.within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Ordinance 8356-12 was presented and read by title only. Councilmember Jay Polglaze Ordinance 8356Ordinance 835612 was presented and read by title only. Councilmember Jay Polglaze 12 was presented and read by title only. Councilmember Jay Polglaze - moved to adopt Ordinance 8356-12 on second and final reading. The motion was duly moved to adopt Ordinance 8356moved to adopt Ordinance 8356 seconded and upon roll call, the vote was: seconded and upon roll call, the vote was:seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 2012-09-202 Item # 5 Attachment number 1 \nPage 3 of 17 "Nays":None. 7.3 Adopt Ordinance 8357-12 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2012 and ending September 30, 2013, approving the Six-Year Capital Improvement Program Year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the which shall be reevaluated at the beginning of each fiscal year; authorizing the which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and City Manager to issue such instructions that are necessary to achieve and City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City accomplish the capital improvements so authorized; authorizing the City accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement ger to transfer money between projects in the Capital Improvement ger to transfer money between projects in the Capital Improvement Program; appropriating the available and anticipated resources for the projects Program; appropriating the available and anticipated resources for the projects Program; appropriating the available and anticipated resources for the projects identified. Ordinance 8357-12 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8357-12 on second and final reading. The motion was duly 12 on second and final reading. The motion was duly 12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember aul Gibson, Councilmember aul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor PMayor George N. Cretekos, Vice Mayor P Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Jay E. Polglaze. "Nays":None. None. 7.4 Approve the vacation of the 17-foot alley lying south of Lot 7 and the west 41.34 Approve the vacation of the 17Approve the vacation of the 17foot alley lying south of Lot 7 and the west 41.34 foot alley lying south of Lot 7 and the west 41.34 -- feet of Lot 6, Block B; approve the vacation of the 28-foot alley lying West of Lots feet of Lot 6, Block B; approve the vacation of the 28feet of Lot 6, Block B; approve the vacation of the 28foot alley lying West of Lots foot alley lying West of Lots - 21, 22, and 23 of Block B, these properties described in the plat titled John R. 21, 22, and 23 of Block B, these properties described in the plat titled John R. 21, 22, and 23 of Block B, these properties described in the plat titled John R. Davey, Et. Al. Resubdivision; and pass Ordinance 8363-12 on first reading Davey, Et. Al. Resubdivision; and pass Ordinance 8363Davey, Et. Al. Resubdivision; and pass Ordinance 836312 on first reading 12 on first reading -- (VAC2012-02 Capitol Theatre). (VAC2012(VAC201202 Capitol Theatre).02 Capitol Theatre). -- The plan to renovate the Capitol Theatre includes expanding the Theatre’s The plan to renovate the Capitol Theatre includes expanding the TheatreThe plan to renovate the Capitol Theatre includes expanding the Theatre footprint southward into the existing 17-foot wide alley. Accordingly, staff footprint southward into the existing 17footprint southward into the existing 17 foot wide alley. Accordingly, staff - recommends the vacation of the westernmost 89.34 ft. of the affected right-of- recommends the vacation of the westernmost 89.34 ft. of the affected rightrecommends the vacation of the westernmost 89.34 ft. of the affected right way. The project includes the realignment of the right-of-way utilizing Pinellas way. The project includes the realignment of the rightway. The project includes the realignment of the right County-owned property immediately south of the vacated alley. This right-of-way Countyowned propeowned property immediately south of the vacated alley. This rightrty immediately south of the vacated alley. This right - realignment will provide for continued traffic flow and the relocation of utilities as realignment will provide for continued traffic flow and the relocation of utilities as realignment will provide for continued traffic flow and the relocation of utilities as necessary. The design of the road will require modification of two parking lots necessary. The design of the road will require modification of two parking lots necessary. The design of the road will require modification of two parking lots owned by Pinellas County. The parking lot modification will provide for a “no net owned by Pinellas County. The parking lot modification will provide for a owned by Pinellas County. The parking lot modification will provide for a ofCounty parking spaces. The proposed parking lot design includes a loss” ofofCounty parking spaces. The proposed parking lot design includes a County parking spaces. The proposed parking lot design includes a loss”loss” second vacation of the northernmost 150 feet of the 28-foot wide alley currently second vacation of the northernmost 150 feet of the 28second vacation of the northernmost 150 feet of the 28 located between the two County parking lots. located between the two County parking lots. located between the two County parking lots. There are several City-owned and private utilities that will be affected by the two vacations. Where practicable and cost-effective, utilities will remain in their current locations via easements as necessary. Others will be relocated to the realigned Council 2012-09-203 Item # 5 Attachment number 1 \nPage 4 of 17 road to be constructed. Ordinance 8363-12 is contingent upon the following conditions: 1)The City will retain a utility easement over the 28-foot alley for continued use of facilities owned by the City, Knology and Progress Energy. 2)Pinellas County will grant an easement to the City over the northern portion of Pinellas County will grant an easement to the City over the northern portion of Pinellas County will grant an easement to the City over the northern portion of its property for use as a public right-of-way and as a utility corridor for public way and as a utility corridor for public way and as a utility corridor for public and private utilities. 3)City and private utilities will be relocated as necessary at no cost to the City and private utilities will be relocated as necessary at no cost City and private utilities will be relocated as necessary at no cost to the to the respective private utility providers. Under the Theatre renovation project, there respective private utility providers. Under the Theatre renovation project, there respective private utility providers. Under the Theatre renovation project, there is an option to include a vault for the existing Progress Energy transmission is an option to include a vault for the existing Progress Energy transmission is an option to include a vault for the existing Progress Energy transmission line to be incorporated into the building addition. If so, the City will grant an line to be incorporated into the building addition. If so, the City will grant an line to be incorporated into the building addition. If so, the City will grant an easement to Progress Energy for this purpose. The alternative option is to t to Progress Energy for this purpose. The alternative option is to t to Progress Energy for this purpose. The alternative option is to relocate the line to the realigned right-of-way. of relocate the line to the realigned right way. -- 4)Pinellas County shall convey all right, title and interest to the 17-foot alley to foot alley to foot alley to Pinellas County shall convey all right, title and interest to the 17Pinellas County shall convey all right, title and interest to the 17 -- the City. Following the satisfaction of all conditions, construction for the above-mentioned ions, construction for the aboveions, construction for the above Following the satisfaction of all conditmentioned mentioned -- parking lot renovation will commence. parking lot renovation will commence. parking lot renovation will commence. Councilmember Jay Polglaze moved to approve the vacation of the 17-foot alley lying Councilmember Jay Polglaze moved to approve the vacation of the 17Councilmember Jay Polglaze moved to approve the vacation of the 17foot alley lying foot alley lying -- south of Lot 7 and the west 41.34 feet of Lot 6, Block B; approve the vacation of the 28- south of Lot 7 and the west 41.34 feet of Lot 6, Block B; approve the vacation of the south of Lot 7 and the west 41.34 feet of Lot 6, Block B; approve the vacation of the foot alley lying West of Lots 21, 22, and 23 of Block B, these properties described in the foot alley lying West of Lots 21, 22, and 23 of Block B, these properties described in the foot alley lying West of Lots 21, 22, and 23 of Block B, these properties described in the plat titled John R. Davey, Et. Al. Resubdivision. The motion was duly seconded and plat titled John R. Davey, Et. Al. Resubdivision. The motion was duly seconded and plat titled John R. Davey, Et. Al. Resubdivision. The motion was duly seconded and carried unanimously. carried unanimously.carried unanimously. Ordinance 8363-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8363Ordinance 8363 12 was presented and read by title only. 12 was presented and read by title only. Vice Mayor Paul Gibson - moved to pass Ordinance 8363-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8363moved to pass Ordinance 836312 on first reading. 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill JonsDiPolito, Councilmember Bill Jons -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None. :: None. 7.5 Request to remove the historic designation of the Capitol Theatre located at 405 Request to remove the Request to remove the Request to remove the Cleveland Street [consisting of the East of Lot 7, plus 30 ft. and 3 in. of Lot 6, John R. Daveys Resub of Block B (per Plat Book H-1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part)]. Council 2012-09-204 Item # 5 Attachment number 1 \nPage 5 of 17 Staff recommends denying Ordinance 8358-12 on first reading. (HIS2012- 00001) This application involves property known as the Capitol Theatre located on the south side of Cleveland Street, one property east of Osceola Avenue in south side of Cleveland Street, one property east of Osceola Avenue in Downtown Clearwater. The Capitol Theatre opened in 1921 and was designed by Downtown Clearwater. The Capitol Theatre opened in 1921 and was designed by Downtown Clearwater. The Capitol Theatre opened in 1921 and was designed by Lester Avery and owned by John S. Taylor, son of one the area’s earliest s earliest s earliest Lester Avery and owned by John S. Taylor, son of one the area homesteaders. The building is an excellent example of the elaborate homesteaders. The building is an excellent example of the elaborate homesteaders. The building is an excellent example of the elaborate Mediterranean Revival style and is unique to Cleveland Street. The City of Mediterranean Revival style and is unique to Cleveland Street. The City of Mediterranean Revival style and is unique to Cleveland Street. The City of Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding the Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding the Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of this property. It is one of purchase, rehabilitation, operation and maintenance of this property. It is one of purchase, rehabilitation, operation and maintenance of this property. It is one of two properties designated locally as historic through provisions contained within two properties designated locally as historic through provisions contained within two properties designated locally as historic through provisions contained within the Community Development Code. On December 3, 2009, City Council approved Ordinance 8119-09, designating the On December 3, 2009, City Council approved Ordinance 8119On December 3, 2009, City Council approved Ordinance 811909, designating the 09, designating the -- Capitol Theatre as historic, finding that the building qualified for the classification Capitol Theatre as historic, finding that the building qualified for the classification Capitol Theatre as historic, finding that the building qualified for the classification of “excellent,” based on the standards for designation outlined in the Community based on the standards for designation outlined in the Community based on the standards for designation outlined in the Community Development Code Section 4-607.F.2 and 3: Development Code Section 4607.F.2 and 3: 607.F.2 and 3: - The property is associated with events that made a significant contribution to the The property is associated with events that made a significant contribution to the The property is associated with events that made a significant contribution to the board pattern of the City; board pattern of the City; The property is associated with the lives of persons significant in history; and The property is associated with the lives of persons significant in history; and The property is associated with the lives of persons significant in history; and The property possesses distinctive characteristics of a type, period or method of The property possesses distinctive characteristics of a type, period or method of The property possesses distinctive characteristics of a type, period or method of construction. construction. construction. Preliminary renderings for the restoration of the Clearwater Evening Sun Building Preliminary renderings for the restoration of the Clearwater Evening Sun Building Preliminary renderings for the restoration of the Clearwater Evening Sun Building andCapitol Theater were submitted with the application for historic designation, andCapitol Theater were submitted with the application for historic designation, Capitol Theater were submitted with the application for historic designation, demonstrating Ruth Eckerd Hall, Inc.’s intent to renovate the exterior of the ’ demonstrating Ruth Eckerd Hall, Inc.demonstrating Ruth Eckerd Hall, Inc.s intent to renovate the exterior of the building consistent with its defining historic elements/features, which would have building consistent with its defining historic elements/features, which would have building consistent with its defining historic elements/features, which would have been consistent with the Secretary of the Interior’s Standards for Rehabilitation, been consistent with the Secretary of the Interiorbeen consistent with the Secretary of the Interior the Downtown Clearwater Redevelopment Plan Design Guidelines, and the Downtown Clearwater Redevelopment Plan Design Guidelines, and the Downtown Clearwater Redevelopment Plan Design Guidelines, and Community Development Code Section 3-1003 Certificates of appropriateness. Community Development Code Section 3Community Development Code Section 3 Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their plans for renovation of the Capitol Theater and adjacent Clearwater Evening Sun plans for renovation of the Capitol Theater and adjacent Clearwater Evening Sun plans for renovation of the Capitol Theater and adjacent Clearwater Evening Sun Building, and has requested that the historic designation be removed. New plans Building, and has requested that the historic designation be removed. New plans Building, and has requested that the historic designation be removed. New plans for the facade are designed to incorporate the Clearwater Evening Sun Building for the fafor the faade are designed to incorporate the Clearwater Evade are designed to incorporate the Clearwater Ev cc seamlessly into the exterior design of the Capitol Theater, which would materially seamlessly into the exterior design of the Capitol Theater, which would materially seamlessly into the exterior design of the Capitol Theater, which would materially alter this designated historic property. Instead of pursuing a certificate of alter this designated historic property. Instead of pursuing a certificate of alter this designated historic property. Instead of pursuing a certificate of appropriateness from the Community Development Board to materially alter a appropriateness from the Community Development Board to materially alter a historic property as outlined in the Community Development Code, Ruth Eckerd Hall, Inc. is requesting that the historic designation of this building be removed. Council 2012-09-205 Item # 5 Attachment number 1 \nPage 6 of 17 The Community Development Code states, “The removal of the historic designation from a propertyor district shall follow the same procedures as were used for its designation.”The Code,however, does not include different criteria to be considered when a request is received to remove a historic designation. T he be considered when a request is received to remove a historic designation. T he Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan support historic preservation and economic development. The Community Development Board reviewed the proposed amendment at their the proposed amendment at their the proposed amendment at their meeting on September 18, 2012 and recommended denial of request to remove recommended denial of request to remove recommended denial of request to remove the historic designation. If Council chooses to remove the historic designation of the Capitol Theatre, then If Council chooses to remove the historic designation of the Capitol Theatre, then If Council chooses to remove the historic designation of the Capitol Theatre, then Council would need to pass Ordinance 8358-12 on first reading. Council would need to pass Ordinance 835812 on first reading. 12 on first reading. - Ruth Eckerd Hall Board of Directors Chair Joshua Magidsonsaid the historical Chair of Directors Josh Magidsonagidsonsaid the historical said the historical ua M designation request was made with the anticipation that the project would be eligible for designation request was made with the anticipation that the project would be eligible for designation request was made with the anticipation that the project would be eligible for the national registry and historic preservation grants; neither occurred.It was noted that historic preservation grantshistoric preservation grants; neither occurred; neither occurredIt was noted that It was noted that . local historian MichaelSanderssupports removing the historical designation given the Sandersupports removing the historical designation given the supports removing the historical designation given the s currentplans to include the Lokey Building and Blue Dahlia to the Theater’s footprint. plans to include the Lokey Building and Blue Dahlia to the Theater’s footprint. plans to include the Lokey Building and Blue Dahlia to the Theater’s footprint. Architect Steve Fowler reviewed current plans for renovating the Capitol Theater, which Architect Steve Fowler reviewed current plans for reArchitect Steve Fowler reviewed current plans for renovatinnovating the Capitol Theater, whig the Capitol Theater, whi includes expanding the theater’s original façade to the Lokey Building and Blue Dahlia. udes expanding the theater’s original façade to the Lokey Building and Blue Dahlia. udes expanding the theater’s original façade to the Lokey Building and Blue Dahlia. Mr. Fowler said the historic designation will not allow this façade expansion beyond the Mr. Fowler said the historic designation will not allow this Mr. Fowler said the historic designation will not allow this façade expansion façade expansion Capitol Theater and hence the reason for removingthe historic designation. Capitol Theater and Capitol Theater and hence the hence the reason for removingreason for removing the historic designation.the historic designation. One individual spoke in opposition. One individual spoke in opposition.One individual spoke in opposition. Councilmember Jay Polglaze moved to approve request to remove the historic Councilmember Jay Polglaze moved to approve request to remove Councilmember Jay Polglaze moved to approve request to remove designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the East ofLot 7, plus 30 ft. and3 in. of Lot 6, John R. Daveys Resub of Block B (per Plat East ofLot 7, plus 30 ft. andLot 7, plus 30 ft. and3 in. of Lot 6, John R. Daveys Resub of Block B (per Plat 3 in. of Lot 6, John R. Daveys Resub of Block B (per Plat East of Book H-1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas Book HBook H1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas 1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas - County was formerly a part)].The motion was duly seconded and carried unanimously. County was formerly a part)].County was formerly a part)]. The motion was duly seconded and carried unanimously.The motion was duly seconded and carried unanimously. Ordinance 8358-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8358Ordinance 835812 was presented and read by title only. Vice Mayor Paul Gibson 12 was presented and read by title only. Vice Mayor Paul Gibson - moved to pass Ordinance 8358-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8358moved to pass Ordinance 8358 upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen Doreen Jay E. Polglaze. "Nays":None. Council 2012-09-206 Item # 5 Attachment number 1 \nPage 7 of 17 7.6 Request to remove the historic designation of the Clearwater Evening Sun Building located at 401 Cleveland Street [consisting of the West of Lot 7, John Building located at 401 Cleveland Street [consisting of the West of Lot 7, John R. Daveys Resub of Block B (per Plat Book H-1, Page 87, Public Records of 1, Page 87, Public Records of 1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part)]. h County, Florida, of which Pinellas County was formerly a part)]. h County, Florida, of which Pinellas County was formerly a part)]. Staff recommends denying Ordinance 8359-12 on first reading. (HIS2012- 12 on first reading. (HIS201212 on first reading. (HIS2012 - 00002) This application involves property known as the Clearwater Evening Sun Building This application involves property known as the Clearwater Evening Sun Building This application involves property known as the Clearwater Evening Sun Building located on the southeast corner of Cleveland Street and Osceola Avenue. The corner of Cleveland Street and Osceola Avenue. The corner of Cleveland Street and Osceola Avenue. The building was constructed in 1914 by Willis B. Powell and housed one of building was constructed in 1914 by Willis B. Powell and housed one of building was constructed in 1914 by Willis B. Powell and housed one of Clearwater’s first newspapers. It is a two-story brick structure with decorative s first newspapers. It is a twostory brick structure with decorative story brick structure with decorative - brickwork and is an outstanding example of commercialMasonry Vernacular. The brickwork and is an outstanding example of commercialMasonry Vernacular. The Masonry Vernacular. The City of Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding City of Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding City of Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of this property. It is one the purchase, rehabilitation, operation and maintenance of this property. It is one the purchase, rehabilitation, operation and maintenance of this property. It is one of two properties designated locally as historic through provisions contained within of two properties designated locally as historic through provisions contained within of two properties designated locally as historic through provisions contained within the Community Development Code. the Community Development Code. On December 3, 2009, City Council approved Ordinance 8118-09, designating the On December 3, 2009, City Council approved Ordinance 8118On December 3, 2009, City Council approved Ordinance 8118 09, designating the 09, designating the -- Clearwater Evening Sun Building as historic, finding that the building qualified for Clearwater Evening Sun Building as historic, finding that the building qualified for Clearwater Evening Sun Building as historic, finding that the building qualified for the classification of “excellent,”basedon the standards for designation outlined in classification of “excellent,”“excellent,”basedbasedon the standards for designation outlined in on the standards for designation outlined in the Community Development Code Section 4-607.F.2 and 3: the Community Development Code Section 4the Community Development Code Section 4607.F.2 and 3: 607.F.2 and 3: -- The property is associated with events that made a significant contribution to the The property is associated with events that made a significant contribution to the The property is associated with events that made a significant contribution to the board pattern of the City; board pattern of the City; board pattern of the City; The property is associated with thelives of persons significant in history; and The property is associated with theThe property is associated with thelives of persons significant in history; and The property possesses distinctive characteristics of a type, period or method of The property possesses distinctive characteristics of a type, period or method of The property possesses distinctive characteristics of a type, period or method of construction. construction. Preliminary renderings for the restoration of the Clearwater Evening Sun Building Preliminary renderings for the restoration of the Clearwater Evening Sun Building Preliminary renderings for the restoration of the Clearwater Evening Sun Building and Capitol Theater were submitted with the application for historic designation, and Capitol Theater were submitted with the application for historic designation, and Capitol Theater were submitted with the application for historic designation, demonstrating Ruth Eckerd Hall, Inc.’s intent to renovate the exterior of the demonstrating Ruth Eckerd Hall, Inc.demonstrating Ruth Eckerd Hall, Inc. building consistent with its defining historic elements/features, which would have building consistent with its defining historic elements/features, which would have building consistent with its defining historic elements/features, which would have been consistent with the Secretary of the Interior’s Standards for Rehabilitation, been consistent with the Secretary obeen consistent with the Secretary o the Downtown Clearwater Redevelopment Plan Design Guidelines, and the Downtown Clearwater Redevelopment Plan Design Guidelines, and the Downtown Clearwater Redevelopment Plan Design Guidelines, and Community Development Code Section 3-1003 Certificates of appropriateness. Community Development Code Section 3Community Development Code Section 3 Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their plans for renovation of the Clearwater Evening Sun Building and adjacent Capitol Theater, and has requested that the historic designation be removed. New plans Council 2012-09-207 Item # 5 Attachment number 1 \nPage 8 of 17 for the facade are designed to incorporate the Clearwater Evening Sun Building seamlessly into the exterior design of the Capitol Theater, which would materially alter this designated historic property. Instead of pursuing a certificate of appropriateness from the Community Development Board to materially alter a historic property asoutlined in the Community Development Code, Ruth Eckerd outlined in the Community Development Code, Ruth Eckerd Hall, Inc. is requesting that the historic designation of this building be removed. Hall, Inc. is requesting that the historic designation of this building be removed. Hall, Inc. is requesting that the historic designation of this building be removed. The Community Development Code states, “The removal of the historic The Community Development Code states, “The removal of the historic The Community Development Code states, “The removal of the historic designation from a property or district shall follow the same procedures as were designation from a property or district shall follow the same procedures as were designation from a property or district shall follow the same procedures as were used for its designation.”TheCode, however, does not include different criteria to Code, however, does not include different criteria to Code, however, does not include different criteria to be considered when a request is received to remove a historic designation. The be considered when a request is received to remove a historic designation. The be considered when a request is received to remove a historic designation. The Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan Clearwater Comprehensive Plan and Downtown Clearwater RedClearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan evelopment Plan support historic preservation and economic development. support historic preservation and economic development. support historic preservation and economic development. The Community Development Board reviewed the proposed amendment at their The Community Development Board reviewed the proposed amendment at their the proposed amendment at their meeting on September 18, 2012 and recommended denial of request to remove meeting on September 18, 2012 and recommended denial of request to remove recommended denial of request to remove the historic designation. If Council chooses to remove the historic designation of the Clearwater Evening If Council chooses to remove the historic designation of the Clearwater Evening If Council chooses to remove the historic designation of the Clearwater Evening Sun Building, then Council would need to pass Ordinance 8359-12 on first Sun Building, then Council would need to pass Ordinance 8359Sun Building, then Council would need to pass Ordinance 835912 on first 12 on first - reading. One individual spoke in opposition and one individual spoke in support. One individual spoke in opposition and one individual spoke in support.One individual spoke in opposition and one individual spoke in support. Councilmember Bill Jonson moved to approve request to remove the historic CouncCouncilmember Bill Jonson moved to approve rilmember Bill Jonson moved to approve r equest to remove the historic equest to remove the historic designation of the Clearwater Evening Sun Building located at 401 Cleveland Street designation of the Clearwater Evening Sun Building located at 401 Cleveland Street designation of the Clearwater Evening Sun Building located at 401 Cleveland Street [consisting of the West of Lot 7, John R. Daveys Resub of BlockB (per Plat Book H-1, [consisting of the West of Lot 7, John R. Daveys Resub of Block[consisting of the West of Lot 7, John R. Daveys Resub of Block Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was Page 87, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was cords of Hillsborough County, Florida, of which Pinellas County was formerly a part)].The motion was duly seconded and carried unanimously. formerly a part)]. The motion was duly seconded and carried unanimously.The motion was duly seconded and carried unanimously. Ordinance 8359-12 was presented and read by title only. Councilmember Doreen Ordinance 835912 was presented and read by title only. Councilmember Doreen 12 was presented and read by title only. Councilmember Doreen - Ordinance 8359 Hock-DiPolito moved to pass Ordinance 8359-12 on first reading. The motion was duly DiPolito moved to pass OrdinanDiPolito moved to pass Ordinan HockHockce 8359ce 8359 - seconded and upon roll call, the vote was: seconded and upon roll call, the vote was:seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes" :: Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, and Councilmember - Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None.None. 8. Second Readings -Public Hearing 8.1 Adopt Ordinance 8332-12 on second reading, vacating that certain portion of Council 2012-09-208 Item # 5 Attachment number 1 \nPage 9 of 17 land lying east of and adjacent to Block 2, Map or Plat entitled Bay View City Subdivision as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, and vacating that certain 15-foot drainage and utility easement being 71/2 feet each side of the original centerline of vacated Kentucky Avenue lying south of Lots 6 and 7, Block 2, and north of Lots 4 and 5, Kentucky Avenue lying south of Lots 6 and 7, Block 2, and north of Lots 4 and 5, Block 3, Bay View City Subdivision, according to the map or plat thereof as Block 3, Bay View City Subdivision, according to the map or plat thereof as Block 3, Bay View City Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, and amending Ordinance 8169-10, which vacated a portion of land lying 10, which vacated a portion of land lying 10, which vacated a portion of land lying east of Lot 5, Block 2, Bay View City Subdivision inaccurately. east of Lot 5, Block 2, Bay View City Subdivision inaccurately.east of Lot 5, Block 2, Bay View City Subdivision inaccurately. Ordinance 8332-12 was presented and read by title only. Councilmember Doreen 12 was presented and read by title only. Councilmember 12 was presented and read by title only. Councilmember Doreen Doreen Hock-DiPolitomoved to adopt Ordinance 8332-12 on second and final reading. The 12 on second and final reading. 12 on second and final reading. The The motion was duly seconded and upon roll call, the vote was: motion was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember ibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. 9. Consent Agenda–Approved as submitted, less Item 9.4. Consent AgendaApproved as submitted, less Item 9.4.Approved as submitted, less Item 9.4. – 9.1 Accept grant from Communities Putting Prevention to Work (CPPW), in an Accept grant from Communities Putting Prevention to Work (CPPW), in an Accept grant from Communities Putting Prevention to Work (CPPW), in an amount not to exceed $20,000, for the purchase of equipment and marketing amount not to exceed $20,000, for the purchase of equipment and marketing amount not to exceed $20,000, for the purchase of equipment and marketing materials for the Clearwater Gateway Farmers Market; and authorize the materials for the Clearwater Gateway Farmers Market; and authorize the materials for the Clearwater Gateway Farmers Market; and authorize the appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) 9.2 Declare list of vehicle and equipment surplus to the needs of the City; authorize 9.2 Declare list of vehicle and equipment surplus to the needs of the City; authorize Declare list of vehicle and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, disposal through sale to the highest bidder at the Tampa Machinery Auction, disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. Tampa, Florida; and authorize the appropriate officials to execute same. Tampa, Florida; and authorize the appropriate officials to execute same. (consent) (consent) 9.3 Authorize the City Attorney to retain outside Legal Counsel on behalf of 9.3 9.3 Authorize the City Attorney to retain outside Legal Counsel on behalf of Authorize the City Attorney to retain outside Legal Counsel on behalf of Clearwater Gas System for the period of October 1, 2012 through September 30, Clearwater Gas System for the period of October 1, 2012 through September 30, Clearwater Gas System for the period of October 1, 2012 through September 30, 2017, and authorize the appropriate officials to execute same. (consent) 2017, and authorize the appropriate officials to execute same. (consent) 2017, and authorize the appropriate officials to execute same. (consent) 9.4 Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Phillies Florida, LLC, approving Projectmodifications to address environmental Phillies Florida, LLC, approving ProjectPhillies Florida, LLC, approving Project concerns and minimum flood plain elevations; increasing the City funding for the concerns and minimum flood plain elevations; increasing the City funding for the concerns and minimum flood plain elevations; increasing the City funding for the project from $2,900,000 to $3,250,000 from unappropriated retained earnings and authorize the appropriate officials to execute same. (consent) Council 2012-09-209 Item # 5 Attachment number 1 \nPage 10 of 17 See below. 9.5 Approve a three-year Agreement between the American Red Cross and the City year Agreement between the American Red Cross and the City of Clearwater to provide training in first aid care, emergency response, swim of Clearwater to provide training in first aid care, emergency response, swim of Clearwater to provide training in first aid care, emergency response, swim instruction and lifeguarding for City employees and members of the public and instruction and lifeguarding for City employees and members of the public and instruction and lifeguarding for City employees and members of the public and authorize the appropriateofficials to execute same. (consent) officials to execute same. (consent) officials to execute same. (consent) 9.6 Approve a funding source change of $200,000 from Projected Grants to General Approve a funding source change of $200,000 from Projected Grants to General Approve a funding source change of $200,000 from Projected Grants to General Funds for Capital Improvement Project (CIP 315-93625), Pier 60 Park Repair 93625), Pier 60 Park Repair 93625), Pier 60 Park Repair - Funds for Capital Improvement Project (CIP 315 and Improvements, and approve a first quarter amendment to transfer $200,000 o transfer $200,000 o transfer $200,000 and Improvements, and approve a first quarter amendment tand Improvements, and approve a first quarter amendment t from General Fund Reserves to this project. (consent) from General Fund Reserves to this project. (consent) 9.7 Approve First Amendment to Agreement between the School Board of Pinellas Approve First Amendment to Agreement between the School Board of Pinellas Approve First Amendment to Agreement between the School Board of Pinellas County, Florida (Board) and the City of Clearwater (City) providing for the joint County, Florida (Board) and the City of Clearwater (City) providing for the joint County, Florida (Board) and the City of Clearwater (City) providing for the joint use of facilitiesretroactively to January 1, 2012 through December 31, 2016 and retroactively to January 1, 2012 through December 31, 2016 and retroactively to January 1, 2012 through December 31, 2016 and authorize the appropriate officials to execute same. (consent) authorize the appropriate officials to execute same. (consent) authorize the appropriate officials to execute same. (consent) 9.8 Approve a 1-year agreement with the Junior League of Clearwater-Dunedin, Inc. year agreement with the Junior League of Clearwateryear agreement with the Junior League of ClearwaterDunedin, Inc. Dunedin, Inc. - (JLCD), Eckerd Youth Alternatives, Inc. (EYA) and Camelot Community Care, (JLCD), Eckerd Youth Alternatives, Inc. (EYA) and Camelot Community Care, (JLCD), Eckerd Youth Alternatives, Inc. (EYA) and Camelot Community Care, Inc. (CCC) and the City, from October 1, 2012 to September 30, 2013, to Inc. (CCC) and the City, from October 1, 2012 to September 30, 2013, to Inc. (CCC) and the City, from October 1, 2012 to September 30, 2013, to provide programming to serve young people and families in the foster care provide programming to serve young people and families in the foster care provide programming to serve young people and families in the foster care system at the Ross Norton Recreation and Aquatic Complex and authorize the system at the Ross Norton Recreation and Aquatic Complex and authorize the system at the Ross Norton Recreation and Aquatic Complex and authorize the appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) 9.9 Approve a contract in the amount of $473,263.50 with the Pinellas County Approve a contract in the amount of $473,263.50 with the Pinellas County Approve a contract in the amount of $473,263.50 with the Pinellas County 9.9 9.9 Sheriff’sOffice, Largo, Florida for latent fingerprint, crime scene processing Sheriff’sOffice, Largo, Florida for latent fingerprint, crime scene processing Office, Largo, Florida for latent fingerprint, crime scene processing services, evidence and property storage and Pinellas Juvenile Assessment services, evidence and property storage and Pinellas Juvenile Assessment services, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, Center services, during the oneCenter services, during the oneyear contract period commencing October 1, year contract period commencing October 1, -- 2012 through September 30, 2013, and authorize the appropriate officials to 2012 through September 30, 2013, and authorize the appropriate officials to 2012 through September 30, 2013, and authorize the appropriate officials to execute same. (consent) execute same. (consent) execute same. (consent) 9.10 Approve the renewal of a Software Support Agreement for the TriTech System, 9.10 9.10 Approve the renewal of a Software Support Agreement for the TriTech System, Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $162,672.56, for a 12-month period beginning October 1, 2012 in the amount of $162,672.56, for a 12in the amount of $162,672.56, for a 12 and ending September 30, 2013, and authorize the appropriate officials to and ending September 30, 20and ending September 30, 20 execute same. (consent) execute same. (consent) execute same. (consent) 9.11 Approve Change Order 4 to Central Florida Contractors, Inc. of Seminole, Approve Change Order 4 to Central Florida Contractors, Inc. of Seminole, Approve Change Order 4 to Central Florida Contractors, Inc. of Seminole, Florida for the 2011 Sidewalk Contract (11-0012-EN) in the amount of Florida for the 2011 Sidewalk Contract (11Florida for the 2011 Sidewalk Contract (11 Florida for the 2011 Sidewalk Contract (11Florida for the 2011 Sidewalk Contract (11 $400,000.00, for a new contract total of $1,025,169.00; approve a time extension $400,000.00, for a new contract total of $1,025,169.00; approve a time extension $400,000.00, for a new contract total of $1,025,169.00; approve a time extension of 180 days to allow for completion of the additional work and authorize the appropriate officials to execute same. (consent) Council 2012-09-2010 Item # 5 Attachment number 1 \nPage 11 of 17 9.12 Approve Legal Services Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental matters for a three-year period, in the amount of $150,000.00 and authorize the appropriate officials to execute same. (consent) 9.13 Reappoint Councilmember Bill Jonson to the Pinellas Suncoast Transit Authority Reappoint Councilmember Bill Jonson to the Pinellas Suncoast Transit Authority Reappoint Councilmember Bill Jonson to the Pinellas Suncoast Transit Authority for a three year term starting October 1, 2012 and expiring on September 30, for a three year term starting October 1, 2012 and expiring on September 30, for a three year term starting October 1, 2012 and expiring on September 30, 2015. (consent) 9.14 Appoint Lynn F. Sumerson to the Environmental Advisory Board with term to Appoint Lynn F. Sumerson to the Environmental Advisory Board with term to Appoint Lynn F. Sumerson to the Environmental Advisory Board with term to expire September 30, 2016. (consent) 9.15 Approve the Mayor's appointment of John Doran to the Clearwater Housing Approve the Mayor's appointment of John Doran to the Clearwater Housing Approve the Mayor's appointment of John Doran to the Clearwater Housing Authority Board with term to expire September 30, 2016. (consent) Authority Board with term to expire September 30, 2016. (consenAuthority Board with term to expire September 30, 2016. (consent) t) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as DiPolito moved to approve the Consent Agenda as DiPolito moved to approve the Consent Agenda as submitted, less Item 9.4, and authorize the appropriate officials to execute same. The submitted, less Item 9.4, and authorize the appropriate officials to execute same. The submitted, less Item 9.4, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. motion was duly seconded and carried unanimously.motion was duly seconded and carried unanimously. 9.4 Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Approve the First Amendment to the Project Agreement between the City and Phillies Florida, LLC, approving Project modifications to address environmental Florida, LLC, approving Project modifications to address environmental Florida, LLC, approving Project modifications to address environmental Phillies concerns and minimum flood plain elevations; increasing the City funding for the concerns and minimum flood plain elevations; increasing the City funding for the concerns and minimum flood plain elevations; increasing the City funding for the project from $2,900,000 to $3,250,000 from unappropriated retained earnings project from $2,900,000 to $3,250,000 from unappropriated retained earnings project from $2,900,000 to $3,250,000 from unappropriated retained earnings and authorize the appropriate officials to execute same. (consent) and authorize the appropriatand authorize the appropriate officials to execute same. (consent)e officials to execute same. (consent) On December 1, 2011, the Council approved the Fourth Amendment to Sports On December 1, 2011, the Council approved the Fourth Amendment to Sports On December 1, 2011, the Council approved the Fourth Amendment to Sports Facility Use Agreement between the City of Clearwater (City) and Phillies Florida Facility Use Agreement between the City of Clearwater (City) and Phillies Florida Facility Use Agreement between the City of Clearwater (City) and Phillies Florida LLC (Phillies); a Project Agreement between the City and Phillies to make certain LLC (Phillies); a Project Agreement between the City and LLC (Phillies); a Project Agreement between the City and improvements at Carpenter Complex and Bright House Networks Field (Project) in improvements at Carpenter Complex and Bright House Networks Field (Project) in improvements at Carpenter Complex and Bright House Networks Field (Project) in accordance to the Carpenter Complex Use Agreement and the Bright House accordance to the Carpenter Complex Use Agreement and the Bright House accordance to the Carpenter Complex Use Agreement and the Bright House Networks Field Use Agreement and approve funding the project for $2,900,000 Networks Field Use Agreement and approve funding the project for $2,900,000 Networks Field Use Agreement and approve funding the project for $2,900,000 from unappropriated retained earnings. from unappropriated retained earnings. unappropriated retained earnings. Since that time, the planning, development, permitting and construction of the Since that time, the planning, development, permitting and construction of the Since that time, the planning, development, permitting and construction of the project has moved forward. In the permitting phase, it was discovered that project has moved forward. In the permitting phase, it was discovered that project has moved forward. In the permitting phase, it was discovered that methane gas was present on the site. DEP (Department of Environmental methane gas was present on the site. DEP (Department of Enmethane gas was present on the site. DEP (Department of En Protection) has approved a gas vapor intrusion detection and mitigation system to Protection) has approved a gas vapor intrusion detection and mitigation system to Protection) has approved a gas vapor intrusion detection and mitigation system to be installed in the Training Building portion of the Project. The project had not be installed in the Training Building portion of the Project. The project had not be installed in the Training Building portion of the Project. The project had not anticipated this cost since methane had not previously been detected on the site. anticipated this cost since methane had not previously been detected on the sianticipated this cost since methane had not previously been detected on the si In order to keep the project on schedule, the investigation, design work and estimates to construct the gas system were completed and permitted at a cost of $115,000. The City is responsible for environmental matters arising on the site in Council 2012-09-2011 Item # 5 Attachment number 1 \nPage 12 of 17 accordance with the Carpenter Complex and Bright House Field Use Agreements. In addition, the original elevation of the new training facility was established at 23 feet, which is 1 foot higher than the 100-year flood plain elevation of 22 feet, and was an acceptable elevation from an engineering and design perspective. However, in June of 2012, Tropical Storm Debby impacted the subject site such However, in June of 2012, Tropical Storm Debby impacted the subject site such that several rooms at Bright House Network Fields, the maintenance building at that several rooms at Bright House Network Fields, the maintenance building at that several rooms at Bright House Network Fields, the maintenance building at Carpenter, and 70% of Carpenter Field including the location for the new training Carpenter, and 70% of Carpenter Field including the location for the new training Carpenter, and 70% of Carpenter Field including the location for the new training facility were flooded. In accordance with both the Carpenter Complex and Bright facility were flooded. In accordance with both the Carpenter Complex and Bright facility were flooded. In accordance with both the Carpenter Complex and Bright House Field Use Agreements, the City is responsible for the repair and rebuilding House Field Use Agreements, the City is responsible for the repair and rebuilding House Field Use Agreements, the City is responsible for the repair and rebuilding of the subject facilities should such facilities be destroyed by flood or other similar ties be destroyed by flood or other similar ties be destroyed by flood or other similar cause. Therefore, City staff and its consultants recommend that the new building cause. Therefore, City staff and its consultants recommend that the new building cause. Therefore, City staff and its consultants recommend that the new building be elevated to 25.5 feet to preserve the City’s asset and minimize the possibility of s asset and minimize the possibility of s asset and minimize the possibility of future damage and the related extensive coststhe City would be obligated to pay. the City would be obligated to pay. the City would be obligated to pay. future damage and the related extensive costs The city will pay up to $235,000 to elevate the building the additional 2.5 feet and The city will pay up to $235,000 to elevate the building the additional 2.5 feet and The city will pay up to $235,000 to elevate the building the additional 2.5 feet and any cost above this amount will be covered by the Phillies. any cost above this amount will be covered by the Phillies. any cost above this amount will be covered by the Phillies. Staff is recommending that the City’s contribution to the project be increased from ’s contribution to the project be increased from s contribution to the project be increased from Staff is recommending that the City $2.9 million to $3,250,000 to cover costs of the gas mitigation system ($115,000) $2.9 million to $3,250,000 to cover costs of the gas mitigation system ($115,000) $2.9 million to $3,250,000 to cover costs of the gas mitigation system ($115,000) and up to $235,000 to increase the floor elevation of the building by 2.5 feet. and up to $235,000 to increase the floor elevation of the building by 2.5 feet. and up to $235,000 to increase the floor elevation of the building by 2.5 feet. Funding for the project will come from unappropriated retained earnings and will Funding for the project will come from unappropriated retained earnings and will Funding for the project will come from unappropriated retained earnings and will be transferred into the project at third quarter. be transferred into the project at third quarter. be transferred into the project at third quarter. The Phillies have been managing the project and will be responsible for any The Phillies have been managing the project and will be responsible for any The Phillies have been managing the project and will be responsible for any project cost overrun above the City’s $3,250,000 contribution. If approved, a third s $3,250,000 contribution. If approved, a third s $3,250,000 contribution. If approved, a third project cost overrun above the Cityproject cost overrun above the City’ quarter budget amendment to project 315-93628, Carpenter Complex/Bright quarter budget amendment to project 315quarter budget amendment to project 31593628, Carpenter Complex/Bright 93628, Carpenter Complex/Bright - House Field Improvements in the amount of $350,000 from General Fund House Field Improvements in the amount of $350,000 from General Fund House Field Improvements in the amount of $350,000 from General Fund unappropriated retained earnings will be made. With the approval of this agenda unappropriated retained earnings will be made. With the approval of this agenda unappropriated retained earnings will be made. With the approval of this agenda item, General Fund reserves will be approximately $20.3 million, with reserves of item, General Fund reserves will be approximately $20.3 million, with reserves of item, General Fund reserves will be approximately $20.3 million, with reserves of $10.7 million over the current reserve policy. One other change to the agreement $10.7 million over the current reserve policy. One other change to the agreement $10.7 million over the current reserve policy. One other change to the agreement deals with the use of the 3,420 sq. ft. building north of the Clubhouse. The deals with the use of the 3,420 sq. ft. building north of the Clubhouse. The deals with the use of the 3,420 sq. ft. building north of the Clubhouse. The original proposal was to convert this structure into two additional indoorbatting original proposal was to convert this structure into two additional indoororiginal proposal was to convert this structure into two additional indoor tunnels, however the Phillies have since requested that this building be used as a tunnels, however the Phillies have since requested that this building be used as a tunnels, however the Phillies have since requested that this building be used as a maintenance storage facility. The Phillies will also assume the maintenance and maintenance storage facility. The Phillies will also assume the maintenance and maintenance storage facility. The Phillies will also assume the maintenance and replacement costs for the air conditioning of this space. replacement costs for the air conditioning of this space.replacement costs for the air conditioning of this space. One individual spoke in opposition and one individual spoke in support. One individual spoke in opposition and one individual spoke in support.One individual spoke in opposition and one individual spoke in support. In response to aquestion, Parks and Recreation Director Kevin Dunbar said the City In response to In response to question, Parks and Recreation Director Kevin Dunbar said question, Parks and Recreation Director Kevin Dunbar said a a owns the stadium, training building, clubhouse and fields. The Phillies/Threshers owns the stadium, training building, clubhouse and fields. The Philliesowns the stadium, training building, clubhouse and fields. The Phillies contribute $9 million annually in the Clearwater economy to purchase goods and contribute $9 million annually in the Clearwater economy to purchase goods and contribute $9 million annually in the Clearwater economy to purchase goods and services. The economic impact of Spring Training is estimated at $100 million. services. The economic impact of Spring Training is estimated at $100 million.services. The economic impact of Spring Training is estimated at $100 million. Council 2012-09-2012 Item # 5 Attachment number 1 \nPage 13 of 17 Councilmember Jay Polglaze moved to approve the First Amendment to the Project Agreement between the City and Phillies Florida, LLC,approving Project modifications to address environmental concerns and minimum flood plain elevations; increasing the City funding for the project from $2,900,000 to $3,250,000 from unappropriated retained earnings and authorize the appropriate officials to execute same.The motion was duly The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend the City’sfiscal year 2011/12 Operating and Capital Improvement fiscal year 2011/12 Operating and Capital Improvement fiscal year 2011/12 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8361-12 and 8362-12 on first Budgets at third quarter and pass Ordinances 836112 and 836212 and 836212 on first 12 on first --- reading. The fiscal year 2011/12 Operating and Capital Improvement Budgets were The fiscal year 2011/12 Operating and Capital Improvement Budgets were 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 11. Section 2.521 11. Section 2.521 adopted in September 2011 by Ordinances 8285adopted in September 2011 by Ordinances 828511 and 828611 and 8286 -- of the City’ Code of Ordinances requires the City Manager to prepare a quarterly Code of Ordinances requires the City Manager to prepare a quarterly Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of report detailing income, expenditure estimates, collections, the explanation of report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement significant variances, as well as the financial status of all capital improvement significant variances, as well as the financial status of all capital improvement projects. projects. Vice Mayor Paul Gibson moved to amend the City’s fiscal year 2011/12 Operating and Vice Mayor Paul Gibson moved to amend the City’s fiscal year 2011/12 Operating and Vice Mayor Paul Gibson moved to amend the City’s fiscal year 2011/12 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and Capital Improvement Budgets at third quarter. The motion was Capital Improvement Budgets at third quarter. The motion was dd uly seconded and uly seconded and carried unanimously. carried unanimcarried unanimously.ously. Ordinance 8361-12 was presented and read by title only. Councilmember Bill Jonson Ordinance 836112 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson - moved to pass Ordinance 8361-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8361moved to pass Ordinance 8361 12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember rge N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None.None. "Nays""Nays" :: Ordinance 8362-12 was presented and read by title only. Councilmember Doreen Ordinance 8362Ordinance 8362 Hock-DiPolito movedto pass Ordinance 8362-12 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2012-09-2013 Item # 5 Attachment number 1 \nPage 14 of 17 "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. 10.2 Approve the Capitol Theatre Operating Agreement between the City of between the City of between the City of Clearwater and Ruth Eckerd Hall, Inc., authorize advance of $ 4,412,209 from Clearwater and Ruth Eckerd Hall, Inc., authorize advance of $ 4,412,209 from Clearwater and Ruth Eckerd Hall, Inc., authorize advance of $ 4,412,209 from Central Insurance Fund reserves to Capital Project 315-93623 to complete Central Insurance Fund reserves to Capital Project 315Central Insurance Fund reserves to Capital Project 315 93623 to complete 93623 to complete -- funding of the project as delineated in the First Amended Memorandum of funding of the project as delineated in the First Amended Memorandum of funding of the project as delineated in the First Amended Memorandum of Agreement between the Parties, and the provisions of this Operating Agreement, Agreement between the Parties, and the provisions of this Operating Agreement, Agreement between the Parties, and the provisions of this Operating Agreement, and authorize the appropriate officials to execute same. and authorize the appropriate officials to execute same. and authorize the appropriate officials to execute same. In 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas n 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas n 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas (Penny) III funds for a $4 million improvement to the Education center at the (Penny) III funds for a $4 million improvement to the Education center at the (Penny) III funds for a $4 million improvement to the Education center at the Marcia Hoffman Institute at Ruth Eckerd Hall. Subsequently, in 2008 the City of Marcia Hoffman Institute at Ruth Eckerd Hall. Subsequently, in 2008 the City of Marcia Hoffman Institute at Ruth Eckerd Hall. Subsequently, in 2008 the City of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Understanding (MOU) concerning the acquisition, renovation, operation, Understanding (MOU) concerning the acquisition, renovation, operation, Understanding (MOU) concerning the acquisition, renovation, operation, maintenance and temporary utilization of the properties known as the Capitol maintenance and temporary utilization of the properties known as the Capitol maintenance and temporary utilization of the properties known as the Capitol Theatre and the Lokey Building (403 and 401 Cleveland Street). It was Theatre and the Lokey Building (403 and 401 Cleveland Street). ITheatre and the Lokey Building (403 and 401 Cleveland Street). I t was anticipated that the subject properties would be incorporated into an expanded anticipated that the subject properties would be incorporated into an expanded anticipated that the subject properties would be incorporated into an expanded and renovated Capitol Theatre to be owned by the City and operated by Ruth and renovated Capitol Theatre to be owned by the City and operated by Ruth and renovated Capitol Theatre to be owned by the City and operated by Ruth Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later in 2008, followed by a transition in leadership at Ruth Eckerd Hall, the in 2008, folloin 2008, follo wed by a transition in leadership at Ruth Eckerd Hall, the wed by a transition in leadership at Ruth Eckerd Hall, the opportunity to move forward with a contemplated fund raising campaign by Ruth opportunity to move forward with a contemplated fund raising campaign by Ruth opportunity to move forward with a contemplated fund raising campaign by Ruth Eckerd Hall was interrupted and the purposes of the MOU and the Penny III Eckerd Hall was interrupted and the purposes of the MOU and the Penny III Eckerd Hall was interrupted and the purposes of the MOU and the Penny III project were largely unrealized. project were largely unrealized. project were largely unrealized. The City purchased the 403 and 401 properties and the theater is being operated The City p urchased the 403 and 401 properties and the theater is being operated urchased the 403 and 401 properties and the theater is being operated on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have remained dormant. Under the leadership of a new President/CEO of Ruth Eckerd remained dormant. Under the leadership of a new President/CEO of Ruth Eckerd remained dormant. Under the leadership of a new President/CEO of Ruth Eckerd Hall, a new capital and renovationstrategy has been developed involving both Hall, a new capital and renovationHall, a new capital and renovation the Capitol Theatre and Ruth Eckerd Hall per se. Ruth Eckerd Hall wishes to the Capitol Theatre and Ruth Eckerd Hall per se. Ruth Eckerd Hall wishes to the Capitol Theatre and Ruth Eckerd Hall per se. Ruth Eckerd Hall wishes to move forward during the next several years with renovation of both facilities move forward during the next several years with renovation of both facilities move forward during the next several years with renovation of both facilities under a redesigned and expanded concept. under a redesigned and expanded concept. under a redesigned and expanded concept. This led to a renegotiation of both the MOU and the relative participation of the This led to a renegotiation of both the MOU and the relative participation of the This led to a renegotiation of both the MOU and the relative participation of the parties in the Capitol Theatre project and the Penny III appropriation, in order to parties in the Capitol Theatre project and the Penny III appropriation, in order to parties in the Capitol Theatre project and the Penny III appropriation, in order to more efficiently and effectively facilitate successful completion of the two facility more efficiently and effectively facilitate successful completion of the two facility more efficiently and effectively facilitate successful completion of the two facility renovations and capital funding. Key provisions of the Operating Agreement are: Council 2012-09-2014 Item # 5 Attachment number 1 \nPage 15 of 17 - 30-year term of Agreement; - Ruth Eckerd Hall assumes full responsibility for operation, maintenance and capital repairs to the facility; - A $3 million Reserve Fund is to be established, to be funded entirely by Ruth Eckerd Hall, and to be used to insure no operational, maintenance or Ruth Eckerd Hall, and to be used to insure no operational, maintenance or capital contributions by the City; - The adequacy of the Reserve Fund total will be reviewed and adjusted, as The adequacy of the Reserve Fund total will be reviewed and adjusted, as The adequacy of the Reserve Fund total will be reviewed and adjusted, as appropriate, at least every five years; - Ruth Eckerd Hall will initially contribute $1million to the Reserve Fund Ruth Eckerd Hall will initially contribute $1million to the Reserve Fund Ruth Eckerd Hall will initially contribute $1million to the Reserve Fund upon completion of construction; $500, 000 each of the next two years; upon completion of construction; $500, 000 each of the next two years; upon completion of construction; $500, 000 each of the next two years; and, 100,000 each of the next 10 years to reach the $3 million and, 100,000 each of the next 10 years to reach the $3 million and, 100,000 each of the next 10 years to reach the $3 million requirement; at the end of the 30-year period, any funds remaining after year period, any funds remaining after year period, any funds remaining after satisfying the terms of the Agreement will be returned to Ruth Eckerd Hall; satisfying the terms of the Agreement will be returned to Ruth Eckerd Hall;satisfying the terms of the Agreement will be returned to Ruth Eckerd Hall; - Ruth Eckerd Hall will submit to the City Manager for approval, annually, Ruth Eckerd Hall will submit to the City Manager for approval, annually, Ruth Eckerd Hall will submit to the City Manager for approval, annually, the following materials to assure operation and maintenance of the facility to assure operation and maintenance of the facility to assure operation and maintenance of the facility in a manner comparable to similar performance venues: a proposed in a manner comparable to similar performance venues: a proposed in a manner comparable to similar performance venues: a proposed operating budget, management plan, marketing plan, capital maintenance operating budget, management plan, marketing plan, capital maintenance operating budget, management plan, marketing plan, capital maintenance schedule, capital improvement plan and staffing plan; schedule, capital improvement plan and staffing plan;schedule, capital improvement plan and staffing plan; - RuthEckerd Hall agrees to a minimum annual performance schedule of Eckerd Hall agrees to a minimum annual performance schedule of Eckerd Hall agrees to a minimum annual performance schedule of 100 performances, of which at least 75 shall be self-produced events; 100 performances, of which at least 75 shall be self100 performances, of which at least 75 shall be selfproduced events;produced events; -- - The City shall have access to the facility for governmental purposes, The City shall have access to the facility for governmental purposes, The City shall have access to the facility for governmental purposes, based upon availability, and at reduced and/or no cost as prescribed in the based upon availability, and at reduced and/or no cost as prescribed in the based upon availability, and at reduced and/or no cost as prescribed in the Agreement; Agreement; - Ruth Eckerd Hall shall have sole administrative and artistic control of their Ruth Eckerd Hall shall have sole administrative and artistic control of their Ruth Eckerd Hall shall have sole administrative and artistic control of their 100 events. 100 events. 100 events. In order to fully fund the City commitment to the project, and the acquisition of the In order to fully fund the City commitment to the project, and the acquisition of the In order to fully fund the City commitment to the project, and the acquisition of the 409 Cleveland Street project, advance of $4,412,209 from Central Insurance 409 Cleveland Street project, advance of $4,412,209 from Central Insurance 409 Cleveland Street project, advance of $4,412,209 from Central Insurance Fund reserves is necessary. $4,000,000 of this advance will be returned to the Fund reserves is necessary. $4,000,000 of this advance will be returned to the Fund reserves is necessary. $4,000,000 of this advance will be returned to the Fund when Penny for Pinellas III appropriations designated for the Capitol Fund when Penny for Pinellas III appropriations designated for the Capitol Fund when Penny for Pinellas III appropriations designated for the Capitol Theatre and Ruth Eckerd Hall are available. Thisis contingent on $500,000 of Theatre and Ruth Eckerd Hall are available. ThisTheatre and Ruth Eckerd Hall are available. This monies currently designated for Ruth Eckerd Hall being re-designated for Capitol monies currently designated for Ruth Eckerd Hall being remonies currently designated for Ruth Eckerd Hall being re Theater at a future date. A City Project Funding Summary delineates the status Theater at a future date. A City Project Funding Summary delineates the status Theater at a future date. A City Project Funding Summary delineates the status of the City commitment (Attachment A). The City’s total obligationto fund of the City commitment (Attachment A). The Cityof the City commitment (Attachment A). The City renovation and construction costs per se remains at $7,112,209.Staff renovation and construction costs per se remains at $7,112,209.Staff renovation and construction costs per se remains at $7,112,209.Staff recommends approval of the Operating Agreement and the Central Insurance recommends approval of the Operating Agreement and the Central Insurance recommends approval of the Operating Agreement and the Central Insurance Fund advance. Fund advance. Fund advance. The City Attorney reviewed the agreement details. The City Attorney reviewed the agreement details. The City Attorney reviewed the agreement details. In response to questions, the City Attorney said Ruth Eckerd Hall has agreed to a 10- In response to questions, the City Attorney said Ruth Eckerd Hall In response to questions, the City Attorney said Ruth Eckerd Hall year projectionof planned capitol improvements to the facility, including projected year projection funding sources. Ruth Eckerd Hall has requested to use the parking area in front of City Council 2012-09-2015 Item # 5 Attachment number 1 \nPage 16 of 17 Hall; the City has approved therequest when the parking area is not used for city business or during city-sponsored events held at Coachman Park. One individual spoke in support. Councilmember Jay Polglaze moved to approve the Capitol Theatre Operating Councilmember Jay Polglaze moved to approve the Capitol Theatre Operating Councilmember Jay Polglaze moved to approve the Capitol Theatre Operating Agreement between the City of Clearwater and Ruth Eckerd Hall, Inc., authorize Agreement between the City of Clearwater and Ruth Eckerd Hall, Inc., authorize Agreement between the City of Clearwater and Ruth Eckerd Hall, Inc., authorize advance of $ 4,412,209 from Central Insurance Fund reserves to Capital Project 315- advance of $ 4,412,209 from Central Insurance Fund reserves to Capital Project 315advance of $ 4,412,209 from Central Insurance Fund reserves to Capital Project 315 -- 93623 to complete funding of the project as delineated in the First Amended 93623 to complete funding of the project as delineated in the First Amended 93623 to complete funding of the project as delineated in the First Amended Memorandum of Agreement between the Parties, and the provisions of this Operating Memorandum of Agreement between the Parties, and the provisions of this Operating Memorandum of Agreement between the Parties, and the provisions of this Operating Agreement, and authorize the appropriate officials to execute same. The motion was Agreement, and authorize the appropriate officials to execute sameAgreement, and authorize the appropriate officials to execute same. The motion was . The motion was duly seconded and carried unanimously. 10.3 Amend the Clearwater Code of Ordinances, Division 7 -Section 2.194, updating Amend the Clearwater Code of Ordinances, Division 7 Section 2.194, updating Section 2.194, updating - the meeting frequency of the Library Advisory Board to quarterly and pass the meeting frequency of the Library Advisory Board to quarterly and pass the meeting frequency of the Library Advisory Board to quarterly and pass Ordinance 8360-12 on first reading. 12 on first reading. The Library Advisory Board (Board) has been meeting quarterly since January The Library Advisory Board (Board) has been meeting quarterly since January The Library Advisory Board (Board) has been meeting quarterly since January 2008 due staffing reductions. Ordinance 8360-12 amends the Code of 2008 due staffing reductions. Ordinance 83602008 due staffing reductions. Ordinance 836012 amends the Code of 12 amends the Code of - Ordinances, Section 2.194, to reflect the current meeting frequency. Ordinances, Section 2.194, to reflect the current meeting frequency.Ordinances, Section 2.194, to reflect the current meeting frequency. Prior to 2008, the Board met monthly from September through May. Prior to 2008, the Board met monthly from September through May.Prior to 2008, the Board met monthly from September through May. Councilmember Bill Jonsonmoved to amend the Clearwater Code of Ordinances, Councilmember Bill JonsonCouncilmember Bill Jonsonmoved to amoved to ad the Clearwater Code of Ordinances, d the Clearwater Code of Ordinances, men Division 7 - Section 2.194, updating the meeting frequency of the Library Advisory Division 7 Division 7 Section 2.194, updating the meeting frequency of the Library Advisory Section 2.194, updating the meeting frequency of the Library Advisory - Board to quarterly. The motion was duly seconded and carried unanimously. Board to quarterlyBoard to quarterly. The motion was duly seconded and carried unanimously.. The motion was duly seconded and carried unanimously. Ordinance 8360-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8360 12 was presented and read by title only. Vice Mayor Paul Gibson 12 was presented and read by title only. Vice Mayor Paul Gibson - moved to pass Ordinance 8360-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8360moved to pass Ordinance 836012 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, DiPolito, Councilmember Bill Jonson, -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None.None. "Nays""Nays" :: Miscellaneous Reports and Items Miscellaneous Reports and ItemsMiscellaneous Reports and Items 11. City Manager Verbal Reports–None. 12. Closing Comments by Mayor Council 2012-09-2016 Item # 5 Attachment number 1 \nPage 17 of 17 Mayor George N. Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting was adjourned at 7:26p.m. Mayor Attest City of Clearwater City of Clearwater City Clerk Council 2012-09-2017 Item # 5 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award the Construction Manager (CM) at Risk contract to Biltmore Construction, of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price (GMP) of $10,924,121; approve a supplemental work order to HDR Engineering for $429,404; establish a final project budget of $13,301,250, recognizing a project budget increase of $5,243,730; authorize a loan from the Central Insurance Fund in the amount of $5,243,730 at the cash pool rate and authorize the appropriate officials to execute same. SUMMARY: Fire Station 45 project includes construction of a new 32,800 square foot, 3-story station on Court Street and Madison Avenue. The station will be a category 5 building with expectations of a Leadership in Energy and Environmental Design (LEED) Silver certification. The station includes four vehicle bays and support offices on the first floor, firefighter living quarters on the second floor, and administrative and fire prevention offices on the third floor. Biltmore Construction, as the Construction Manager, has reviewed design plans and submitted a GMP. The GMP includes the actual price paid for the work (all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs) plus the Construction Managers fees. The CM at Risk contract allows for management fees of 4% of the GMP to construct the project. The construction phase is one year. The supplemental work order for HDR includes additional design fees and construction phase services, including required LEED commissioning. The current project budget in capital project 315-91253, Main Fire Station, is $8,057,520. Additional funding of $5,243,730 is necessary to provide for the total capital funding needed of $13,301,250. At first quarter, this additional funding will be provided by a loan from the Central Insurance Fund in the amount of $5,243,730 with interest paid at the cash pool rate. Penny for Pinellas Funds representing the Gulf Boulevard reimbursement from Pinellas County are recommended to fund the repayment of the loan and the related interest payments of approximately $416,413, for a total additional use of $5,660,143 in Penny for Pinellas funding. Under the Gulf Boulevard agreement, the City will receive $6,708,380 between fiscal year 2012/13 and 2018/19 as outlined in the attached worksheet. The Central Insurance Fund will be repaid for the loan in the first six years as the reimbursement proceeds are received. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: $11,353,525 Not to Exceed:Total Cost: $11,353,525$11,353,525 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0315-91253-563600-522-000-$10,924,121See summary 0000 Cover Memo 0315-91253-561100-522-000-$ 429,404See summary 0000 Item # 6 Review Approval: Attachment number 1 \nPage 1 of 10 Item # 6 Attachment number 1 \nPage 2 of 10 Item # 6 Attachment number 1 \nPage 3 of 10 Item # 6 Attachment number 1 \nPage 4 of 10 Item # 6 Attachment number 1 \nPage 5 of 10 Item # 6 Attachment number 1 \nPage 6 of 10 Item # 6 Attachment number 1 \nPage 7 of 10 Item # 6 Attachment number 1 \nPage 8 of 10 Item # 6 Attachment number 1 \nPage 9 of 10 Item # 6 Attachment number 1 \nPage 10 of 10 Item # 6 Attachment number 2 \nPage 1 of 16 HDREngineering, Inc. 3´¯¯«¤¬¤­³ « 7/2+ /2$%2 ).)4)!4)/. &/2- ¥®± ³§¤ #)49 /& #,%!27!4%2 Date: 09/17/2012 HDR Project Number: 008898-162396 City Project Number: 09-0036-FD 1.02/*%#4 4)4,% FIRE STATION 45 DESIGN 2.3#/0% /& 3%26)#%3 The services described herein are required due to circumstances considered Additional Services / Change in Services to the work with a previously approved City Work Order. I.PRE-DESIGN PHASE Pre-design phase for this project has been completed in accordance wpreviously approved Work Order. II.DESIGN PHASE 1.Modify the Design Development (DD) Documents for the FIRE STATION 45 DESIGN issued and dated 11/03/2011 as required to coordinate with the Citys approved building exterior redesign, the DRC & CDB reviews, budget modifi the previously completed Design Development documents made neces modifications. This scope of work includes the following tasks: a.Architectural: i.Re-coordination the structural; and the mechanical, electrical, plu protection (MEP & FP) Engineering due to redesign of the architectural exterior envelope changes and the building location and shape. ii.Revise architectural and interior design plans required coordination with approved exterior building redesign. iii.Revise Architectural building sections and wall sections. b.MEP, FP and Telecommunications Engineering: i.Re-coordination of mechanical, electrical, plumbing, fire protection and telecommunication documents relative to architectural changes to location, shape internal plan changes. ii.Revise design development detailed load calculations in order to sizing of HVAC equipment for the facility. This service shall include preparation Item # 6 1 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 2 of 16 of ventilation calculations in compliance with the ASHRAE Standa preparation of energy calculations for compliance with the 2010 Code. It should be noted due to the significant changes to the building exterior skin and a lot more glazing our original calculations will need redone. iii.Revise the design development documents updating the design and of a complete HVAC system for the facility, where the new calculations require CFM and equipment specification revisions. Update large scale pl mechanical spaces, sections, installation details, and schedules Revise written specifications to agree with modifications requirde revisions. iv.Re-coordinate utility points of connection due to the architectural to the building geometry and location. v.Reevaluation of hydraulic calculations for the facility in accor 13, and revise the hydraulic calculations as required vi.Assist Architect with their updating of the LEED design criteria revisions and exterior re-design of the facility. vii.Revise project energy model due to redesign and new code require 2.Precast Design Criteria Package - Preparation of the precast design criteria and the building foundation system. Scope includes coordination and planning modification to accommodate new column locations and sizes; evaluation of associ coordination of floor penetration with precast elements; and design modification required for vertical structural changes and coordination of bui This Scope of work requires the Citys Construction Contractor to provide all project building structural engineering, construction permit documents, structural steel coordination, including the complete foundation HDR structural engineering design criteria documents. Further, tion requires the Citys Construction Contractor to provide for subcontractor construction coordination documents based on the Architects and Architectural Engineering Consultants (A/Es) completed construction documents being prepared in accordance with a separate Work Order. III.FINAL DESIGN PHASE Final design phase services shall include incorporation of the D Design Development (DD) Documents as described by this work order, in accordance with the requirements of the previously approved Work Order for this IV.BIDDING PHASE Bidding phase services shall be provided in accordance with the requirements of the previously approved Work Order for this project. Item # 6 2 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 3 of 16 V.CONSTRUCTION PHASE Construction Contract Administration Services (CCA) as defined by Attachment C attached herein. a.Provide an early site work permit document package prior to comp Construction Contract Document and prior to commencement of othection Contract Administration Services. This service includes providing an initial site work permit package based on preliminary precast structural design in final site work package required by the final precast structuralon. This service includes a review of the geotechnical foundation re the event the design loads exceed 10% of those used for the orig recommendations. b.CCA Commissioning Services as required to meet the USGBC LEED Si requirements. c.CCA Services to be provided by Civil Engineering, Architectural Architecture, Interior Design; Mechanical, Electrical, Plumbing, and Fire Protection Engineering; Sustainability, and Traffic Signeering. d.CCA Services for Sustainable Design - The stated goal of the project is to achieve a minimum of a LEED Silver Certification. Services include guidanc contractor for required LEED construction phase documentation, p administrative support for the LEED certification process, and c multi-disciplinary team integral in achieving the owners environmenta through a collaborative process. i.LEED Construction Coordination ii.Provide tools needed for the Contractor to track the progress on their assigned credits. Review LEED-related submittals as identified in the project specifications. iii.Provide monthly coordination meetings to facilitate LEED constru administration iv.Provide necessary documentation as pertains to chosen LEED credits that the LEED Project Administrator is uniquely qualified to provide. v.Craft questions to USGBC for clarification or interpretation of as it pertained to the project. vi.Collect documentation from the project team and organize information into correct format for submission to USGBC. Track team progress towa completion of required documentation, develop, and maintain a li required information and review with the project team. e.Post-Construction: LEED Construction Documentation and Submittal i.Coordinate construction documentation for LEED Construction Subm ii.Adjudicate comments from USGBC after original submission for the Construction Submission review, track the LEED review progress, documentation with additional information as required to obtain final approval of the Submitted credits. Manage the appeals process af Construction Submission re-submittal if required. Item # 6 3 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 4 of 16 3.02/*%#4 '/!,3 a.Design Phase Modified Design Development (DD) Documents for the FIRE STATION 45 DESIGN issued and dated 11/03/2011 as required to coordinate wit building exterior redesign, the DRC & CDB reviews, budget modifi previously completed Design Development documents made necessary by those modifications. b.Provide administration of the Contract between the Owner and the construction of Fire Station 45 as defined by the Construction D A/E and to provide services more fully described by Attachment C. 4.BUDGET: This price includes all labor and expenses anticipated to be incHDR Engineering, inc for the completion of these tasks in accordance with Professional Services Method B  Lump Sum  Percentage of Completion by Task, for a fee of four hundred two thousand six hundred eighty Dollars ($402,680), and not to exceed fees for task allowances totaling twenty six thousand seven hundred twenty four Dollars ($26,724). The Following permit application and other fees will be paid by the consultant and invoiced to the City as a reimbursable: a)Application Fees for LEED registration & Certification: The following assumptions are included: 1.The City will assign HDR as GBCI LEED agent as required to be eligible for the reduced costs listed below and included herein. 2.The fees listed do not included expedited reviews and scheduling a.USGBC registration provided under previous work order b.Design review $2,000 c.Construction review $500 d.Appeals for: i. Complex credit $800/credit. This proposal assumes 2 complex credit appeals will be required. ii.All other credits $500/credit, not included in this proposal e.LEED interpretations $180/credit, not included in this proposal f.Project formalized CIRs $220/credit. This proposal assumes 2 CIRs will be required. b)Project permit application fees: a.City of Clearwater Building permit fees are not included b.FDOT permit fee is not required and not included c.FDEP NOI NPDES permit will be provided by Contractor and is not included d.FDEP Water Permit $650 e.FDEP Sewer Permit $250 Item # 6 4 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 5 of 16 5.SCHEDULE: The project is to be completed 493 calendar days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Modify the Design Development (DD) Document 28 calendar days Final construction documents 100 calendar days Construction Contract Administration (CCA) 365 calendar days 6.34!&& !33)'.-%.4 (#®­²´«³ ­³) HDR Architecture: Stephen Panzarino, Project Managing Principal Alan C. Temple, Project Manager Thomas Chapuis, Project Designer Munira Rawat, Sustainable Project Manager William Burke, Landscape Architect Eric Krumm, Construction Contract Administrator SSRCx, LLC: Colleen Smith  Commissioning Agent Hamilton Engineering & Surveying, Inc. Lucas Carlo, Civil Engineer Grimail Crawford, Inc. Rob R. Swann, P.E., Sr. Traffic Engineer TLC Engineering: Raymond Stacey, Sr. Electrical PM Rob Shorey, Plumbing Engineer Clayton Scelzi, Mechanical Engineer Santiago Beron, Telecommunication, and Security Engineer 7.#/22%30/.$%.#%2%0/24).' 0ROCEDURES: ENGINEERs project correspondence shall be directed to: Alan C. Temple, Project Manager All City project correspondence shall be directed to: Tara Kivett with copies to others as may be appropriate. 8.).6/)#).'&5.$).' 02/#%$52%3 Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Jo Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Contingency services will be billed as incurred only after writtrovided by the City to proceed with those services. City Invoicing Code: 0-315-91253-561100-522-000-0000 Item # 6 5 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 6 of 16 9.).6/)#).' 02/#%%$52%3 At a minimum, in addition to the invoice amount(s) the following on all invoices submitted on the Work Order: A.Purchase Order Number and Contract Amount. B.The time period (begin and end date) covered by the invoice. C.A short narrative summary of activities completed in the time pe D.Contract billing method  Lump Sum E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks F.If the Work Order is funded by multiple funding codes, an itemiznvoice amounts by funding code. 10.30%#)!, #/.3)$%2!4)/.3 Intentionally left blank PREPARED BY: APPROVED BY: ________________________ ________________________ Stephen Panzarino Michael D. Quillen, PE Managing Principal City Engineer HDR Architecture, inc. City of Clearwater ___________________ ___________________ Date Date Item # 6 6 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 7 of 16 Attachment A #)49 /& #,%!27!4%2 %.').%%2).' $%0!24-%.4 7/2+ /2$%2 ).)4)!4)/. &/2- #)49 $%,)6%2!",%3 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to Nort Datum of 1988 (vertical) and North American Datum of 1983/90 (ho The unit of measurement shall be the United States Foot. Any deviation from accepted unless reviewed by City of Clearwater Engineering/Geogr Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36"30 x 42 at a scale of 1" = 20 unless approved otherwise. Upon completion the consultant shall digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is cu NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP file or pen schedule for plotting. The drawing file shall includ types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4 Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 6 7 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 2 \nPage 8 of 16 Attachment{.| WORKORDERINITIATIONFORM PROJECTBUDGET Item # 6 8of16 120917fs45cn005workorderdraft.docxformrevised:8/9/2012 Attachment number 2 \nPage 9 of 16 Attachment C &)2% 34!4)/. “” $%3)'. 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6 16 of 16 120917 fs45 workorder form revised: 8/9/2012 Attachment number 3 \nPage 1 of 1 Item # 6 Penny for Pinellas - Proposed Funding for October 2012 Public He Fiscal Years 2012/13 - 2019/20 Penny III Proposed Penny III Approved ChangesRevised Total Projects Projects2012/132013/142014/152015/162016/172017/182018/192019/20Approved Beginning Balance: 4,497,552 3,148,787 2,536,193 2,354,761 354,582 33,104 3,256,698 3,453,297 4,497,552 Penny III Proceeds 8,381,110 8,632,543 8,891,520 9,158,265 9,433,013 9,716,004 10,007,484 4,231,940 68,451,878 Gulf Boulevard Reimbursement 670,838 670,838 670,838 670,838 1,341,676 1,341,676 1,341,676 6,708,380 Estimated Revenue 13,549,500 12,452,168 12,098,550 12,183,864 11,129,271 11,090,783 14,605,857 7,685,237 79,657,810 High Priority Downtown Intermodal Facility 5,425,000 5,425,000 5,425,000 5,425,000 Police Vehicles 900,000 900,000 300,000 200,000 200,000 100,000 100,000 900,000 Fire Engines 1,100,500 1,100,500 528,680 571,820 1,100,500 Main Fire Station - Loan repayment - 5,243,730 5,243,730 670,838 670,838 670,838 670,838 1,250,000 1,310,378 5,243,730 Main Fire Station - Interest on Loan 416,413 104,875 91,458 78,041 64,624 51,208 26,208 416,413 Countryside Fire Station 3,697,910 3,697,910 400,000 3,297,910 3,697,910 Lakeview Fire Station 4,198,460 4,198,460 400,000 3,798,460 4,198,460 Clearwater Beach Fire Station 4,305,560 4,305,560 400,000 3,905,560 4,305,560 Medium Priority City-wide Seawall Replacement 4,480,000 4,480,000 245,000 605,000 605,000 605,000 605,000 605,000 605,000 605,000 4,480,000 Traffic Calming 3,220,000 3,220,000 280,000 420,000 420,000 420,000 420,000 420,000 420,000 420,000 3,220,000 Consolidated "Eastside/SPC" Library 7,500,000 7,500,000 500,000 7,000,000 7,500,000 Countryside Library Renovation 4,700,000 4,700,000 4,700,000 4,700,000 Library Technology 1,250,000 1,250,000 1,250,000 1,250,000 Ruth Eckerd Hall 500,000 500,000 500,000 500,000 Capitol Theatre 3,500,000 3,500,000 3,500,000 3,500,000 Coachman Park Redevelopment 5,000,000 5,000,000 5,000,000 5,000,000 New Sidewalk Construction 2,833,250 2,833,250 472,000 472,000 472,000 472,000 472,000 473,250 2,833,250 Low Priority Downtown Streetscaping 6,000,000 6,000,000 2,000,000 2,000,000 2,000,000 6,000,000 Sid Lickton Complex Renovations 2,350,000 2,350,000 2,350,000 2,350,000 Youth Sports Fields Renovations 2,350,500 2,350,500 600,500 1,750,000 2,350,500 Neighborhood Parks Renovations 5,000,000 5,000,000 1,250,000 1,250,000 1,250,000 1,250,000 5,000,000 Joe DiMaggio Press Box & Storage 268,500 268,500 268,500 268,500 EC Moore 8 & 9 Renovations/Press Box 175,000 175,000 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 399,500 399,500 Countryside Plex Restroom/Concession 656,500 656,500 656,500 656,500 Bicycle Paths-Bridges 3,000,000 3,000,000 750,000 750,000 750,000 750,000 3,000,000 Total Penny III Projects 72,810,680 5,660,143 78,054,410 Planned Project Expenditures 72,810,680 5,660,143 78,054,410 10,400,713 9,915,976 9,743,789 11,829,282 11,096,168 7,834,086 11,152,560 6,498,250 78,470,823 Estimated Available Balance3,148,7872,536,1932,354,761354,58233,1043,256,6983,453,2971,186,9871,186,987 Item # 6 Attachment number 5 \nPage 1 of 1 Item # 6 Attachment number 6 \nPage 1 of 29 Item # 6 Attachment number 6 \nPage 2 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 TABLE OF CONTENTS Article 1 - Guaranteed Maximum Price (GMP) Proposal Project Summary Exhibit A – Enumeration of Documents Exhibit B - Allowance Items Exhibit C- Assumptions and Clarifications Exhibit D - Construction Schedule Exhibit E - Alternate Prices BILTMORE CONSTRUCTION CO., INC. Item # 6 1 9/17/2012 Attachment number 6 \nPage 3 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 ARTICLE 1 – Guaranteed Maximum Price (GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein, for the Ten Million Nine Hundred Twenty-Four Thousand One Guaranteed Maximum Price (GMP) of: Hundred Twenty-One Dollars ($10,924,121.00) This Price is for the performance of the Work as described herein and in accordance with the Contract Documents and Exhibits A through Exhibit E. This Guaranteed Maximum Price (GMP) proposal must be accepted in writing by the Owner on or th before November 4, 2012, after said date this Guaranteed Maximum Price (GMP) proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. By acceptance of the GMP and issuance of a Purchase Order and/or Notice to Proceed the City of Clearwater hereby will incorporate the GMP into the Agreement between Owner and Construction Manager. BILTMORE CONSTRUCTION CO., INC. Item # 6 2 9/17/2012 Attachment number 6 \nPage 4 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 GUARANTEED MAXIMUM PRICE SUMMARY Base GMP DivisionItemized Description of the Work Amount 15,920.00 1 Materials Testing 2 18,000.00 Existing Conditions – Steel Building Demolition and Pre-Demo Damage Survey Concrete – 3 Cast-in-Place Concrete 328,272.00 Precast Concrete 1,735,011.00 Polished Concrete 35,584.00 48,440.00 4 Masonry - 5 220,043.00 Metals - Structural Steel, Misc. Metals, and Stair Rails 45,235.00 6 Wood, Plastics, and Composites 7 Thermal and Moisture Protection - 596,025.00 Waterproofing, Insulation, Roofing, Aluminum Composite Panels, Firestopping, Joint Sealants Openings - 875,926.00 8 Hollow Metal Doors and Frames; Wood Doors and Hardware; Overhead Doors and Apparatus Bay Doors; Aluminum Doors and Windows; and Glass and Glazing Finishes - 857,531.00 9 Stucco, Drywall Systems, Tile, Acoustical Ceilings, Carpet, Resilient Flooring, Painting, Water Vapor Emission Control Allowance. Specialties - 411,872.00 10 Toilet Accessories, Partitions, Flagpole, Fire Ext., Signage, Plaques, Shelving, Modular Walls, Traffic Mirrors Equipment - 67,069.00 11 Parking, Kitchen, TV Brackets, Smart Boards 12 393,169.00 Furnishings - Office, Bunkrooms, Gear Lockers, Window Treatments Special Construction –223,333.00 13 Solar Hot Water Heating System Antenna Systems 86,000.00 14 Passenger Elevators - 21 Fire Protection - 82,098.00 22 214,113.00 Plumbing - 841,688.00 23 HVAC - 26,27, 28 1,095,102.00 Electric, Telecommunication Systems, Electronic Safety and Security Earthwork and Exterior Improvements, Utilities - 874,716.00 31, 32, 33 Earthwork, Site Utilities, Paving, Site Structures and Improvements, Landscaping and Irrigation "Direct Cost" Subtotal $ 9,065,147.00 Construction Contingency 634,560.00 General Conditions 633,709.00 Builder's Risk ( No deductibles are Included) NIC General Liability Insurance 100,502.00 Performance and Payment Bonds 70,045.00 Preconstruction Fee NIC 4.0% Construction Fee 420,158.00 TOTAL GUARANTEED MAXIMUM PRICE 10,924,121.00 BILTMORE CONSTRUCTION CO., INC. Item # 6 3 9/17/2012 Attachment number 6 \nPage 5 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 PROJECT SUMMARY The construction of a new approximately 33,000 SF square foot fire station/administration offices and all related site work activities to support the building at 1140 Court Street, Clearwater, Florida. The Fire Station will be attempting to achieve a Silver LEED rating through the USGBC. BILTMORE CONSTRUCTION CO., INC. Item # 6 4 9/17/2012 Attachment number 6 \nPage 6 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT A – Enumeration of Documents Contract Documents including 100 % Design Development Drawings, Specifications, Addenda, and General, Supplementary, and other Conditions of the Contract on which the Guaranteed Maximum Price (GMP) Proposal is based. See Attached BILTMORE CONSTRUCTION CO., INC. Item # 6 5 9/17/2012 Attachment number 6 \nPage 7 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 Biltmore Construction Co., Inc. 1-0948 Clearwater Fire Station #45 Note:Missing Sheets are stricken d Sheets not in index are highlighte NumberTitleDateRev. Specification 01 10 00BASIS OF STRUCTURAL DESIGN8/16/2012100% Rev DD 01 11 16WORK BY OWNER8/16/2012100% Rev DD 01 21 16CONTINGENCY ALLOWANCES8/16/2012100% Rev DD 01 23 00ALTERNATES8/16/2012100% Rev DD 01 23 04CHANGES IN WORK8/16/2012100% Rev DD 01 25 13SUBSTITUTION PROCEDURES AFTER 8/16/2012100% Rev DD EXECUTION OF CONTRACT 01 26 13REQUESTS FOR INFORMATION (RFI)8/16/2012100% Rev DD 01 29 00APPLICATIONS FOR PAYMENT AND SCHEDULE 8/16/2012100% Rev DD OF VALUES (GC) 01 31 19PROJECT MEETINGS8/16/2012100% Rev DD 01 32 16CONSTRUCTION SCHEDULES8/16/2012100% Rev DD 01 32 26PROGRESS REPORTS8/16/2012100% Rev DD 01 33 00SUBMITTAL PROCEDURES8/16/2012100% Rev DD 01 35 36LEED REQUIREMENTS8/16/2012100% Rev DD 01 42 11ABBREVIATIONS -ORGANIZATIONS AND 8/16/2012100% Rev DD STANDARDS 01 42 16DEFINITIONS8/16/2012100% Rev DD 01 43 39MOCK-UPS8/16/2012100% Rev DD 01 43 43COORDINATION DRAWINGS (GC)8/16/2012100% Rev DD 01 45 23TESTS AND INSPECTIONS8/16/2012100% Rev DD 01 50 00CONSTRUCTION FACILITIES, TEMPORARY 8/16/2012100% Rev DD CONTROLS AND UTILITIES 01 61 00ACCEPTABLE MANUFACTURERS AND 8/16/2012100% Rev DD PRODUCTS 01 65 00DELIVERY, HANDLING AND STORAGE: 8/16/2012100% Rev DD MATERIALS AND EQUIPMENT 01 73 29CUTTING AND PATCHING8/16/2012100% Rev DD 01 74 19CONSTRUCTION WASTE MANAGEMENT8/16/2012100% Rev DD 01 74 23CLEANING8/16/2012100% Rev DD 01 77 00CONTRACT CLOSEOUT (GC)8/16/2012100% Rev DD 01 78 23OPERATION AND MAINTENANCE DATA8/16/2012100% Rev DD 01 78 26INTERIOR FINISH FIRE PERFORMANCE DATA8/16/2012100% Rev D 01 78 36WARRANTIES AND GUARANTEES8/16/2012100% Rev DD 01 78 39PROJECT RECORD DOCUMENTS8/16/2012100% Rev DD 01 78 43SPARE PARTS AND MAINTENANCE MATERIALS8/16/2012100% Rev D 01 79 00SYSTEM DEMONSTRATIONS8/16/2012100% Rev DD Item # 6 Page 1 of 10 Attachment number 6 \nPage 8 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 01 81 21INDOOR AIR QUALITY MANAGEMENT (IAQ) 8/16/2012100% Rev DD DURING CONSTRUCTION 01 81 22INDOOR AIR QUALITY MANAGEMENT (IAQ) 8/16/2012100% Rev DD BEFORE OCCUPANCY 02 41 00DEMOLITION8/16/2012100% Rev DD 03 08 16CONCRETE TESTING AND EVALUATION -8/16/2012100% Rev DD CONTRACTOR 03 11 00CONCRETE FORMWORK8/16/2012100% Rev DD 03 20 00CONCRETE REINFORCING8/16/2012100% Rev DD 03 31 00CONCRETE MATERIALS AND PROPORTIONING8/16/2012100% Rev DD 03 31 10CONCRETE MIXING, PLACING, JOINTING AND 8/16/2012100% Rev DD CURING 04 05 05COLD AND HOT WEATHER MASONRY 8/16/2012100% Rev DD PROCEDURES 04 05 10MASONRY CLEANING8/16/2012100% Rev DD 04 05 13PORTLAND CEMENT-LIME (PCL) MORTARS & 8/16/2012100% Rev DD GROUT 04 05 23MASONRY ACCESSORIES8/16/2012100% Rev DD 04 21 13BRICK MASONRY8/16/2012100% Rev DD 04 22 00CONCRETE MASONRY (CMU)8/16/2012100% Rev DD 04 72 00CAST STONE8/16/2012100% Rev DD 05 12 10STRUCTURAL STEEL8/16/2012100% Rev DD 05 36 00COMPOSITE METAL FORM DECK8/16/2012100% Rev DD 05 50 10MISCELLANEOUS METAL FABRICATIONS8/16/2012100% Rev DD 05 50 13STEEL STAIRS AND RAILINGS8/16/2012100% Rev DD 06 10 53ROUGH CARPENTRY8/16/2012100% Rev DD 06 20 00FINISH CARPENTRY8/16/2012100% Rev DD 07 14 16COLD, FLUID-APPLIED WATERPROOFING8/16/2012100% Rev DD 07 21 00BUILDING INSULATION8/16/2012100% Rev DD 07 27 29FLUID-APPLIED AIR BARRIER -VAPOR 8/16/2012100% Rev DD PERMEABLE 07 42 43ALUMINUM COMPOSITE MATERIAL (ACM) 8/16/2012100% Rev DD SYSTEM 07 54 21ADHERED FELTBACK PVC ROOFING SYSTEM8/16/2012100% Rev DD 07 62 00FLASHING AND SHEET METAL8/16/2012100% Rev DD 07 72 13PREFABRICATED ROOF PORTALS, PEDESTALS, 8/16/2012100% Rev DD AND CURBS 07 81 16FIREPROOFING -PERFORMANCE BASED8/16/2012100% Rev DD 07 84 00FIRESTOPPING8/16/2012100% Rev DD 07 84 53PERIMETER FIRE CONTAINMENT SYSTEMS8/16/2012100% Rev DD 07 92 13EXTERIOR JOINT SEALANTS8/16/2012100% Rev DD 07 92 16INTERIOR JOINT SEALANTS8/16/2012100% Rev DD 08 06 00DOOR, FRAME AND HARDWARE SCHEDULE 8/16/2012100% Rev DD (SOME PAGES BLANK) 08 06 13OVERHEAD DOOR SCHEDULE8/16/2012100% Rev DD 08 11 13HOLLOW METAL (HM) DOORS AND FRAMES8/16/2012100% Rev DD Item # 6 Page 2 of 10 Attachment number 6 \nPage 9 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 08 14 16FLUSH WOOD DOORS8/16/2012100% Rev DD 08 33 26OVERHEAD COILING GRILLE (CG) -NORMAL 8/16/2012100% Rev DD DUTY 08 36 15SECTIONAL STEEL DOOR (SSD)8/16/2012100% Rev DD 08 41 26ALL-GLASS DOOR ENTRANCES8/16/2012100% Rev DD 08 44 13CURTAIN WALL SYSTEMS (CWS)8/16/2012100% Rev DD 08 71 13AUTOMATIC SWINGING DOOR OPERATORS8/16/2012100% Rev DD 08 81 02EXTERIOR GLASS AND GLAZING8/16/2012100% Rev DD 08 91 00ARCHITECTURAL LOUVERS8/16/2012100% Rev DD 09 06 10ROOM FINISH AND COLOR SCHEDULE8/16/2012100% Rev DD 09 22 16NON-STRUCTURAL METAL FRAMING8/16/2012100% Rev DD 09 29 00GYPSUM WALLBOARD8/16/2012100% Rev DD 09 30 00TILE8/16/2012100% Rev DD 09 51 00ACOUSTICAL AND CEILING TILE MATERIALS (AM)8/16/2012100% 09 60 05WATER VAPOR EMISSION CONTROL FOR 8/16/2012100% Rev DD FLOORING 09 65 13RESILIENT BASE (RB)8/16/2012100% Rev DD 09 65 15SHEET VINYL FLOORING (SV)8/16/2012100% Rev DD 09 65 17LINOLEUM (LN)8/16/2012100% Rev DD 09 67 13WATERPROOF FLOORING (WPF)8/16/2012100% Rev DD 09 67 81CONCRETE FLOOR SEALER (CFS-ND)8/16/2012100% Rev DD 09 68 13CARPET TILE (CPTT)8/16/2012100% Rev DD 09 69 00ACCESS FLOORING8/16/2012100% Rev DD 09 91 13EXTERIOR PAINTING8/16/2012100% Rev DD 09 91 23INTERIOR PAINTING8/16/2012100% Rev DD 10 14 16PLAQUES (SPECIFICATION MISSING)8/16/2012100% Rev DD 10 14 23SIGNS8/16/2012100% Rev DD 10 21 15SOLID SURFACE TOILET PARTITIONS8/16/2012100% Rev DD 10 21 18SOLID POLYMER SHOWERS8/16/2012100% Rev DD 10 21 31SHOWER CURTAINS8/16/2012100% Rev DD 10 22 13WIRE MESH PARTITIONS8/16/2012100% Rev DD 10 22 19DEMOUNTABLE PARTITIONS8/16/2012100% Rev DD 10 22 21MODULAR INTERIOR WALLS8/16/2012100% Rev DD 10 28 13TOILET AND BATH ACCESSORIES8/16/2012100% Rev DD 10 44 00FIRE PROTECTION SPECIALTIES8/16/2012100% Rev DD 10 75 00FLAGPOLES8/16/2012100% Rev DD 10 81 13BIRD CONTROL DEVICE (SPECIFICATION 8/16/2012100% Rev DD MISSING) 10 86 00OBSERVATION MIRRORS (SPECIFICATION 8/16/2012100% Rev DD MISSING) 11 12 00PARKING EQUIPMENT8/16/2012100% Rev DD 11 52 13PROJECTION SCREENS8/16/2012100% Rev DD 12 05 01FURNITURE AND FURNISHINGS -GENERAL 8/16/2012100% Rev DD REQUIREMENTS Item # 6 Page 3 of 10 Attachment number 6 \nPage 10 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 12 05 03CURTAINS AND WINDOW COVERINGS -8/16/2012100% Rev DD GENERAL REQUIREMENTS 12 24 14ROLLER SHADES8/16/2012100% Rev DD 12 34 00ARCHITECTURAL CASEWORK (AC)8/16/2012100% Rev DD 12 36 63SOLID SURFACE FABRICATIONS (SSF)8/16/2012100% Rev DD 12 36 65ENGINEERED QUARTZ FABRICATIONS (EQF)8/16/2012100% Rev DD 12 48 13ENTRANCE MATS (EM)8/16/2012100% Rev DD 14 21 26GEARLESS TRACTION ELEVATORS - 8/16/2012100% Rev DD PASSENGER 14 24 23HYDRAULIC ELEVATORS -PASSENGER 8/16/2012100% Rev DD (SPECIFICATION MISSING) 21 05 00COMMON WORK RESULTS FOR FIRE 8/16/2012100% Rev DD SUPPRESSION 21 13 13WET PIPE SPRINKLER SYSTEMS8/16/2012100% Rev DD 22 05 00COMMON WORK RESULTS FOR PLUMBING8/16/2012100% Rev DD 22 05 19METERS AND GAGES FOR PLUMBING PIPING8/16/2012100% Rev DD 22 05 23GENERAL DUTY VALVES FOR PLUMBING PIPING8/16/2012100% Rev 22 05 53IDENTIFICATION FOR PLUMBING PIPING AND 8/16/2012100% Rev DD EQUIPMENT 22 07 00PLUMBING INSULATION8/16/2012100% Rev DD 22 11 16DOMESTIC WATER PIPING8/16/2012100% Rev DD 22 11 19DOMESTIC WATER PIPING SPECIALTIES8/16/2012100% Rev DD 22 13 16SANITARY WASTE AND VENT PIPING 8/16/2012100% Rev DD (SPECIFICATION MISSING) 22 13 19SANITARY WASTE PIPING SPECIALTIES 8/16/2012100% Rev DD (SPECIFICATION MISSING) 22 14 13STORM DRAINAGE PIPING8/16/2012100% Rev DD 22 14 23STORM DRAINAGE PIPING SPECIALTIES8/16/2012100% Rev DD 22 14 29SUMP PUMPS8/16/2012100% Rev DD 22 23 30ELECTRIC DOMESTIC WATER HEATERS8/16/2012100% Rev DD 22 40 00PLUMBING FIXTURES8/16/2012100% Rev DD 23 00 00COMMON REQUIREMENTS FOR HVAC8/16/2012100% Rev DD 23 05 00COMMON WORK RESULTS FOR HVAC8/16/2012100% Rev DD 23 05 13COMMON MOTOR REQUIREMENTS FOR HVAC 8/16/2012100% Rev DD EQUIPMENT 23 05 19METERS AND GAUGES FOR HVAC PIPING 8/16/2012100% Rev DD (SPECIFICATION MISSING) 23 05 29HANGERS AND SUPPORTS FOR HVAC PIPING 8/16/2012100% Rev DD AND EQUIPMENT 23 05 35VARIABLE FREQUENCY DRIVES8/16/2012100% Rev DD 23 05 48VIBRATION CONTROLS FOR HVAC PIPING AND 8/16/2012100% Rev DD EQUIPMENT 23 05 53IDENTIFICATION FOR HVAC PIPING AND 8/16/2012100% Rev DD EQUIPMENT Item # 6 Page 4 of 10 Attachment number 6 \nPage 11 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 23 05 93TESTING, ADJUSTING, AND BALANCING FOR 8/16/2012100% Rev DD HVAC 23 07 00HVAC INSULATION8/16/2012100% Rev DD 23 07 19HVAC PIPING INSULATION8/16/2012100% Rev DD 23 09 00INSTRUMENTATION AND CONTROL FOR HVAC8/16/2012100% Rev DD 23 11 23FACILITY NATURAL-GAS PIPING8/16/2012100% Rev DD 23 23 00REFRIGERANT PIPING8/16/2012100% Rev DD 23 24 00VARIABLE REFRIGERANT FLOW8/16/2012100% Rev DD 23 30 30AIR DUCT ACCESSORIES8/16/2012100% Rev DD 23 31 13METAL DUCTS8/16/2012100% Rev DD 23 34 23HVAC POWER VENTILATORS8/16/2012100% Rev DD 23 36 00AIR TERMINAL UNITS8/16/2012100% Rev DD 23 37 13DIFFUSERS, REGISTERS, AND GRILLES8/16/2012100% Rev DD 23 72 00AIR-TO-AIR ENERGY RECOVERY EQUIPMENT8/16/2012100% Rev DD 23 73 13MODULAR INDOOR CENTRAL-AIR HANDLING 8/16/2012100% Rev DD UNITS 23 81 26SPLIT-SYSTEM AIR CONDITIONERS8/16/2012100% Rev DD 26 01 00BASIC ELECTRICAL REQUIREMENTS8/16/2012100% Rev DD 26 05 19LOW-VOLTAGE ELECTRICAL POWER 8/16/2012100% Rev DD CONDUCTORS AND CABLES 26 05 26GROUNDING AND BONDING FOR ELECTRICAL 8/16/2012100% Rev DD SYSTEMS 26 05 29HANGERS AND SUPPORTS FOR ELECTRICAL 8/16/2012100% Rev DD SYSTEMS 26 05 33RACEWAYS AND BOXES FOR ELECTRICAL 8/16/2012100% Rev DD SYSTEMS 26 05 53IDENTIFICATION FOR ELECTRICAL SYSTEMS8/16/2012100% Rev D 26 09 23LIGHTING CONTROL DEVICES8/16/2012100% Rev DD 26 22 00LOW VOLTAGE TRANSFORMER8/16/2012100% Rev DD 26 24 13SWITCHBOARDS8/16/2012100% Rev DD 26 24 16PANELBOARDS8/16/2012100% Rev DD 26 27 13ELECTRICITY METERING8/16/2012100% Rev DD 26 27 26WIRING DEVICES8/16/2012100% Rev DD 26 28 13FUSES8/16/2012100% Rev DD 26 28 16ENCLOSED SWITCHES AND CIRCUIT BREAKERS8/16/2012100% Rev 26 29 13ENCLOSED CONTROLLERS8/16/2012100% Rev DD 26 32 13PACKAGED ENGINE GENERATOR8/16/2012100% Rev DD 26 36 00TRANSFER SWITCHES8/16/2012100% Rev DD 26 43 13TRANSIENT VOLTAGE SURGE SUPPRESSORS8/16/2012100% Rev DD 26 51 00INTERIOR LIGHTING8/16/2012100% Rev DD 26 56 00EXTERIOR LIGHTING8/16/2012100% Rev DD 27 00 10TECHNOLOGY GENERAL PROVISIONS8/16/2012100% Rev DD 27 05 26GROUNDING AND BONDING FOR 8/16/2012100% Rev DD TELECOMMUNICATION SYSTEMS 27 05 28RACEWAYS FOR TECHNOLOGY8/16/2012100% Rev DD Item # 6 Page 5 of 10 Attachment number 6 \nPage 12 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 27 10 00STRUCTURED CABLING SYSTEM8/16/2012100% Rev DD 27 41 34BROADBAND DISTRIBUTION SYSTEM8/16/2012100% Rev DD 28 31 11ADDRESSABLE FIRE ALARM SYSTEM8/16/2012100% Rev DD 31 10 00SITE CLEARING8/16/2012100% Rev DD 31 13 13SEE 025298/16/2012100% Rev DD 31 20 00EARTHWORK8/16/2012100% Rev DD 31 23 00BUILDING EXCAVATION, FILLING, AND 8/16/2012100% Rev DD BACKFILLING 31 25 00EROSION SEDIMENTATION CONTROL8/16/2012100% Rev DD 31 31 01SOIL TREATMENT8/16/2012100% Rev DD 31 66 13AGGREGATE PIER SOIL REINFORCEMENT8/16/2012100% Rev DD 32 12 10FLEXIBLE PAVING (SPECIFICATION MISSING - 8/16/2012100% Rev DD SEE 33 61 00) 32 12 15ASPHALT CONCRETE PAVING8/16/2012100% Rev DD 32 14 13PRECAST CONCRETE PAVERS8/16/2012100% Rev DD 32 14 14.13PERMEABLE INTERLOCKING CONCRETE 8/16/2012100% Rev DD PAVERS (SPECIFICATION MISSING) 32 16 00CONCRETE CURB, SIDEWALKS AND DRIVEWAYS8/16/2012100% Rev 32 31 00ORNAMENTAL ALUM. FENCING8/16/2012100% Rev DD 32 37 00SITE FURNISHINGS8/16/2012100% Rev DD 32 84 23LANDSCAPE IRRIGATION8/16/2012100% Rev DD 32 93 13LANDSCAPING8/16/2012100% Rev DD 33 30 00SANITARY SEWAGE SYSTEM8/16/2012100% Rev DD 33 40 00STORM SEWAGE SYSTEM8/16/2012100% Rev DD 33 61 00WATER DISTRIBUTION SYSTEM8/16/2012100% Rev DD 02529CONCRETE SIDEWALK AND STEPS8/16/2012100% Rev DD 100% Rev DD Architectural A-101PLAN -FIRST FLOOR8/16/2012100% Rev DD A-102PLAN -SECOND FLOOR8/16/2012100% Rev DD A-103PLAN -THIRD FLOOR8/16/2012100% Rev DD A-104PLAN -ROOF8/16/2012100% Rev DD A-200.01ELEVATIONS -EXTERIOR8/16/2012100% Rev DD A-200.02ELEVATIONS -EXTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-203.01ELEVATIONS -INTERIOR A-203.02ELEVATIONS -INTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-203.03ELEVATIONS -INTERIOR A-203.04ELEVATIONS -INTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-203.05ELEVATIONS -INTERIOR A-203.06ELEVATIONS -INTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-203.07ELEVATIONS -INTERIOR A-301.01SECTIONS -OVERALL BUILDING8/16/2012100% Rev DD A-301.02SECTIONS -OVERALL BUILDING8/16/2012100% Rev DD A-301.03SECTIONS -EXTERIOR WALL8/16/2012100% Rev DD A-401PLANS -ENLARGED8/16/2012100% Rev DD A-402PLANS -ENLARGED8/16/2012100% Rev DD Item # 6 Page 6 of 10 Attachment number 6 \nPage 13 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 A-405.01ENLARGED PLANS & SECTIONS -STAIR A8/16/2012100% Rev DD A-405.02ENLARGED PLANS & SECTIONS -STAIR B8/16/2012100% Rev DD A-405.03PLAN & SECTIONS -ELEVATOR8/16/2012100% Rev DD A-501.01DETAILS -INTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-501.02DETAILS -INTERIOR A-501.03DETAILS -STAIRS & RAILINGS8/16/2012100% Rev DD 8/16/2012100% Rev DD A-502.01DETAILS -EXTERIOR A-502.02DETAILS -EXTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD A-502.03DETAILS -EXTERIOR A-503.01DETAILS -ROOF8/16/2012100% Rev DD 8/16/2012100% Rev DD A-503.02DETAILS -ROOF A-601.01DOOR, WINDOW AND LOUVER FRAME TYPES8/16/2012100% Rev DD A-601.02SCHEDULES8/16/2012100% Rev DD AC-101REFLECTED CEILING -LEVEL ONE8/16/2012100% Rev DD AC-102REFLECTED CEILING -LEVEL TWO8/16/2012100% Rev DD AC-103REFLECTED CEILING -LEVEL THREE8/16/2012100% Rev DD AS-100.01SITE SURVEY AND LEGAL DESCRIPTION8/16/2012100% Rev DD AS-100.02SITE TREE SURVEY8/16/2012100% Rev DD AS-102CITY OF CLEARWATER ARBORISTS TREE 8/16/2012100% Rev DD SURVEY AS-103ARCHITECTURAL SITE PLAN8/16/2012100% Rev DD 100% Rev DD Civil C-1.0NOTES AND LEGEND8/16/2012100% Rev DD C-2.0SITE DEMOLITION8/16/2012100% Rev DD C-3.0SITE PLAN8/16/2012100% Rev DD C-4.0GRADING AND DRAINAGE8/16/2012100% Rev DD C-4.1SWPPP8/16/2012100% Rev DD C-5.0SITE UTILITIES8/16/2012100% Rev DD C-6.0SITE DETAILS8/16/2012100% Rev DD C-7.0STORMWATER DETAILS8/16/2012100% Rev DD C-8.0SITE UTILITY DETAILS8/16/2012100% Rev DD C-9.0SITE UTILITY DETAILS8/16/2012100% Rev DD CL-100PLAN -SITE LIGHTING8/16/2012100% Rev DD CL-101LIGHTING DETAILS8/16/2012100% Rev DD Electrical 100% Rev DD E-001LEGEND, GENERAL NOTES AND INDEX8/16/2012100% Rev DD E-100ELECTRICAL SITE PLAN8/16/2012100% Rev DD E-201ELECTRICAL DETAILS8/16/2012100% Rev DD E-301PANEL SCHEDULES8/16/2012100% Rev DD E-302PANEL SCHEDULES8/16/2012100% Rev DD E-303PANEL SCHEDULES8/16/2012100% Rev DD E-401FIRE ALARM RISER DIAGRAM8/16/2012100% Rev DD E-402POWER RISER DIAGRAM8/16/2012100% Rev DD EL-101PLAN -FIRST FLOOR LIGHTING8/16/2012100% Rev DD EL-102PLAN -SECOND FLOOR LIGHTING8/16/2012100% Rev DD EL-103PLAN - THIRD FLOOR LIGHTING8/16/2012100% Rev DD Item # 6 Page 7 of 10 Attachment number 6 \nPage 14 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 EP-101PLAN -FIRST FLOOR POWER8/16/2012100% Rev DD EP-102PLAN -SECOND FLOOR POWER8/16/2012100% Rev DD EP-103PLAN -THIRD FLOOR POWER .8/16/2012100% Rev DD ER-104PLAN -ROOF POWER8/16/2012100% Rev DD ES-101PLAN -FIRST FLOOR SYSTEMS8/16/2012100% Rev DD ES-102PLAN -SECOND FLOOR SYSTEMS8/16/2012100% Rev DD ES-103PLAN -THIRD FLOOR SYSTEMS8/16/2012100% Rev DD 100% Rev DD Finishes I-100FINISH LEGEND, NOTES, FINISH PATTERN 8/16/2012100% Rev DD DETAILS AND TRANSITION DETAILS I-101PLAN -LEVEL ONE INTERIOR FINISH8/16/2012100% Rev DD I-102PLAN -LEVEL TWO INTERIOR FINISH8/16/2012100% Rev DD I-103PLAN -LEVEL THREE INTERIOR FINISH8/16/2012100% Rev DD I-200.01ELEVATIONS - INTERIOR8/16/2012100% Rev DD I-200.02ELEVATIONS - INTERIOR8/16/2012100% Rev DD I-200.03ELEVATIONS - INTERIOR8/16/2012100% Rev DD I-200.04ELEVATIONS - INTERIOR8/16/2012100% Rev DD I-200.05ELEVATIONS - INTERIOR8/16/2012100% Rev DD 8/16/2012100% Rev DD I-203INTERIOR SIGNAGE ELEVATION & DETAILS I-501DETAILS -INTERIOR FINISH8/16/2012100% Rev DD Fire Protection 100% Rev DD F-001FIRE PROTECTION COVER SHEET8/16/2012100% Rev DD F-100FIRE PROTECTION SITE PLAN8/16/2012100% Rev DD F-110PLAN -LEVEL ONE -FIRE PROTECTION8/16/2012100% Rev DD F-120PLAN -LEVEL TWO -FIRE PROTECTION8/16/2012100% Rev DD F-130PLAN -LEVEL THREE -FIRE PROTECTION8/16/2012100% Rev DD F-401FIRE PROTECTION - DETAILS8/16/2012100% Rev DD 100% Rev DD General G-000COVER SHEET8/16/2012100% Rev DD G-001DRAWING INDEX8/16/2012100% Rev DD G-002ABBREVIATIONS, SYMBOLS, & GENERAL NOTES8/16/2012100% Rev DD G-003TYP MOUTING HEIGHTS8/16/2012100% Rev DD G-004-02PARTITION TYPES8/16/2012100% Rev DD G-004-03PARTITION TYPE DETAILS8/16/2012100% Rev DD G-004.01PARTITION TYPES8/16/2012100% Rev DD G-006CODE SUMMARY & LIFE SAFETY PLANS8/16/2012100% Rev DD gn 100% Rev DD Interior Desi F-101PLAN -LEVEL ONE EQUIPMENT & FURNITURE8/16/2012100% Rev DD F-102PLAN -LEVEL TWO EQUIPMENT & FURNITURE8/16/2012100% Rev DD F-103PLAN -LEVEL THREE EQUIPMNENT & 8/16/2012100% Rev DD FURNITURE -FURNITURE FOR COORDINATION ONLY pe 100% Rev DD Landsca L-100.01PLAN -TREE PROTECTION & REMOVAL8/16/2012100% Rev DD L-101.01PLAN -LANDSCAPE8/16/2012100% Rev DD Item # 6 Page 8 of 10 Attachment number 6 \nPage 15 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 L-102.01PLAN -LANDSCAPE DETAILS8/16/2012100% Rev DD L-103.01PLAN -LANDSCAPE DETAILS8/16/2012100% Rev DD IR-101.01PLAN -LANDSCAPE DETAILS8/16/2012100% Rev DD IR-102.01PLAN -LANDSCAPE DETAILS8/16/2012100% Rev DD Mechanical 100% Rev DD M-000HVAC-LEGEND, GENERAL NOTES & SPECS8/16/2012100% Rev DD M-001HVAC-LEGEND, GENERAL NOTES & SPECS8/16/2012100% Rev DD M-010SITE PLAN - HVAC OVERALL8/16/2012100% Rev DD M-110PLAN-FIRST FLOOR HVAC8/16/2012100% Rev DD M-111PLAN-FIRST FLOOR HVAC - PIPING8/16/2012100% Rev DD M-120PLAN-SECOND FLOOR HVAC8/16/2012100% Rev DD M-121PLAN-SECOND FLOOR HVAC - PIPING8/16/2012100% Rev DD M-130PLAN-THIRD FLOOR HVAC8/16/2012100% Rev DD M-131PLAN-THIRD FLOOR HVAC-PIPING8/16/2012100% Rev DD M-140PLAN-ENLARGED-AHU ROOMS8/16/2012100% Rev DD M-201HVAC-DETAILS8/16/2012100% Rev DD M-202HVAC-DETAILS8/16/2012100% Rev DD M-301HVAC-SCHEDULES8/16/2012100% Rev DD M-302HVAC - DIAGRAMS8/16/2012100% Rev DD M-303HVAC - DIAGRAMS8/16/2012100% Rev DD M-401HVAC-SCHEDULES8/16/2012100% Rev DD M-402HVAC-SCHEDULES8/16/2012100% Rev DD 8/16/2012100% Rev DD M-501HVAC-CONTROLS Plumbing 100% Rev DD P-001PLUMBING FIXTURE SCHEDULE, GENERAL 8/16/2012100% Rev DD NOTES, LEGEND P-100PLUMBING UNDERGROUND PLAN - GRAVITY8/16/2012100% Rev DD P-110LEVEL 1 -PLUMBING PLAN8/16/2012100% Rev DD P-111PLUMBING FIRST FLOOR PLAN - PRESSURE8/16/2012100% Rev DD P-120LEVEL 2 -PLUMBING PLAN8/16/2012100% Rev DD P-121PLUMBING SECOND FLOOR PLAN - PRESSURE8/16/2012100% Rev DD P-130LEVEL 3 -PLUMBING PLAN8/16/2012100% Rev DD P-131PLUMBING THIRD FLOOR PLAN - PRESSURE8/16/2012100% Rev DD P-140ROOF -PLUMBING PLAN8/16/2012100% Rev DD P-210LEVEL 1 -ENLARGED PLUMBING PLAN8/16/2012100% Rev DD 8/16/2012100% Rev DD P-220LEVEL 2 -ENLARGED PLUMBING PLAN P-230LEVEL 3 -ENLARGED PLUMBING PLAN8/16/2012100% Rev DD 8/16/2012100% Rev DD P-301PLUMBING RISER ISOMETRICS P-302PLUMBING RISER ISOMETRICS8/16/2012100% Rev DD 8/16/2012100% Rev DD P-303PLUMBING DETAILS P-401PLUMBING DETAILS8/16/2012100% Rev DD P-402PLUMBING DETAILS8/16/2012100% Rev DD 100% Rev DD Structural 8/16/2012100% Rev DD S-001GENERAL NOTES S-101FIRST LEVEL FOUNDATION PLAN8/16/2012100% Rev DD Item # 6 Page 9 of 10 Attachment number 6 \nPage 16 of 29 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 S-102SECOND LEVEL FRAMING PLAN8/16/2012100% Rev DD S-103THIRD LEVEL FRAMING PLAN8/16/2012100% Rev DD 8/16/2012100% Rev DD S-104ROOF LEVEL FRAMING PLAN S-201SHEAR WALL KEYPLAN AND ELEVATIONS8/16/2012100% Rev DD 8/16/2012100% Rev DD S-301CONCRETE SECTIONS AND DETAILS S-401MASONRY SECTIONS AND DETAILS8/16/2012100% Rev DD 8/16/2012100% Rev DD S-501STEEL SECTIONS AND DETAILS Telecommunica 100% Rev DD tions T-000TECHNOLOGY LEGEND8/16/2012100% Rev DD T-001TECHNOLOGY SITE PLAN8/16/2012100% Rev DD T-010SITE PLAN - TECHNOLOGY OVERALL8/16/2012100% Rev DD 8/16/2012100% Rev DD T-101VOICE-DATA PLAN FIRST FLOOR T-102VOICE-DATA PLAN SECOND FLOOR8/16/2012100% Rev DD 8/16/2012100% Rev DD T-103VOICE-DATA PLAN THIRD FLOOR T-110PLAN - FIRST FLOOR VOICE-DATA8/16/2012100% Rev DD T-111PLAN - FIRST FLOOR SECURITY/PAGING8/16/2012100% Rev DD T-120PLAN - SECOND FLOOR VOICE-DATA8/16/2012100% Rev DD T-121PLAN - SECOND FLOOR SECURITY/PAGING8/16/2012100% Rev DD T-130PLAN - THIRD FLOOR VOICE-DATA8/16/2012100% Rev DD T-131PLAN - THIRD FLOOR SECURITY/PAGING8/16/2012100% Rev DD T-201SECURITY / PAGING FIRST FLOOR8/16/2012100% Rev DD 8/16/2012100% Rev DD T-202T-202 SECURITY / PAGING SECOND FLOOR T-203SECURITY / PAGING THIRD FLOOR8/16/2012100% Rev DD T-401ENLARGED PLANS8/16/2012100% Rev DD T-701TECHNOLOGY DETAILS8/16/2012100% Rev DD Item # 6 Page 10 of 10 Attachment number 6 \nPage 17 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT B – Allowance Items The Allowances noted below represent reasonably anticipated values included in this Guaranteed Maximum Price (GMP) Proposal to cover the cost of certain items absent or not specified in sufficient detail in the 100 % Design Development Documents as listed in the ENUMERATION OF DOCUMENTS Section of this GMP or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. Allowances for work as represented in this GMP govern over the actual items contained in the Contract Documents. Variations between the Allowance values and the actual cost of these prescribed items may be reflected in add or deduct Change Order(s) to this Guaranteed Maximum Price (GMP) Proposal. The ASSUMPTIONS AND CLARIFICATIONS section of this GMP may provide a more detailed description of these Allowances. ALLOWANCE DESCRIPTION VALUE Building Signage, including Life Safety Signage & Monument 21,000.00 TV Mounting Brackets 4,725.00 Smart Boards and Projection Screens 7,350.00 Modular Office Systems 342,836.00 Modular Office Furniture 347,162.00 Kitchen Equipment 33,285.00 Bunk Room Furniture and Wardrobes 42,222.00 Gear Lockers 13,900.00 Solar Heating System 29,400.00 Antennae System 199,500.00 Relocation, Wiring, Programming for ATS 22,050.00 Water Vapor Emission Control 100,000.00 ALLOWANCES TOTAL $1,163,430.00 BILTMORE CONSTRUCTION CO., INC. Item # 6 6 9/17/2012 Attachment number 6 \nPage 18 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT C Assumptions and Clarifications – The Contract Documents are amended by the acceptance of this GMP Proposal as follows: 1.This proposal is provided prior to the completion of the 100% Construction Documents. Accordingly, the Owner and CM agree that, notwithstanding any provision to the contrary, they shall work in cooperation to develop a final Scope of Work which does not substantially change from that currently shown on the referenced 100 % Design Development Documents (with the exception of the precast structure), the cost of which is intended to be within the Owner’s Construction Budget and is fully consistent with the qualifications and conditions noted herein. If the Scope of Work changes, this GMP Proposal and the indicated costs are subject to change. Additionally, there are numerous sections of the specifications that are incomplete, conflicting or missing. The CM has provided comments relating to these sections have submitted them to the A/E for review and correction. 2.No Supplemental General Conditions are included. There is reference to them in the contract documents but none were included. 3.No proposal bond is included. 4.The issuance of Performance and Payment Bonds will be after the approval of the GMP and issuance of the NTP by The City. 5.Pages 1 through 8 of The City of Clearwater’s Contract Specifications are not included. Subcontractor bid requirements are outlined in Exhibit B of the CM Agreement. 6.Cost for all City issued permits are by The City and are not included in the GMP. 7.Neither survey nor abatement of Asbestos Containing Material or any other hazardous or unsuitable material is included, unless specifically noted as an item included in the Scope of Work. 8.The City will pay for on-site and off-site stored materials with proper documentation by CM as per specification section 01 29 00 page 2. 9.In the case where a vendor requires advance payment for materials, The City will allow the CM to bill in advance and make advance payment to the CM for those materials. This provision would typically apply to items usually purchased directly by The Owner such as FF&E and specialty systems such as the antennae relay system. 10.No retainage will be held on Bonds and insurances. 11.Allowances for Plan Review, Permit or Utility Connection Fees are not included. If applicable, these fees will be paid directly by the Owner. BILTMORE CONSTRUCTION CO., INC. Item # 6 7 9/17/2012 Attachment number 6 \nPage 19 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 12.No Threshold Building Inspection cost is included. All threshold inspections, if required, shall be provided by the Owner. 13.A separate site office for the Project Architect is not included, unless otherwise noted as an item included in General Requirements. 14.Temporary electrical, water and sewer utility consumption costs are included. All utility consumption cost will be paid directly by The City once permanent connections are made to the building. 15.Unless otherwise specified, colors and finishes shall be only standard selections available from the manufacturer. No premium or exotic colors or finishes are included. 16.No Performance Specifications, with the exception of the structural precast system are included. 17.Warranties and Guarantees: a. Biltmore Construction Co., Inc. to the Owner Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements, may be considered defective. Biltmore Construction Co., Inc.’s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by state statute. b. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The period customarily being one (1) year from the Date of Substantial Completion established in the Construction/Contract Documents. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer’s warranty/guaranty or product to the Owner. The Owner shall be provided with the “standard” manufacturer’s warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. BILTMORE CONSTRUCTION CO., INC. Item # 6 8 9/17/2012 Attachment number 6 \nPage 20 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 c. Manufacturer’s Express Warranties / Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturer’s warranties and standard manufacturer’s guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. d. Extended Warranties The following specifications sections describe warranty requirements that exceed the typical one (1) year from Substantial duration Completion duration or include labor, maintenance and /or service agreements: Specification Product Description Specified Qualification / Clarification Section Warranty Duration 31 31 01 TERMITE WARRANTY 10-year Executed by Applicator and Contractor 07 14 16 COLD, FLUID-APPLIED 5-year Joint Manufacturer and Installer warranty to WATERPROOFINGrepair or replace work which fails to perform as a watertight envelope. 07 27 29 FLUID-APPLIED AIR 5-year Manufacturer's Warranty BARRIER - VAPOR PERMEABLE 07 27 29 FLUID-APPLIED AIR 5-year Installer Warranty - Installer to warrant that air BARRIER - VAPOR and vapor barrier and accessories have been PERMEABLEinstalled in accord with manufacturer’s recommendations, and that all components used in this section have been sourced from one manufacturer. 07 42 43 ALUMINUM COMPOSITE 20-year Manufacturer's warranty against failure of PVDF MATERIAL (ACM) SYSTEM finish. 07 54 21 ADHERED FELTBACK PVC Manufacturer's 15 year manufacturer’s warranty ROOFING SYSTEM Standard 10 year color warranty Warranty 5 year installer warranty 07 54 21 ADHERED FELTBACK PVC Applicator's Standard One-Year Labor Warranty ROOFING SYSTEM Warranty 07 62 00 FLASHING AND SHEET 20-year Manufacturer's warranty on PVDF coated sheet METALmetal covering color, fade, chalking, and film integrity 07 84 00 FIRESTOPPING Lifetime Manufacturer's Warranty to Owner 07 84 00 FIRESTOPPING 5-year Installer Warranty to Owner 07 84 53 PERIMETER FIRE Lifetime Manufacturer's Warranty to Owner CONTAINMENT SYSTEMS 07 84 53 PERIMETER FIRE 5-year Installer Warranty to Owner CONTAINMENT SYSTEMS 07 92 16 INTERIOR JOINT 2-year Warranty signed by Installer and/or Contractor. SEALANTS Remove and repair and replace defective work and materials. Repair other work damaged as a result at no expense to Owner. BILTMORE CONSTRUCTION CO., INC. Item # 6 9 9/17/2012 Attachment number 6 \nPage 21 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Specification Product Description Specified Qualification / Clarification Section Warranty Duration 08 14 16 FLUSH WOOD DOORS Lifetime Manufacturer's Warranty 08 14 16 FLUSH WOOD DOORS Lifetime Manufacturer's and/or Installer's warranty to remove and replace defective units at no cost to Owner. 08 33 26 OVERHEAD COILING 2-year Manufacturer's Standard Warranty covering GRILLE (CG) - NORMAL repair or replacement DUTY 08 44 13 CURTAIN WALL SYSTEMS 2-year Joint Manufacturer/Installer repair replace (CWS) 08 44 13 CURTAIN WALL SYSTEMS 20-year Warranty on color integrity of 70% Kynar PVDF (CWS) finishes 08 71 13 AUTOMATIC SWINGING 3-yearIf available for specified and approved product, DOOR OPERATORS Manufacturer’s 3-year warranty covering repair or replacement resulting from defects in material or workmanship at no cost to Owner. 08 81 02 EXTERIOR GLASS AND 10-year Coated Glass Manufacturer's Warranty GLAZING 08 81 02 EXTERIOR GLASS AND 5-year Laminated glass Manufacturer's Warranty GLAZING 08 81 02 EXTERIOR GLASS AND 10-year Vertical Insulating Glass Manufacturer's GLAZING Warranty 08 91 00 LOUVERS 20-year PVDF Finish Manufacturer's Warranty 09 65 15 SHEET VINYL FLOORING 5-year Manufacturer's Warranty – from date of purchase 09 65 17 LINOLEUM 5-year Manufacturer's Warranty – from date of purchase 10 14 23 SIGNS 2-year Manufacturer's Warranty 10 21 15 TOILET PARTITIONS 2-year Manufacturer's Warranty 10 21 31 SHOWER CURTAINS 2-year Installation and Materials Warranty to remove and replace 10 22 13 WIRE MESH PARTITIONS 2-year Manufacturer's Warranty 10 22 19 DEMOUNTABLE 3-year Warranty signed by Manufacturer, Installer, and PARTITIONS Contractor 10 22 21 MODULAR INTERIOR 3-year Warranty signed by Manufacturer and Installer WALLS 12 34 00 CASEWORK 5-year Manufacturer's Warranty 12 36 63 SOLID SURFACE 10-year Manufacturer's Warranty including colorfastness FABRICATIONS and material defects. Includes material and labor to repair or replace. 12 36 65 ENGINEERED QUARTZ 10-year Manufacturer's Warranty including colorfastness FABRICATIONS and material defects. 14 21 26 GEARLESS TRACTION 1-year Manufacturer's Warranty for one year from date ELEVATORS – PASSENGER of acceptance 14 21 26 GEARLESS TRACTION 1-year serviceSemi-monthly service ELEVATORS – PASSENGER contract 22 33 30 WATER HEATERS 3-year Manufacturer's Warranty on Storage Tank, Controls, and other components from date of Substantial Completion 22 40 00 PLUMBING FIXTURES Manufacturers' As Applicable Standard Warranties 23 81 26 SPLIT-SYSTEM AIR-5-year Manufacturer's Standard Warranty from Date of BILTMORE CONSTRUCTION CO., INC. Item # 6 10 9/17/2012 Attachment number 6 \nPage 22 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Specification Product Description Specified Qualification / Clarification Section Warranty Duration CONDITIONERS Substantial Completion 26 24 13 SWITCHBOARDS 5-year Manufacturer's Warranty from date of Substantial Completion 26 32 13 GENERATOR 5-year Manufacturer's Standard from date of Substantial Completion 26 32 13 GENERATOR 1-year service Service for 12 months including quarterly testing 26 43 13 TRANSIENT-VOLTAGE 10-year Unconditional for entire device – repair or replace SUPPRESSION FOR LOW-upon failure or incorrect operation VOLTAGE ELECTRICAL POWER CIRCUITS 26 56 00 EXTERIOR LIGHTING 5-year Manufacturer's Warranty for Metal Corrosion – from date of Substantial Completion. 26 56 00 EXTERIOR LIGHTING 5-year Manufacturer's Warranty for Color Retention – from date of Substantial Completion. 26 56 00 EXTERIOR LIGHTING 3-year Repair or replace lighting poles and standards that fail in finish, materials, and workmanship within the manufacturer's standard warranty period, but not less than three years from date of Substantial Completion. 26 56 00 EXTERIOR LIGHTING 2-year Installer's Warranty includes lamps and fuses replacement for two years from date of Substantial Completion. 28 31 11 ADDRESSABLE FIRE 1-year special Warranty 12 months from the date of substantial ALARM SYSTEM warranty with completion of the installation. To include first maintenance year’s maintenance cost. This proposal is qualified to include only those extended warranties that are available as standard from the manufacturers. The Contractor, installers, and applicators shall not be required to provide any such extended warranties or guarantees. 18.Special conditions relating to Owner purchased – Contractor installed items and associated tax exemptions. Notwithstanding any provision to the contrary, should the Owner elect to purchase items directly and avoid any sales taxes or other taxes, the Owner will defend, indemnify, and hold harmless Biltmore Construction Co., Inc. absolutely from and against any claim, audit, investigation, cost, or assertion of any kind made by, or on behalf of, the Florida Department of Revenue or other such agency that may arise during and / or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc. or its subcontractors be liable for the sales taxes associated with the owner purchased items. 19.Builder’s Risk Insurance: The City shall purchase and maintain, until the date of Substantial Completion of this project, a standard Special Form (all “Risks of Physical Loss”) Completed Value Builder’s Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the Owner, Biltmore Construction Co., Inc., and Subcontractors BILTMORE CONSTRUCTION CO., INC. Item # 6 11 9/17/2012 Attachment number 6 \nPage 23 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 in the Work under this contract. a. All premiums and deductible cost related to this property insurance shall be paid by the Owner. b. The following items are the responsibility of the Owner and are not included in this GMP: i) Property insurance premiums and/or deductible costs. ii) Property insurance coverage on existing buildings and/or contents. iii) Property insurance coverage on the Work under this Contract after the date of Substantial Completion. iv) Flood insurance coverage and/or risk of loss due to Flood. 20.Time and Price - Impacted Materials & Equipment (Escalation/Availability of Materials): As of the date of this Contract Agreement and/or during the performance of the Work, certain markets providing materials and equipment necessary to complete the Project may experience significant industry-wide fluctuation in cost, delivery, and availability. As a result, should there be any fluctuations that materially affect the cost, delivery, and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal, or subsequent to the acceptance, the Owner agrees to make an equitable adjustment in the Contract Time and/or, if necessary, allow the CM to access contingency funds to cover the additional cost at The City’s discretion. Notwithstanding any other provision to the contrary, the Contractor shall not be liable to the Owner for any expenses, losses or damages arising from a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Contractor. 21.Subcontractor Payments: Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that, the Construction Manager/Contractor operates on a pay-when-paid basis with its subcontractors and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. BILTMORE CONSTRUCTION CO., INC. Item # 6 12 9/17/2012 Attachment number 6 \nPage 24 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 TECHNICAL CLARIFICATIONS: Division 1 – General Requirements 1.Where the following Architect’s Division 1 Specifications are in conflict with The Owner/CM Agreement, The Owner/CM Agreement shall prevail: Changes in the Work, 01 23 04 Construction Schedules, 01 32 16 Progress Reports, 01 32 26 Submittal Procedures, 01 33 00 2.Specification section 01 74 19 – Construction Waste Management. The City of Clearwater’s Sanitation Department will provide the roll-off dumpsters and recycling services. At this time it is unclear as to whether or not they can provide the reporting as required in this specification section. A/E to verify and propose alternate reporting method if required. 3.Specification section 01 43 39 Mock-Ups – We will provide One (1) 4’ X 4’ X 8” panel for the precast mock-up. 4.Specification section 01 50 00 Construction Facilities, Temporary Controls and Utilities – Temporary power/electrical consumption cost will be paid by Owner directly to the electrical Utility provider. 5.The Structural Basis of Design is included for the Precast structure and architecture. The design loads indicated within this specification (such as 220 mph wind, Exposure Category C and 109.3 psf) are not necessarily included in the GMP, and it is yet to be determined if all elements of the current design are available in products tested to meet these criteria. 6.Where consistent with the design development nature of the documents, and the best interest of the owner vis-a-vis cost and quality, and based upon the price points at which the GMP estimate was based, alternate manufacturers of specified products shall be acceptable, without being subject to the requirements of Section 002600. Division 2 – Existing Conditions 1.The Demolition portion of the project included within this section includes the two metal buildings previously used for City operations. 2.The survey of existing conditions prior to demolition and site work includes photographs of, and written recording of existing damage to, improvements adjacent to the area of work. Divisions 3 and 4 - Concrete and Masonry 1.In lieu of the cast in place concrete, load bearing masonry and structural steel superstructure indicated in the Contract Documents, the GMP includes structural precast components as the structure of the building. 2.In lieu of the masonry and face brick exterior wall panels indicated in the Contract Documents, the GMP includes architectural precast components as the exterior wall of the building. 3.Planter, Mech/Gen Enclosure and Dumpster Enclosure are included as reinforced CMU with modular face brick. The GMP assumes that the CMU walls can be designed with sufficient reinforcing to exclude the use of supplemental structural framing or reinforcing. BILTMORE CONSTRUCTION CO., INC. Item # 6 13 9/17/2012 Attachment number 6 \nPage 25 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 4.Planters will receive architectural precast caps. Mech/Gen Enclosure and Dumpster Enclosure may have metal coping or concrete wash, or non-decorative precast caps at the General Contractor’s sole option. 5.The 6” gravel fill below building slabs on grade is excluded. 6.Reference Specification 034500 - Part 1.2.F.1: Testing will be performed in accordance with the specifications in all respects except that the testing will be performed and reported by the Precast Subcontractor, not by an independent testing agency. 7.Reference Specification 034500 - Part 1.3.A: One 4x4 mockup panel of an 8" wall with thin brick, with half of each color brick, and showing a typical reveal detail and end cap detail in one of the colors, will be cast in the Precast Subcontractor's fabrication facility; after review and approval at the facility by the Architect, the mock up will be transported to site for reference during erection. 8.Precast: Wall Panel connections will be galvanized; all other connections will be black steel. 9.Precast: all building corners will have return brick; all jambs, heads and sills of opening will have return brick/edge caps. 10.Precast: a standard running bond pattern will be typical, with soldier course pattern along the arches. 11.The precast stair treads will have aluminum nosings cast in place. Division 5 - Metals 1.Composite Metal Form Deck, Specification Section 053600, is excluded. 2.The GMP includes no more than forty six (46) 6” diameter heavy-weight bollards. 3.Stair railings shall be either clear anodized aluminum. 4.Two McIntire Brass fire slide poles are included as Model 19, with floor trim ring, without fire- barrier bellows at the floor level (because the poles are within fire-rated closets. 5.The trench drain frame & grate may be either a prefabricated plumbing fixture such as Zurn Z793 HD, or steel frame and grate as indicated on previous design drawings, at the General Contractor’s sole option. Division 6 – Wood & Plastic 1.The GMP excludes any standing & running trim, including but necessarily limited to, door or window casing, baseboards, wainscot, chair rails, wall paneling, crown molding, etc. 2.The GMP includes only the following built-in millwork: base and wall cabinets at Employee Break Room, Base cabinets at the Kitchen, and seating platform at the TV Room. Solid surface countertops are included at the Break Room and Toilet 264/265 Vanities. Engineered quartz countertops and transaction top are included at the Kitchen. All other millwork type items indicated or implied in the Contract Documents are included within the Allowances for Modular Partitions in Division 10 or Office Furniture in Division 12. This exclusion includes, but is not necessarily limited to, base cabinets at the TV Room, any desks shown as solid lines (such as at Plan Review and Work Areas), base cabinet at Conference Room 316. Division 7 – Thermal & Moisture Protection 1.Water repellent on precast and brick is excluded. BILTMORE CONSTRUCTION CO., INC. Item # 6 14 9/17/2012 Attachment number 6 \nPage 26 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 2.The GMP includes roofing as specified and indicated, except that the vapor retarder in 075421 Part 2.12 is excluded. 3.The GMP includes sprayed polyurethane closed cell foam insulation at an average thickness of 4-1/2” at the underside of the concrete floor deck between concrete tee’s at Rooms 110, 114, 116, 122, 123 and 124. rd 4.Spray-applied foam insulation at 3 Floor and Roof decks is excluded. 5.The GMP includes K-13 Cellulose insulation at an average thickness of 1-1/2” at the underside nd of the structural floor the 2 floor shower areas. 6.Prefinished aluminum roof coping in profiles similar to that shown on A-301.03 (approximately 4 to 5” high face) is included in lieu of ACM coping or panels shown elsewhere (approximately 16” high face) at the roof parapets. 7.ACM panels are assumed to be clear anodized. 8.Water Vapor Emission Control for Concrete with Applied Flooring, Specification 07 16 05 (previously under division 9) is included as an allowance. Water Vapor Emission Control will be installed only where moisture test results are found unacceptable per flooring manufacturer as per Spec Section 07 16 04. Division 8 – Openings 1.All doors and frames associated with modular office partitions are included within the Allowance for Modular Office Partitions. Door hardware for those doors is included within this Division 8 of the GMP (not in the Allowance). 2.The three overhead coiling grilles, located at the kitchen refrigerators are included as manual push-up type. 3.Apparatus Bay Doors include eight sets of four-fold non-impact doors and eight sets of coiling impact doors. 4.Door Hardware manufacturers other than the limited selection in the current specifications shall be deemed Acceptable, including but not limited to Corbin Russwin, Sargent, Falcon, Yale, Dorma, Dor-O-Matic, Monarch, Rixson, Norton, Ives, McKinney, ABH, Bommer, Pemko, Zero. 5.EMS Store Room 104 is assumed to have one flush hollow metal door and no sidelites or window wall. 6.Curtain wall and window framing and aluminum finishes are assumed to be clear anodized. 7.Exterior glazing is assumed to be clear glass, except at Electric Room E103 and at spandrel locations, which shall be spandrel glass. Division 9 - Finishes 1.The interior side of exterior solid walls shall include 2-3/8” of R6.5 per inch rigid insulation pinned to the wall, and 3.5” of R15 batt insulation in 3-5/8” 20 ga studs at 16” o.c., or such other assembly that will achieve at least R30 for the insulation portion. 2.Studs, insulation and/or drywall at interior faces of precast and CMU walls at the Apparatus Bay are excluded. 3.No stucco or plaster is included in the project except at the soffits outside the bay entries and at the ornamental retaining wall. For example, there is no stucco or plaster on any walls, ceilings or columns at the Apparatus Bay. 4.Waterproof Flooring, Specification Section 096713 is excluded. BILTMORE CONSTRUCTION CO., INC. Item # 6 15 9/17/2012 Attachment number 6 \nPage 27 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 5.Seamless Epoxy Flooring, Specification 096726, shall be provided at the Kitchen only; it is excluded from the first floor area. The product on which the GMP is based is Flowcrete SR, which may or may not be equal to the Sika and Dex-O-Tex products specified. 6.Polished Concrete, in lieu of Concrete Floor Sealer, Specification Section 096781 and Seamless Epoxy Flooring is included at the following rooms: Bunker Room, Decon, Maintenance, Air Fill, Toilet 124, EMS Store and Janitor Closet 105. 7.Acoustical Ceiling Tile is based on 2x2 Armstrong Ultima Reveal Edge, including High Recycled Content for both tile and grid. 8.Rubber treads, risers and nosings at the stairs are excluded. Division 10 – Specialties 1.Toilet Partition doors shall be ½”. 2.The Signage Allowance is intended for ALL signs and plaques, including not limited to, those in Specification Section 101423, business address, bay numbers, dedication plaques, monuments, etc. 3.Solid Polymer Shower bases, Specification Section 102118, are included. Walls or surrounds are excluded. Walls shall be tile. 4.Electric Hand Dryers are excluded. 5.Two (2) Shower Seats are included. 6.Visual Display Boards are excluded, except to the extent that they can be provided under the Modular Offices Allowance or Furniture Allowance. 7.One bike rack is included. 8.Site benches and waste receptacles are excluded except to the extent that they can be provided under the Furniture Allowance. 9.No Bird Control Device is included. 10.Four (4) 40” parabolic traffic mirrors are included. Division 11 – Equipment 1.Projection Screens per Specification 115213 are excluded. Smart Boards, in lieu of projection screens, shall be provided as part of the Allowance for Smart Boards and Projectors. 2.No Appliances are included other than what can be provided under the Kitchen Equipment Allowance. 3.No equipment for the Decontamination Room is included, other than one emergency eyewash shower which is included within the Plumbing scope. 4.Office Equipment, Fitness Equipment and Maintenance Equipment are excluded. 5.No Entrance Mat or Walk-off pedigrid is included. Division 12 – Furnishings 1.TV Room Lounge Chairs, Kitchen Table, Artwork and Interior Greenery, are excluded. 2.The GMP includes Roller Shades in the locations marked on the current drawings, only. BILTMORE CONSTRUCTION CO., INC. Item # 6 16 9/17/2012 Attachment number 6 \nPage 28 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Division 13 - Special Construction 1. The Allowance for the Solar Hot Water Heating system is based upon a budget proposal from Solar Source. The scope of the Allowance is intended to include an Indirect System, including two 4x10 collectors for one 120 gal tank on 1st Floor, three 4x10 collectors for one 220 gallon tank on 2nd floor, and two 4x8 collectors for one 80 gallon tank on 3rd floor. The Allowance is also intended to include the piping between the tanks and collectors. The tanks are intended to have electric backup heating elements. 2.The Allowance for the Antenna Systems is based upon a budget proposal from Suncoast Communications & Electronics, Inc.. The scope of work includes Station Alerting System ( Audio/Visual), Communications Bi-Directional Amplification System, and Public Safety Radio (control stations, remote stations, and antenna system), installed to Public Safety Communications Industry (R56) standards. Division 14 – Vertical Transportation 1.The MRL electric traction elevator includes Regenerative Drive. Division 21, 22 & 23 – Fire Protection, Plumbing and HVAC 1.A fire pump is excluded. 2.The Air Fill Station is excluded. 3.The GMP includes Fire Protection, Plumbing and HVAC work in accordance with the aggregate assumptions and interpretations of the specialty contractors upon whose budget estimates the GMP estimate is based. Division 26, 27 & 28 – Electrical, Telecommunications and Security 1.Primary power, transformers, and connections within the transformer are excluded. 2.Diesel fuel to test and/or fill the generator fuel tanks or day tank is excluded. 3.One (1) 3,000 gallon steel horizontally-mounted within the base frame of the emergency generator (not a ConVault precast stand-alone type) diesel storage tank is included. Divisions 31, 32 & 33 – Earthwork, Exterior Improvements and Utilities 1.Excavation, transportation or replacement of unsuitable or contaminated soils or materials is excluded. 2.Unforeseen below grade conditions and/or unusual subsoil conditions are excluded. 3.Tree trimming or root pruning is included. 4.Fees for water meters, water taps, backflow preventers, etc. are excluded. 5.The GMP assumes that the City will provide the master meter assembly. 6.Fire hydrant assembly at NE corner of Brownell and MLK is excluded. 7.Soil improvement using the wet top feed method of vibro-replacement is included. 8.Load testing is not included. 9.The GMP includes chain link fencing over the Mechanical Equipment Enclosure. END BILTMORE CONSTRUCTION CO., INC. Item # 6 17 9/17/2012 Attachment number 6 \nPage 29 of 29 CITY OF CLEARWATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT D – Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein, the anticipated construction period shall be 365calendar days to achieve Substantial Completion, after receipt, by Biltmore Construction Co., Inc., of all of the following requirements: Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co., Inc. Receipt of the Written Notice To Proceed. Receipt of all required Permits. Recorded Notice of Commencement (as applicable). Construction site vacated and available to commence construction activity. Utilities disconnected and/or relocated as necessary to commence construction. Final Completion shall be within Thirty (30) calendar days following the Date of Substantial Completion of the Work. A more detailed CPM Project Schedule will be provided in accordance with the requirements of the Agreement Between Owner and Biltmore Construction Co., Inc. BILTMORE CONSTRUCTION CO., INC. Item # 6 18 9/17/2012 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve request from the owner of property addressed at 2352 Timbercrest Circle South to vacate the southernmost 5 feet of a 10- foot Drainage and Utility Easement; and pass Ordinance 8364-12 on first reading (VAC2012-04). SUMMARY: Previous owners of property located within city limits at 2352 Timbercrest Circle South constructed improvements within a platted drainage and utility easement. The improvements encroached on the southernmost five feet of the easement and the current owners have requested that this portion of the easement be vacated. The remaining five feet of easement is contiguous with a ten-foot drainage and utility easement on adjacent property effectively resulting in a fifteen-foot easement corridor. The Engineering Department conducted an interdepartmental review of the proposed vacation. Staff has no objection to the request. Progress Energy, Verizon, Bright House and Knology have no objection to the request. Review Approval: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Attachment number 2 \nPage 1 of 2 LOCATION MAP EASEMENT VACATION EASEMENT VACATION 2352 TIMBERCREST CIRCLE S Ord. No. 8364-12 Prepared by: Item # 7 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 232A Map Gen By:CRM Reviewed By: C_LDate:9/13/2012 Grid #:S-T-R:31-28S-16E Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 \nPage 2 of 2 Point of Commencement 5.00' NE Corner of Lot 268 Point of Beginning 5.00' 5.00' Woodgate of Countryside Unit Two Plat Book 71, Page 75 A 5' Utility Easement Vacation described as follows: Commence at the Northeast corner of Lot 268, as described in the plat titled "Woodgate of Countryside Unit Two" as recorded in Plat Book 71, Page 75, Pinellas County Public Records, Florida; thence Item # 7 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8358-12 on second reading, removing the Designation as an Historic Property for the property located at 405 Cleveland Street, Capitol/Royalty Theatre, under Community Development Code Section 4-607. SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8359-12 on second reading, removing the Designation as an Historic Property for the property located at 401 Cleveland Street, Clearwater Evening Sun/Lokey Building, under Community Development Code Section 4-607. SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 2 Item # 9 Attachment number 1 \nPage 2 of 2 Item # 9 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8360-12 on second reading, amending Division 7, Section 2.194, Code of Ordinances, decreasing the meeting frequency of the Library Advisory Board. SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 \nPage 1 of 2 Item # 10 Attachment number 1 \nPage 2 of 2 Item # 10 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8361-12 on second reading, 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, Special Development Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Harborview Fund, and Administrative Services Fund. SUMMARY: Review Approval: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 1 Item # 11 Attachment number 2 \nPage 1 of 4 Item # 11 Attachment number 2 \nPage 2 of 4 Item # 11 Attachment number 2 \nPage 3 of 4 Item # 11 Attachment number 2 \nPage 4 of 4 Item # 11 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8362-12 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2012, to reflect a net increase of $851,003. SUMMARY: Review Approval: Cover Memo Item # 12 Attachment number 1 \nPage 1 of 1 Item # 12 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8363-12 on second reading, vacating that certain portion of the 17-foot alley lying south of Lot 7, and the West 41.34 feet of Lot 6, Block B, and vacating that certain portion of the 28 foot alley lying west of Lots 21,22, and 23 of Block B, both properties being described in the Plat titled J.R. Davey, et. Al. Resubdivision located in Plat Book 1, Page 87 of the Public Records of Hillsborough County, of which Pinellas County was formerly a part. SUMMARY: Review Approval: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 3 Item # 13 Attachment number 1 \nPage 2 of 3 Item # 13 Attachment number 1 \nPage 3 of 3 Item # 13 Attachment number 2 \nPage 1 of 1 Item # 13 Attachment number 3 \nPage 1 of 1 Item # 13 Attachment number 4 \nPage 1 of 1 Item # 13 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program annual reports for fiscal years 2009-2010, 2010-2011 and 2011-2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assists local governments in meeting the housing needs of its population. The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Given the states budget shortfalls, funding for the SHIP Program has been drastically reduced over the years. The City received $97,329 for FY 2009-2010, zero dollars for Fiscal Year 2010-2011 and $96,983 for Fiscal Year 2011- 2012. We mainly used these SHIP funds and SHIP program income to match federal programs to be able to continue the city's housing programs. All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their annual reports by September 15 of every year. Recent changes to the Program now require the Mayors signature on the certifications. The annual reports provide details of expended funds, encumbered funds and a proposal of any unused funds for the next fiscal year. The reports also provide information on the strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: down payment and closing costs assistance, the rehabilitation of owner occupied single-family dwellings, and the acquisition and rehabilitation of one multi-family dwelling. During the program years covered by these reports, the City has assisted 27 households and has funds encumbered to assist at least another 5 households, and is projecting assistance for 30 households next year. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 14 Attachment number 1 \nPage 1 of 1 Item # 14 Attachment number 2 \nPage 1 of 1 * * Item # 14 Attachment number 3 \nPage 1 of 9 Item # 14 Attachment number 3 \nPage 2 of 9 Item # 14 Attachment number 3 \nPage 3 of 9 Item # 14 Attachment number 3 \nPage 4 of 9 Item # 14 Attachment number 3 \nPage 5 of 9 Item # 14 Attachment number 3 \nPage 6 of 9 Item # 14 Attachment number 3 \nPage 7 of 9 Item # 14 Attachment number 3 \nPage 8 of 9 Item # 14 Attachment number 3 \nPage 9 of 9 Item # 14 Attachment number 4 \nPage 1 of 5 Item # 14 Attachment number 4 \nPage 2 of 5 Item # 14 Attachment number 4 \nPage 3 of 5 Item # 14 Attachment number 4 \nPage 4 of 5 Item # 14 Attachment number 4 \nPage 5 of 5 Item # 14 Attachment number 5 \nPage 1 of 5 Item # 14 Attachment number 5 \nPage 2 of 5 Item # 14 Attachment number 5 \nPage 3 of 5 Item # 14 Attachment number 5 \nPage 4 of 5 Item # 14 Attachment number 5 \nPage 5 of 5 Item # 14 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $484,760.00 for the purchase of 1 new Pierce Heavy Duty Velocity Pumper, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, € Other governmental bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy-duty front line pumper (engine) to replace Engine 50, purchased in 1999, and will move the current Engine 50 to the reserve fleet to maintain required reserve units. The full price for one fire engine is $499,760.00. The manufacturer has offered a discount of $15,000 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. The current CIP project 91218, Fire Engine Replacement, has $508,350 of cash funding available. The City will be reimbursed by the County for a portion of the purchase, approximately 12%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. Estimated annual operating costs in the departments annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce fire engine is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perform all of the warranty work. Our Citys General Services Division will perform routine maintenance and testing. Annual pump testing will be performed by our Logistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. A heavy-duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly up-grade the abilities of the engine it replaces. The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the Cover Memo requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and Item # 15 operational features consistent with the departments needs. Type: Purchase Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 484,760.0025,000.00 Not to Exceed:Total Cost: 484,760.00484,760.00 For Fiscal Year: 10/01/2012 to 09/30/2013 Appropriation CodeAmountAppropriation Comment 0-315-91218-564000-522-484,760.00 000 Review Approval: Cover Memo Item # 15 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $775,210.00 for the purchase of 1 new Pierce Heavy Duty Velocity Squad, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, € Other governmental bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy-duty front line squad to replace Squad 51, purchased in 2005, and will move the current Squad 51 to the reserve fleet to replace an apparatus purchased in 1997. Squad 51 is a heavy rescue apparatus and responds to every working fire, every technical rescue, and each extrication call, including every second alarm motor vehicle accident. The full price for the squad is $803,210.00. The manufacturer has offered a discount of $28,000 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. The current CIP project 91266, Rescue Squad Replacement, has $850,000 of cash funding available. The City will be reimbursed by the County for a portion of the purchase, approximately 12%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Squad built by Pierce Manufacturing meets the operational needs of the Department. Estimated annual operating costs in the departments annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce squad is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, Vel/Impel/Qtm/AXT; 10 year on paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perform all of the warranty work. Our Citys General Services Division will perform routine maintenance and testing. Annual pump testing will be performed by our Logistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. A heavy-duty velocity rescue squad provides exceptional storage capabilities and increased operational functionality. This purchase will significantly up-grade the abilities of the apparatus it replaces. The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the Cover Memo requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational features consistent with the departments needs. Item # 16 Type: Purchase Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 775,210.0025,000.00 Not to Exceed:Total Cost: 775,210.00775,210.00 For Fiscal Year: 10/01/2012 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 0-315-91266-564000-522-775,210.00 000 Bid Required?:Bid Number: No Other Other Bid / Contract:Bid Exceptions: Government Bid Review Approval: Cover Memo Item # 16 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2012 through September 30, 2013 for database maintenance at a cost not to exceed $217,010, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual contract for Peoplesoft (payroll system) at $112,000, Oracle (database licensing) at $25,590, Oracle OWAM maintenance (asset management system) at $72,400, and Oracle Mobile Device at $7,020. This Purchase Order represents a $5,170 (2.4%) increase from a year ago. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: $217,010 For Fiscal Year: 10/1/2012 to 09/30/2013 Appropriation CodeAmountAppropriation Comment 0555-09864-546200-519-$217,010 000-0000 Review Approval: Cover Memo Item # 17 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October 1, 2012 to September 30, 2013 at a cost not to exceed $234,840, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: The total Verizon Purchase Order is $234,840, broken down as follows: Frame relay, Point to Point, T1's, and radio circuits for the network, $188,840; backup trunks for the PBX network in case the T1's fail, $11,000; DSL/High bandwidth service for Parks and Recreation, Fire, Engineering, and VADI circuits, $35,000. This Purchase Order represents a reduction of $40,260 (17%) from last year. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: $234,840 For Fiscal Year: 10/1/2012 to 09/30/2013 Appropriation CodeAmountAppropriation Comment 0555-09865-542100-519-$199,840 000-0000 0555-09862-530300-519-$35,000 000-0000 Review Approval: Cover Memo Item # 18 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $265,000; Ingram Library Services, Atlanta, GA - $160,000; and Midwest Tape, Holland, OH - $70,000 for the purchase of library books and other materials for the contract period October 1, 2012 through September 30, 2013, and authorize the appropriate officials to execute same. (consent) SUMMARY: Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for the acquisition of books and audiovisual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $495,000$495,000 Not to Exceed:Total Cost: $495,000 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0315-93527-564400-571-000-$495,000 0000 Bid Required?:Bid Number: No Impractical Other Bid / Contract:Bid Exceptions: to Bid Review Approval: Cover Memo Item # 19 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Department of Environmental Protection (DEP) Agreement: MV055 Amendment 1 for CVA11-615 for Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the Clearwater Beach Marina pump out vessel and authorize the appropriate officials to execute same. (consent) SUMMARY: This is the second year the DEP, under the Floridas Clean Vessel Act Grant Program, has agreed to reimburse costs directly associated with the proper collection and disposal of sewage from recreational boaters vessels. Grant funding has been approved in the maximum amount of $33,188.00 (75% of project costs) through August 31, 2013. The City match of $11,062.67 (25% equipment purchase, operation, maintenance and repair) will be accounted for in hourly wages and parts cost. The City is required to conduct operation of the pump out vessel under a Pump out Station Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pump out operation and assurances that the pump out vessel will be used solely for the collection of recreational boat sewage. A pump out log is required each calendar quarter. Review Approval: Cover Memo Item # 20 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one- year period commencing July 1, 2012 through June 30, 2013, and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of 3 officers over the one-year period will be $300,327. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no increase in reimbursement to the City for SRO services during the 2012/2013 contract period. The difference of $153,292 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At first quarter, specialproject 181-99264, School Resource Officers, will be amended to reflect the 2012/2013 funding. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2012/2013 contract. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. Type: Other Current Year Budget?:Budget Adjustment: NoneYes Budget Adjustment Comments: The amount of $153,292.00 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At first quarter, special project 181-99264, School Resource Officers, will be amended to reflect the 2012/2013 funding. $ Current Year Cost:Annual Operating Cost: $ 153,292.00 153,292.00 $ Not to Exceed:Total Cost: 153,292.00 For Fiscal Year: 2012 to 2013 Cover Memo Appropriation CodeAmountAppropriation Comment Item # 21 181-99264 153,292.00First quarter amendment will reflect the 2012/2013 funding. Review Approval: Attachment number 1 \nPage 1 of 9 SCHOOL RESOURCE OFFICER AGREEMENT made and entered into this ____day of ___ ___, 2012, THIS AGREEMENT, between the (referred to herein as the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA and (referred to herein as is for "Board"), THE CITY OF CLEARWATER, "Clearwater P.D."), the services to be provided by the Clearwater P.D. for the Schoo ("SRO Program"). WITNESSETH: the parties hereto value the collaboration and cooperation fostered by the WHEREAS, SRO Program and believe that all of society benefits when the sa where the threat of crime and disorder is reduced, the learning the true mission of teachers becomes more achievable; and the SRO Program provides an opportunity for students and law WHEREAS, enforcement officers to have positive interaction with one anoth enforcement officers' service to the community, and the Board and The City of Clearwater intend to provide law enforcement WHEREAS, and related services to the public schools of Pinellas County as the Board and Clearwater P.D. will mutually benefit from WHEREAS, the SRO Program.; for good and valuable consideration, the receipt and sufficiency of NOW, THEREFORE, which are hereby acknowledged, the parties agree as follows: ARTICLE I. The Obligations of Clearwater P.D. and the SROs are as follows: A.Provision of School Resource Officers. The Clearwater P.D. shall assign one regularly employed officer at each of the following schools: Cle Countryside High School, and Oak Grove Middle School. B.Designation and Selection of School Resource Officers. SROs have a dual role at the schools which they serve. They shall serve as "law enforceme meaning of 34 CFR § 99.8 (a)(1)(i)-(iii), and as "school officials" having a legitimate educational interest in information contained in student recordsng of 20 U.S.C. §1232g and F.S. § 1002.22 (3)(d)(2). The Chief of Clearwater P.D., or his designee, in consultation w school to which the SRO will be assigned shall select the SRO on criteria. 1. The SRO must have the ability to deal effectively with students. The age socioeconomic, and cultural composition of the students of the p considered in making this evaluation. Item # 21 Attachment number 1 \nPage 2 of 9 The SRO must have the ability to present a positive image and symb 2. of the entire police agency. A goal of the SRO Program is to fos police officers among young people. Therefore, the personality, communication skills of the SRO should be of such nature so that a positive image of the police agency is reflected. The SRO should sincerely want to wor students at the particular school to which he or she is assigned The SRO must have the ability to provide good quality educationa 3. services in the area of law enforcement. The education, backgrou communication level and skills of the SRO must be of high caliber so that the SRO can effectively and accurately provide resource teaching services. The SRO will spen time as practical in classroom instruction, dependent upon time The SRO and the Principal will formulate an acceptable plan cons circumstances and the needs of the school. The SRO must have the desire and ability to work cooperatively 4. with the Principal and his administrative staff. The SRO must be a state certified Law Enforcement Officer. 5. C. Regular Duty Hours/Absences of the School Resource Officers. The SRO will be assigned to his/her school on a full-time basis of 1. eight (8) hours on those days and during those hours that school SRO's specific duty hours shall be determined by the SRO supervi with the principal, to reflect the needs of the individual school. In each agency shall ensure that SROs are present during regular school routine duties that require an absence from campus should be acc prior to or after regular school hours. The SRO may be temporarily reassigned only during the period of a law enforcement emergency as such may be exist, by the Chief of Clearwater P.D. If it is necessary for the assigned SRO to be absent from school 2. than a full day, the SRO will notify the Principal and provide ins emergency police service may be obtained in his/her absence. If assigned SRO to be absent from school for a full day or more, th supply a substitute SRO. D. Duties of School Resource Officers. While on duty, the SRO shall perform the following duties: Speak to classes on the law, including search and seizure, crimi 1. law, motor vehicle law, and other topics when assigned to speak by the Principal. Act as a resource person in the area of law enforcement educatio 2. at the request of the Principal. Conduct criminal investigations of violations of law on School B 3. property. The Clearwater Police Department and the District agret petty acts of misconduct and misdemeanors, including, but not limited to, mino should ordinarily not be referred to law enforcement for prosecu ordinarily result in a student arrest. The District encourages sools to use alternatives to expulsion or referral to law enforcement agencies unless the use pose a threat to school safety. Individual SRO's are encouraged to exercise discretion 2 Item # 21 Attachment number 1 \nPage 3 of 9 and to divert student offenders to school based discipline or community based diversion where appropriate and authorized by department policy Provide school-based security and maintain the peace on School 4. Board property, to include in assisting with the development, im evaluation of security programs/crisis plans in their assigned s Make arrests and referrals of criminal law violators. 5. Appear at State Attorney investigations, depositions, trials and 6. sentencing. Provide transportation to the Pinellas County Juvenile Assessment 7. Center (PJAC), Juvenile Addiction Receiving Facility (JARF), and Coordinate Emergency Medical Service (EMS) at the request of the 8. Principal, or his/her designee. Receive and dispatch complaints via telephone, walk-in and radios. 9. Develop, implement, and evaluate security programs in the school 10. assigned. Coordinate with school administrators, faculty and staff, law 11. enforcement agencies, and courts to provide school-based security to maintain the peace and promote order on the school campuses. Create and maintain all records, including security and surveill 12. camera recordings made at the school site, whether recorded by v other medium, (but excluding school bus recordings), witness or ements, interviews or other documents made in connection with the law en forth in this Agreement. Such records shall constitute "law enfo the meaning of 34 CFR § 99.8(b) (I)(i)-(iii), while in the hands of the SRO or other law enforcement officer. When such records are made available to sch disciplinary or other legitimate educational purposes they shall confidential student records subject to the Family Educational RPrivacy Act, 20 U.S.C. §12328; 34 CFR Part 99, and H1002.22, 1002.221, F.S. The with all laws and policies applicable to such records in both th student record capacities. With respect to school bus recordings are under the control of the Pinellas County Schools Police, the SRO shall con Schools Police to coordinate all issues necessary to access, vie otherwise use the school bus recording. Maintain a file on property reported lost and/or stolen at the SRO's 13. school. Provide counseling or referrals to students as needed. 14. Secure, handle and preserve evidence. 15. Recover School Board property through working with other police 16. agencies. 3 Item # 21 Attachment number 1 \nPage 4 of 9 Make referrals to social agencies. 17. 18. Relay messages in emergency situations (such as, tornadoes, or hurricanes) 19. Provide special truancy investigations and prepare for prosecution. 20. Coordinate investigation of bus stop incidents. 21. Wear the official police uniform which shall be provided at the expense of the law enforcement agency; however, civilian attire may be worn on such occasions as may be mutually agreed upon by the Principal and the SRO supervisor. 22. Perform such other duties as mutually agreed upon by the Principal and the SRO, so long as the performance of such duties are legitimately and reasonably related to the SRO Program as described in this Agreement, and so long as the duties are consistent with State and Federal law and the policies and procedures of the Clearwater P.D. 23. Follow and conform to the School Board Policy Manual, which is available at each school site and F.S. §1006.12, that does not conflict with the policies and procedures of the Clearwater P.D. The parties to this agreement shall abide by all Federal and State Civil Rights legislation including the Civil Rights Act of 1964 and its' subsequent amendments. 24. Provide a Monthly Activities Report or such other report regarding his/her activities, as may be required by the Superintendent or designee. A copy of the report shall be provided to the principal on a monthly basis. 25. SROs are recognized as an active part of the school's administrative team. Their duties as a team member reflect their agency's directions and lend their expertise to the review of activities, duty assignments, scheduling and identification of potential problems. 26. The Clearwater Police Department will provide an opportunity for Principals to provide input on the SRO's performance. E. Support Services to be Provided by Clearwater P.D. The Clearwater P.D. shall supply the following support services for SROs: 1. Maintain and file Uniform Crime Reporting (UCR) records according to law. 2. Maintain a dispatch log, consistent with accepted law enforcement management practices. 3. Provide copies of all reports taken by the School Resource Officer to the Pinellas County Schools Police, upon request, as the law allows. 4. Provide each SRO with a patrol automobile and all other necessary or appropriate police equipment. The cost of purchasing, maintaining, and repairing police equipment provided under this agreement shall be borne by the Clearwater P.D. 5. Maintain copies of reports generated by officers in compliance with State and Federal laws. 6. Maintain fingerprints and photographs of arrestees in compliance with State and Federal laws. 4 Item # 21 Attachment number 1 \nPage 5 of 9 ARTICLE II. Relationship of SROs to Board and Clearwater P.D. A. The SRO shall be an employee of the Clearwater P.D. and not an e the Board. The Clearwater P.D. shall be responsible for the hiri dismissal of its personnel. Board employees shall report allegat SRO's immediate supervisor or to the department's internal affai shall not conduct an internal investigation of alleged improper uct on the part of the SRO. B. Nothing in this agreement or the relationship between the CPD an the CPD and the SRO to enforce the law. It is not the intent of ties, and this the SRO to enforce the law for the benefit of any person or grou C. It is not the intention of the parties to, and this agreement sh be this agreement. ARTICLE III. Charges for SRO Services. In consideration of the services provided herein, the Board shal Clearwater the sum of $49,011.50 (Forty Nine Thousand Eleven Dollars and Fifty Cents) each of the three SROs totaling the sum of $147,034.50 (One Hund Thirty Four Dollars and Fifty Cents) for the 2012-2013 contractual term. To the extent that security services are provided by Clearwater P.D. at school functions occurring after regular school hours, Clearwater P.D. shall be p Clearwater P.D. salary policy and procedures. The school at whic shall be billed for such services within thirty (30) days from the date o th provided during May shall be submitted no later than the 15 of June. ARTICLE IV. Problem Resolution. The parties, their agents and employees will cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be the Superintendent, the Board and the Chief, or their designees. ARTICLE V. Amendments. Changes in the terms of this Agreement may be accomplished only by formal amendment in writing approved by the Clearwater P.D. and the Boa ARTICLE VI. Transfer of SROs. Both the School Board and Clearwater P.D. desire to avoid the tr request of a principal. Therefore, except in egregious circumstances when the SRO's behavior warrants immediate removal, the following procedures must be fol A.Principals should engage in good personnel management practices discussing any issues or concerns with the SRO first, followed by consultation with the SRO's supervisor if necessary. 5 Item # 21 Attachment number 1 \nPage 6 of 9 B.If, after sufficient time has been given for the SRO to modify h and concerns still exist, then the Principal will recommend to t SRO be transferred from the school, stating the reasons for the recomme C.Within a reasonable period of time after receiving the recommend to remove an SRO, the Area Superintendent, or designee, will con designee, to attempt to resolve any problem that may exist between the SRO and staff at his/her assigned school. 1.With the agreement of the Superintendent and the Chief, or their the SRO, or specified members of the staff from the school, may be present at that meeting. 2.If, within a reasonable amount of time, the problem cannot be re the opinion of both the Superintendent and Chief, or their desig transferred from the school and a replacement will be selected, as provided elsewhere in this Agreement. This Article does not provide the SRO any rights separate and ap Clearwater P.D.'s collective bargaining agreement with its union not individual SROs, can seek enforcement of the provisions of this Agreement. Nothing herein shall preclude the Clearwater P.D. from unilaterally transferrin Term of Agreement. ARTICLE VII. The term of this Agreement shall be for 1 year beginning on July 1, 2012 through June 30, 2013. Materials and Facilities Supplied by Board. ARTICLE VIII. The Board shall provide the SRO, in each school to which an SRO following materials and facilities necessary to the performance SRO: A.Access to a private office which is air conditioned and properly telephone, to be used for general business purposes. Whenever pr provided with a private office. Upon request, SROs will be provis to the Board's computer network to the extent that it is economically practicabwill provide P.D. the computer hardware to be utilized by the SRO, although each i such hardware in its sole discretion. If access is provided, existing school security procedures must be followed, to include secure network access for both the use must conform to school board policy 7540.04, Use of Electron B.A location for files and records which can be properly locked and secured. C.A desk with drawers, a chair, work table, filing cabinet, and of paper, pencil, pens, etc.). D.Access to a typewriter and/or secretarial assistance. E.The SRO will be issued keys for complete access on the campus to which he/she is assigned in accordance with the school safety plan. In the ev misplaced, or stolen through negligence, the cost of any re-keying of the facility shall be borne equally by the law enforcement agency and the Board. 6 Item # 21 Attachment number 1 \nPage 7 of 9 Termination. ARTICLE IX. This Agreement may be terminated by either party for cause upon notice that the other party failed substantially to perform in a conditions of this Agreement through no fault of the party initiating termi Agreement may be terminated without cause by either party upon t notice. Defense of Legal Actions. ARTICLE X. Subject to the limitations contained in F.S. §111.07, the Clearwater P.D. A. shall defend any lawsuit filed against the Clearwater P.D. or th of services performed by the Clearwater P.D. Clearwater P.D. pro followed in handling such suits. The Clearwater P.D. shall pay any judgment rendered against it according to law. Nothing contained herein shall be c provisions of F.S. §768.28 as the same applies to both the Clear Board. The Board shall defend any lawsuit filed against the Board which B. arises out of services performed by the Board. Board procedures in handling such suits. The Board shall pay any judgment rendere according to law. Nothing contained herein shall be construed to provisions of F.S. §768.28 as the same applies to both the Board and the Clearwater P.D. ARTICLE Xl. Miscellaneous. Assignment. This Agreement may not be assigned without the written A. consent of the Clearwater P.D. and the Board. Severability. Should any section or part of any section of this B. Agreement be rendered void, invalid, or unenforceable by any cou reason, such a determination shall not render void, invalid, or other section or any part of any section of this contract. Notification. All notices, requests, demands, or other communications C. hereunder shall be in writing and shall be deemed to have been s delivery date appearing upon the return receipt if sent by certi prepaid with return receipt requested, at the address listed below, or upon the actual date of delivery, if hand delivered to the address below. change the below-listed address at which it receives written notices by so notify the other party hereto in writing. Clearwater P.D. to: Copy to: Chief of Police, Clearwater P.D. City Attorney, City of Clearwater 645 Pierce St. 112 S. Osceola Ave. Clearwater, FL 33756 Clearwater, Fl 33756 Board to: Copy to: Chief of Police Office of School Board Attorney Pinellas County Schools Police Pinellas County School Board th 11111 S. Belcher Rd. 301 4 St. SW Largo, FL 33773 Largo, FL 33770 7 Item # 21 Attachment number 1 \nPage 8 of 9 Waiver. No act or omission or commission of either party, including D. without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Suc or modification is to be effected only through a written modific Agreement. Governing Law and Venue. This Agreement is to be construed in E. accordance with the laws of the State of Florida. Venue for any asserted by either party hereto brought in state courts shall be Florida. Venue for any action brought in Federal court shall be in the Middle District of Florida, Tampa Division. Headings. The paragraph headings are inserted herein for F. convenience and reference only, and in no way define, limit, or describe the scope or intent of any provisions hereof. Due Authority. Each party to this Amendment represents and warrants G. to the other party that (I) they are duly organized, qualified a under the laws of the State of Florida, and (ii) all appropriate to duly authorize the persons executing this Amendment to so execute the same and fully bind the parties on whose behalf they are executing. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the _____ day of__________, 2012. THE SCHOOL BOARD OF PINELLAS COUNTY , FLORIDA By: ________________________________ Attest: _________________________ Print: ______________________________ Print: __________________________ Chairman Ex-Officio Secretary CITY OF CLEARWATER, FLORIDA By: ________________________________ Attest: _________________________ Print: ____________________________ Print _________________________ City Manager City Clerk Approved as to form: Sign:_____________________ ______________________________ Print:_____________________ Print:__________________________ School Board Attorney, City Attorney Pinellas County Schools 8 Item # 21 Attachment number 1 \nPage 9 of 9 Signature Page School Resource Officer Program (2012-2013) Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk 9 Item # 21 Attachment number 2 \nPage 1 of 2 Item # 21 Attachment number 2 \nPage 2 of 2 Item # 21 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract to Construction Manager at Risk, Biltmore Construction, of Belleair, FL., in an amount not to exceed $86,105, plus $3895 excess funding for unforeseen field conditions; establish a Capital Improvement Program (CIP) project for the Fire Training Facility Concrete Pad Repair; close completed projects returning funds to the General Fund; and authorize the appropriate officials to execute same. (consent) SUMMARY: The concrete slab at Fire Station 48 has been damaged due to the lateral load created by service vehicles. King Engineering was hired to evaluate the slab and recommend the appropriate repairs to ensure a substantial life cycle of the structure. Furthermore, drainage improvements will be made onsite to ensure proper conveyance of surface water. Biltmore Construction, of Belleair, Florida, was selected as the Construction Manager at Risk in accordance with the Citys Continuing Contract agreement. First quarter budget amendments will establish CIP project 0315-91267, Fire Training Facility Concrete Pad Repair with transfers in amounts of $60,836.31 from 0315-91221, EMS Capital Equipment (closing the project), and $29,163.69 from 0315-91256, Security Access Systems for total funding in the amount of $90,000.00 to fund the Concrete Pad Repairs and unforeseen field conditions; and return remaining balance of $23,569.20 in CIP 315-91256 to the General Fund to close the project. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: See Summary Current Year Cost:Annual Operating Cost: $90,000 Not to Exceed:Total Cost: $90,000$90,000 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0315-91267-563800-522-000-$86,105 0000 Bid Required?:Bid Number:Cover Memo No Other Bid / Contract:Bid Exceptions: None Item # 22 Review Approval: Attachment number 1 \nPage 1 of 4 B BILTMORE C O N S T R U C T I O N September5,2012 Mr.RogerBeatty CityofClearwater EngineeringDepartment P.O.Box4748 Clearwater,FL337584748 Re:FireStation#48‘ConcreteSlabRepairandGradingProposal. DearMr.Beatty: Asperyourrequest,subjecttotheClarificationsandQualificationslistedherein,thetotalcost toprovidetheconcreteslabrepairandpondembankmentregradingworkasoutlinedbelowis asfollows: DESCRIPTIONAMOUNT /š­·šE‘š©‰t /š“-©;·;­Œ,©;¦z©$51,965.00 Demoanddisposeofexisting xX40wconcreteslab. Inspect/repairexistingtiebacksandanchors(Allowance) Installfilterfabricalongexistingsheetpilingjoints Installsuitablebackfillmaterialandcompactatslab FormandpournewClassIV,5500PSIconcreteslabapprox7{thick Install#4/5rebarmat, OCatnewslabareainlieuofwiremesh Removeexistinglandscapingatpondembankment RegradepondembankmenttoallowfordrainageInstallGeomat Installnewsodasrequired w;m©7;‰­·š©’Þ·;©©;ޚ©‰·¦·zš.5 {Ò,·š·Œ.­;t©š¦š­Œ Design/TestingAllowance(KingEngineering)$5,000.00 GeneralConditions/Supervision/Insurance$6,800.00 CMFee$3,900.00 Contingency$5,000.00 š·Œt©š¦š­ŒÅ ru Item # 22 1055 Ponce de Leon Boulevard Belleair, Florida 33756 727-585-2084 Fax 727-585-2088 Attachment number 1 \nPage 2 of 4 J.ParkertoR.Beatty September6,2012 Page2of4 ClarificationsandQualifications OwnerandConstructionManager/Contractoragreenotwithstandinganyothercovenantthat, duetothespecialnatureofthisproject,theConstructionManager/Contractorundertakesthis worksubjecttothefollowingspecialconditions,terms,andunderstandings: 1.ScopeofWork Provideallmaterialsandlaborrequiredtocompletethepartialconcreteslabreplacement andpondembankmentworkasoutlinedinKing9“mz“;;©z“mx­TechnicalMemorandum datedMay11,2011. Theworkwillconsistofthefollowing: Sawcut,removeanddisposeofexisting xX40wconcreteslab. Inspect/repairexistingtiebacksandanchors.A Å r u allowanceis includedinthecostoftheworkabovetoexposeandperformrepairs,if necessary,ontheexistingtiebacks. Excavateandinstallfilterfabricalongexistingsheetpilingjoints. Installsuitablebackfillmaterialandcompactatslab. FormandpournewClassIV,5500PSIconcreteslabapprox7{thick.The Technicalmemorandumcallsfora|slab,butduetotheheavyloadswe haveincludedpricingfora|slab. Install#4and5rebarmat, OCatnewslabareainlieuofwiremesh. Thetechnicalmemorandumcallsforwiremesh. Removeexistinglandscapingatpondembankment. RegradepondembankmenttoallowfordrainageInstallGeomat. Installnewsodasrequired Anallowanceof År u isincludedforanydrawingsthatmaybe necessaryforCitypermittingandcompaction/materialstesting. Inlieuoftyingbacktotheexistingpilecap,wehaveincludedabellfooter attheWestedgeoftheslabalongthesheetpiling. 1)Timeofperformance‘ConstructionManagerwillendeavortoSubstantiallyCompletethe ScopeoftheWorkinfortyfivecalendardays(45)fromthereceiptoftheNoticetoProceed andallrequiredpermits.Finalcompletionwillbethirty(5)calendardaysafterSubstantial Completion. 2)Noliquidateddamagesareineffectforthisproject. 3)NopermitfeesareincludedasthisisaCityofClearwaterproject. Item # 22 Attachment number 1 \nPage 3 of 4 J.ParkertoR.Beatty September6,2012 Page3of4 4)NoSWFWMDpermittingisanticipatedorincludedastheworkisconsidered maintenance/repairofexisting. 5)TheConstructionManagershallobservethehޓ;©x­guidelinesforprojectsecurityatall times.NowatchmanserviceisincludedinthisProposal. 6)Duetothenatureofthiswork,BuildersRisk/propertyinsurancecannotbeprovided. 7)UseofcontingencyfundsmustbeapprovedinwritingbyThe/z·äx­projectmanageror appointedrepresentative. 8)Notemporarytrailerfacilitiesareanticipatedorincluded. 9)Testingandsurveyingservicesarenotincludedunlessincludedabove. 10)TheCityreservestherighttoacceptand/orrejectsubcontractors. 11)WarrantiesandGuarantees: BiltmoreConstructionCo.,Inc.totheOwner BiltmoreConstructionCo.,Inc.warrantstotheOwnerthatthematerialsandworkmanship furnishedunderthisContractwillbeofgoodqualityandnewunlessotherwiserequiredor permittedbytheConstruction/ContractDocuments,thattheWorkwillbefreefromdefects thattheWorkwillconformwiththe notinherentinthequalityrequiredorpermitted,and requirementsoftheConstruction/ContractDocuments.Worknotconformingtothese requirements,maybeconsidereddefective.BiltmoreConstructionCo.,L“-ux­warranty excludesremedyfordamageordefectcausedbyinsufficientmaintenance,improper operation,actsofgod/nature,vandalismornormalwearandtearundernormalusage.The termanddurationofthisexpresswarrantyisone(1)yearfromtheDateofSubstantial Completion.TheprovisionshereinshallnotpreventtheOwnerfromproceedingdirectly againstthemanufacturerand/orinstallerforsuchlongerperiodoftimeasallowedbystate statute. Installer/SubcontractorWarrantiesandGuarantees TheSubcontractorshallwarranttotheOwnerandtoBiltmoreConstructionCo.,Inc.thatall workmanshipandmaterialsarefreefromdefectsininstallation.Theexpress warranty/guaranteeshallbeconsistentwiththedurationsstipulatedinthe Construction/ContractDocuments,customarilyone(1)yearfromtheDateofSubstantial Completion. Notwithstandinganythingtothecontrary,neitherBiltmoreConstructionCo.,Inc.,norits Item # 22 surety,northeSubcontractorshallhaveanyjoint/severalliabilityrelatingto,norshallthey Attachment number 1 \nPage 4 of 4 J.ParkertoR.Beatty September6,2012 Page4of4 beobligatedtounderwrite,orinanywaybecomeguarantor(s)ofany’“ÒE-·Ò©;©x­ warranty/guarantyorproducttotheOwner.TheOwnershallbeprovidedwiththe {­·“7©7|’“ÒE-·Ò©;©x­warranty,anditshallsatisfytherequirementsunderthe Construction/ContractDocumentsrelatingthereto. a“ÒE-·Ò©;©x­ExpressWarranties/Guarantees BiltmoreConstructionCo.,Inc.shallcollectandtransmittotheOwneranyandallstandard ’“ÒE-·Ò©;©x­warrantiesandstandard’“ÒE-·Ò©;©x­guaranteesspecifiedinthe Construction/ContractDocuments.TheobligationandliabilityofBiltmoreConstructionCo., Inc.and/oritssuretyislimitedtothecollectionandpropertransmittalofthesewarranties andguaranteestotheOwner. ExistingWarranty/Guarantee: Notificationtoanypreviousorexistingguarantortomaintainanypreexistingwarrantyis notincluded. 12)ThisproposalisbasedupontheperformanceundertheexistingContinuingAreaContract forTheCityofClearwaterdatedFebruary28,2011. andagrees 13)Notwithstandinganythingtothecontrary,theOwnerspecificallyacknowledges thattheConstructionManager(Contractor)operatesonapaywhenpaidbasiswithits subcontractors,andnothingcontainedhereinorelsewhereshallbeinterpretedtorequire theConstructionManagerand/oritsSuretytoremitanypayment(includingfinalpayment) final)fromtheOwner. tosubcontractorspriortothereceiptofpayment(including Pleasecontactusifyouhaveanyquestions. Verytrulyyours, JeffParker VicePresident JP/gb Item # 22 Attachment number 2 \nPage 1 of 4 B BILTMORE C O N S T R U C T I O N September7,2012 Mr.RogerBeatty CityofClearwater EngineeringDepartment P.O.Box4748 Clearwater,FL337584748 Re:FireStation#48‘PatioDrainageRestoration DearMr.Beatty: Asperyourrequest,subjecttotheClarificationsandQualificationslistedherein,thetotalcost toprovidethepatiodrainagecorrectionworkaspertheAlternate#1oftheTechnical MemorandumpreparedbyKingEngineeringdatedMay19,2011asoutlinedbelowisas follows: DESCRIPTIONAMOUNT /š­·šE‘š©‰t w;m©7;‰­·š©’Þ·;©©;ޚ©‰·¦·zš$9,800.00 CameraexistingstormwaterlinefromthepatiototheEastpropertyline RegradeWestofpatiotoallowfordrainagetotheexistingpond ResodareaWestofpatio CreateVshapedditchfromEastofpatiosidewalktoexistingstormwater connection Resodditcharea {Ò,·š·Œ.­;t©š¦š­Œ9,800.00 Design/TestingAllowance(KingEngineering)NIC GeneralConditions/Supervision/Insurance$1,900.00 CMFee$740.00 Contingency$1,000.00 š·Œt©š¦š­ŒÅ r u Item # 22 1055 Ponce de Leon Boulevard Belleair, Florida 33756 727-585-2084 Fax 727-585-2088 Attachment number 2 \nPage 2 of 4 J.ParkertoR.Beatty September6,2012 Page2of4 ClarificationsandQualifications OwnerandConstructionManager/Contractoragreenotwithstandinganyothercovenantthat, duetothespecialnatureofthisproject,theConstructionManager/Contractorundertakesthis worksubjecttothefollowingspecialconditions,terms,andunderstandings: 1.ScopeofWork Provideallmaterialsandlaborrequiredtocompletethepartialconcreteslabreplacement andpondembankmentworkasoutlinedinKing9“mz“;;©z“mx­TechnicalMemorandum datedMay11,2011. Theworkwillconsistofthefollowing: CameraexistingstormwaterlinefromthepatiototheEastpropertyline RegradeWestofpatiotoallowfordrainagetotheexistingpond ResodareaWestofpatio CreateVshapedditchfromEastofpatiosidewalktoexistingstormwater connection Resodditcharea CameraexistingstormwaterlinefromthepatiototheEastpropertyline RegradeWestofpatiotoallowfordrainagetotheexistingpond ResodareaWestofpatio CreateVshapedditchfromEastofpatiosidewalktoexistingstormwater connection 1)Timeofperformance‘ConstructionManagerwillendeavortoSubstantiallyCompletethe ScopeoftheWorkinThirtycalendardays(30)fromthereceiptoftheNoticetoProceed andallrequiredpermits.Finalcompletionwillbethirty(5)calendardaysafterSubstantial Completion. 2)Noliquidateddamagesareineffectforthisproject. 3)NopermitfeesareincludedasthisisaCityofClearwaterproject. 4)NoSWFWMDpermittingisanticipatedorincludedastheworkisconsidered maintenance/repairofexisting. 5)TheConstructionManagershallobservethehޓ;©x­guidelinesforprojectsecurityatall times.NowatchmanserviceisincludedinthisProposal. 6)Duetothenatureofthiswork,BuildersRisk/propertyinsurancecannotbeprovided. Item # 22 Attachment number 2 \nPage 3 of 4 J.ParkertoR.Beatty September6,2012 Page3of4 7)UseofcontingencyfundsmustbeapprovedinwritingbyThe/z·äx­projectmanageror appointedrepresentative. 8)Notemporarytrailerfacilitiesareanticipatedorincluded. 9)Testingandsurveyingservicesarenotincludedunlessincludedabove. 10)TheCityreservestherighttoacceptand/orrejectsubcontractors. 11)WarrantiesandGuarantees: BiltmoreConstructionCo.,Inc.totheOwner BiltmoreConstructionCo.,Inc.warrantstotheOwnerthatthematerialsandworkmanship furnishedunderthisContractwillbeofgoodqualityandnewunlessotherwiserequiredor permittedbytheConstruction/ContractDocuments,thattheWorkwillbefreefromdefects notinherentinthequalityrequiredorpermitted,andthattheWorkwillconformwiththe requirementsoftheConstruction/ContractDocuments.Worknotconformingtothese requirements,maybeconsidereddefective.BiltmoreConstructionCo.,L“-ux­warranty excludesremedyfordamageordefectcausedbyinsufficientmaintenance,improper usage.The operation,actsofgod/nature,vandalismornormalwearandtearundernormal termanddurationofthisexpresswarrantyisone(1)yearfromtheDateofSubstantial Completion.TheprovisionshereinshallnotpreventtheOwnerfromproceedingdirectly againstthemanufacturerand/orinstallerforsuchlongerperiodoftimeasallowedbystate statute. andGuarantees Installer/SubcontractorWarranties TheSubcontractorshallwarranttotheOwnerandtoBiltmoreConstructionCo.,Inc.thatall workmanshipandmaterialsarefreefromdefectsininstallation.Theexpress warranty/guaranteeshallbeconsistentwiththedurationsstipulatedinthe Construction/ContractDocuments,customarilyone(1)yearfromtheDateofSubstantial Completion. Notwithstandinganythingtothecontrary,neitherBiltmoreConstructionCo.,Inc.,norits surety,northeSubcontractorshallhaveanyjoint/severalliabilityrelatingto,norshallthey beobligatedtounderwrite,orinanywaybecomeguarantor(s)ofany’“ÒE-·Ò©;©x­ warranty/guarantyorproducttotheOwner.TheOwnershallbeprovidedwiththe {­·“7©7|’“ÒE-·Ò©;©x­warranty,anditshallsatisfytherequirementsunderthe Construction/ContractDocumentsrelatingthereto. a“ÒE-·Ò©;©x­ExpressWarranties/Guarantees Item # 22 Attachment number 2 \nPage 4 of 4 J.ParkertoR.Beatty September6,2012 Page4of4 BiltmoreConstructionCo.,Inc.shallcollectandtransmittotheOwneranyandallstandard ’“ÒE-·Ò©;©x­warrantiesandstandard’“ÒE-·Ò©;©x­guaranteesspecifiedinthe Construction/ContractDocuments.TheobligationandliabilityofBiltmoreConstructionCo., Inc.and/oritssuretyislimitedtothecollectionandpropertransmittalofthesewarranties andguaranteestotheOwner. ExistingWarranty/Guarantee: Notificationtoanypreviousorexistingguarantortomaintainanypreexistingwarrantyis notincluded. 12)ThisproposalisbasedupontheperformanceundertheexistingContinuingAreaContract forTheCityofClearwaterdatedFebruary28,2011. 13)Notwithstandinganythingtothecontrary,theOwnerspecificallyacknowledgesandagrees thattheConstructionManager(Contractor)operatesonapaywhenpaidbasiswithits subcontractors,andnothingcontainedhereinorelsewhereshallbeinterpretedtorequire theConstructionManagerand/oritsSuretytoremitanypayment(includingfinalpayment) tosubcontractorspriortothereceiptofpayment(includingfinal)fromtheOwner. Pleasecontactusifyouhaveanyquestions. Verytrulyyours, JeffParker VicePresident JP/gb Item # 22 Attachment number 3 \nPage 1 of 1 LOCATION MAP MANOR BLVD PROJECT LOCATION FIRE STATION 48 TRAINING SITE CONCRETE PAD & DRAINAGE EVALUATION PROJECT Prepared by: Item # 22 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 262B Map Gen By:CRM Reviewed By:RTB Date:08/08/2012 Grid #:S-T-R:01-29S-15E Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a CDM Smith Supplemental Work Order in the amount of $378,398.59 for additional engineering design of the Reverse Osmosis Plant No. 1 Expansion Project (09-0018-UT); and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item provides for additional engineering and design services for the construction of the Reverse Osmosis Plant No. 1 Expansion Project. The original design Work Order was approved on September 22, 2010 and involved design services to expand the existing Reverse Osmosis Plant at Reservoir 1 from 3 million gallons a day to 4.5 million gallons a day in accordance with the Citys Water Supply Master Plan. The Supplemental Work Order engineering services include: additional meetings required to coordinate with RO Plant 2 design related to the backwash/concentrate lines and to coordinate with design concept changes by the Citys Parks and Recreation department related to the proposed ballfield improvements; additional design services related to adding an additional backwash line from RO Plant 1 to RO Plant 2; evaluating additional membrane alternatives; additional site plan iterations for storm grading and drainage related to design changes related to the ballfield designs; additional evaluation and design of an adsorption system; additional evaluation and design of backwash decanting and solids disposal system; and the performance of two additional pilot tests. All of these supplemental services are being performed in anticipation of significant construction and operating savings. The overall design is anticipated to be complete by October 2012, with the construction phase scheduled for completion by December 31, 2013. CDM Smith is one of the Citys Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Sufficient funding is available in Capital Improvement Program project 0315-96764, RO 1 Plant Expansion in the amount of $378,398.59. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: See Summary Current Year Cost:Annual Operating Cost: $378,398.590 Not to Exceed:Total Cost: $378,398.59 For Fiscal Year: to Appropriation CodeAmountAppropriation Comment Cover Memo 0315-96764-561300-533-000-$378,398.59See Summary Item # 23 0000 Review Approval: Attachment number 1 \nPage 1 of 7 Item # 23 Attachment number 1 \nPage 2 of 7 Item # 23 Attachment number 1 \nPage 3 of 7 Item # 23 Attachment number 1 \nPage 4 of 7 Item # 23 Attachment number 1 \nPage 5 of 7 Item # 23 Attachment number 1 \nPage 6 of 7 Item # 23 Attachment number 1 \nPage 7 of 7 Item # 23 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recommend Mayor George N. Cretekos as Clearwater's representative on the Tourist Development Council for a 4-year term beginning November 1, 2012. (consent) SUMMARY: Mayor George N. Cretekos is the current representative; term expiring October 31, 2012. Pinellas County confirms the appointment. Review Approval: Cover Memo Item # 24 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Council Policies 2.C, 4.M, 11.R , 16.T , 18.D, and 23.A. (consent) SUMMARY: At the August 13, 2012 work session, Council directed staff to implement the following changes: 2.C - Budget Review Process : It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 4.M - Special Event Fees : There was consensus to strike World Triathlon Corp. 16.T.1  Clearwater Gas System Supply Hedging Policy : In above policy, these terms are defined as:  18.D.3  Citizen Inquiries : Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor with an introductory phrase of €On behalf ofusing the phraserepresenting the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to be sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. 23.A  Application Fee Waivers : St. Petersburg Jr. College Staff is requesting to amend the Debt Management Policy (11.R) by adding the following language: Post-Issuance Compliance A.In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post- Issuance Compliance monitoring is required at regular intervals as follows: 1)Identification of debt-financed facilities and ongoing tax requirements -at time of issue, including a review of tax certificate executed at closing Cover Memo 2)Qualified use of bond proceeds ‚ongoing Item # 25 3)Qualified use of facilities financed with debt proceeds -ongoing by monitoring discussions at staff meetings 4)Arbitrage yield restriction and rebate ‚annually as soon as bank statements containing the last day of the bond year are available 5)Maintenance of bona fide debt service fund ‚recalculate sinking fund deposit requirements semi- annually after each interest payment date 6)Continuing Disclosure documents other than Significant Events and Notices to Bondholders ‚annually by due dates through EMMA Dataport 7)Significant Events ‚upon occurrence through EMMA Dataport 8)Notices to Bondholders ‚upon occurrence of an event requiring notice B.Procedures for Ensuring Timely Compliance 1)The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2)The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3)The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4)The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi- annually after each interest payment, and annually after each principal payment. 5)The Finance Director (or designee) will consult with the Citys Disclosure Counsel, as needed, regarding disclosure of Significant Events. C.Procedures Reasonably Expected to Timely Identify Noncompliance 1)The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2)The Finance Director (or designee) will send required continuing disclosure documents to the Citys Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3)Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4)The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D.Procedures for Ensuring Timely Correction of Noncompliance 1)When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a €remedial action should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2)Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E.Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1)Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. Cover Memo 2)Documents evidencing expenditure of debt proceeds, including but not limited to: Item # 25 a)Construction contracts b)Purchase orders c)Invoices and applications for payment d)Trustee requisitions and payment records e)Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f)Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g)A final schedule of property financed by the debt and final allocation of debt proceeds. 3)Documentation evidencing the use of debt-financed property, including records of lease or sale of debt- financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4)Documentation evidencing all sources of payment or security for the debt. 5)Documentation pertaining to investment of debt proceeds, including but not limited to: a)Purchase and sale of securities b)SLGs subscriptions c)Yield calculations for each class of investments d)Actual income received from the investment of proceeds e)Investment agreements f)Trustee statement g)Arbitrage rebate calculations and reports. Review Approval: Cover Memo Item # 25 Attachment number 1 \nPage 1 of 35 Item # 25 Attachment number 1 \nPage 2 of 35 Item # 25 Attachment number 1 \nPage 3 of 35 Item # 25 Attachment number 1 \nPage 4 of 35 BOARDS Item # 25 Attachment number 1 \nPage 5 of 35 BUDGET and FINANCE Item # 25 Attachment number 1 \nPage 6 of 35 Item # 25 Attachment number 1 \nPage 7 of 35 Item # 25 Attachment number 1 \nPage 8 of 35 Item # 25 Attachment number 1 \nPage 9 of 35 Item # 25 Attachment number 1 \nPage 10 of 35 Item # 25 Attachment number 1 \nPage 11 of 35 Item # 25 Attachment number 1 \nPage 12 of 35 Item # 25 Attachment number 1 \nPage 13 of 35 Item # 25 Attachment number 1 \nPage 14 of 35 Item # 25 Attachment number 1 \nPage 15 of 35 Item # 25 Attachment number 1 \nPage 16 of 35 Item # 25 Attachment number 1 \nPage 17 of 35 Item # 25 Attachment number 1 \nPage 18 of 35 Item # 25 Attachment number 1 \nPage 19 of 35 Item # 25 Attachment number 1 \nPage 20 of 35 Item # 25 Attachment number 1 \nPage 21 of 35 CITY COUNCIL Item # 25 Attachment number 1 \nPage 22 of 35 Item # 25 Attachment number 1 \nPage 23 of 35 Item # 25 Attachment number 1 \nPage 24 of 35 Item # 25 Attachment number 1 \nPage 25 of 35 CITY EMPLOYEES Item # 25 Attachment number 1 \nPage 26 of 35 GENERAL ADMINISTRATION Item # 25 Attachment number 1 \nPage 27 of 35 Item # 25 Attachment number 1 \nPage 28 of 35 Item # 25 Attachment number 1 \nPage 29 of 35 Item # 25 Attachment number 1 \nPage 30 of 35 LAND DEVELOPMENT Item # 25 Attachment number 1 \nPage 31 of 35 ¨ ¨ ¨ ¨ ¨ ¨ ¨ ¨ Item # 25 Attachment number 1 \nPage 32 of 35 LEGAL Item # 25 Attachment number 1 \nPage 33 of 35 LEISURE Item # 25 Attachment number 1 \nPage 34 of 35 Item # 25 Attachment number 1 \nPage 35 of 35 Item # 25 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Memorandum of Understanding with St. Petersburg College (SPC) for funding a joint-use library operation on the SPC campus and authorize the appropriate officials to execute same. SUMMARY: Previous discussions between SPC and the city on the possible creation of a joint use library facility on the SPC campus have recently been very informal. Approval of this Memorandum of Understanding by the governing bodies of both organizations would affirm the desire of both SPC and the City to move toward a joint use arrangement and establish a structure for future discussions. It would not obligate the City to any specific requirements at this time except preliminary planning at a cost of $30,000, which would come from available Penny 3 funds, but would begin a process that could lead to an agreement in the future. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $30,0000 Not to Exceed:Total Cost: $30,000$30,000 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 315-93530$30,000 Review Approval: Cover Memo Item # 26 Attachment number 1 \nPage 1 of 4 Item # 26 Attachment number 1 \nPage 2 of 4 Item # 26 Attachment number 1 \nPage 3 of 4 Item # 26 Attachment number 1 \nPage 4 of 4 Item # 26 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Interlocal Agreement between the City and Pinellas County establishing terms and conditions associated with right- of-way vacations, impacts to County property and the transfer of real estate interests needed for the planned expansion of the Capitol Theatre; adopt Resolution 12-16; and authorize the appropriate officials to execute same, contingent on the passage and adoption of Ordinance 8363-12. SUMMARY: The plan to renovate the Capitol Theatre includes expanding the Theatres footprint southward into the existing 17 foot-wide alley. Modifications to adjacent property owned by Pinellas County are needed to accommodate the expansion. The interlocal agreement establishes the terms and conditions agreed to by the City and the County to facilitate the renovation of the theatre. Substantive components of the agreement are summarized below: The City will vacate a portion of the 17 foot - wide alley immediately behind the Capitol Theatre and a portion of the 28 foot- wide alley currently located between the two County-owned parcels. The County will convey all interest, right and title over the south half of the vacated 17 ft. alley to the City via quit claim deed. The County will convey an easement to the City over the northernmost 12 ft. of its property at 14 S. Fort Harrison Avenue for use as a public right-of-way and as a utility corridor for public and private utilities. The County will allow the vacated 28 ft. alley to continue to be used as a utility corridor by the City, Knology and Progress Energy. The City will pay all costs to combine the two County parking lots and the vacated 28 ft. alley in accordance with the site plan previously approved by both parties. From time to time, the modified County parking lot may be disturbed due to future work on underground utilities in the vacated 28 ft. alley. In such cases, if parking spaces are unavailable to the County due to construction, the City will provide for the number of displaced parking spaces in the City Hall parking lot located at 112 S. Osceola Avenue at no cost to the County. This condition shall survive the term of the Interlocal Agreement but is revocable by either party without cause upon thirty days notice to the other party. The City will grant the County a license allowing County employees to use ten parking spaces in City Parking Lot 17 during business hours only. Lot 17 is located on the southeast corner of Court Street and South Fort Harrison Avenue. Review Approval: Cover Memo Item # 27 Attachment number 1 \nPage 1 of 5 Item # 27 Attachment number 1 \nPage 2 of 5 Item # 27 Attachment number 1 \nPage 3 of 5 Item # 27 Attachment number 1 \nPage 4 of 5 Item # 27 Attachment number 1 \nPage 5 of 5 Item # 27 Attachment number 3 \nPage 1 of 2 Item # 27 Attachment number 3 \nPage 2 of 2 Item # 27 Attachment number 4 \nPage 1 of 1 Item # 27 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Council Rules 1, 6 and 8 and adopt Resolution 12-17. SUMMARY: At the August 13, 2012 work session, Council directed staff to amend the following Council Rules: Page 1 : Rule 1  Scheduling Council Meetings/Work Session Agendas (2): Except as may be rescheduled from time to time when necessary due to conflicts, a work session shall be held at 9:00 a.m.1:00 p.m. on the first working day of the Council meeting week. Page 3 : Rule 6  Order of Business, (2): Agenda items, other than public hearings, will be presented by staff followed by questions by the Council, public input, discussion by the Council, a motion and second, then debate on the Motion process for agenda items with Ordinances or Resolutions motion.: agenda items will be presented by staff followed by questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items : agenda items will be presented by staff, questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, and vote. Page 4 : Rule 8  Discussion of Agenda Items, Debate of Motions, Tie Votes Council may discuss an agenda item prior toafter a motion being made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council Cover Memo majority must be obtained. The Chair cannot close debate as long as any member who has not Item # 28 exhausted his right to debate desires the floor, unless a vote on the previous question is called for. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Council member. There was consensus to add Consent Agenda to Rule 6(1), Order of Business. Review Approval: Cover Memo Item # 28 Attachment number 1 \nPage 1 of 8 Item # 28 Attachment number 1 \nPage 2 of 8 Item # 28 Attachment number 1 \nPage 3 of 8 Item # 28 Attachment number 1 \nPage 4 of 8 Item # 28 Attachment number 1 \nPage 5 of 8 Item # 28 Attachment number 1 \nPage 6 of 8 Item # 28 Attachment number 1 \nPage 7 of 8 Item # 28 Attachment number 1 \nPage 8 of 8 Item # 28 Attachment number 2 \nPage 1 of 2 Item # 28 Attachment number 2 \nPage 2 of 2 Item # 28 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 29 Meeting Date: 10/4/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amendment 4 SUMMARY: Review Approval: Cover Memo Item # 30 Attachment number 1 \nPage 1 of 2 Item # 30 Attachment number 1 \nPage 2 of 2 Item # 30 Attachment number 2 \nPage 1 of 2 Know the Facts About What the Amendment Does. to city and county taxes, Unfair. Unbalanced. Unworkable. Item # 30 Attachment number 2 \nPage 2 of 2 The Facts About AMENDMENT 4 Amendment 4 takes a complicated property tax system and makes it worse! It shifts Florida’s property tax burden onto new and g out-of-state and non-homestead property owners. Hurts new jobs and growing businesses. Amendment 4 puts new and growing businesses at a disadvantage by making the than paid by established businesses. This measure will stymie bu businesses and discourage new businesses from locating to Florid Makes our complicated property tax system even worse. Florida’s property tax system is already complex. Numerous chang Amendment 4 just adds to the confusion. Is unfair to Florida (homestead) residents. Amendment 4 favors out-of-state, second home property owners and owners of land and shifts the cost of paying for public services to long-t an unfair “us-versus-them” tax system that hurts those who live Is unbalanced because identical properties will pay different ta Amendment 4 takes an already unfair and unbalanced tax system and makes it properties to be taxed differently. It allows this inequity to b It will impact cities’ major revenue source. major source of revenue negatively impacted again. Property taxe AMENDMENT 4 Unfair. Unbalanced. Unworkable. Item # 30 Paid for by the Florida League of Cities. 301 South Bronough Street, Suite 300, Tallahassee, FL 32301 Attachment number 3 \nPage 1 of 2 Item # 30 Attachment number 3 \nPage 2 of 2 Item # 30 Attachment number 6 \nPage 1 of 1 Item # 30