07/18/2006
WORK SESSION AGENDA
Council Chambers - City Hall
7/18/2006 - 8:00 AM
1. Presentations
1.1 Service Awards
@) Attachments
1.2 Authorize staff to proceed with such steps necessary to place the Downtown Boat Slips Project on the
November referendum, authorize additional funding in the amount of $91,370 to come from the
unappropriated retained earuings of the Special Development Fund, and authorize Phase III of the work
order to Wade-Trim in an amount not to exceed $61,870.
@)Attachments
2. Office of Management and Budget
2.1 Approve the City Manager's recommended Penny for Pinellas (1 % Optional Infrastructure Sales Tax)
Amended Project List for the ten year period of 2010 through 2020.
@) Attachments
2.2 Adopt a tentative millage rate of 5.42 mills for fiscal year 2006/07 and set Public Hearings on the Budget
for September 5,2006 and September 21,2006 to be held no earlier than 6:00pm.
@)Attachments
3. Development and Neighborhood Services
3.1 Ratify and confirm the City Manager's approval to increase the award of contract to a total of $125,000
(an increase of $25,000 over the current approved purchase order total of $100,000) to Quorum Services
for building construction inspection and building plans review services received; and increase the total
award to $365,020 and extend the contract through September 30,2007; and that the appropriate officials
be authorized to execute the same. (consent)
@)Attachments
4. Economic Development and Housing
4.1 Approve an Interlocal Agreement between the Community Redevelopment Agency of the City of
Clearwater, Florida (the "Agency") and the City of Clearwater (the "City") that outlines responsibilities
for the environmental cleanup of the Clearwater Automotive Salvage Yard site and authorize the
appropriate officials to execute same. (consent)
@) Attachments
4.2 A ward a contract for environmental demolition, debris and soil removal at the Clearwater Automotive
Salvage Yard Brownfields Site No. BF97493703 to Jamson Environmental for the sum of $218,491.26,
which is the lowest responsible bid received in accordance with the plans and specifications and authorize
the appropriate officials to execute same. (consent)
@)Attachments
5. Financial Services
5.1 Adopt Resolution 06-40 expressing the City's intention to be reimbursed from the proceeds of tax-exempt
financing for certain capital expenditures and approve a contract extension with Sun Trust Leasing
Corporation to provide lease purchase financing.
@)Attachments
5.2 Adopt Resolution 06-37 providing for the sale of not to exceed $28 million Water & Sewer Revenue
Bonds, Series 2006.
@) Attachments
5.3 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through
sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florda. (consent)
@)Attachments
6. Information Technology
6.1 Approve a contract with MCIS, Inc. of Lakeland, FL in the amount of $235,000 ($223,638.05 plus 5%
contingency) in accordance with Ordinance 2.564(1)(d), City of Lakeland Bid # 1165, for the purchase
and installation of a wireless network backbone for the City's wide area network connectivity and
authorize the appropriate officials to execute same. (consent)
@)Attachments
7. Marine and Aviation
7.1 Approve an agreement between the Federal Aviation Administration (FAA) and the City of Clearwater to
waive FAA funding and redirect to another local general aviation airport and authorize the appropriate
officials to execute same. (consent)
@)Attachments
8. Parks and Recreation
8.1 Award a contract to Southwest Contracting, Inc. (Bid # 06-0020-PR) of Odessa Florida, for $210,771;
approve alternates 1 and 2 for $2,720 and a change order deduct in the amount of $3,832.20 which is a
reduction in the contingency from 10% to 8%, for a net contract amount of $209,658.80, to provide for
constrnction of the Myron A. Smith Bayview Park, and authorize the appropriate officials to execute
same.
@) Attachments
8.2 Award a contract to Southwest Contracting, Inc. (Bid # 06-0021-PR) of Odessa Florida, for $208,299.19
and approve a change order deduct in the amount of $57,937.11 which includes a reduction in the
contingency from 10% to 8%, for a net contract amount of $150,362.08, to provide for natural
landscaping and irrigation of the Myron A. Smith Bayview Park and authorize the appropriate officials to
execute same.
@) Attachments
8.3 Approve Pinellas County Recreational Grant Funding Agreement for the Long Center, Outdoor
Restrooms, in the amount of $50,000, between Pinellas County and the City of Clearwater and authorize
the appropriate officials to execute same. (consent)
@) Attachments
8.4 Approve policy relating to the amplification of sound at City co-sponsored events and private events held
at City venues for their musical and entertainment productions. (consent)
@)Attachments
9. Solid Waste/General Support Services
9.1 Ratify & Confirm the City Manager's approval on May 25,2006 the increase in the award of contract
issued to M&J Constrnction Company by $64,890.00 to cover approximately 7,210 square feet of
additional roof deck preparation and coating in the Long Center pool area. (consent)
@)Attachments
10. Public Services
10.1 Ratify and confirm change order #1 to Rowland, Incorporated of Pinellas County, FL for the Del Oro
Groves Reclaimed Water System Installation and Water Main Replacement Project (04-0022-UT)
increasing the contract amount by $166,675.36 for a new contract total of $3,833,706.04 and $27,314.98
of City labor and administrative charges for a total cost of $193,990.34 for the Windward Passage Water
Main Replacement. (consent)
@)Attachments
11. Engineering
11.1 Award a construction contract for the "Drew Street and US 19 Overpass Landscape Improvements" (05-
0004-EN) to Morelli Landscaping, Inc. of Clearwater, Florida, for the sum of $204,627.78 which is the
lowest responsible bid received in accordance with the plans and specifications and authorize the
appropriate officials to execute same. (consent)
@)Attachments
11.2 Approve agreement provisions for professional engineering services contracts with the firms of Advanced
Engineering & Design Inc.; Advanced Systems Engineering; Arcadis G & M, Inc.; Ayres Associates;
Black & Veatch Corporation; Cumbey & Fair, Inc.; DKS Associates; Grimail Crawford, Inc.; H.W.
Lochner, Inc.; HDR Engineering, Inc. Jones Edmunds & Associates Inc., Kissinger Campo & Associates
Corp., Malcolm Piruie Inc.; McKim & Creed, P.A.; Parsons; Post, Buckley, Schuh & Jerrigan, Inc.; TBE
Group; URS Corporation and W ade- Trim and authorize the appropriate officials to execute same.
(consent)
@) Attachments
11.3 Approve the Cooperative funding agreement in the amount of $1,000,000 with the Southwest Florida
Water Management District (SWFWMD) to share the cost of implementation of the Stevenson Creek
Watershed: Implementation of Best Management Practices, Turuer Street Connector(L554)and authorize
the appropriate officials to execute same. (consent)
@)Attachments
12. Planning
12.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1574 Crown Street (Lot 16, Block 17, Third Addition to Highland Pines Subdivision); and
Pass Ordinance 7637-06, 7638-06 & 7639-06 on first reading.
@) Attachments
12.2 APPROVE the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) and Preservation (P) Category to the City Residential Low (RL) and Preservation (P) Category
and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low
Medium Density Residential (LMDR) and Preservation (P) Districts for 1614 Stevensons Drive (Lot 14,
Block A, Stevenson's Heights Subdivision in Section 10, Township 29 South and Range 15 East); and
PASS Ordinance #7643-06, #7644-06 & #7645-06 on first reading.
@) Attachments
12.3 APPROVE Amendments to the Community Development Code imposing a moratorium upon certain
development approvals for the Marina Residnetial District Subarea of the Beach by Design Special Area
Plan conceruing Clearwater Beach and PASS Ordinance No. 7660-06
@)Attachments
13. Legal
13.1 Adopt Ordinance 7640-06 on second reading, annexing certain real property whose post office address is
1424 Regal Road, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
@) Attachments
13.2 Adopt Ordinance 7641-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1424 Regal Road, upon annexation into the City of Clearwater, as Residential Low.
@) Attachments
13.3 Adopt Ordinance 7642-06 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1424 Regal Road, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
@) Attachments
13.4 Adopt Ordinance 7649-06 on second reading amending Appendix A, Article XXV, Public Works - Fees,
Rates and Charges, Section (3)(e) Stormwater Management Utility Rates.
@) Attachments
13.5 Adopt Ordinance 7650-06 on second reading, vacating the five-foot utility easement lying along the south
property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision and vacate the 10-foot
peoperty lines of Lots 2, 6, & 7 and the west 15 feet of Lot 8 Sunset Point Replat.
@) Attachments
13.6 Adopt Ordinance 7652-06 on second reading, amending the operating budget for the Fiscal Year ending
September 30, 2006 to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Stormwater Fund, Solid Waste Fund, Gas Fund,
Recycling Fund, General Services Fund, Garage Fund and Central Insurance Fund.
@) Attachments
13.7 Adopt Ordinance 7653-06 on second reading, amending the Capital Improvement Budget for the Fiscal
Year ending September 30,2006 to reflect a net increase of $2,246,125.
@)Attachments
14. City Manager Verbal Reports
14.1
@)Attachments
15. Council Discussion Items
15.1 Provide direction re PPe's request for a Resolution supporting Pinellas by Design: An Economic
Development and Redevelopment Plan for the Pinellas Community.
@)Attachments
16. Other Council Action
16.1
@)Attachments
17. Adjourn
18. Presentationes) for Council Meeting
18.1 American Society for Public Administration presentation of plaques.
@) Attachments
18.2 Business Beautification Recognition Award.
I@l Attachments
18.3 Clearwater High School Principal, Nick Grasso.
@) Attachments
18.4 Home and Neighborhood of the Quarter.
I@l Attachments
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
Meeting Date: 7/18/2006
Review Approval: 1) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize staff to proceed with such steps necessary to place the Downtown Boat Slips Project on the
November referendum, authorize additional funding in the amount of $91,370 to come from the
unappropriated retained earnings of the Special Development Fund, and authorize Phase III of the work order
to Wade-Trim in an amount not to exceed $61,870.
SUMMARY:
At the March 16,2006, Council meeting, City Council authorized anticipated activities and estimated cost of
$345,426 for Phases I and II of the Downtown Boat Slips project, and approved a Work Order to Engineer of
Record W ade- Trim in the amount of $258,426 for Phases I and II. The results of this work are being
presented to City Council for discussion at this time. W ade- Trim was hired to coordinate the work req uired to
determine the feasibility of constructing and operating the downtown boat slip project. They have provided a
report on the project and will be making a presentation at the work session. Applied Technology
Management, Inc. (A TM) was hired to determine the market and financial feasibility of the downtown boat
slip project. A TM has provided market and financial feasibility report and will be making a presentation at
the work session. Should Council authorize a referendum on the project, additional funds will be needed to
move forward with Phase Ill. The budget approved for this project in March 2006 included: W ade- Trim -
Phases I and II $258,426 Financial Feasibility Study 20,000(estimated) Public Communications 67,000
(estimated) Total Current Budget $345,426 Additional Funds are needed to move the project through the
referendum process as follows: Wade-Trim - Phase III 61,870 Short-fall in market/financial study 29,500
Current request $91,370 Note that the financial feasibility study was originally estimated at $20,000, however
when a market study was added, the cost was $49,500. The additional $29,500 was paid from the City
Manager's flexibility fund and authorizing those funds now will enable the return of funds to the City
Manager's flexibility fund. A third quarter budget amendment in the amount of $91,370 from the
unappropriated retained earnings of the Special Development Fund will provide additional funds for capital
improvement project 315-93405, Downtown Boat Slips.
Type:
Current Year
Budget?:
Other
Yes
Budget Adjustment: Yes
Budget Adjustment Comments:
Unappropriated retained earnings of Special Development Fund. Additional funds needed for Wade- Trim
Phase III ($61,870)& short-fall in ATM market/financial study ($29,500); total $91,370.
Current Year
Cost:
Not to Exceed:
For Fiscal Year: 06/28/2006 to 11/30/2006
$91,370
Annual Operating
Cost:
Total Cost:
$91,370
Appropriation
Code
315-93405
Amount
Appropriation Comment
$91,370
Bid Required?:
Other Bid /
Contract:
Review
Approval:
No
Engineer of record
W ade- Trim
Bid Number:
Bid Exceptions:
None
1) Financial Services 2) Marine and Aviation 3) Financial Services 4) Office of Management and Budget 5) Clerk 6) City
Manager 7) Clerk 8) City Manager 9) Clerk
June 27, 2006
Mr. AI Carrier, PE
Public Works Administration
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33758
Re: Draft Clearwater Downtown Boat Slips Study
Dear Mr. Carrier:
Enclosed are twenty (20) final Clearwater Downtown Boat Slips Study reports. We look forward
to the opportunity to discuss the report with City Council in the weeks ahead. Thank you for the
opportunity to assist the City of Clearwater in advancing this much needed project. Should City
staff have any questions concerning the report, please do not hesitate to call.
Sincerely,
WADE TRIM, INC.
David B. Gildersleeve
Executive Vice President
DBG:fs
CLW2051.03M
P:\Clw2051\03mlAdmin-support\Corres\Report Transmittal Ltr.doc
Enclosures
Clearwater Downtown
Boat Slips Study
Prepared For:
The City of Clearwater, Florida
July 2006
Prepared By:
(I] WADEl'RIM
Delta Seven Olsen Associates Fowler, White, Boggs, Baker
Williams Earth Sciences George F. Young
Table of Contents
Clearwater Downtown Boat Slips
July 2006
Clearwater Downtown Boat Slips
1 .0 Project Descri ption .................................................................................... 1
Figure 1: Project Location ............................................................................ 1
2.0 Methodo logy.............................................................................................. 3
3.0 Submerged lands Ownership and Site Conditions ...................................... 4
Figure 2: Submerged Lands Ownership ....................................................... 4
4.0 Site Studies and Investigations .................................................................... 6
Table 1: Ichthyofaunal and Elasmofaunal Species Present: ......................... 7
Figure 3: Surface Water Quality Sample Sites .............................................. 7
Table 2: Water Quality Sampling, April 26, 2006 ....................................... 8
Figure 4: Bathymetric Survey ..................................................................... 10
Figure 5: Hydrographic and Topographic Survey 1 .....................................11
Figure 6: Hydrographic and Topographic Survey 2 .................................... 12
Figure 7: Hydrographic and Topographic Survey 3 .................................... 13
Figure 8: Hydrographic and Topographic Survey 4 .................................... 14
Figure 9: Hydrographic and Topographic Survey 5 .................................... 15
Figure 10: Potential Debris Locations........................................................... 16
Figure 11: Accessibility to the Gulf of Mexico.............................................. 17
Figure 12: Wind Speed and Direction 1 ....................................................... 19
Figure 13: Wind Speed and Direction 2 ....................................................... 20
Table 3: Storm Probabi lity ......................................................................... 22
Table 4: Estimated Storm Surge Elevations ................................................ 22
Figure 14: Wind Fetch Directions ................................................................ 23
Figure 15: Wave Train Entering Clearwater Harbor ...................................... 24
Figure 16: Historical Winds ......................................................................... 25
Figure 1 7: Uti I ities...... ........... ............. ........... ............. ........... ............. .......... 29
Figure 18: Existing Restroom Facilities ......................................................... 32
5.0. Special Design Considerations .................................................................. 33
Table 5: Proposed Slip Mix ....................................................................... 33
Figure 19: Final Boat Slip Layout ................................................................. 34
Figure 20: Photographs of Typical Wave Attenuators ............................... 35-36
6.0. Selection of Mooring System, Dock Type and Materials of Construction.. 39
Figure 21: Examples of Floating Concrete Docks .................................... 41-43
7.0 preliminary Boat Slip Design Plans ........................................................... 46
8.0 Environmental Permits and Other Agency Approvals ............................... 48
9.0 Estimated Construction Costs ................................................................... 49
Table 6: Cost Estimates ............................................................................. 50
10. Estimated Project Schedule ......................................................................51
Table 7: Estimated Project Schedule ......................................................... 51
APPENDICES
APPENDIX 1: Environmental Studies
APPENDIX 2: Wind and Wave Study, Olsen Associates
APPENDIX 3: Sample Dock Construction Plans
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Clearwater Downtown
Boat Slips
Clearwater Downtown Boat Slips
July 2006
1.0 Project Description
In March of 2003 the City of Clearwater commissioned Wade Trim to undertake a
study to determine the preliminary feasibility of locating new boat slips in an area
generally located north and south of the new Memorial Causeway Bridge between
Drew Street and the existing Pierce 100 condominium along the eastern edge of the
Intracoastal Waterway channel. See Figure 1. Completed in September of 2003, the
study noted that the approximately 138 to 140 boat slips could be constructed to
primari ly meet the needs of private recreational boaters in the downtown and
surrounding area. This number was based on an existing waiting list of boat owners
within the City and a perceived demand being created by the loss of slips to a
burgeoning waterfront condominium redevelopment market. The project would
include a range of slip sizes and types (e.g. permanent, short term, day and event
slips and ferry/water taxi) along with a pedestrian promenade and boardwalk,
expansion of the existing Drew Street dock, controlled access gates and other
amenities. The boat slips would be coordinated with a new pedestrian promenade
that will be replacing a portion of the old Memorial Causeway Bridge located in the
middle of the proposed boat slips.
Figure 1: Project Location
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 1
Clearwater Downtown Boat Slips
July 2006
This preliminary study concluded that the City owned all of the submerged lands
within the footprint of the proposed project with the exception of a submerged parcel
located near the northern boundary of the site. In order to develop the two or three
most northerly boat slips in the basin, the City would have to obtain a submerged
lands lease from the Trustees of the Internal Improvement Trust Fund of the State of
Florida.
Bathymetric and prel i m i nary exploratory ecological su rveys of the seagrass and hard
substrate within the footprint of the proposed project helped define the appropriate
boundary of the boat slip project. The study determined that no dredging would be
required and impacts to seagrass beds were anticipated to be minimal. The study
further concluded that any new boat slips could not be attached to the new Memorial
Causeway Bridge and would need to be sensitive to FOOT bridge inspection and
maintenance needs. The study further addressed the need to expand the existing
Drew Street Dock to enhance fishing opportunities and provide wave attenuation
along the northern perimeter of the site. It was also determined that based on the
number of slips proposed as a stand alone project, the boat slips would not be subject
to the DRI review process outlined in Chapter 380.06, Florida Statutes.
A floating concrete docking system was recommended over a fixed wood structure
due to lower life cycle costs, ease of operation and maintenance and aesthetic
characteristics complementing proposed downtown redevelopment activities. Utilities
would be built into the floating concrete docks and piers and wave attenuators would
be provided for protection from storm events. The details and costs associated with
the floating dock system attenuators were anticipated to be addressed during the
next preliminary design and permitting phase of the project. A market study was not
included as part of the 2003 Feasibility Study scope of work and it was determined
that the next phase of the project should include a reliable market assessment. City
Council also directed staff to undertake a cost/revenue analysis of the proposed boat
slip project to ensure the proposed marina could be supported by the revenues
generated by the project.
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 2
Clearwater Downtown Boat Slips
July 2006
2.0 Methodology
In late February 2006 the Consultant initiated several preliminary tasks associated
with the project including a meeting with FOOT to identify any issues peculiar to the
proposed boat slips; contracting with a recognized legal firm, Fowler, White, Boggs
and Banker (of Tallahassee), to readdress the submerged lands ownership and ORI
related issues; assist City staff in identifying the firm that would conduct the Market
Analysis and Financial Feasibility Analysis; and prepare a side scan sonar of the
submerged lands to identify any potential navigational hazards that may exist within
the boundary of the proposed boat slip basin. On March 16, 2006, City Council
approved the scope of work for the tasks completed in this report. The primary tasks
included in this phase to be completed before the end of July, 2006 included: additional
meetings with City staff and FOOT; confirmation of the submerged lands ownership
and an opinion whether the proposed boat slips would be required to undergo a ORI
review pursuant to Chapter 380.06 Florida Statutes; hydrographic and topographic
surveys of the site; a wind and wave study; geotechnical studies by the same company
that completed the studies for the new Memorial Causeway Bridge; bottomland studies
and surveys associated with the preparation of a FOEP permit including a meeting
with the agency; finalizing the boat slip layout based on a recommended slip mix
developed by the Consultant retained by the City under separate contract; preparing
estimated construction and operating costs based on preliminary construction plans
sufficient for permitting purposes (detailed construction plans will be prepared in the
next phase of the project); and preparing three color renderings of the boat slips from
different vantage points to assist the Council and public in perceiving the layout and
ambiance of the proposed boat slips.
In summary, the methodology employed was envisioned to be the minimum necessary
in order to provide City Council with information to decide whether to proceed with
the project and prepare for a referendum required by City Charter for this project.
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 3
Clearwater Downtown Boat Slips
July 2006
3.0 Submerged Lands Ownership and Site Conditions
3.1 Submerged lands Ownership
Another review of past and present deeds and title documents was conducted
by Fowler, White, Boggs and Banker to determine whether the existing bottom
lands upon which the proposed boat slips will be built are owned by the City.
The research indicated that the City entered into an agreement with the Florida
Department of Transportation in order to have a new bridge constructed from
the mainland to the Memorial Causeway. Discussions between outside Counsel
and the City Attorney confirm the City's position that this agreement did not
convey ownership of any submerged lands to the Florida Department of
Transportation. Based upon this review, the opinion of outside legal counsel
and the City Attorney's office is that, with the exception of the area depicted
in Figure 2 below, title to all bottomlands within the footprint of the proposed
boat slips are held by the City. A submerged lands lease will be required with
the Trustees of the Internal Improvement Trust Fund of the State of Florida for
use of this single submerged parcel. Such leases are relatively routine for
projects such as this. The updated review of submerged lands ownership is
consistent with the findings of the September 15, 2003 feasibility study
prepared by the Consu Itant.
Figure 2: Submerged Lands Ownership
Source: Clearwater Bayfront Marina Feasibility Study, September, 2003
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 4
Clearwater Downtown Boat Slips
July 2006
3.2 Development of Regional Impact (DR!) Review Compliance
Because the proposed boat slip project and the City's existing marina at
Clearwater Beach are both located on lands owned by the City of Clearwater,
legal counsel was requested to provide an opinion whether the boat slips
alone or whether the boat slips combined with the City's existing marina at
the beach would trigger development of regional impact (DRI) review process.
For the purposes of this opinion, the proposed boat slips would fall into the
DRI category of a marina. This issue was addressed from two perspectives.
First, the 2006 Legislature passed HB 683 which was delivered to the Governor
on June 6,2006. The Governor has fourteen (14) days to sign it, veto it, or let
it become law without his signature. The status of this legislation will be
confirmed in late June 2006. If the legislation becomes law, the threshold for
marinas being a DRI will be eliminated. In other words, marinas alone will
not trigger the DRI review process. Thus, if HB 683 becomes law, it will be
clear that the City's proposed boat slip plans will not constitute a DR!.
However, if the Governor vetoes HB 683, a different review should be
conducted. Again, the analysis of the DRI compliance as discussed below
would be true only if the Governor vetoes HB 683. The proposed boat slips
will provide approximately 129 slips. The existing DRI threshold for marinas
is more than 150 slips. Therefore, the number of new slips proposed at the
east end of the Memorial Causeway Bridge would not trigger DRI review.
However, there is a question as to whether the Chapter 380, Florida Statutes,
aggregation requirements are applicable in that: (1) the City owns all of the
land (most if not all being submerged) between the existing marina at the
beach and the to be constructed downtown boat sl ips; (2) the City wi II be the
owner of both facilities; (3) the expansion of the existing marina will add
approximately 64 slips (based on the earlier Beach Marina Feasibility Study
completed in November 2005); and (4) the proposed boat slips are located
within the existing community redevelopment area (CRA) designated by the
City. Based upon the legal review of outside counsel and the City, it is the
opinion that these two projects do not meet the criteria for aggregation.
Therefore, the DRI threshold will not be exceeded. Reaching this decision
was based on the following analysis. First with respect to the CRA designation,
that designation extends on Iy to the area of the proposed boat sl i p project and
does not continue along the causeway to include the area in which the existing
marina is located. Therefore, the CRA would not constitute a master plan of
development for the two locations and should not factor into the aggregation
analysis. Second, the City only satisfies one of the five criteria with respect to
aggregation. Pursuant to section 380.065(14), Florida Statutes, at least two of
the criteria must be met in order to aggregate two parcels. In general terms
the criteria are: (1) the same ownership or control; (2) a closeness in time
between completion of one and beginning of another project; (3) a master
plan of development including both projects; (4) the voluntary sharing of
infrastructure; and (5) a common advertising or promotional plan. Only if the
City meets additional criteria wi II aggregation be triggered. It is apparent that
only one of the criteria above would apply.
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 5
Clearwater Downtown Boat Slips
July 2006
4.0 Site Studies and Investigations
4.1 Environmental Studies and Mapping
Underwater field studies were conducted to determine the presence and
locations of the seagrass and notable benthic communities within the project
area.
Wildlife Survey:
An underwater ecological assessment was conducted via SCUBA and snorkel
by Delta Seven, Inc. ecologists on May 31, 2006.
There is a band of barnacles, Balanus sp. and oysters, Crassostrea virginica,
growing on the seawall face. C. virginica is also found on anthropogenic debris
found along the seawall and underneath the Drew Street fishing pier. The
oyster clusters have colonized but have aged to the point of being
indistinguishable from a naturally developed population.
Seagrass is found in a band along the northern shore (from the fishing pier to
the new bridge) and patchy along the southern shore (from the new bridge to
the seawall north of the Pierce 100 Condominium). The northern shore is
primarily composed of shoal grass, Halodule wrightii, with a smaller population
of manatee grass, Syringodium filiforme and star grass Halophila engelmannii
found underneath the fishing pier. The southern shore is patchy and is entirely
Halodule wrightii. The boundaries of the seagrass beds were surveyed on
May 31,2006 by George F. Young (GFY) under the guidance of Delta Seven,
Inc. ecologists. The results are contained in GFY's special purpose survey
(Figure 4).
Manatee records kept by the FFWCC Florida Wildlife Research Institute were
obtained and reviewed. Records can be dated back to 1974. In the last 32
years, there have been 2 confirmed water craft related manatee deaths within
1 mile of the project site. Throughout all of Pinellas County, which includes
Tampa Bay, there have been 28 water craft related deaths (Appendix 1). While
manatees frequent the area, it is not expected that the addition of 129 slips
will increase the threat. There are no known fresh or warm water sources in
the area.
The benthic community is made up of epilithic species found on the debris
material under the fishing pier on the piling cap of the new bridge and on
debris scattered between them. Two types of corals were located; blushing
star coral, Stephanocoenia michelini and the hidden cup coral, Phyllangia
americana. Tunicates, condominium tunicate, Eudistoma sp., the flat tunicate,
Botrylloides sp. and the sea squirt, Styela plicata, were found on debris and
on the piling cap. The sea whip, Leptogorgia virgulata was also commonly
found growing on the debris under the fishing pier and on the piling cap.
Ichthyofaunal and elasmofaunal data were collected during observational
sWims.
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Clearwater Downtown Boat Slips
July 2006
Table 1: Ichthyofaunal and Elasmofaunal Species Present:
Common Name Scientific name
Juvenile Grunt Haemulon sp.
Juvenile grey snapper Lutjanus grise us
Juvenile red snapper Lutjanus campechanus
Juvenile mojarra Eucinostomus sp.
Juvenile red grouper Epinephelus moria
Juv. & Adult sheepshead Archosargus
probatocephalus
Spadefish Chaetodipterus Faber
Common Snook Centropomus undecimalis
Southern stingray Oasyatis americana
Water Quality
Water quality data were collected on April 26, 2006. Surface water samples
were collected at four stations, surface and bottom for the deeper sites and
surface for the shallower sites (Figure 3) and analyzed for fecal coliforms,
metals, salinity, dissolved oxygen, turbidity, Nitrate, Nitrite, Nitrogen and
Orthophosphate. Salinity, turbidity and dissolved oxygen were analyzed by
Delta Seven, Inc. field ecologists (Table 2). Other data were analyzed by
Environmental Conservation Laboratories (Appendix 1).
Figure 3: Surface Water Quality Sample Sites
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Clearwater Downtown Boat Slips
July 2006
The site meets the state standards for levels of fecal coliform and metals with
the exception of copper. Copper values exceeded state standards at one
location. Values were analyzed using a Chelation/Extraction method which
may return higher levels than what is immediately available to organisms but
would require acidification or ingestion. Data obtained from the Environmental
Protection Commission of Hillsborough County (EPCHC) indicated that high
values are not uncommon and copper appears to be elevated throughout the
system.
Table 2: Water Quality Sampling, April 26, 2006
Sample Time T Sal DO Turbidity
ID CC) ppt (mg/L) (NTU)
1S 11 :30 28 35 1.3 2
2S 9:45 27.8 34 2.4 4
3S 10:15 27.6 34 1.0 6
3D 10:15 27.6 34 - -
4S 11 :00 27.6 33 1.3 4
4D 11 :00 27.6 33 - -
4.2 Bathymetric Survey
A bathymetric survey was conducted by George F. Young (Figure 4). The limits
of the survey were the waters north of Pierce Street and south of Drew Street,
Clearwater from toe of the seawall to the approximate centerline of the
Intercoastal Waterway. Transects were run in an east-west direction with 50
foot spacing north to south at approximately 34 cross section locations.
Horizontal control was based on sub meter Differential GPS, North American
Datum of 1983 (NAD83) and vertical control based on the National Geodetic
Vertical Datum of 1929 (NGVD29).
The deliverable was a plan view drawing showing sounding data and contours
on 1 foot intervals.
The maximum depth within the study area is approximately 16.9 feet at the
edge of the Intracoastal Waterway and the minimum depth is approximately-
0.1 feet at the seawall. The depth beneath the proposed boat slips ranges from
5 feet to approximately 16 feet.
The western most floating dock of the boat slips is sited approximately 80 feet
from the easternmost edge of the Intracoastal Waterway.
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Clearwater Downtown Boat Slips
July 2006
4.3 Special Purpose Survey for Boat Slips and Channel
Hydrographic and topographic surveys of the Clearwater bayfront were
generated by George F. Young, Inc. to show the areas north of the new bridge
structure, at the bridge and near the Pierce 100 condominium. The surveys
show the footprint of the old and new bridge structures, existing utilities,
docks, seagrass boundaries, right-of-way easements and the Intracoastal
Waterway centerline. The special purpose surveys are shown in Figures 5
through 9.
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Page 9
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Clearwater Downtown Boat Slips
July 2006
4.4 Side Scan Sonar
A side scan sonar was completed in order to identify any submerged features
that may cause navigational or construction concerns. Features from the side
scan sonar conducted by George F. Young, Inc. were selected and inspected
by Delta Seven divers on May 31, 2006. Figure 10 shows potential debris
locations. George F. Young, Inc.'s special purpose survey (Figures 5 through
9) includes the location of a feature of concern. It was probably remnant
pieces of the old bridge located at a depth of 10-11 feet and extending within
6 feet of the surface. The bridge contractor has removed the debris from the
water.
Figure 10: Potential Debris Locations
4.5 Geotechnical Studies
Williams Earth Sciences was retained to conduct geotechnical exploration
within the boundary of the boat slip project. This is the same company that
conducted tests for the recently completed Memorial Causeway Bridge. These
tests are necessary forfinal design of the pi ling and dealing with the anticipated
lateral forces upon the perimeter attenuator docks. Borings were taken at
multiple locations throughout the proposed facility to determine the
composition, characteristics and variability of the site and subsurface
conditions. Hard limestone was generally encountered between -20 and -35
feet on the earlier bridge borings. For the purposes of this study, particularly
cost estimating, it is anticipated that concrete piles will be utilized penetrating
into the limestone approximately ten (10) feet. The geotechnical tests will be
used during the final design of the boat slips.
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Clearwater Downtown Boat Slips
July 2006
4.6 Wind and Wave Study
Erik Olsen, PE, Olsen Associates, Inc. of Jacksonville, Florida was retained to
perform an analysis of wind and wave hazards which could reasonably be
expected to impact the marina infrastructure at some point in the design cycle.
Mr. Olsen is recognized as an expert in preparing wind and wave analyses
supporting projects such as this. Because of the importance for the reader
understanding how wind and waves can impact the design of the proposed
boat slips, considerable discussion is presented in this section. A copy of the
complete Olsen Associates report is provided in Appendix 2.
The study results suggest that the site conditions throughout the proposed
boat slip project are sensitive to waves generated by winds originating from
the north and southwest. A typical gale force wind (40 mph) is capable of
producing an approximate 2.7 foot high wave at the boat slip site. Hurricane
force winds (74 mph) are capable of generating over 4-foot high waves at the
boat slip site. Additionally, the Pierce 100 condominium seawall located
immediately to the south of the project site may serve as a secondary, major
source of reflected wave energy into the proposed boat slip basin.
The proposed boat slips will be most readily accessible from the Gulf of Mexico
through the federal navigation channel at Clearwater Pass. The seaward
entrance of the 0.75 mile-long inlet is located approximately 1.7 statute miles
to the west of site. A vicinity map of the proposed project site is provided
below (Figure 11).
Figure 11: Accessibility to the Gulf of Mexico
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Clearwater Downtown Boat Slips
July 2006
Tidal data were taken from local tidal stations maintained by the national
Oceanic and Atmospheric Administration's National Ocean Service (NOS).
The Clearwater Beach Gauge was established in 1973 and remains currently
active in the Gulf of Mexico. Tides at the site are considered mixed semidiurnal
meaning there are chiefly two high tides and two low tides per tidal day (24.8
hours) but the occurrence of each can vary over time. Predicted 2006 tides at
Clearwater Beach suggest there are a large number of lower-low tide events
occurring at an elevation that is substantially lower than the published mean
lower low water reference. This observation is important for design of the
marina basin depths and for floating dock ramps.
Data presented in the Olsen Associates report suggest that the majority of
wind events originate between 0 and 135 degrees azimuth (north to southeast).
The Clearwater Beach, Egmont Key, Tarpon Springs and Port Richey wind
data suggests that in 2004 and 2005 there was a rather significant percentage
of wind events which were directed from the north. This is an important finding
as a north wind corresponds to a particularly sensitive (long) fetch for the
proposed boat slips and can give rise to the prediction of considerable seas at
the site. The wind speed (mph) and direction (deg north) near the study area
are presented in Figures 12 and 13.
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Clearwater Downtown Boat Slips
July 2006
Tropical Storm Data
The study identified 24 and 56 storm events in the 155 year record which
passed within 25 and 50 nautical miles (nm) of Clearwater, Florida, respectively.
Maximum sustained wind speeds associated with each passing storm, within
25 and 50-nm, were extracted from the NOAA database. Because most tropical
storms exhibit a "radius-to-maximum winds" distance of about 20 to 30 nm, it
is reasonable to assume that meteorological conditions within a 25-nm radius
are capable of impacting the project site at the intensity reported by NOAA.
Expanding the search radius to 50-nm allows consideration of many more
storms; thus, the frequency occurrence of a given event is numerically increased.
However, storms with small radius-to-maximum-winds, occurring along the
periphery of the 50-nm search window, will not impact the project site with
the storms's maximum reported winds. On the other hand, a storm passing
between 25 and 50 nm from the site with a large radius-to-maximum-wind
would fully impact the boat slip site. In sum, the historical record of storms
passing within 25 nm of the site represents the minimum (least-conservative)
estimated occurrence of tropical winds atthe site; while the storm record within
50 nm represents a high-end (more conservative) estimated occurrence of
tropical winds at the site. A detailed list of storms passing within 25 and 50 nm
of the site are provided on pages 9 and 10 of the Olsen Associates report
(Appendix 2). A 74-mph Category 1 hurricane wind represents a 25-year event
(when viewed only in the context of storms passing within 25 nm) or could
represent a 1 O-year event (when viewed in the context of storms passing within
50 nm). Available short-term hindcast data were used to derive appropriate
return periods for the two high-frequency storms - 28 and 40 mph wind events.
Inspection of the 19-year Wind Information Studies (WIS) indicates that winds
exceeding 28 mph occurred in about 1,635 hourly measurements comprising
at least 26 separate storm events. This would suggest that a strong wind on the
Beaufort scale (28 mph) is at least an annual occurrence. Over the same period,
the data indicate that there were 5 storm events which were stronger than a
Beaufort gale force wind (40 mph), suggesting that the gale condition is about
a 4 year occurrence, on average.
The study examined waves generated by 5 design wind conditions. The
probability that a given storm will occur over a 50-year period of interest is
provide in Table 3 on page 22.
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Clearwater Downtown Boat Slips
July 2006
Table 3: Storm Probability
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For example, over a 50 year period, the likelihood that a category 1 hurricane
(74 mph winds) will impact the project site is predicted to be between 87 and
99 percent. The data suggests that a gale force wind (40 mph) has a 99.6
percent chance of occurrence (or better) over a 50-year period.
The storm conditions evaluated represent two high-frequency and three low-
frequency storm events:
A Strong breeze (28 mph, 1 a-minute averaged)
A Gale (40 mph, 1 a-minute averaged), and
Category 1 (74 mph, 1-minute averaged) hurricane
Category 2 (96 mph, 1-minute averaged) hurricane
Category 3 (111 mph, 1-minute averaged) hurricane
Storm Surge
Table 4 provides available estimates of the 10, 25, 50, 100 and 500 year
storm surge elevations. The FEMA (2005) estimates of storm surge are the
most recent predictions and represent conditions near the site, within
Clearwater Harbor. Consequently FEMA estimates of storm surge were used
as input to the wave hindcast computations. For the 100 year storm surge,
FEMA reports estimates which include additional wave setup in order to
acknowledge wave reformation across the harbor in the event that the barrier
island is overtopped as well as estimates without additional wave setup.
Table 4: Estimated Storm Surge Elevations
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Clearwater Downtown Boat Slips
July 2006
Wind Fetch
Fetch is defined as the distance over which a presumed, relatively constant
wind can blow over water from a given direction. Five potentially limiting
fetch directions were overlain on a nautical chart with the distance of each
fetch noted. The wave height generated by a constant wind blowing for a
sufficient duration is proportional to fetch distance and potentially limited by
local water depths. The bathymetry and land masses which bound Clearwater
Harbor suggest that the greatest fetch distances are oriented towards the north
and south-southwest. These fetches are 5.8 and 3.8 statute miles in length,
respectively. The five fetch directions evaluated in the study are shown in
Figure 14 below.
Figure 14: Wind Fetch Directions
The following five fetch directions were considered in the wind analysis:
Fetch A N-5.8 miles
Fetch B NNW-2.8 miles
Fetch C WNW-1.5 miles
Fetch D SW-2.4 miles
Fetch E SSW-3.8 miles
Average depths across each fetch were estimated by inspection from the
nautical chart shown in Figure 14 (above). There are multiple emergent shoals,
natural and man-made, within Clearwater Harbor indicated on the nautical
chart. The referenced fetch angles, while narrow, do not intersect these shoal
features.
Other Wave Sources
In addition to wind generated waves, the study considered the possibility that
waves passing through Clearwater Pass could impact the proposed boat slips
(See Figure 15).
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Clearwater Downtown Boat Slips
July 2006
Figure 15: Wave Train Entering Clearwater Harbor
The project site is almost one mile from a fixed bridge at the east boundary of
Clearwater Pass. Based on the theory describing the diffraction of waves
through an inlet, the boat slip site is too far from the opening to be at risk for
typical ocean swells. Further, the bathymetry becomes sufficiently complex
inside the harbor that any wave would be expected to potentially lose energy
through breaking.
The Pierce 100 condominium to the south is surrounded by a vertical concrete
seawall, which could potentially reflect waves into the marina basin. Ordinary
boat wake reflected off the seawall into the boat slip facility could prove to be
an operational nuisance for boats berthed within the southern portion of the
project. Construction of a rip-rap or rock revetment structure along the western
face of the protruding seawall is highly recommended for the purposes of
absorbing wave energy impacting the seawall and reducing any reflected
wave height. Moreover, a spur (or a seaward extension of the revetment) or
some other type of wave baffle structure at this general location should be
considered. The sizeable entry point to the interior basin from wave energy
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Clearwater Downtown Boat Slips
July 2006
originating from the southerly quadrant should be addressed in the final design
along with the probability of wave reflection from the Pierce 100 condominium
seawall. Since the City controls the submerged bottom lands seaward of the
condominium parcel, a solution at this location should be permittable. In this
regard, armoring of the seawall would be mutually beneficial to both the City
and the condominium association in that it would afford substantial protection
to the private property during extreme storm events.
Similarly, during extreme storm events it will be highly desirable to absorb
incident wave energy along the entirety of the City owned seawall which
extends across the landward side of the proposed boat slip site. Without this
there will be some level of storm where problematic seawall reflected wave
energy and associated standing waves will occur within the project site. Such
conditions can serve to accelerate the destruction of floating (and fixed)
dockage within the basin. Revetting the seawall is therefore a highly
recommended action. As with the Pierce 100 condominium seawall, a properly
designed rock revetment can serve to reduce future damage to the seawall
and adjacent infrastructure.
Probability of Wave and Wind Direction
The estimated probability of occurrence for a given wind speed is presented
without respect to direction. It is recognized that the probability of winds
occurring from a particular direction is, in reality, less than the likelihood of
occurrence from any direction. Historically, winds associated with tropical
cyclones of various magnitudes have impacted (and will continue to impact)
the study area from multiple directions. See Figure 16 below.
Figure 16: Historical Winds
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Clearwater Downtown Boat Slips
July 2006
The boat slip basin is most vulnerable to waves originating from north and
south-west winds, or Fetches A and E above. Scenarios involving tropical
storm passage wh ich cou Id theoretically produce these wi nd patterns include,
but are not limited to: (1) a cyclonic storm traveling shore-parallel (south
winds) and (2) a cyclonic storm moving over land, east of the site (north
winds).
Results
The data suggest that the proposed site is effectively fetch-limited, meaning
wave growth is limited by the fetch distance not the duration of the wind. As
previously noted, the largest waves capable of impacting the site can originate
from a north or south-southwest wind, however significant seas may also be
generated during a southwest wind of similar intensity. Wave heights indicated
by the analysis are not large enough to theoretically break given the average
depths along each fetch; however, sudden changes in bathymetry could affect
local wave growth patterns.
The Olsen Associates study presents hindcast wave estimates for each fetch
direction with and without the addition of storm surge and includes the
minimum wind duration required to raise the predicted hindcast wave (see
Appendix 2, pages 26-28). Due to the deeper still wave levels south of the
boat slip site, the largest predicted waves under a no surge condition are from
the south-southwest fetch. It is highly unlikely; however, that a storm of
hurricane strength would impact the area and not produce at lease some
level of storm surge. Predicted wave conditions generated by south-southwest
winds of varying intensity are as follows:
Strong Breeze (28 mph): Sig. wave height = 1.6 ft., Period = 2.5 seconds
(The north fetch is capable of producing similar results for this wind
condition.)
Gale (40 mph): Sig. wave height = 2.3 feet; Period 2.9 seconds
Cat 1 hurricane (74 mph): Sig. wave height = 3.3 feet, Period = 3.4 seconds
Cat 2 hurricane (96 mph): Sig. wave height = 4.1 feet, Period = 3.7 seconds
Cat 3 hurricane (111 mph): Sig. wave height = 4.5 feet, Period = 4.0
seconds
The following are recurrence intervals which correspond to the referenced
tables in the Olsen Associates report and are based on wind speeds associated
with storms passing within 25 nm of the site between 1851 and 2005, as
reported by NOAA Coastal Services Center:
1-year; Strong breeze (28 mph)
4-years: Gale (40 mph)
25-years: Category 1 hurricane (74 mph)
50-years Category 2 (96 mph)
1 OO-years: Category 3 (111 mph)
Page 26
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Clearwater Downtown Boat Slips
July 2006
Wind and Wave Summary
Tables 6 and 7 of the Olsen Associates wind and wave study (see Appendix 2)
present predicted wave heights and periods associated with given wind events
ranging in intensity from a breeze (28 mph) to Category 3 hurricane (111
mph). The estimate of frequency of occurrence for each wind event is based
upon the 154-year historical record of storms passing within 25-nm and 50-
nm of the project site. The historical record of wind speeds passing within 25-
nm of the site represents the maximum estimated return period of tropical
winds; while the storm record within 50-nm represents a more conservative
estimated occurrence of tropical winds at the site.
The highest waves are predicted to originate from winds blowing along fetch
lengths oriented toward the north and south-southwest. In general, storm winds
occurring along these fetch lengths require a minimum duration of less than
30 minutes to raise the predicted waves. Maximum wave heights vary from
1.6 to about 6.9 feet, depending on the intensity of the given wind event.
Corresponding wave periods vary between 2.6 and 4.7 seconds.
In addition to the possibility of waves directly affecting the project site, the
vertical concrete seawall at the Pierce 100 condominium could potentially
reflect wave energy into the boat slip basin. The potential for wave reflection
into the boat basin exists for not only storm waves but ordinary boat wake as
well. Armoring of the seawall with a rip-rap or rock revetment structure would
reduce the likelihood of wave reflection and be mutually beneficial to both
the City and condominium association.
Similarly, the vertical concrete wall which spans the landward site of the boat
slip basin could potentially reflect wave energy transmitted into the basin
during major storm events. This reflection could hasten the destruction of
floating and fixed dockage within the boat basin. Construction of a revetment
structure along the seawall is highly recommended. Such a structure would
not only absorb wave energy, but also serve to protect the seawall and upland
infrastructure during storm events.
4.7 Utilities
Utilities planned to be available at each boat slip include potable water,
electricity, cable TV, Internet and telephone. A single sanitary sewer pump
out facility is proposed to service the vessels moored at the facility. Fire
protection will be provided throughout the facility. A review of the existing
utilities in the immediate area of the proposed boat slips indicates that there
is adequate capacity available to meet the demand of the project.
4.7.1 Existing Upland and Submerged Utilities
Figure 17 graphically depicts the location of utilities (both upland and
subaqueous lines) in proximity to the project site. Caution has been taken to
identify the location of all subaqueous utilities including potable water,
reclaimed water, sanitary sewer, gas, telephone, cable TV and electricity in
the northern portion of the boat slip basin. The location of these utilities is
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Clearwater Downtown Boat Slips
July 2006
especially important when conducting geotechnical tests and driving piles
during construction.
Wastewater
City of Clearwater is the wastewater service provider for the boat slip site.
Utility maps obtained from the City indicate existing gravity sewer mains
approximately 330 feet from the South dock gangway entrance. Two large
diameter force mains run parallel to the seawall approximately 150 feet away,
however it is not advisable to tap into these force mains.
It is proposed that the sewage from the North dock be disposed of at a
centralized sewer pump out facility located in the northerly portion of the
project as opposed to pump outs at each slip. This will result in a cost savings
to the project and adequately serve sewer disposal needs. The City also has a
pump out boat that could be utilized, if needed.
Potable Water
City of Clearwater is the potable water service provider for the boat slip site.
Utility maps obtained from the City indicate existing service very near to the
proposed boat slip site. A 12" water main runs along the seawall and is available
at the gangway entrances for both the North and South docks. The water
main is approximately 50 feet from the seawall at the North dock and 70 feet
from the seawall at the South dock.
It is proposed that a 4" tap be made in the 12" water main at both the North
and South dock gangway entrances to provide potable water service to the
marina. A gate valve and backflow preventer will be installed for isolation
and cross-connection control. A pressure reducing valve is also recommended
to reduce the incoming City water pressure to between 30 to 40 psi (pounds
per square inch). Most boat plumbing systems are designed to operate at a
lower pressure range than the higher pressure that the City water main will
provide.
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Clearwater Downtown Boat Slips
July 2006
Fire Protection
The City of Clearwater is also the fire protection provider for the boat slip
site. The fire protection service line to the marina wi II tap off the existing 12"
City water main at the same location that the potable water is tapped. A
separate 6" tap will be provided for the fire protection system, including a
gate valve and backflow preventer for isolation and cross-connection control
of the potable water system. The Fire Standpipe System will meet NFPA 303
Chapter 6 requirements. The use of foam to supress Class A (common
combustible materials) and Class B (flammable liquids and gases, fuels, paint,
propane, etc.) will be available for the project. Portable fire extinguishers
will also be located throughout the project. An additional hydrant will be
located at the facility.
Electricity
Progress Energy is the electricity provider for the Clearwater area. Progress
Energy has a usable system circuit of sufficient capacity within 100 ft of the
proposed project. The uti I ity transformer is located with i n 100 ft of the mai n
electric distribution panel board. The proposed utility electric is secondary
metered. The system will be sized for 2000 amperes. Proposed equipment
to be used is NEMA 4X (weatherproof, corrosion-resistant) rated stainless
steel. The project cost estimate includes the upland electric improvements
needed to accommodate the project.
Cable Television / Internet
Bright House Networks is the cable television provider for the Clearwater
area. Cable television continues to be a desired amenity for boaters. The
installation of cable television at docks may require local panels for signal
boosting and interference rejection. Installation should be performed by the
cable company serving the area.
Telephone
Verizon is the telephone provider for the Clearwater area and will be consulted
prior to construction if telephone service is desired. Telephone service is a
desired amenity for boaters, however, cellular phones have diminished the
need for wired service in recent years. Notwithstanding, the project assumes
wired telephone service (also for fax) is desired. Outlets will require space in
the utility power pedestals serving one to two boats, telephone company
distribution panels on the docks and a main distribution panel on shore.
4.7.2 Boat Slip Utility Demand and Availability
Potable Water Demand
Potable water usage was calculated using guidelines provided in Marinas
and Small Craft Harbors (Tobiasson, 2000). This reference suggests a peak
day demand of 25 gallons per slip per day for recreational boats and 65
gallons per sl ip per day for commercial charter boat operations.
129 recreational slips x 25 gallons per slip per day = 3,225 gallons per day
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Clearwater Downtown Boat Slips
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Wastewater Demand
Sewage generation was also calculated using guidelines provided in Marinas
and Small Craft Harbors (Tobiasson, 2000). This reference suggests a peak
day demand of 32 gallons per slip per day for marinas over a 100 slip capacity
providing toilets, lavatories and showers.
129 recreational slips x 32 gallons per slip per day = 4,128 gallons per day
4.8 Other Upland Support Facilities
4.8.1 Parking, Landscaping, Irrigation
The provision of parking at boat slip facilities should take into consideration
boat sizes, boat mixes and their seasonal and transient use.
The establishment of parking requirements for this type of recreational facility
should also take into consideration the role that weather conditions play,
especially during weekends. Another parameter to take into account is the
percentage of occupancy of the facility. No full time occupancy (i.e., live
aboard) are envisioned for the boat slip project.
Clearwater's current parking ration is one space per boat slip. Numerous studies
have concluded that auto parking standards on this type of facility exceeding
0.5 cars per boat (1 parking space/ 2 slips) may be excessive in most sites
considering all the associated uses. Waterfront cities in Florida show a
consistent pattern with this rule as their development codes require:
City of Tampa
City of Fort Lauderdale
City of St. Petersburg
City of Miami Beach
1 space/2 slips;
1 space/2 slips;
1 space/5 sl ips
1 space/2 slips
Taking this rule into consideration, the Clearwater Downtown Boat Slips facility
will need at least 65 parking spaces.
Handicap accessible parking space shou Id also be provided. Design
Guidelines for a facility that holds between 51 and 75 parking spaces should
have at least 3 handicap accessible parking spaces.
Generally, parking design criteria for th is type of facil ity indicates the need to:
locate parking near boat slips; provide efficient drainage (not less than 2%
slopes); incorporate adequate landscape and lighting.
Adequate parking currently exists at the existing parking lots immediately
adjacentto the proposed project. Upgraded landscaping, irrigation and lighting
are planned for these parking lots as part of the project costs.
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Clearwater Downtown Boat Slips
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4.8.2 Restrooms and Showers
The proposed facility will create demand for restrooms, showers and a dock
master/security office. As noted in Figure 18, there are several existing restroom
facilities in close proximity to the proposed boat slips.
Figure 18: Existing Restroom Facilities
Other common upland support uses such as laundry, harbormaster office,
ships store, fueling, etc. are not anticipated at the downtown boat slip site.
These facilities already exist at the Municipal marina at Clearwater Beach.
The estimated cost to construct new upland restroom and shower facilities to
serve the project is approximately $215,000.
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Clearwater Downtown Boat Slips
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5.0. Special Design Considerations
The final slip layout is dependent upon a number of considerations. Some of those
considerations have already been discussed in this report (e.g. anticipated wind and
wave conditions, bathymetry, environmental constraints, etc.). In addition to these
considerations there are several factors affecting the final slip layout. This section
addresses some of these special considerations. The final recommended slip layout
upon which this report is based is provided in Figure 19 on the following page.
5.1. Proposed Mix of Slips Recommended by ATM
The City retained Applied Technology and Management, Inc. (ATM) to prepare
a Market Assessment of the proposed boat slip project. Based on this study a
specific mix of slips was recommended (Table 5). ATM's recommended slip
mix is reflected in the final layout of the boat slips.
Table 5: Proposed Slip Mix
Percentage
Slip Size (ft) Quantity of Total
30 14 110/0
40 32 250/0
45 21 160/0
50 48 370/0
55 14 110/0
Total 129 1000/0
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r
I
I
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Clearwater Downtown Boat Slips
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5.2 Navigational Safety and Access
Three points of access into the boat slip basin are being provided. One from
the southwest, one from the north east and one from the west near the proposed
promenade. In order to maximize the protection of the proposed boat slips
from storm events and the wake of other vessels utilizing the Intracoastal
Waterway immediately adjacent to the project, a wave attenuator system will
be built into the outside docks generally paralleling the existing channel along
the west side of the project. Examples of wave attenuators are depicted in
Figure 20. These outside floating docks may be wider than the other internal
docks and designed to suppress waves caused by storm events or boat wake.
They will offer protection around the perimeter while remaining relatively
inconspicuous. These wave attenuators are designed specifically for each
setting based on local conditions. The attenuators to reduce the size and
height of a wave and robs the wave of a portion of its power protecting the
floating system and vessels inside the facility. Additionally, setback off the
Intracoastal Channel will be required.
Figure 20: Photographs of Typical Wave Attenuators
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Clearwater Downtown Boat Slips
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Figure 20: Photographs of Typical Wave Attenuators (Continued)
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Clearwater Downtown Boat Slips
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The Intracoastal Waterway lies within a 500 foot wide easement granted by
the State of Florida. The dredged and maintained channel can vary from as
little as 50 feet to as much as 200 feet wide in various places along the
waterway. This physical feature is marked at its margins by pilings to which
navigation aids are attached.
Uncertainties are created as a result of the actual dredged channel not
necessarily lying in the center of the easement. As long as the channel lies
within the easement, it can be located nearer to one side or another depending
on the dredging history and navigational convention.
At the project site, the 2003 Feasibility Study was conducted using the existing
waterway as defined by the fenders under the bridge and the navigational
aids. The new bridge, however, is not centered in the same location as was
the old bridge. The navigational aids defin ing the center of the channel appear
to be a set of lights hung below the crest of the arch of the new bridge.
The combined effect of the above circumstances has led to the current planned
boat slips being closer to the channel than was intended and closer than
guidelines suggest.
The plan submitted with the permit indicates that a variance to the guidelines
is being requested. As an alternative, the navigational aids can be relocated
to the west providing greater clearance. The resolution of the above issue will
be addressed through the permitting process.
5.3 FDOT Bridge Inspection and Maintenance Requirements
The Consultant and City Staff met on three occasions with FOOT District
Seven to discuss any unique bridge inspection and routine maintenance
requirements that might affectthe layout of the boat slips. Following the most
recent meeting on May 25,2006, FOOT requested the City delete the nine (9)
45 foot slips located under the bridge. Consequently, the number of slips has
been reduced from 138 to 129.
5.4. Coordination with the Proposed Pedestrian Promenade
When the old Memorial Causeway Bridge was demolished, select piles were
left in place for a pedestrian promenade which is envisioned to be
approximately 32 feet wide by 200 feet long. The promenade is being provided
to enhanced public access to the waterfront. The fixed location of the
promenade dictates to a large degree the proposed slip layout north of the
Memorial Causeway Bridge. The preliminary construction plans being
developed for the promenade will provide for direct access from the existing
seawall to the east as well as a ramp on the north side whereby pedestrians
can wal k from the promenade along the proposed floating dock system
paralleling the existing seawall to the Drew Street Pier. The promenade will
also provide embarking and debarking for pedestrians who may take a ferry
to Clearwater Beach. Access to the promenade will be provided for boaters
utilizing the event and day docking facilities designated for the northerly portion
of the project.
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Clearwater Downtown Boat Slips
July 2006
Utilities (i.e., water, electric) serving the slips located on the north side of the
Memorial Causeway Bridge will be coordinated with the proposed promenade
utilities. Limited lighting and electrical facilities are proposed on the
promenade. Lighting facilities are being coordinated between the two projects.
5.5. Special Event and Large Yacht Docking
One of the primary goals of the proposed boat slip project is to enable boaters
to tie up to the nearly 650 feet of special event/day docking facilities proposed
along the dock paralleling the seawall and 1,000 feet of large yacht docking
envisioned along the westerly attenuator docks paralleling the Intracoastal
Waterway channel. Special event and day docking will afford boating access
to events at Coachman Park, Harbor View Center, or other downtown activities.
Both of these docking uses influenced the ultimate slip layout. The permitting
process will serve to define the extent to which docking of larger vessels can
occur along the attenuator docks paralleling the Intracoastal Waterway
Channel.
5.6 Security, Surveillance and Lighting
The proposed boat slip facility contains a sizeable public investment in property
owned by the City and the tenant boaters. The location of the promenade in
the middle of the boat slip project will bring pedestrians in close proximity to
boaters. Boats and equipment are susceptible to theft. Consequently, the
protection of people and property is a major concern. Finding the balance
between an adequate level of security and the legitimate use of public space
is always a challenge. Limiting access can be problematic because of the
recreational nature of the facility. The promenade and Drew Street fishing
pierwill both impactthe security of the boat slip project. Consequently, security
provisions will be made as visible and as instructive as possible without being
too intimidating.
Gated access will be provided to the rented slips either with a swipe card or
keyed. The boat slip area will be open during the day and closed at night
when making security rounds. Surveillance cameras similar to those used at
the other marine facilities will be provided as select locations. The current
system being utilized by the Marine Division record to a DVD and write over
themselves after 30 days. The specific system will be identified during final
design of the project.
Adequate lighting is another important component of the security system as it
deters potential illicit activity. Care will be taken to create a lighting pattern
that does not interfere with boat navigation or distract from activity aboard
vessels that may be moored atthe facility. Lighting for the decking will be low
level. The final lighting system will be identified during the final design.
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6.0. Selection of Mooring System, Dock Type and Materials of
Construction
6.1 Mooring Systems
Mooring systems are an integral part of the proposed boat sl ips. The structural
integrity of dock system plays a critical role in mooring design. Current trends
in marina design are to provide quality dock systems that allow the use of a
strength mooring system with minimum support. This action reduces mooring
installation cost and provides more attractive slips accommodation.
6.2 Dock Systems
There are two categories of docks: fixed and floating. Selection of a dock
system depends upon variables such as subsoil foundation conditions, water
depth, water level fluctuation, use, appearance and cost. An underlying
assumption throughout the project has been to provide a concrete floating
dock system.
6.2.1 Floating Dock System
The floating dock system provides a high strength, low maintenance and cost
effective alternative for the proposed boat slips. This system offers a uniform,
stable platform for boaters to access their vessels. Another advantage of floating
dock systems is that the inherent strength of the docks allows for flexibility in
design of the mooring system, either as a piled supported or chain/cable
supported. Piles are proposed for this project.
When properly designed, floating docks also provide additional flexibility to
accommodate wide variations in water levels associated with storm events.
Experts recommend floating docks structures when tidal ranges are greater
than 7 feet.
Floating docks may be temporary or permanent structures. Their permanency
orflexibi I ity is related to the extent of their mooring system and their outfitting
utilities.
Floating docks should be specifically designed to accommodate site-specific
environmental conditions. This may include the inclusion of wave attenuation
characteristics such as wider or deeper docks, wave fences, or specifically
designed wave attenuators. Today's leading dock manufacturers have the
capability to seamlessly integrate wave attenuating docks that also serve as
berthing space.
6.2.2 Fixed Dock System
Fixed docks are usually permanent structures constructed on site. Their
foundations rest on or are embedded in the bottom. A primary consideration
is the type of subsoil on which the structure will be founded.
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As a rigid structure, a fixed dock may provide significant resistance to impose
natural forces (wind, waves, etc.) as well as any vessel berthing loads.
Another important consideration is that when a filled fixed structure is
proposed, permits are often difficult to obtain as their configuration occupies
water sheet area which may contain valuable bottom dwelling benthic species.
According to the feasibility study provided by ATM, a large number of marinas
in the Clearwater/Tampa/St. Petersburg area use fixed docks, however today's
boaters often prefer the convenience of floating docks. A wood fixed dock
system will require more piles to support the horizontal forces anticipated on
the perimeter attentuation docks proposed for the boat slip project.
6.3 Materials of Construction
The selection of materials for the development of the boat slips will rely on
several variables, including: site specifications, intended project use, resistance
to degradation, availability, maintainability, life of the structure, appearance
and cost considerations. Major and minor boat slips facilities have been
constructed in wood, concrete, steel, stainless steel, aluminum, fiberglass and
other synthetic materials. Each one of them present advantages and
disadvantages.
6.3.1 Concrete
Concrete is a durable composite material made from combining cement, water
and aggregate. Some of the advantages of this material are: stability and
resistance to load application; easily forms various shapes and sizes; long life
of the structure, if properly designed; pleasing aesthetics; and reflects image
of durability, stability and strength. This last characteristic is very important in
considering the marketing of the proposed boat slips. Its mass can effectively
quell a wave's energy. A concrete structure, when well designed and fabricated,
will be almost maintenance free for its useful life.
Marine use of concrete must consider special factors such as surface erosion
from water abrasion, and the effect of sea water on reinforcement and erosion
beneath concrete structures. Concrete systems are generally a little more
expensive, but provide a stable feel and pleasing appearance. Concrete is
used in waterfront construction for piers, bulkheads, floating dock systems,
launching ramps, promenades, mooring piles and mooring anchor blocks, as
well as, sidewalks, parking lots and building structures. Concrete floating
docks are recommended over the other materials discussed in this section
due to their strength, maintenance, lower life cycle costs, ambiance and ability
to meet the project's Category II Hurricane design criteria.
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Clearwater Downtown Boat Slips
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Figure 21: Examples of Floating Concrete Docks
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Clearwater Downtown Boat Slips
July 2006
Figure 21: Examples of Floating Concrete Docks (Continued)
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Clearwater Downtown Boat Slips
July 2006
Figure 21: Examples of Floating Concrete Docks (Continued)
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Clearwater Downtown Boat Slips
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6.3.2 Wood
Wood is the primary dock construction material due to its availability,
manageability and no requirement of specialized labor. In addition, in select
situations, wood systems are sometimes less expensive; durable if properly
designed and treated; have a reasonable life expectancy; and can be decked
with a variety of materials. Disadvantages include: restriction of wood sizes
and requirement of connections; potential failures on structural performance
due to the nature of the material; and deterioration and mechanical abrasion
resulting in more frequent maintenance. When compared with concrete piling,
generally more wood piles will be needed to offset horizontal water pressure
particu larly upon the attenuator docking system proposed as part of
Clearwater's boat slip project. New salt water marinas being developed
throughout the state are generally not utilizing wood. However, wood is
commonly used for replacement of existing wood systems.
6.3.3 Aluminum
Aluminum is a metal renowned for its strength to weight ratio, durability,
ability to be extruded, versatility, appearance and ease of fabrication and
erection. Its strength is achieved by variations in the composition of the alloying
elements; therefore aluminum has a wide range of strength properties. This
material naturally resists corrosion because it forms a thin surface of oxide
film.
Among the disadvantages of this material is structural fatigue and stress
cracking. There are greater limitations on aluminum floating systems to
withstand major storm events than concrete floating structures Marinas built
predominantly of aluminum tend to create more noise than concrete or wood
structures. Aluminum systems may be decked with a variety of materials,
including timber. Aluminum is not recommended for the Clearwater
Downtown Floating Boat Slips project due to its inability to meet design criteria
for a category II Hurricane.
6.3.4 Stainless Steel
Stainless steel is steel alloyed with nickel and chromium. Stainless steel carries
most of the characteristics of regular steel as a material. The main difference
is its hardness and resistance to corrosion. Stainless steel is not recommended
for the Clearwater Downtown Boat Slips project.
6.3.5 Steel
Steel is readily available and easy worked and handled. It is available as
plate, sheets and rolled shapes. For structural considerations, steel offers the
greatest flexibility of design and structural competence. In addition this material
is a very good electrical and thermal conductor. One disadvantage is its
propensity to corrosion, especially when it is use on marine structures.
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Clearwater Downtown Boat Slips
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Therefore, corrosion protection is needed as part of regular maintenance
schedule. Steel is not recommended for the Clearwater Downtown Boat Slip
project. However, steel could be an internal component for the concrete
floating dock system.
6.3.6 Fiberglass
Fiberglass is the textured material which is bounded together by a thermosetting
liquid resin. This material can have a good weight and strength ratio; it is
easily molded to fit complex curves and other special shapes and has the
ability to create seamless structures. In addition, fiberglass is not affected by
electrolysis nor by most chemicals or seawater.
One of the major disadvantages of this material is its propensity to stress
cracking and fiberglass delimitation. Fiberglass is not recommended for the
Clearwater Downtown Boat Slips project.
6.3.7 Synthetic Materials
Synthetic materials are referred to as plastics. One of the main advantages of
synthetic materials such as fiberglass is the unlimited variety of shapes and
compositions.
Some of the most important construction uses of synthetic materials are dock
fendering systems, cleats, flotation pontoons, tie down straps, pile caps, power
posts, insulation, cable covering, nonskid mats and deck covering and a
important use in geo-textile fabric to prevent soil erosion.
6.4 Recommendation
Looki ng at the several alternatives of moori ng and docki ng systems, as well
as materials, the Consultants have concluded that the floating concrete dock
system is best suited for Clearwater's Downtown Boat Slip project. This system
provides the desired ambience; supported by concrete piles to accommodate
anticipated horizontal water pressures on the extensive attenuator system,
and ease of maintenance and flexibility.
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Clearwater Downtown Boat Slips
July 2006
7.0 Preliminary Boat Slip Design Plans
7.1 preliminary Designs for Permitting
This current phase of the project calls for the development of preliminary
plans sufficient for environmental permitting. A conscious decision was made
not to produce final construction plans at this juncture given City Council's
request for a market assessment and cost/revenue analysis before making a
decision to proceed with the project and city-wide referendum. In order to
develop construction cost estimates for the City's Finance Director to generate
the cost/revenue analysis, the Consultant worked closely with representatives
of two experienced concrete floati ng dock systems and a local dock contractor.
While the floating dock systems offered by the two companies vary to some
degree, they are both floating dock systems with utilities incorporated into the
floating structures.
7.2 preliminary Design Assumptions
The assumptions upon which the preliminary design and cost estimating of
the proposed concrete floating dock system are based include:
Concrete floating dock system with mix of slip sizes for vessels from 30 to
55 feet in length.
Wind Speed of 96 mph (Category II Hurricane)
Wave height of 4.7 feet maximum
Wave period 3.5 seconds
Marina occupied*
Concrete piles assuming drilling/punching of approximately 10 feet into
rock
Provision of utilities (i.e., water, fire protection, electricity, cable TV,
telephone) to all129 slips
Provision for day/event docking
Provision for ferry/shuttle pick up and drop off area.
*For general comparative purposes, it is assumed that a Category II "occupied"
marina and a Category III "unoccupied" marina will be impacted similarly by
the noted storm event.
7.3 Sample Construction Plans
The construction plans and details included in this section are for illustrative
and education purposes only. They are not the final construction plans for
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Clearwater Downtown Boat Slips
July 2006
Clearwater's Downtown Boat Slips project. They are included in order to
provide the reader with better understanding of what floating concrete dock
systems typically include (i.e. wave attenuators, utilities, finger piers, etc.).
They are provided for illustrative purposes only. Should the City decide to
proceed with the project, the next phase would include the preparation of a
design criteria package for selection of a design-build company to construct
the facility. Final construction plans and cost estimate would be provided at
that time.
See Appendix 3 for sample construction plans.
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Clearwater Downtown Boat Slips
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8.0 Environmental Permits and Other Agency Approvals
8.1 Required Permits and approvals
Permits for the Clearwater Downtown Boat Slips will be required from the
City of Clearwater, Pinellas County, Florida Department of Environmental
Protection (FDEP) and the US Army Corps of Engineers (ACOE). Proprietary
authority wi II be necessary from the Board of Trustees of the internal
improvement trust fund. A comprehensive listing of required permits and
approvals was provided in the 2003 Feasibility Study.
8.2 FDEP Permit
A preapplication meeting was held on April 19, 2006 with the Florida
Department of Environmental Protection. The meeting addressed location of
water quality samples, sovereign submerged land requirements and the
necessity of a hydrographic survey. The ERP application was submitted on
May 25,2006 to the FDEP and ACOE.
As more information becomes available it will become part of the file. It is
anticipated the City will receive a written response from the FDEP on or around
July 15, 2006. Answers to their questions and design refinements will be
finalized throughout the summer and the anticipated re submittal date will be
December 1, 2006.
8.3 Anticipated Permitting Schedule
If the City Council decides to proceed with the project in December 2006, it
is anticipated that the permitting process will extend into late October of
2007.
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Clearwater Downtown Boat Slips
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9.0 Estimated Construction Costs.
The preparation of an estimated construction cost for the proposed boat slips was
undertaken by the Consultant with input from two reputable companies that design,
construct and install floating concrete dock systems in Florida and nationally. One of
the companies also designs and constructs an aluminum floating system. The cost
estimates are based on preliminary plans developed for permitting purposes and the
preliminary design assumptions and special considerations presented in previous
sections of th is report. The construction cost esti mate includes a central san itary sewer
pump out facility as opposed to sewer at each slip as originally envisioned in the
2003 feasibility study and this report. The pump out facility represents cost savings
that will not materially affect the operation of the boat slip project.
Final construction plans and a more refined cost estimate will be developed during
the next phase should City Council decide to proceed with the project at its July 20,
2006 regularly scheduled Council Meeting. Estimated costs were developed separately
for construction activities proposed over water and upland improvements needed to
support the proposed boat slips. While both companies provided construction cost
estimates within approximately $210,000 of each other, a review of the cost estimates
for the floating docks and piling varied as noted on Table 6 on the following page.
This is not unusual in the bidding process. The recommended cost reflects the average
of the two firm's estimated costs for the four categories noted on the table (i.e. dock
system installation, piling and pile driving, plumbing system and electrical system).
The remaining estimated costs were developed by the Consultant working with City
staff.
Costs are presented in 2006 dollars with annual increases of 7% based on input
received from the two marina construction companies and City staff. This percentage
has been utilized in projecting cost to future years.
Earl ier construction cost estimates (i .e., 2003 feasibil ity study) were developed without
the benefit of a wind and wave study. During this current phase of the project, a wind
and wave study was completed by Olsen Associates and extensive floating wave
attenuation docks were identified along the western, northern and southern perimeters
of the basin. An additional recommendation was made to provide rip rap along the
existing seawalls to minimize wave reflection within the boat slip basin. While some
existing rip rap exists along the northern face of the Pierce 100 condominium seawall,
the estimated cost includes additional rip rap in this area as a conservative measure
to protect the basin and Pierce 100 condominium investments.
Upland improvements needed to support the proposed boat slips were also included
in the cost estimate (i.e. connection to existing utilities, restrooms/showers and dock
master/security office). Renovation of the two existing parking lots adjacent to the
proposed boat slips that will serve the project are also included in the construction
estimate. This renovation will bring the two parking lots up to code.
The cost estimates presented in this report are generally consistent with the ATM
Study Market and Cost/ Feasibility Study. The single most dominate cost factor affecting
this project is the wave attentuation system proposed along three sides of the boat slip
basin.
The ATM marina market study and cost/revenue analysis prepared by Applied
Technology & Management (ATM) and City staff are available under separate cover.
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Clearwater Downtown Boat Slips
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Table 6: Estimated Construction Cost
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Clearwater Downtown Boat Slips
July 2006
10.0 Estimated Project Schedule
If City Council decides to proceed with the downtown boat slips project at its July 20,
2006 Council Meeting, the next steps would be as follows:
Prepare a Design Criteria Package and Request for Proposals to be utilized in
selecting the design-bui Id entity for the final design and construction of the project.
A design-build project delivery process is recommended given the atypical and
unique nature of this project and the fact that there are companies that specialize
in the design and construction of marina facilities. First, the City must adopt an
ordi nance allowi ng use of th is alternative project del ivery process. Upland design
and permitting of support utilities (i.e. water, sewer, electricity, cable TV and
telephone) would be included in the design-build process.
Continue working through the environmental permitting process based on the
preliminary plans prepared to date by responding to any requests for additional
information on the existing FDEP application and commencing preparation of
other required permit applications. The design-build process will result in final
construction plans that will likely require amendments to the permitting plans
developed to date. Other supporting studies such as a tidal dispersion study,
manatee protection plan, evacuation plan, etc., will likely be required in the
permitting process along well as City approvals. A variance to the setback of the
Intracoastal Waterway will be included in the permitting process.
Develop final design plans, permits and construction costs (by selected design-
build entity).
Table 7: Estimated Project Schedule
The following is an estimated schedule to complete the permitting and approval
process and design and construction of the project.
TASK
City Council Authorization
to Proceed with Project
ESTIMATED
COMPLETION DATE
July 2006
Citywide Referendum
November 2006
Design Permit Coordination
December 2006 - 2009
Construction
December 2009
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APPENDICES
APPENDIX 1:
APPENDIX 2:
APPENDIX 3:
Environmental Studies
Clearwater Downtown Boat Slips
July 2006
Wind and Wave Study, Olsen Associates
Sample Dock Construction Plans
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
APPENDIX 1
Environmental Studies
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
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Environmental Conservation Laboratories, Inc.
10775 Central Port Drive
Orlando FL, 32824
Phone: 407.826.5314 FAX: 407.850.6945
www.encolabs.com
Friday, May 5, 2006
Delta Seven, Inc. (DE008)
Attn: Ryan Oliver
P.O. Box 3241
S1. Petersburg, FL 33731
RE: Project Number: [none], Project Name/Desc: Downtown Boat Slips
ENCO Workorder: A601928
Dear Ryan Oliver,
Enclosed is a copy of your laboratory report for test samples received by our laboratory on
Thursday, April 27, 2006.
Unless otherwise noted in an attached project narrative, all samples were received in acceptable
condition and processed in accordance with the referenced methods/procedures. Results for
these procedures apply only to the samples as submitted.
This data has been produced in accordance with NELAC standards (June, 2003). This report
shall not be reproduced except in full, without the written approval of the Laboratory.
This report contains only those analyses performed by Environmental Conservation
Laboratories. Data from outside organizations will be reported under separate cover.
If you have any questions or require further information, please do not hesitate to contact me.
Sincerely,
Ronald Wambles
Project Manager
Enclosure(s)
The total number of pages in this report, including this page is 35.
www.encolabs.com
SAMPLE SUMMARY/LABORATORY CHRONICLE
Client ID: I-S Lab ID: A60 1928-0 1
Sampled: 04/26/06 11:30 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 11:30 04/27/06 13:05 4/28/2006 14:07
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 11:30 04/27/06 13:05 4/28/2006 14:07
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14:13
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12:45
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:28
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 19:10
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 19: 11
EPA 8270C 05/03/06 06/11/06 05/02/06 08:22 5/3/2006 20: 14
Client ID: 2-S Lab ID: A601928-02
Sampled: 04/26/06 09:45 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 09:45 04/27/06 13:05 4/28/2006 14:30
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 09:45 04/27/06 13:05 4/28/2006 14:30
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14: 14
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12: 52
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:34
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:30
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:30
EPA 8270C 05/03/06 06/11/06 05/02/06 08:22 5/3/2006 20:31
Page 2 of 35
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Client ID: 3-S Lab ID: A601928-03
Sampled: 04/26/06 10: 15 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 10:15 04/27/06 13:05 4/28/2006 14:53
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 10:15 04/27/06 13:05 4/28/2006 14:53
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14:15
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12: 53
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:35
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:37
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:37
EPA 8270C 05/03/06 06/11/06 05/02/06 08:22 5/3/2006 20:48
Client ID: 3-D Lab ID: A601928-04
Sampled: 04/26/06 10: 15 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 10:15 04/27/06 13:05 4/28/2006 00:27
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 10:15 04/27/06 13:05 4/28/2006 00:27
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14:18
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12: 54
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:36
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:44
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 20:44
EPA 8270C 05/03/06 06/10/06 05/01/06 09:00 5/3/2006 17:09
Page 3 of 35
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Client ID: 4-S Lab ID: A601928-05
Sampled: 04/26/06 11: 00 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 11:00 04/27/06 13:05 4/28/2006 00:46
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 11:00 04/27/06 13:05 4/28/2006 00:46
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14:19
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12: 55
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:37
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 21:10
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 21:11
EPA 8270C 05/03/06 06/10/06 05/01/06 09:00 5/3/2006 17:25
Client ID: 4-D Lab ID: A601928-06
Sampled: 04/26/06 11: 00 Received: 04/27/06 09:25
Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s)
[CALC] 04/28/06 11:00 04/27/06 13:05 4/28/2006 01:06
EPA 7196A OS/20/06 04/27/06 09:30 4/27/2006 09:40
EPA 1664 OS/24/06 05/02/06 06:47 5/3/2006 14:19
EPA 300.0 04/28/06 11:00 04/27/06 13:05 4/28/2006 01:06
EPA 350.1 OS/24/06 05/04/06 11 :23 5/4/2006 14:20
EPA 350.1 OS/24/06 05/04/06 14:45 5/4/2006 15:42
EPA 351.2 OS/24/06 04/27/06 12:33 4/28/2006 12: 56
EPA 365.4 OS/24/06 04/27/06 12:33 4/28/2006 15:38
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 21:17
EPA 6010B 10/23/06 05/01/06 11: 54 5/1/2006 21:18
EPA 8270C 05/03/06 06/10/06 05/01/06 09:00 5/3/2006 17:42
Page 4 of 35
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SAMPLE DETECTION SUMMARY
Client ID: 1-8 Lab ID: A601928-01
Analyte Results/Qual MRL Units Method
Ammonia as N 0.05 0.02 mg/L EPA 350.1
Phosphorus 0.06 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.20 0.05 mg/L EPA 351.2
Unionized ammonia as N 0.008 I 0.02 mg/L EPA 350.1
Client ID: 2-8 Lab ID: A601928-02
Analyte Results/Qual MRL Units Method
Ammonia as N 0.06 0.02 mg/L EPA 350.1
Phosphorus 0.08 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.27 0.05 mg/L EPA 351.2
Unionized ammonia as N 0.006 I 0.02 mg/L EPA 350.1
Client ID: 3-8 Lab ID: A601928-03
Analyte Results/Qual MRL Units Method
Ammonia as N 0.02 0.02 mg/L EPA 350.1
Copper 4 I 10 ug/L EPA 6010B
Phosphorus 0.06 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.28 0.05 mg/L EPA 351.2
Client ID: 3-D Lab ID: A601928-04
Analyte Results/Qual MRL Units Method
Ammonia as N 0.06 0.02 mg/L EPA 350.1
Phosphorus 0.03 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.10 0.05 mg/L EPA 351.2
Unionized ammonia as N 0.007 I 0.02 mg/L EPA 350.1
Client ID: 4-8 Lab ID: A601928-05
Analyte Results/Qual MRL Units Method
Ammonia as N 0.04 0.02 mg/L EPA 350.1
Phosphorus 0.03 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.06 0.05 mg/L EPA 351.2
Unionized ammonia as N 0.005 I 0.02 mg/L EPA 350.1
Client ID: 4-D Lab ID: A601928-06
Analyte Results/Qual MRL Units Method
Ammonia as N 0.02 0.02 mg/L EPA 350.1
Phosphorus 0.04 0.03 mg/L EPA 365.4
Total Kjeldahl Nitrogen 0.14 0.05 mg/L EPA 351.2
Page 5 of 35
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ANALYTICAL REPORT
Sample ID: I-S Project: Downtown Boat Slips
Lab #: A601928-01 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6E02002
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.45 5.00 89% 39-148
Page 6 of 35
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ANALYTICAL REPORT
Sample ID:
Lab #:
I-S
A601928-01
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.05 0.003 0.02 mg/L EPA350.l NO PREP 6E040l9
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7l96A NO PREP 6026022
Nitrate as N NA 0.800 QC-5, U, 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Nitrite as N NA 0.700 QC-5, U, 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Phosphorus 7723-14-0 0.06 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.20 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.008 0.003 0.02 mg/L EPA350.l NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 7 of 35
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ANALYTICAL REPORT
Sample ID:
Lab #:
I-S
A601928-01
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 60l0B EPA3005A 6E01Ol5
Copper 7440-50-8 3 U 3 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Lead 7439-92-1 1 U 1 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Zinc 7440-66-6 3 U 3 20 ug/L EPA 60l0B EPA3005A 6E01Ol5
Page 8 of 35
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ANALYTICAL REPORT
Sample ID:
Lab #:
I-S
A601928-01
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 3 U 3 5 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 9 of 35
www.encolabs.com
ANALYTICAL REPORT
Sample ID: 2-S Project: Downtown Boat Slips
Lab #: A601928-02 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6E02002
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.68 5.00 94% 39-148
Page 10 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
2-S
A60l928-02
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.06 0.003 0.02 mg/L EPA350.l NO PREP 6E040l9
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7l96A NO PREP 6026022
Nitrate as N NA 0.800 QC-5, U, 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Nitrite as N NA 0.700 QC-5, U, 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Phosphorus 7723-14-0 0.08 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.27 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.006 0.003 0.02 mg/L EPA350.l NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 11 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
2-S
A60l928-02
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 6010B EPA3005A 6E01015
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 6010B EPA3005A 6E01015
Copper 7440-50-8 3 U 3 10 ug/L EPA 6010B EPA3005A 6E01015
Lead 7439-92-1 1 U 1 10 ug/L EPA 6010B EPA3005A 6E01015
Zinc 7440-66-6 3 U 3 20 ug/L EPA 6010B EPA3005A 6E01015
Page 12 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
2-S
A60l928-02
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 3 U 3 5 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 13 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID: 3-S Project: Downtown Boat Slips
Lab #: A601928-03 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6E02002
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.94 5.00 99% 39-148
Page 14 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-S
A60l928-03
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.02 0.003 0.02 mg/L EPA350.1 NO PREP 6E04019
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7196A NO PREP 6026022
Nitrate as N NA 0.800 QC-5, U, 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Nitrite as N NA 0.700 QC-5, U, 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
D GenChem
Phosphorus 7723-14-0 0.06 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.28 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.003 U 0.003 0.02 mg/L EPA 350.1 NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 15 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-S
A60l928-03
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 6010B EPA3005A 6E01015
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 6010B EPA3005A 6E01015
Copper 7440-50-8 4 I 3 10 ug/L EPA 6010B EPA3005A 6E01015
Lead 7439-92-1 1 U 1 10 ug/L EPA 6010B EPA3005A 6E01015
Zinc 7440-66-6 3 U 3 20 ug/L EPA 6010B EPA3005A 6E01015
Page 16 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-S
A60l928-03
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 3 U 3 5 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 17 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID: 3-D Project: Downtown Boat Slips
Lab #: A601928-04 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6EOI005
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.23 5.00 85 % 39-148
Page 18 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-D
A60l928-04
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.06 0.003 0.02 mg/L EPA350.1 NO PREP 6E04019
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7196A NO PREP 6026022
Nitrate as N NA 0.800 U,D 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Nitrite as N NA 0.700 U,D 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Phosphorus 7723-14-0 0.03 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.10 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.007 0.003 0.02 mg/L EPA350.1 NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 19 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-D
A60l928-04
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 60l0B EPA3005A 6E01Ol5
Copper 7440-50-8 3 U 3 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Lead 7439-92-1 1 U 1 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Zinc 7440-66-6 3 U 3 20 ug/L EPA 60l0B EPA3005A 6E01Ol5
Page 20 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
3-D
A60l928-04
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 3 U 3 5 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 21 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID: 4-S Project: Downtown Boat Slips
Lab #: A601928-05 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6EOI005
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.78 5.00 96% 39-148
Page 22 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-S
A60l928-05
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.04 0.003 0.02 mg/L EPA350.l NO PREP 6E040l9
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7l96A NO PREP 6026022
Nitrate as N NA 0.800 U,D 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Nitrite as N NA 0.700 U,D 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Phosphorus 7723-14-0 0.03 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.06 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.005 0.003 0.02 mg/L EPA350.l NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 23 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-S
A60l928-05
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 60l0B EPA3005A 6E01Ol5
Copper 7440-50-8 3 U 3 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Lead 7439-92-1 1 U 1 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Zinc 7440-66-6 3 U 3 20 ug/L EPA 60l0B EPA3005A 6E01Ol5
Page 24 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-S
A60l928-05
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 3 U 3 5 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 25 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID: 4-D Project: Downtown Boat Slips
Lab #: A601928-06 Work Order #: A601928
Prep. Method: EPA 3510C MS Matrix: Surface Water
Analyzed: 05/03/06 By: JFI Unit: ug/L
Anal. Method: EP A 8270C Dilution Factor: 1
Anal. Batch:
QC Batch: 6EOI005
Semivolatile Organic Compounds by GCMS SIM
Analytical
Parameter CAS Number Results MDL MRL Units
1- Methylnaphthalene 90-12-0 0.04 U 0.04 0.10 ug/L
2- Methylnaphthalene 91-57-6 0.05 U 0.05 0.10 ug/L
Acenaphthene 83-32-9 0.04 U 0.04 0.10 ug/L
Acenaphthylene 208-96-8 0.04 U 0.04 0.10 ug/L
Anthracene 120-12-7 0.04 U 0.04 0.10 ug/L
Benzo( a )anthracene 56-55-3 0.04 U 0.04 0.10 ug/L
Benzo( a )pyrene 50-32-8 0.03 U 0.03 0.10 ug/L
Benzo(b )f1uoranthene 205-99-2 0.05 U 0.05 0.10 ug/L
Benzo(g,h,i )perylene 191-24-2 0.07 U 0.07 0.10 ug/L
Benzo(k)f1uoranthene 207-08-9 0.06 U 0.06 0.10 ug/L
Chrysene 218-01-9 0.04 U 0.04 0.10 ug/L
Dibenzo( a,h )anthracene 53-70-3 0.05 U 0.05 0.10 ug/L
Fluoranthene 206-44-0 0.03 U 0.03 0.10 ug/L
Fluorene 86-73-7 0.03 U 0.03 0.10 ug/L
Indeno( 1,2,3-cd)pyrene 193-39-5 0.03 U 0.03 0.10 ug/L
Naphthalene 91-20-3 0.09 U 0.09 0.10 ug/L
Phenanthrene 85-01-8 0.03 U 0.03 0.10 ug/L
Pyrene 129-00-0 0.03 U 0.03 0.10 ug/L
Surroeate Recovery Result Spike Level 0/0 Recovery % Recovery Limits
p- Terphenyl 92-94-4 4.73 5.00 95 % 39-148
Page 26 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-D
A60l928-06
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Ammonia as N 7664-41-7 0.02 0.003 0.02 mg/L EPA350.1 NO PREP 6E04019
Hexavalent Chromium 1854-02-99 0.005 U 0.005 0.03 mg/L EPA 7196A NO PREP 6026022
Nitrate as N NA 0.800 U,D 0.800 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Nitrite as N NA 0.700 U,D 0.700 5.00 mg/L EPA 300.0 Default Prep 6027018
GenChem
Phosphorus 7723-14-0 0.04 0.02 0.03 mg/L EP A 365.4 Default Prep 6027021
GenChem
Total Kjeldahl Nitrogen NA 0.14 0.04 0.05 mg/L EPA351.2 Default Prep 6027020
GenChem
Unionized ammonia as N NA 0.003 U 0.003 0.02 mg/L EPA 350.1 NO PREP 6E04029
Classical Chemistry Parameters
Analytical
Parameter CAS Number Results MDL MRL Units
NitrateINitrite as N 1.50 1.50 10.0 mg/L
Nitrogen Total 1.54 1.54 10.0 mg/L
Page 27 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-D
A60l928-06
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A60l928
Surface Water
Metals by EP A 6000/7000 Series Methods
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Arsenic 7440-38-2 4 U 4 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Cadmium 7440-43-9 0.2 U 0.2 1.0 ug/L EPA 60l0B EPA3005A 6E01Ol5
Copper 7440-50-8 3 U 3 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Lead 7439-92-1 1 U 1 10 ug/L EPA 60l0B EPA3005A 6E01Ol5
Zinc 7440-66-6 3 U 3 20 ug/L EPA 60l0B EPA3005A 6E01Ol5
Page 28 of35
www.encolabs.com
ANALYTICAL REPORT
Sample ID:
Lab #:
4-D
A60l928-06
Project:
Work Order #:
Matrix:
Downtown Boat Slips
A601928
Surface Water
Classical Chemistry Parameters
Analytical Analysis Prep Analytical
Parameter CAS Number Results MDL MRL Units Method Method Batch
Oil & Grease (HEM) C-007 4 U 4 6 mg/L EPA 1664 Default Prep 6E02002
GenChem
Page 29 of35
www.encolabs.com
QUALITY CONTROL
Result
MRL
Units
Spike
Level
Source
Result
%REC
%REC
Limits
RPD
RPD
Limit
Sanple
Notes
Metals by EP A 6000/7000 Series Methods - Quality Control
Batch 6EOlOl5 -EPA 3005A
Blank (6EOI015-BLKl) Prepared: 05/01/200611:54 Analyzed: 05/01/200618:43
Arsenic 4U 10 ug/L
Cadmium 0.2 U 1.0 ug/L
Copper 3U 10 ug/L
Lead 1 U 10 ug/L
Zinc 3U 20 ug/L
LCS (6EOI015-BSl) Prepared: 05/01/200611:54 Analyzed: 05/01/200618:50
Arsenic 1000 10 ug/L 1000 100 85-120
Cadmium 481 1.0 ug/L 500 96 85-115
Copper 496 10 ug/L 500 99 88-112
Lead 964 10 ug/L 1000 96 82-117
Zinc 979 20 ug/L 1000 98 88-114
Matrix Spike (6EOI015-MSl) Source: A601928-01 Prepared: 05/01/200611:54 Analyzed: 05/01/200618:57
Arsenic 1020 10 ug/L 1000 4U 102 64-126
Cadmium 424 1.0 ug/L 500 0.2U 85 68-121
Copper 565 10 ug/L 500 3U 113 75-123
Lead 828 10 ug/L 1000 lU 83 68-126
Zinc 822 20 ug/L 1000 3U 82 63-131
Matrix Spike Dup (6EOI015-MSDl) Source: A601928-01 Prepared: 05/01/200611:54 Analyzed: 05/01/200619:04
Arsenic 1000 10 ug/L 1000 4U 100 64-126 2 12
Cadmium 420 1.0 ug/L 500 0.2U 84 68-121 0.9 12
Copper 562 10 ug/L 500 3U 112 75-123 0.5 11
Lead 822 10 ug/L 1000 lU 82 68-126 0.7 19
Zinc 813 20 ug/L 1000 3U 81 63-131 1 24
Classical Chemistry Parameters - Quality Control
Batch 6E02002 - Default Prep GenChem
Blank (6E02002-BLKl) Prepared: 05/02/2006 06:47 Analyzed: 05/03/200614:19
Oil & Grease (HEM) 3U 5 mg/L
LCS (6E02002-BSl) Prepared: 05/02/2006 06:47 Analyzed: 05/03/200614:19
Oil & Grease (HEM) 19.8 5 mg/L 20.0 99 78-114
Matrix Spike (6E02002-MSl) Source: B603586-01 Prepared: 05/02/2006 06:47 Analyzed: 05/03/200614:19
Oil & Grease (HEM) 19.8 5 mg/L 20.0 3U 99 50-150
Matrix Spike Dup (6E02002-MSDl) Source: B603586-01 Prepared: 05/02/2006 06:47 Analyzed: 05/03/200614:19
Oil & Grease (HEM) 20.0 5 mg/L 20.0 3U 100 50-150 1 18
QUALITY CONTROL
Result
MRL
Units
Spike
Level
Source
Result
%REC
%REC
Limits
RPD
RPD
Limit
Sanple
Notes
Semivolatile Organic Compounds by GCMS SIM - Quality Control
Batch 6EOl005 -EPA 35l0C MS
Blank (6EOI005-BLKl)
Benzo( a)authracene
Prepared: 05/01/2006 09:00 Analyzed: 05/02/2006 18:41
0.04 U
0.10
ug/L
Page 30 of35
www.encolabs.com
QUALITY CONTROL
Result
MRL
Units
Spike
Level
Source
Result
%REC
%REC
Limits
RPD
RPD
Limit
Sanple
Notes
Semivolatile Organic Compounds by GCMS SIM - Quality Control
Batch 6EOl005 -EPA 35l0C MS
Blank (6EOI005-BLKl) Continued Prepared: 05/01/2006 09:00 Analyzed: 05/02/2006 18:41
Benzo(b )fluoranthene 0.05 U 0.10 ug/L
Benzo(k)fluoranthene 0.06 U 0.10 ug/L
Benzo(g,h,i)perylene 0.07 U 0.10 ug/L
1- Methylnaphthalene 0.04 U 0.10 ug/L
Benzo( a)pyrene 0.03 U 0.10 ug/L
Dibenzo( a,h)anthracene 0.05 U 0.10 ug/L
Indeno( 1 ,2,3-cd)pyrene 0.03 U 0.10 ug/L
2-Methylnaphthalene 0.05 U 0.10 ug/L
Acenaphthene 0.04 U 0.10 ug/L
Acenaphthylene 0.04 U 0.10 ug/L
Anthracene 0.04 U 0.10 ug/L
Chrysene 0.04 U 0.10 ug/L
Fluoranthene 0.03 U 0.10 ug/L
Fluorene 0.03 U 0.10 ug/L
Naphthalene 0.09 U 0.10 ug/L
Phenanthrene 0.03 U 0.10 ug/L
Pyrene 0.03 U 0.10 ug/L
Surrogate: p-Terphenyl 4.79 uglL 5.00 96 39-148
LCS (6EOIOO5-BSl) Prepared: 05/01/2006 09:00 Analyzed: 05/02/2006 18:58
Benzo(g,h,i)perylene 1.61 0.10 ug/L 2.00 80 23-146
Benzo( a)pyrene 1.71 0.10 ug/L 2.00 86 57-126
Acenaphthene 1.97 0.10 ug/L 2.00 98 48-119
Naphthalene 1.83 0.10 ug/L 2.00 92 38-138
Surrogate: p-Terphenyl 4.37 uglL 5.00 87 39-148
Matrix Spike (6EOIOO5-MSl) Source: A602041-01 Prepared: 05/01/2006 09:00 Analyzed: 05/02/200619:15
Benzo(g,h,i)perylene 1.69 0.10 ug/L 2.00 0.07U 84 52-155
Benzo( a)pyrene 1.75 0.10 ug/L 2.00 0.03 U 88 41-157
Acenaphthene 1.99 0.10 ug/L 2.00 0.04 U 100 20-150
Naphthalene 1.97 0.10 ug/L 2.00 0.09U 98 30-112
Surrogate: p-Terphenyl 4.55 uglL 5.00 91 39-148
Matrix Spike Dup (6EOIOO5-MSDl) Source: A602041-01 Prepared: 05/01/2006 09:00 Analyzed: 05/02/2006 19:32
Benzo(g,h,i)perylene 1.91 0.10 ug/L 2.00 0.07U 96 52-155 12 32
Benzo( a)pyrene 1.86 0.10 ug/L 2.00 0.03 U 93 41-157 6 30
Acenaphthene 2.04 0.10 ug/L 2.00 0.04 U 102 20-150 2 27
Naphthalene 1.89 0.10 ug/L 2.00 0.09U 94 30-112 4 33
Surrogate: p-Terphenyl 4.37 uglL 5.00 87 39-148
Batch 6E02002 - EPA 35l0C MS
Blank (6E02002-BLKl) Prepared: 05/02/2006 08:22 Analyzed: 05/03/2006 09:49
Benzo( a) anthracene 0.04 U 0.10 ug/L
Benzo(b )fluoranthene 0.05 U 0.10 ug/L
Benzo(k)fluoranthene 0.06 U 0.10 ug/L
Benzo(g,h,i)perylene 0.07 U 0.10 ug/L
Page 31 of35
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QUALITY CONTROL
Result
MRL
Units
Spike
Level
Source
Result
%REC
%REC
Limits
RPD
RPD
Limit
Sanple
Notes
Semivolatile Organic Compounds by GCMS SIM - Quality Control
Batch 6E02002 - EPA 35l0C MS
Blank (6E02002-BLKl) Continued Prepared: 05/02/2006 08:22 Analyzed: 05/03/2006 09:49
1- Methylnaphthalene 0.04 U 0.10 ug/L
Benzo( a)pyrene 0.03 U 0.10 ug/L
Dibenzo( a,h)anthracene 0.05 U 0.10 ug/L
Indeno( 1 ,2,3-cd)pyrene 0.03 U 0.10 ug/L
2-Methylnaphthalene 0.05 U 0.10 ug/L
Acenaphthene 0.04 U 0.10 ug/L
Acenaphthylene 0.04 U 0.10 ug/L
Anthracene 0.04 U 0.10 ug/L
Chrysene 0.04 U 0.10 ug/L
Fluoranthene 0.03 U 0.10 ug/L
Fluorene 0.03 U 0.10 ug/L
Naphthalene 0.09 U 0.10 ug/L
Phenanthrene 0.03 U 0.10 ug/L
Pyrene 0.03 U 0.10 ug/L
Surrogate: p-Terphenyl 5.17 uglL 5.00 103 39-148
LCS (6E02002-BSl) Prepared: 05/02/2006 08:22 Analyzed: 05/03/200614:19
Benzo(g,h,i)perylene 1.52 0.10 ug/L 2.00 76 23-146
Benzo( a)pyrene 1.93 0.10 ug/L 2.00 96 57-126
Acenaphthene 2.61 0.10 ug/L 2.00 130 48-119
Naphthalene 2.35 0.10 ug/L 2.00 118 38-138
Surrogate: p-Terphenyl 5.46 uglL 5.00 109 39-148
Matrix Spike (6E02002-MSl) Source: A602041-01 Prepared: 05/02/2006 08:22 Analyzed: 05/03/2006 14:36
Benzo(g,h,i)perylene 1.06 0.10 ug/L 2.00 0.07U 53 52-155
Benzo( a)pyrene 1.48 0.10 ug/L 2.00 0.03 U 74 41-157
Acenaphthene 2.18 0.10 ug/L 2.00 0.04 U 109 20-150
Naphthalene 2.01 0.10 ug/L 2.00 0.09U 100 30-112
Surrogate: p-Terphenyl 4.11 uglL 5.00 82 39-148
Matrix Spike Dup (6E02002-MSDl) Source: A602041-01 Prepared: 05/02/2006 08:22 Analyzed: 05/03/2006 14:53
Benzo(g,h,i)perylene 1.04 0.10 ug/L 2.00 0.07U 52 52-155 2 32
Benzo( a)pyrene 1.48 0.10 ug/L 2.00 0.03 U 74 41-157 0 30
Acenaphthene 2.35 0.10 ug/L 2.00 0.04 U 118 20-150 8 27
Naphthalene 2.11 0.10 ug/L 2.00 0.09U 106 30-112 5 33
Surrogate: p-Terphenyl 4.22 uglL 5.00 84 39-148
Classical Chemistry Parameters - Quality Control
Batch 6D26022 - NO PREP
Blank (6D26022-BLKl)
Hexavalent Chromium
Prepared: 04/26/2006 12:40 Analyzed: 04/26/2006 13:00
0.005 U 0.03 mg/L
Prepared: 04/27/2006 09:30 Analyzed: 04/27/2006 09:40
0.005 U 0.03 mg/L
Prepared: 04/26/2006 12:40 Analyzed: 04/26/2006 13:00
0.258 0.03 mg/L 0.250 103 82-113
Blank (6D26022- BLK2)
Hexavalent Chromium
LCS (6D26022-BSl)
Hexavalent Chromium
Page 32 of35
www.encolabs.com
QUALITY CONTROL
Result
MRL
Units
Spike
Level
Source
Result
%REC
%REC
Limits
RPD
RPD
Limit
Sanple
Notes
Classical Chemistry Parameters - Quality Control
Batch 6D26022 - NO PREP
LCS (6D26022-BS2) Prepared: 04/27/2006 09:30 Analyzed: 04/27/2006 09:40
Hexavalent Chromium 0.281 0.03 mg/L 0.250 112 82-113
Matrix Spike (6D26022-MSl) Source: A602012-01 Prepared: 04/26/2006 12:40 Analyzed: 04/26/2006 13:00
Hexavalent Chromium 0.147 0.03 mg/L 0.250 0.005 U 59 56-131
Matrix Spike Dup (6D26022-MSDl) Source: A602012-01 Prepared: 04/26/2006 12:40 Analyzed: 04/26/2006 13:00
Hexavalent Chromium 0.143 0.03 mg/L 0.250 0.005 U 57 56-131 3 10
Batch 6D27018 - Default Prep GenChem
Blank (6D27018-BLKl) Prepared: 04/27/200613:05 Analyzed: 04/27/200614:14
Nitrate as N 0.008 U 0.050 mg/L
Nitrite as N 0.007 U 0.050 mg/L
LCS (6D27018-BSl) Prepared: 04/27/2006 13:05 Analyzed: 04/27/2006 14:28
Nitrate as N 4.88 0.050 mg/L 5.00 98 90-110
Nitrite as N 4.90 0.050 mg/L 5.00 98 90-110
Matrix Spike (6D27018-MSl) Source: A602008-03 Prepared: 04/27/2006 13:05 Analyzed: 04/27/2006 14:41
Nitrate as N 5.16 0.050 mg/L 5.10 0.684 88 40-152
Nitrite as N 4.91 0.050 mg/L 5.10 0.007 U 96 48-161
Matrix Spike Dup (6D27018-MSDl) Source: A602008-03 Prepared: 04/27/2006 13:05 Analyzed: 04/27/2006 14:55
Nitrate as N 5.32 0.050 mg/L 5.10 0.684 91 40-152 3 23
Nitrite as N 5.07 0.050 mg/L 5.10 0.007 U 99 48-161 3 22
Batch 6D27020 - Default Prep GenChem
Blank (6D27020-BLKl) Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 12:27
Total Kjeldahl Nitrogen 0.04 U 0.05 mg/L
LCS (6D27020-BSl) Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 13:25
Total Kjeldahl Nitrogen 2.33 0.05 mg/L 2.50 93 90-110
Matrix Spike (6D27020-MSl) Source: A601928-01 Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 12:46
Total Kjeldahl Nitrogen 2.71 0.05 mg/L 2.50 0.195 101 90-110
Matrix Spike Dup (6D27020-MSDl) Source: A601928-01 Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 12:48
Total Kjeldahl Nitrogen 2.58 0.05 mg/L 2.50 0.195 95 90-110 5 10
Batch 6D27021 - Default Prep GenChem
Blank (6D27021-BLKl) Prepared: 04/27/200612:33 Analyzed: 04/28/200615:15
Phosphorus 0.02 U 0.03 mg/L
LCS (6D27021-BSl) Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 15:49
Phosphorus 2.54 0.03 mg/L 2.50 102 87-114
Matrix Spike (6D27021-MSl) Source: A601928-01 Prepared: 04/27/200612:33 Analyzed: 04/28/200615:31
Phosphorus 2.68 0.03 mg/L 2.50 0.0614 105 74-121
Matrix Spike Dup (6D27021-MSDl) Source: A601928-01 Prepared: 04/27/2006 12:33 Analyzed: 04/28/2006 15:32
Phosphorus 2.64 0.03 mg/L 2.50 0.0614 103 74-121 2 11
Batch 6E04019 - NO PREP
Blank (6E04019-BLKl) Prepared: 05/04/200611:23 Analyzed: 05/04/200613:52
Ammonia as N 0.003 U 0.02 mg/L
LCS (6E04019-BSl) Prepared: 05/04/200611:23 Analyzed: 05/04/200613:53
Page 33 of35
Result
Classical Chemistry Parameters - Quality Control
Batch 6E04019 - NO PREP
LCS (6E04019-BSl) Continued
Ammonia as N
Matrix Spike (6E04019-MSl)
Ammonia as N
Matrix Spike Dup (6E04019-MSDl)
Ammonia as N
Page 34 of35
1.02
6.28 QM-02
6.26 QM-02
www.encolabs.com
QUALITY CONTROL
MRL
0.02
Source: A601867-02
0.02
Source: A601867-02
0.02
Units
Spike
Level
Source
Result
%REC
Limits
%REC
RPD
Prepared: 05/04/200611:23 Analyzed: 05/04/200613:53
mg/L 1. 00 102 90-11 0
mg/L
mg/L
Prepared: 05/04/200611:23 Analyzed: 05/04/200613:56
1.00 6.81 NR 90-110
Prepared: 05/04/200611:23 Analyzed: 05/04/200613:58
1.00 6.81 NR 90-110 0.3 10
RPD
Limit
Sanple
Notes
QM-02
QM-02
U
QM-02
QC-5
I
D
Page 35 of35
www.encolabs.com
NOTES AND DEFINITIONS
Analyte included in the analysis, but not detected
The RPD and/or percent recovery for this QC spike sample cannot be accurately calculated due
to the high concentration of analyte inherent in the sample.
Sample was originally analyzed within hold time. However, it was determined that positive
interference was contributing to the sample result. So the sample was reanalyzed at a dilution
to eliminate the interference.
Detected but below the Reporting Limit; therefore, result is an estimated concentration (CLP J-
Flag).
Data reported from a dilution
APPENDIX 2
Wind and Wave Study
Olsen Associates
c1w2051.01 rn\docs\planning\c1w downtown boat slips 2006
Clearwater Downtown Boat Slips
Clearwater, Florida
Wind and Wave Study
Submitted to
Wade-Trim, Inc.
Renaissance 5, Suite 220
8745 Henderson Road
Tampa, FL 33634
Prepared by
Olsen Associates, Inc.
4438 Herschel Street
Jacksonville, FL 32210
(904) 387-6114
May 2006
Clearwater Downtown Boat Slips
Clearwater, Florida:
Wind and Wave Study
Olsen Associates, Inc.
4438 Herschel Street
Jacksonville, Fl32210
(904) 387-6114
Introduction
The City of Clearwater, Florida has proposed construction of a 138 slip public
marina facility adjacent to the Intracoastal Waterway channel along the eastern shoreline
of Clearwater Harbor. The coastal engineering firm of Olsen Associates, Inc. was
contracted by Wade-Trim, Inc. to perform an analysis of wind and wave hazards which
could reasonably be expected to impact the marina infrastructure at some point in its
design cycle. As such, the relative probability of occurrence of waves associated with
wind and storm surge of varying intensity is considered herein.
The results suggest that site conditions throughout the proposed marina locale are
particularly sensitive to waves generated by winds originating from the north and south-
southwest. A typical gale force wind (40 mph) is capable of producing an approximate
2.7 foot high wave at the marina site. Hurricane force winds (74 mph) are capable of
generating well over 4- foot high waves at the marina. Additionally, a condominium
seawall located immediately to the south of the project site may serve as a secondary,
major source of reflected wave energy into the proposed marina basin.
The proposed city boat slips are to be sited at the foot of the Clearwater Memorial
Causeway Bridge. The installation of floating concrete docks is planned both north and
south of the recently reconstructed bridge. The marina will be most readily accessible
1
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from the Gulf of Mexico through the federal navigation channel at Clearwater Pass. The
seaward entrance of the 0.75 mile-long inlet is located approximately 1.7 statute miles to
the west of the marina site. A vicinity map of the proposed project site, located along the
coast of Pin ell as County, is presented as Figure 1.
!II _ :liI
I
Figure 1 - General vicinity map.
Tides
Reference tidal elevations at two observation stations located near the marina site
are listed in Table 1. The stations are both maintained by the National Oceanic and
Atmospheric Administration's National Ocean Service (NOS). The Clearwater Beach
gauge (NOS Station ID: 8726724) was established in 1973 and remains currently active
in the Gulf of Mexico. The gauge is located at the seaward end of the Big 60 Pier. The
Clearwater Harbor gauge is located within Clearwater Harbor, on a pier at the west end of
Magnolia Drive. However, it is no longer an active observation station. Reference
2
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elevations at the Clearwater Beach station have been adopted for use herein due to its
longer observation period, currently active status, and the relative similitude between the
benchmark elevations at the two gauges. Unless otherwise stated, data contained herein
are reported in feet and referenced to NA VD88 which is approximately 1.79 feet above
mean lower low water (MLLW).
Table 1 - Tidal elevations published at Clearwater Beach, Florida (NOAAl).
Vertical Datums (feet)
Clearwater Harbor Clearwater Beach
Highest Observed Water Level (03/13/1993) -- 5.00
Mean Higher High Water (MHHW) 0.98 0.95
Mean High Water (MHW) 0.64 0.61
NAVD88 0.00 0.00
Mean Sea Level (MSL) -0.30 -0.31
Mean Tide Level (MTL) -0.31 -0.33
NGVD29 -0.87 -0.86
Mean Low Water (MLW) -1.25 -1.27
Mean Lower Low Water (MLLW) -1.76 -1.79
Lowest Observed Water Level (01/19/1977) -- -4.33
Tides at the site are considered mixed semidiurnal meaning there are chiefly two
high tides and two low tides per tidal day (24.8 hours) but the occurrence of each can
vary over time. The inconsistent occurrence of a daily higher-high and/or lower-low
water on a mixed tide cycle can bias computations of mean higher-high and/or lower-low
reference elevations. Such bias can result in frequent occurrences of tides either much
higher than, or lower than, the mean values. An example I-year prediction of
astronomical tides for the calendar year 2006 is shown in Figure 2. Predicted 2006 tides
at Clearwater Beach suggest there are a large number of lower-low tide events occurring
at an elevation that is substantially lower than the published mean lower low water
reference (see Figure 2). This observation is important for design of the marina basin
depths and for floating dock ramps. The predicted tides shown in the figure also illustrate
the general increase in mean water level and high tide elevations that are annually
common in late summer and early fall (coincident with hurricane season).
1 Data are available online at http://co-ops.nos.noaa.gov
3
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Wind Data
Historical meteorological and oceanographic data measured at the Clearwater
Beach observation station were obtained from the National Data Buoy Center (NDBCf
The station records 2-minute averaged wind speeds at an elevation of 6.4 meters. Quality
controlled wind data are available only for the year 2005 at this station. Additional non-
quality controlled wind data measured between July 1995 and the present are available
for the Clearwater Beach anemometer. A review of these data suggests that the quality of
the raw record is not sufficient for use in the present analysis.
The National Climactic Data Center (NCDC) maintains wind records at select
stations throughout the U.S. Tampa Airport is the location of the NCDC observation
station closest to the study area. Tampa airport (TP A) is located approximately 19 miles
east of the study area. Three-hour wind measurements at TPA from 1949 to the present
were obtained for the present studl, although all data are not in a digital format.
The U.S. Army Corps of Engineers Coastal and Hydraulics Laboratory operates
the Wave Information Studies program (WIS), which is responsible for developing and
maintaining nearshore hindcast wave statistics throughout the Atlantic and Gulf of
Mexico. WIS Station 260 is located approximately 12.9 miles northwest of Clearwater
Pass in a water depth of about 42 feet. Hourly hindcast estimates of wind speed and
direction data from WIS Station 260 for the period January 1980 to December 1999 were
obtained for this studl.
Available quality controlled data from the following nearby observation stations
were also obtained for roughly the same period as the Clearwater Beach data, 2004 to
2005: Egmont Key, Tarpon Springs, and Port Richey. Figure 3 presents wind rose plots
describing the relative frequency of speed and direction reported for the Clearwater gauge
(2005), WIS hindcast (1980-1999), Egmont Key (2004-2005), Tarpon Springs (2004-
2 Online at http://seaboard.ndbc.noaa.gov
3 Data downloaded from NCDC website: http://www.ncdc.noaa.gov/oa/ncdc.html
4 Online at http://frf.usace.army.mil/cgi -bin/wis/atl/atl_ main.html
5
olsen associates, inc.
2005), and Port Richey (2004-2005) observation stations. The data are not corrected for
common anemometer height or averaging period. The data suggest that the majority of
the wind events originate between 0 and 135 degrees azimuth (north to southeast). The
Clearwater Beach, Egmont Key, Tarpon Springs, and Port Richey data suggests that in
2004 and 2005, there were a rather significant percentage of wind events which were
directed from the north. The WIS data do contain significant northerly winds, but at a
much lower relative frequency of occurrence than the land-based stations. This is an
important finding as a north wind corresponds to a particularly sensitive (long) fetch for
the marina and can give rise to the prediction of considerable seas at the site.
Clearwater Beach Gauge: 2005
270
o
90
180
WIS Station 260: Jan 1980 to Dec. 1999
180
Figure 3 -Wind speed (mph) and direction (deg north) near the study area.
6
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Egmonl Key, FL Gauge: July 2004 10 Oct. 2005
292.5
270
180
Tarpon Springs, FL Gauge: Jan. 200410 Dec. 2005
180
Pori Richey, FL Gauge: Jan. 200410 Dec. 2005
270
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247.5
180
Figure 3 (cont'd) -Wind speed (mph) and direction (deg north) near the study area.
7
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Maximum sustained wind speeds measured at these stations vary from 33 mph
(Tarpon Springs) to over 56 mph (WIS data). Other reported maximum winds adjusted
to 10-meter elevation include: Clearwater Beach: 51 mph, Egmont Key: 51 mph, Port
Richey: 47 mph. It is important to note that the Tarpon Springs gauge is in a sheltered
location.
Tropical Storm Data
NOAA Coastal Services Center maintains a database containing tracking
information for all recorded Atlantic tropical cyclones occurring between 1851 and
20055. This database includes measured wind data for tropical, extratropical, subtropical
and extratropical cyclone events. The current study identified 24 and 56 storm events in
the 155 year record which passed within 25 and 50 nautical miles (nm) of Clearwater,
Florida, respectively. Maximum sustained wind speeds associated with each passing
storm, within 25 or 50-nm radius, were extracted from the NOAA database. NOAA
defines maximum sustained winds using one-minute averaged wind speed recorded at the
standard meteorological height of 10 meters.
Because most tropical storms exhibit a "radius-to-maximum winds" distance of
about 20 to 30 nm, it is reasonably assumed that meteorological conditions within a 25-
nm radius are capable of impacting the project site at the intensity reported by NOAA.
Expanding the search radius to 50 nm allows consideration of many more storms; thus,
the frequency of occurrence of a given event is numerically increased. However, storms
with small radius-to-maximum-winds, occurring along the periphery of the 50-nm search
window, will not impact the project site with the storms' maximum reported winds. On
the other hand, a storm passing between 25 and 50 nm from the site with a large radius-
to-maximum-winds would fully impact the marina site. In sum, the historical record of
storms passing within 25 nm of the site represents the minimum (least-conservative)
estimated occurrence of tropical winds at the site; while the storm record within 50 nm
5 http://hurricane.csc.noaa.gov/hurricanes/index.htm
8
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represents a high-end (more conservative) estimated occurrence of tropical winds at the
site.
Tables 2 and 3 list the storms passmg within 25 and 50 nm of the site,
respectively. The storm category designations in the tables are as follows: HI, H2, and
H3 = Category 1, 2, and 3 hurricanes; TS = tropical storm; TD = tropical depression; SS
= subtropical storm; L = low; E = extratropical storm. The storm category listed for each
storm is based upon wind speed, per the Saffir-Simpson hurricane scale.
Table 2 - Cyclones passing within 25-nm of Clearwater, PI (1851-2005).
Rec YEAR MONTH DAY STORM NAME WIND SPEED (mph) CATEGORY
1 1852 9 11 NOTNAMEO 81 H1
2 1872 10 23 NOTNAMEO 58 TS
3 1873 9 23 NOTNAMEO 58 TS
4 1878 9 10 NOTNAMEO 104 H2
5 1886 7 18 NOTNAMEO 81 H1
6 1887 10 30 NOTNAMEO 46 TS
7 1892 10 24 NOTNAMEO 52 TS
8 1898 8 2 NOTNAMEO 40 TS
9 1899 10 5 NOTNAMEO 58 TS
10 1903 9 12 NOTNAMEO 63 TS
11 1921 10 25 NOTNAMEO 121 H3
12 1930 9 9 NOTNAMEO 40 TS
13 1937 7 29 NOTNAMEO 46 TS
14 1946 10 8 NOTNAMEO 75 H1
15 1947 9 23 NOTNAMEO 58 TS
16 1950 9 4 EASY 127 H3
17 1959 6 18 NOTNAMEO 35 TO
18 1960 9 25 FLORENCE 29 TO
19 1969 10 5 JENNY 29 TO
20 1974 6 25 SUBTROP1 52 SS
21 1990 10 11 MARCO 46 TS
22 1991 7 1 ANA 23 L
23 2003 9 6 HENRI 35 TO
24 2004 9 6 FRANCES 63 TS
9
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Table 3 - Cyclones passing within 50-nrn of Clearwater, PI (1851-2005).
Rec YEAR MONTH DAY STORM NAME WIND SPEED (mph) CATEGORY
1 1852 9 11 NOT NAMED 81 H1
2 1858 9 14 NOT NAMED 69 TS
3 1872 10 23 NOT NAMED 58 TS
4 1873 9 23 NOT NAMED 58 TS
5 1874 9 28 NOT NAMED 81 H1
6 1878 9 10 NOT NAMED 104 H2
7 1880 10 8 NOT NAMED 81 H1
8 1880 8 30 NOT NAMED 69 TS
9 1886 7 19 NOT NAMED 81 H1
10 1887 10 30 NOT NAMED 46 TS
11 1888 9 9 NOT NAMED 52 TS
12 1892 10 24 NOT NAMED 52 TS
13 1898 8 2 NOT NAMED 40 TS
14 1899 10 5 NOT NAMED 58 TS
15 1903 9 12 NOT NAMED 63 TS
16 1909 6 29 NOT NAMED 40 TS
17 1911 10 31 NOT NAMED 40 E
18 1921 10 25 NOT NAMED 121 H3
19 1925 12 1 NOT NAMED 75 H1
20 1928 8 13 NOT NAMED 63 TS
21 1930 9 9 NOT NAMED 40 TS
22 1933 7 31 NOT NAMED 63 TS
23 1933 8 1 NOT NAMED 46 TS
24 1933 9 4 NOT NAMED 63 TS
25 1935 9 4 NOT NAMED 109 H2
26 1935 11 8 NOT NAMED 17 TD
27 1937 7 30 NOT NAMED 46 TS
28 1939 8 12 NOT NAMED 69 TS
29 1940 8 3 NOT NAMED 40 TS
30 1941 10 6 NOT NAMED 109 H2
31 1941 10 22 NOT NAMED 29 TD
32 1944 10 19 NOT NAMED 75 H1
33 1945 6 24 NOT NAMED 92 H1
34 1945 9 5 NOT NAMED 40 TS
35 1946 10 8 NOT NAMED 75 H1
36 1947 9 23 NOT NAMED 58 TS
37 1949 8 27 NOT NAMED 115 H3
38 1950 9 5 EASY 127 H3
39 1959 6 18 NOT NAMED 35 TD
40 1960 9 25 FLORENCE 29 TD
41 1968 10 19 GLADYS 81 H1
42 1969 10 5 JENNY 29 TD
43 1974 6 25 SUBTROP1 52 SS
44 1982 6 18 SUBTROP1 46 SS
45 1983 8 25 BARRY 29 TD
46 1984 9 28 ISIDORE 52 TS
47 1988 11 23 KEITH 63 TS
48 1990 10 11 MARCO 63 TS
49 1991 6 30 ANA 23 L
50 1995 8 2 ERIN 58 TS
51 1995 8 24 JERRY 40 TS
52 2001 9 14 GABRIELLE 69 TS
53 2002 9 5 EDOUARD 23 TD
54 2003 9 6 HENRI 35 TD
55 2004 9 26 JEANNE 86 H1
56 2004 9 5 FRANCES 69 TS
10
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Figure 4 plots the frequency of occurrence for both the 25 and 50 nm radii. The
figure includes 95-percent confidence limits for each return period curve. Recurrence
intervals for wind speed associated with each passing storm were computed by fitting the
historic cyclone data to a Weibull distribution for both the 25 and 50 nm datasets. The
resulting wind speed versus return period relationships produce a range from which to
describe the likelihood of recurrence for a given wind event. For example, from Figure
4, a 74-mph Category 1 hurricane wind represents a 25-year event (when viewed only in
the context of storms passing within 25 nautical miles) or could represent a 10-year event
(when viewed in the context of storms passing within 50 nautical miles).
The overall small number of storms relative to the length of the record combined
with a lack of high-frequency storm data results in increased uncertainty for predictions
of the highest frequency events (e.g. less than 10-years). This is particularly true of the
25-nm dataset. For this reason, available short-term hindcast data were used to derive
appropriate return periods for the two high-frequency storms -- 28 and 40 mph wind
events. Inspection of the 19-year WIS wind record indicates that winds exceeding 28
mph occurred in about 1,635 hourly measurements comprising at least 26 separate storm
events. This would suggest that a strong wind on the Beaufort scale (28 mph) is at least
an annual occurrence. Over the same period, the data indicate that there were 5 storm
events which were stronger than a Beaufort gale force wind (40 mph), suggesting that the
gale condition is about a 4 year occurrence, on average.
Wind Speeds Selected for Analysis
The present study examined waves generated by 5 design wind conditions,
indicated in Figure 4 and listed in Table 4. Estimated return periods are presented as a
range of values, which are based on the results of the aforementioned extremal wind
analyses for both the 25 and 50-nm storm records (see Figure 4).
11
olsen associates, inc.
The probability that a given storm will occur over a 50-year period of interest is
also given in Table 4. For example, over a 50-year period, the likelihood that a category
1 hurricane6 (74 mph winds) will impact the project site is predicted to be between 87 and
99 percent. The data suggest that a gale force wind7 (40 mph) has a 99.6 percent chance
of occurrence (or better) over a 50-year period.
The storm conditions evaluated represent two high-frequency and three low-
frequency storm events: a strong breeze (28 mph, IO-minute averaged), a gale (40 mph,
IO-minute averaged), and Category 1 (74 mph, I-minute averaged) 2 (96 mph, I-minute
averaged) and 3 (111 mph, I-minute averaged) hurricanes. It is recognized that the
hurricane level storm events exceed the client's preliminary design expectations for the
marina infrastructure (Wade-Trim and Delta Seven, Fowler-White, 2003); nevertheless, it
is important to consider severe events for planning purposes and risk estimation. For
comparison, current building codes for Pinellas County require consideration of 123 mph
winds (3-second gust) in determining wind loads on habitable structures located in the
immediate vicinity of the proposed marina (Florida Building Code s. 1606.6).
6 Using the Saffir-Simpson hurricane scale
7 Using the Beaufort wind scale
12
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4 5 6 7 8 9 20
10
Return Period (years)
Figure 4 - Continuous wind speed versus return period. Hurricane force winds are
defined using a I-minute averaged wind speed from the Saffir-Simpson
classification scale. Gale force and strong breeze conditions are based on the
Beaufort wind scale for ship observations, which are assumed to approximate
IO-minute average winds.
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13
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Table 4 - Return period of design wind conditions.
Storm Winds Return Period (years) Chance of Occurrence
(mph) over 50-years (percent)
Stronq Breeze 28 1 100
Gale 40 4 100
Storms Passing Within Storms Passing Within
50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 99 87
CAT 2 96 25 50 87 64
CAT 3 111 50 100 64 39
Storm Surge Data
Storm surge elevation data for Pinellas County, as a function of return period,
were available from several sources. These include FEMA (2005) estimates for Pinellas
County and storm tides predicted by Dean et al. (1995) and Ho and Tracey (1975) are
made at points along the Gulf of Mexico shoreline. Table 5 lists the available estimates
of the 10, 50, 100, and 500 year storm surge elevations. Published surge elevations have
been adjusted to a common vertical datum (NA VD88).
The FEMA (2005) estimates of storm surge are the most recent predictions and
represent conditions near the site, within Clearwater Harbor. As such, the FEMA
estimates of storm surge were used as input to the wave hindcast computations. For the
100-year storm surge, FEMA reports estimates which includes additional wave setup in
order to acknowledge wave reformation across the harbor in the event that the barrier
island is overtopped as well as estimates without additional wave setup.
Figure 5 plots the available estimates of storm surge as a function of recurrence
interval. Applicable increases in local water level attributable to astronomical tides are
included in the final wave hindcast computations. In this analysis, high-frequency storm
events which were not accompanied by storm surge were assumed to occur at high tide,
14
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which is about 0.6 feet above NA VD, on average. Storm events which consider the
effect of storm surge include astronomical tide in the predicted surge elevations.
Table 5 -10,50,100, and 500 year recurrence of storm surge. Includes effects of wave
setup, astronomical tide, barometric pressure, and wind stress.
Storm Surqe Elevation (ft, NAVD)
FEMA Ho and
Return Period (years) (2005) Dean et al. (1995) Tracey
(1975)
10 4.7 3.4 4.8
50 8.0 9.0 10.8
100 10.5 10.6 13.6
500 12.5 13.8 17.9
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Figure 5 - Storm surge versus return interval.
15
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Wind Fetch
Figure 6a illustrates the study area based upon a nautical chart of the proposed
marina site and surrounding waterways. Soundings are reported in feet and referenced to
mean lower low water (MLL W). Five potentially limiting fetch directions have been
overlaid on the chart, and the distance of each fetch is noted. Fetch is defined as the
distance over which a presumed, relatively constant wind can blow over water from a
given direction. The wave height generated by a constant wind blowing for a sufficient
duration is proportional to fetch distance and potentially limited by local water depths.
The bathymetry and land masses which bound Clearwater Harbor suggest that the
greatest fetch distances are oriented towards the north and south-southwest. These
fetches are 5.8 and 3.8 statute miles in length, respectively. In total, the following five
fetch directions are considered in this analysis:
. Fetch A N-5.8 mi;
. Fetch B NNW-2.8 mi;
. Fetch C WNW-1.5 mi;
. Fetch D SW-2.4 mi; and
. Fetch E SSW-3.8mi.
Average depths across each fetch were estimated by inspection from the nautical chart
shown in Figure 6a.
There are multiple emergent shoals, natural and man-made, within Clearwater
Harbor indicated on the nautical chart. The aforementioned fetch angles, while narrow,
do not intersect these shoal features. According to the Shore Protection Manual no
adjustment is required when hindcasting waves along narrow fetch lengths (USACE
1984, P 3-51).
Other Wave Sources
In addition to wind generated waves, the present study considered the possibility
that waves passing through Clearwater Pass could impact the proposed marina (see
Figure 6b). The marina site is almost one mile from a fixed bridge at the east boundary
16
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of Clearwater Pass. Based on the theory describing the diffraction of waves through an
inlet, the marina site is too far from the opening to be at risk for typical ocean swells
(USACE, 1984). Further, the bathymetry becomes sufficiently complex inside the harbor
that any wave would be expected to potentially lose energy through breaking.
The Pierce 100 condominium is located immediately adjacent to the south side of
the proposed marina site. The footprint of the building extends into Clearwater Bay and
is visible in Figure 6b. A photograph of the condominium property is shown in Figure
6c. The property is surrounded by a vertical concrete seawall, which could potentially
reflect waves into the marina basin. Ordinary boat wake reflected off the seawall into the
marina could prove to be an operational nuisance for boats berthed within the southern
portion of the marina. Construction of a rip-rap or rock revetment structure along the
western face of the protruding seawall is highly recommended for the purposes of
absorbing wave energy impacting the seawall and reducing any reflected wave height.
Moreover, a spur (or a seaward extension of the revetment) or some other type of wave
baffle structure at this general location should be considered. As drawn, the conceptual
layout for the preferred marina plan exhibits a sizeable entry point to the interior basin
from wave energy originating from the southerly quadrant. During the next phase of
work, this design issue should be addressed along with the probability of wave reflection
from the Pierce 100 condominium seawall. Since the City controls the submerged
bottom lands seaward of the condominium parcel, a structural solution at this location
should be permittable. In this regard, armoring of the seawall would be mutually
beneficial to both the City and the condominium association in that it would afford
substantial protection to the private property during extreme storm events.
Similarly, during extreme storm events it will be highly desirable to absorb
incident wave energy along the entirety of the City owned seawall which extends across
the landward side of the proposed marina site. Without same, there will be some level of
storm where problematic seawall reflected wave energy and associated standing waves
will occur within the marina. Such conditions can serve to accelerate the destruction of
floating (and fixed) dockage within the basin. Revetting of the seawall is therefore a
17
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highly recommended action. Note - as with the Pierce 100 condominium seawall, a
properly designed rock revetment can serve to reduce future damage to the seawall and
adjacent infrastructure during extreme storm events.
18
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Figure 6b - Theoretical wave train entering Clearwater Harbor.
20
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Figure 6c - Proposed marina basin on 12/15/2005, facing south. The Pierce 100
condominium property is visible behind the causeway bridge.
Probability of Wave and Wind Direction
The estimated probability of occurrence for a given wind speed is presented
herein without respect to direction. It is recognized that the probability of winds
occurring from a particular direction is, in reality, less than the likelihood of occurrence
from any direction. Historically, winds associated with tropical cyclones of various
magnitudes have impacted (and will continue to impact) the study area from multiple
directions (see Figures 7a and 7b), and the present study cannot conservatively
recommend adjusting the recurrence intervals based on direction or storm track angle.
The proposed marina is most vulnerable to waves originating from north and
south-southwest winds, or fetch A and E, respectively. Scenarios involving tropical
21
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storm passage which could theoretically produce these wind patterns include but are not
limited to: (1) a cyclonic storm traveling shore-parallel (south winds), and (2) a cyclonic
storm moving over land, east of the site (north winds).
Tropical Cyclones of the Americas (Atlantic events, 1851-2003)
8N
34N
32N
30N
28N
26N
24N
22N
20N
18N
16N
14N
12N
10N
6N
-84E -82E -80E -78E -76E -74E -72E -70E -68E -66E -64E -62E -60E
22
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Figure 7a - Historic Atlantic cyclone tracks 1851 to 2003 demonstrate the historical
precedent for strikes from multiple directions.
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does not include all storms referenced in Tables 2 and 3.
23
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Wave Hindcast Methodology
For each of the five fetches considered, the predicted wave height and period
generated by a given wind and surge condition was computed using the methodology
identified in the Shore Protection Manual for shallow-water conditions (USACE, 1984).
For computational purposes, one-minute averaged wind speeds used to define
hurricane conditions were converted into IO-minute averaged wind speeds using the
methodology described in the Shore Protection Manual (USACE 1984) and the Coastal
Engineering Manual (Resio et al. 2002). This method results in a reduction in wind
speed of approximately 15.6 percent from I-minute to IO-minute averaged winds.
Storm conditions defined on the Beaufort wind scale (strong breeze and gale
winds) are historically associated with marine (shipboard) observations which, when
professionally measured, should approximate IO-minute average winds; thus, no
adjustment for averaging period was made for computational purposes.
Applicable storm surge heights were added to average depths typifying each
fetch. They were selected based on the data shown in Figure 5, where the return period
corresponds to that of the wind speed being considered. The still water level for events
where storm surge was not considered was assumed to be equal to mean high tide, or
about 0.6 feet above NA YD. No storm surge was added to the annually occurring strong
breeze (28mph) event. For the gale force event (40 mph), 0.5 feet of additional storm
tide was added to the mean high tide elevation, 1.1 feet above NA VD total.
24
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Results
The data suggest that the proposed site is effectively fetch-limited, meaning wave
growth is limited by the fetch distance not the duration of the wind. The sea conditions
listed in the table are theoretically generated from a constant wind lasting less than one-
half hour, in most cases. As previously discussed, the largest waves capable of impacting
the site can originate from a north or south-southwest wind, however significant seas may
also be generated during a southwest wind of similar intensity. Wave heights indicated
by this analysis are not large enough to theoretically break given the average depths along
each fetch; however, sudden changes in bathymetry could affect local wave growth
patterns.
Table 6 presents hindcast wave estimates for each fetch direction without the
addition of storm surge and includes the minimum wind duration required to raise the
predicted hindcast wave. Wind events not sustained for the minimum duration would
produce lower wave heights which were duration limited. This simulation reflects
conditions present in the event that storm passage occurred at high tide but did not
produce elevated water levels or there was a drawdown experienced within the harbor.
Due to the deeper still water levels south of the marina site, the largest predicted waves
under a no surge condition are from the south-southwest fetch. It is highly unlikely,
however, that a storm of hurricane strength would impact the area and not produce at
least some level of storm surge. Predicted wave conditions generated by south-southwest
winds ofvarying intensity are as follows:
. Strong Breeze (28 mph): Sig. wave height = 1.6 ft, Period = 2.5 seconds
(The north fetch is capable of producing similar results for this wind condition.)
. Gale (40 mph): Sig. wave height = 2.3 feet, Period = 2.9 seconds.
. Cat 1 hurricane (74mph): Sig. wave height = 3.3 feet, Period = 3.4 seconds.
. Cat 2 hurricane (96mph): Sig. wave height = 4.1 feet, Period = 3.7 seconds.
. Cat 3 hurricane (lllmph): Sig. wave height = 4.5 feet, Period = 4.0 seconds
Table 7 presents the results of the hindcast computations for each fetch direction
including the effects of storm surge. Results are given as a range of wave heights which
25
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correspond to the variation in recurrence interval of wind as defined by the historic storm
record within a 25 and 50 nm radius about the site. In most cases, the resulting hindcast
wave heights vary by less than 0.5 feet.
For a given wind speed, hindcast wave heights based on historical wind data
within a 25 nm radius are larger than those derived from the data observed out to 50 nrn.
Historical wind data suggest that a specific wind event is more likely to reoccur within 50
nm of the site than within 25 nm (see Figure 4). Accordingly, lower-frequency storms
(i.e. those from 25 nm data) correspond to events associated with higher storm surge
elevations, which yield larger wave height predictions. Wave periods for each
computation were nearly identical and have been combined for simplicity. The highest
wave conditions generated by winds of varying intensity and occurring within 25 nm of
the site are predicted as follows:
.
Strong Breeze (28 mph):
Gale (40 mph):
Gale (40 mph):
Cat 1 hurricane (74mph):
Cat 2 hurricane (96mph):
Cat 3 hurricane (111mph):
Sig. wave height = 1.6 ft,
Sig. wave height = 2.2 ft,
Sig. wave height = 2.3 ft,
Sig. wave height = 4.2 ft,
Sig. wave height = 5.6 ft,
Sig. wave height = 6.9 ft,
Period = 2.6 seconds. (north wind)
Period = 3.1 seconds. (north wind)
Period = 2.9 seconds. (SSW wind)
Period = 3.9 seconds. (north wind)
Period = 4.3 seconds. (north wind)
Period = 4.7 seconds. (north wind)
.
.
.
.
.
The following recurrence intervals correspond with the aforementioned storm events.
Estimates are based on wind speeds associated with storms passing within 25 nm of the
site between 1851 and 2005, as reported by NOAA Coastal Services Center:
. I-year: strong breeze (28 mph)
. 4-years: gale (40 mph)
. 25-years: Category 1 hurricane (74 mph)
. 50-years: Category 2 hurricane (96 mph)
. 100-years: Category 3 hurricane (111 mph)
26
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Table 6 - Wave hindcast for each fetch, does not include storm surge. Assumes passage
at mean high tide.
Fetch A Length 5.76 miles
Avg. Depth 5.5 ft, NA VD Hindcast Prediction
Winds Return Period MHW Tide Total Depth Wave Wave Duration
Storm (ft above NAVD) Period
(mph) (years) NO SURGE (ft, NAVD) Height (ft) (see) (min)
Stranq Breeze 28 1 0.6 6.2 1.6 2.6 45
Gale 40 4 0.6 6.2 2.1 3.0 35
50 nmi 25 nmi
CAT 1 74 10 25 0.6 6.2 2.9 2.6 25
CAT 2 96 25 50 0.6 6.2 3.4 3.9 20
CAT 3 111 50 100 0.6 6.2 3.7 4.2 18
Fetch B Length 2.4 miles
Avq. Depth 5.8 ft, NA VD
Strang Breeze 28 1 0.6 6.4 1.3 2.2 28
Gale 40 4 0.6 6.4 1.8 2.5 22
50 nmi 25 nmi
CAT 1 74 10 25 0.6 6.4 2.7 3.0 16
CAT 2 96 25 50 0.6 6.4 3.3 3.3 13
CAT 3 111 50 100 0.6 6.4 3.7 3.5 12
Fetch C Length 1.5 miles
Avg. Depth 4.3 ft, NA VD
Strang Breeze 28 1 0.6 4.9 1.1 1.9 20
Gale 40 4 0.6 4.9 1.5 2.2 16
50 nmi 25 nmi
CAT 1 74 10 25 0.6 4.9 2.2 2.6 11
CAT 2 96 25 50 0.6 4.9 2.7 2.8 9
CAT 3 111 50 100 0.6 4.9 3.0 3.0 8
Fetch D Length 2.37 miles
Avg. Depth 7.8 ft, NAVD
Stranq Breeze 28 1 0.6 8.4 1.4 2.2 29
Gale 40 4 0.6 8.4 2.0 2.5 23
50 nmi 25 nmi
CAT 1 74 10 25 0.6 8.4 3.1 3.0 17
CAT 2 96 25 50 0.6 8.4 3.8 3.3 14
CAT 3 111 50 100 0.6 8.4 4.3 3.5 12
Fetch E Length 3.79 miles
Avg. Depth 7.8 ft, NAVD
Strang Breeze 28 1 0.6 8.4 1.6 2.5 39
Gale 40 4 0.6 8.4 2.3 2.9 30
50 nmi 25 nmi
CAT 1 74 10 25 0.6 8.4 3.3 3.4 22
CAT 2 96 25 50 0.6 8.4 4.1 3.7 18
CAT 3 111 50 100 0.6 8.4 4.5 4.0 16
27
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Table 7 - Wave hindcast for each fetch, includes applicable storm surge. Assumes
passage at mean high tide.
Fetch A Lenath 5.76 miles I
AVa. Depth 5.5 ft NAVD Hindcast Prediction
Winds Estimated Return Storm Surge Total Depth Significant Wave Wave Duration
Storm Period
(mph) Period (years) (ft above NAVD) (ft, NA VD) Height (ft) (see) (min)
Strana Breeze 28 1 0.6 6.2 1.6 2.6 45
Gale 40 4 1.1 6.7 2.2 3.1 35
50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 4.7 6.0 10.3 11.5 3.9 4.2 3.9 30
CAT 2 96 25 50 6.0 8.0 11.5 13.6 5.1 5.6 4.3 25
CAT 3 111 50 100 8.0 10.5 13.6 16.0 6.3 6.9 4.7 24
Fetch B Lenath 2.4 miles
Ava. Depth 5.8 ft, NAVD I
Strana Breeze 28 1 0.6 6.4 1.3 2.2 28
Gale 40 4 1.1 6.9 1.9 2.5 22
50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 4.7 6.0 10.5 11.8 3.3 3.5 3.1 18
CAT 2 96 25 50 6.0 8.0 11.8 13.8 4.4 4.7 3.5 15
CAT 3 111 50 100 8.0 10.5 13.8 16.3 5.4 5.7 3.7 14
Fetch C Lenath 1.5 miles I
AVa. Depth 4.3 ft, NAVD
Strana Breeze 28 1 0.6 4.9 1.1 1.9 20
Gale 40 4 1.1 5.4 1.5 2.2 16
50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 4.7 6.0 9.0 10.3 2.8 2.9 2.7 13
CAT 2 96 25 50 6.0 8.0 10.3 12.3 3.7 3.9 3.0 11
CAT 3 111 50 100 8.0 10.5 12.3 14.8 4.6 4.8 3.2 10
Fetch D Lenath 2.37 miles
AVa. Depth 7.8 ft, NAVD
Strana Breeze 28 1 0.6 8.4 1.4 2.2 29
Gale 40 4 1.1 8.9 2.0 2.5 23
50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 4.7 6.0 12.5 13.8 3.5 3.6 3.1 18
CAT 2 96 25 50 6.0 8.0 13.8 15.8 4.7 4.9 3.5 15
CAT 3 111 50 100 8.0 10.5 15.8 18.3 5.6 5.9 3.7 14
Fetch E Length 3.79 miles
AVa. Depth 7.8 ft, NAVD
Strana Breeze 28 1 0.6 8.4 1.6 2.5 39
Gale 40 4 1.1 8.9 2.3 2.9 31
50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi 50 nmi 25 nmi
CAT 1 74 10 25 4.7 6.0 12.5 13.8 4.0 4.2 3.5 24
CAT 2 96 25 50 6.0 8.0 13.8 15.8 5.3 5.6 4.0 21
CAT 3 111 50 100 8.0 10.5 15.8 18.3 6.3 6.7 4.2 19
28
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Summary
Tables 6 and 7 present predicted wave heights and periods associated with given
wind events ranging in intensity from a strong breeze (28 mph) to category 3 hurricane
(111 mph). The estimate of frequency of occurrence for each wind event is based upon
the 154-year historical record of storms passing within 25- and 50-nm of the project site.
The historical record of wind speeds passing within 25-nm of the site represents the
maximum estimated return period of tropical winds; while the storm record within 50-nm
represents a more conservative estimated occurrence of tropical winds at the site.
The highest waves are predicted to originate from winds blowing along fetch
lengths oriented towards the north and south-southwest. In general, storm winds
occurring along these fetch lengths require a minimum duration of less than 30 minutes to
raise the predicted waves. Maximum wave heights vary from 1.6 feet to about 6.9 feet,
depending on the intensity of the given wind event. Corresponding wave periods vary
between 2.6 and 4.7 seconds.
In addition to the possibility of waves directly affecting the project site, the
vertical concrete seawall at the Pierce 100 condominium could potentially reflect wave
energy into the marina basin. The potential for wave reflection into the boat basin exists
for not only storm waves but ordinary boat wake as well. Armoring of the seawall with a
rip-rap or rock revetment structure would reduce the likelihood of wave reflection and be
mutually beneficial to both the City and condominium association.
Similarly, the vertical concrete wall which spans the landward site of the marina
basin could potentially reflect wave energy transmitted into the basin during major storm
events. This reflection could hasten the destruction of floating and fixed dockage within
the marina. Construction of a revetment structure along the seawall is highly
recommended. Such a structure would not only absorb wave energy but also serve to
protect the seawall and upland infrastructure during storm events.
29
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References
Dean, R.G, Chiu, T.Y., and Wang, S.Y. (1995) "Combined Total Storm Tide Frequency
Analysis for Pinellas County, Florida." Sponsored by Bureau of Beaches and
Coastal Systems. Division of Environmental Protection. Submitted to Beaches
and Shores Resource Center Institute of Science and Public Affairs. Florida State
University. March 1995, Addendum added November 2000.
FEMA (2005). "Flood Insurance Study. Pinellas County, Florida and incorporated
Areas." Federal Emergency Management Agency. Revised May 17, 2005.
Ho, Francis P. and Tracey, Robert 1. (1975). "Storm Tide Frequency Analysis for the
Gulf Coast of Florida From Cape San BIas to St. Petersburg Beach." NOAA
technical memorandum NWS HYDRO-20. Office of Hydrology Silver Spring,
Md. April 197 5.
Resio, D., Bratos, S., and Thompson, E. 2002. Meteorology and Wave Climate. In:
Vincent, L., and Demirbilek, Z. (editors), Coastal Engineering Manual, Part II,
Hydrodynamics, Chapter II-2, Engineer Manual 1110-2-1100, U.S. Army Corps
of Engineers, Washington, DC.
USACE (1984). Shore Protection Manual. Coastal Engineering Research Center
Department of the Army Waterways Experiment Station. Vicksburg, Mississippi.
Wade- Trim and Delta Seven Fowler White (2003). "Clearwater Bayfront Marina
Feasibility Study." Prepared for the City of Clearwater, Florida. September 15,
2003.
30
olsen associates, inc.
APPENDIX 3
Sample Dock Construction Plans
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Marina Market
ent
Downtown Boat Slips Feasibility Study
PREPARED FOR:
The City of Clearwater, Florida
PREPARED By:
JUNE 2006
TABLE OF CONTENTS
INTRODUCTION.................................................................................................. 1
Methodology...................................................................................................... 1
MARKET POTENTIAL ......................................................................................... 2
Boating Information........................................................................................... 2
Target Markets.................................................................................................. 2
Primary Market.............................................................................................. 3
Secondary Market.......................................................................................... 3
A Note About Transients................................................................................ 3
Boat Registration Statistics...............................................................................4
Vessel Classifications.................................................................................... 4
Population Statistics.......................................................................................... 6
City of Clearwater.............................................................................................. 7
Percentage of Population with Registered Boats.............................................. 8
Demographic Overview..................................................................................... 9
NMMA Correlation......................................................................................... 9
Existing Marina Facilities................................................................................. 10
Clearwater Facilities.................................................................................... 10
Dunedin Facilities........................................................................................ 10
Sf. Petersburg Facilities............................................................................... 11
Other Facilities............................................................................................. 11
Condominium Trends...................................................................................... 12
Transient Boaters............................................................................................ 13
DEMAN D FORECAST....................................................................................... 14
Demand Projections........................................................................................ 14
Slip Mix............................................................................................................ 15
Anticipated Vessel Types............................................................................ 17
Regional Facility Rate Analysis....................................................................... 19
USER PROFILE................................................................................................. 24
Special Needs Boaters.................................................................................... 28
CONCLUSIONS AND RECOMMENDATIONS .................................................. 33
APPEN DIX ......................................................................................................... 34
INTRODUCTION
Boating, fishing, and water based recreation are favorite pastimes along the west coast
of Florida and the Gulf of Mexico. Vessels of all types can be seen traversing the waters
around Tampa, St. Petersburg, and Clearwater. The City of Clearwater is considering
the development of a municipal boat slip facility to provide an amenity to its citizens and
capitalize on the popularity of boating and the need for water access in the area.
Specifically, the City has identified the development of a municipal boat slip facility in
downtown Clearwater on Clearwater Harbor, immediately adjacent to the Memorial
Causeway (FL 60) bridge. In an effort to assist the The City of Clearwater with the
feasibility of developing boat slips on this parcel, ATM completed a Marina Market
Assessment to characterize and quantify potential boat slip elements.
This effort was conducted from May-June 2006 and included primary research of
existing marina facilities and boating trends in and around Clearwater, review of existing
boat registration statistics and demographics for the region, and interviews of boaters
and marine industry personnel. The goal of this effort was to determine appropriate
facility size, slip mix, structure, appropriate slip rates, and required/suggested amenities
in order to ultimately ensure boat slip facility viability from a functional and economic
standpoint. The potential boat slip customer base was defined, data was analyzed and
current and potential future demand for boat slip facilities in the area was estimated.
Methodology
For this market assessment effort, A TM collected background information from various
sources in order to forecast slip absorption and capacity, evaluate the user profiles of the
prospective slip takers, and assess the requirements for services and amenities
recommended for the proposed facility. This effort included reviewing information
provided by the client, relevant existing studies on area boating trends, and various area
information sources. These included:
y Florida Department of Hiqhway Safety and Motor Vehicles (DHSMV) - boat
registration statistics
y US Census Bureau - population and demographic data
y City of Clearwater - information on existing municipal marina and other project
background
y National Marine Manufacturers Association (NMMA) - boating and demographic
information
y Bureau of Economic and Business Research (BEBR), University of Florida -
population projections
y Florida Leqislature's Office of Economic & Demoqraphic Research, Demoqraphic
Estimatinq Conference Database (updated July 2005) - population projections
y Power & Motoryacht Magazine
y Boatinq Access Task Force Report, 2005 - Pinellas County boating information
Further, A TM visited numerous marina facilities in the greater Clearwater area and
collected basic information including: dock types and styles, number of slips, slip
lengths, vessel types moored at the marina, controlling water depths, occupancy rates,
slip rates, and services/amenities offered, as well as location and contact information.
1
During these visits, A TM also interviewed marina personnel and operators, boaters, and
service yard owners to obtain anecdotal information related to boater and marina trends,
cruising patterns, required/desired boater services, and potential demand for new boat
slips in the Clearwater area.
MARKET POTENTIAL
A summary of ATM's efforts to analyze the boat slip market potential in Clearwater,
Florida, including analysis of boating statistics and population trends as well as the
identification of target markets, is provided in this section.
Boating Information
From 2001 to 2005, the population in Florida grew from 16,350,565 to 17,789,864, a
growth rate of 8.8% (US Census Bureau). In that same period, the number of all
registered pleasure vessels in Florida increased from 943,611 to 1,010,368, a change of
7.1 % (DHSMV). The growth of the overall population and the number of registered
boats in Florida are favorable signs for boat slip development.
Figure 1: Vessel Registration, State of Florida, 2001.2005
1; 1,020,000
o
!Xl 1,010,000
'tJ
e 1,000,000
.s
.~ 990,000
~ 980,000
a::
.... 970,000
o
~ 960,000
~ 950,000
:::s
<= 940,000
2000
2001
2002
2003
Year
2004
2005
2006
Source: FLOMVHS
Target Markets
While the total number of registered vessels has steadily increased in the State of
Florida, not all boaters residing in Florida will have need for boat slips at the project site.
Based on this, our findings from field reconnaissance in the project region and specific
input from City officials have defined anticipated primary and secondary markets for slips
at the proposed boat slip facility.
2
Primary Market
Due to its proximity to the Gulf of Mexico, the Gulf Intracoastal Waterway, and numerous
bays, creeks and lagoons, Clearwater, Florida provides a wide variety of water-based
recreation opportunities. Boating, sailing, and salt-water fishing are popular pastimes in
this area. Residents are drawn to the water to pursue a variety of inshore and offshore
game fish as well as to cruise the waterways for relaxation. Since the proposed boat slip
facility would be a City of Clearwater development project, City officials have indicated
that they would like the boat slips to provide dockage for City residents first and
foremost.
Secondary Market
In addition to Clearwater residents, it is anticipated that other boaters from the project
region will also have demand for boat slip facilities/storage at the project site. These
boaters may include:
. Pinellas County Boaters residing outside Clearwater
. Hillsborough County Boaters
. Pasco County Boaters
. Polk County Boaters
These market components were defined after A TM's visit to the project region and
based on observed marina occupancy and anecdotal information from area boaters,
boat dealers, and marina operators.
A Note About Transients
As the proposed boat slip facility is located immediately adjacent to the Gulf Intracoastal
Waterway, it is likely that there will be some demand for slip space from transient
boaters. This may take the form of day docking space for boaters to moor and venture
into downtown Clearwater or more traditional overnight docking. The potential demand
for slip space by transient boaters is examined further in a subsequent section of this
report.
3
Boat Registration Statistics
As mentioned previously, boat registration records for the State of Florida are collected
and maintained by the DHSMV. The following is a brief analysis of this data as it
pertains to the proposed project.
Vessel Classifications
Boat registration size categories as maintained by the DHSMV are as follows:
y Canoes
y Class A-1 - Under 12 ft.
y Class A-2 -12 ft. to 15 ft. 11 in.
y Class 1 - 16 ft. to 25 ft. 11 in.
y Class 2 - 26 ft. to 39 ft. 11 in.
y Class 3 - 40 ft. to 64 ft. 11 in.
y Class 4 - 65 ft. to 109 ft. 11 in.
y Class 5 - 110ft. and over
Data for each class is further broken down into pleasure craft and commercial vessels
for each county in the state.
Canoes and vessels less than 16 ft. are trailerable vessels that typically do not require
wetslip storage. Vessels from 16 ft. up to 26 ft. are also generally trailerable, but some
may require wetslip storage. Boats in the 26-ft. up to 40-ft. range are prime candidates
for wet or dry boat storage. Those boats over 45 ft. generally require wetslip mooring,
with special considerations for larger vessels. A TM anticipates that Class 2-5 vessels
will have the greatest demand for wetslip storage at the project site. Subsequent
analyses will focus on these vessel classes.
Though the City would like to better understand the potential for charters, excursion
boats, and other commercial vessels at the proposed site, City officials have indicated a
general feeling that the proposed downtown boat slip facility would be better suited as a
recreational facility, as opposed to the existing Clearwater Municipal Marina which is
home to numerous excursion, tour, charter, and other vessels. To this end, we will focus
on analysis of the anticipated slip demand from pleasure craft in this section. The
potential for commercial operations at this boat slip facility site will be discussed in a
separate section of this report.
The following tables present the total amount of registered boats and percent change in
each vessel class (2-5) for the State of Florida, and for Pinellas, Hillsborough, Pasco,
and Polk Counties for the years 2001 and 2005.
Table 1: Vessel Re istration, State of Florida
20,58%
17,03%
34,54%
70,00%
20,18%
4
Clearly, all classes of pleasure craft shown above are growing rapidly. In fact, this
growth is outpacing the population increase in the state, which was 8.8% from 2001 to
2005. The number of mid- to large-size vessels (Classes 2-5) is increasing substantially
in terms of percentage, but these vessels still comprise a relatively low portion of all
pleasure craft, 16% for these vessel size categories.
In Pinellas County boat registrations (Classes 2-5) have increased from 2001-2005,
though below statewide averages. The strongest growth in terms of percentages has
been in Classes 4 and 5, however the total increase in vessels in these classes has
been relatively small in terms of number of boats (8 vessels).
14,92%
15,20%
24,00%
200,00%
15,03%
Boat registration data and trends for the other three Secondary Market Counties and the
combined totals for all four counties are presented below:
30,07%
39.48%
60,00%
-25,00%
31,57%
34.44 %
48.48%
400,00%
0,00%
35,78%
32,84%
81,91%
20,00%
0,00%
39,91 %
5
Comparing the four counties, total pleasure craft registration in Pinellas County is by far
the highest, accounting for 55% of the four-county total. However, the growth rates are
higher in each of the other three counties overall, and in nearly all individual vessel
classes.
Combined totals for the above-mentioned counties are presented in the below table.
Table 6: Vessel Registration for Hillsborough, Pasco, Pinellas,
and Polk Counties
21 ,79%
28.23%
45,10%
16,67%
22,75%
Figure 2: Vessel Registration, Class 2-5, 2001 vs. 2005
10,000
8,000
6,000
4,000
2,000
o
Pinellas
Hillsborough
Pasco
Polk
This strong growth appears favorable for the development of a new municipal boat slip
facility in Clearwater. There has been an increase of 2,476 registered vessels in
Hillsborough, Pasco, Pinellas, and Polk Counties between 2001 and 2005, nearly 1,000
of which are in Pinellas County.
Population Statistics
From 2001 to 2005, the population of Florida grew from 16,350,565 to 17,789,864, a
growth rate of approximately 8.8%.
6
Figure 3: Population, State of Florida, 2001-2005
19,000,000
18,500,000
18,000,000
17,500,000
17,000,000
16,500,000
16,000,000
15,500,000
15,000,000
2001
2002
2003
2004
2005
In the secondary market, Pinellas County, Hillsborough, Pasco, and Polk Counties, the
population increased from 2,800,998 to 3,032,161, or 8.3% (US Census Bureau).
Figure 4: Population: Pinellas, Hillsborough, Pasco, and Polk Counties, 2001-2005
3,100,000
3,050,000
3,000,000
2,950,000
2,900,000
2,850,000
2,800,000
2,750,000
2,700,000
2001
2002
2003
2004
2005
City of Clearwater
From 2000 to 2005, the population in the City of Clearwater increased from 108,787 to
110,831, for a growth of 1.9% (US Census Bureau, City of Clearwater). This is a much
lower rate than for the State of Florida (8.8%), yet city growth outpaced the growth rate
for the remainder of Pinellas County, which was only 0.3%.
Though population growth was somewhat slow in Clearwater in Pinellas County, positive
growth is a good indicator for the need for public water access. Coupled with the
population growth in the surrounding counties and strong growth of boat registrations in
the area the need for additional boat slips in the area is evident.
7
Percentage of Population with Registered Boats
Comparing the number of registered boats against the population for a given area is a
telling indicator of the popularity of boating in a given area and may be used to help
estimate future boat registration levels and slip demand.
In 2001the percentage of registered pleasure boats (Class 2-5) vs. the population for
Hillsborough, Pasco, Pinellas, and Polk Counties was as follows. Such information for
the State of Florida is also presented.
359,313
967
0.27%
923,570
6,369
0,69%
491,966
639
0,13%
16,350,565
76,662
0.47%
The percentages for 2005 are have increased and are presented below:
429,065
1,313
0,31%
928,032
7,326
0,79%
542,912
894
0,16%
17,789,864
92,133
0,52%
Pinellas County clearly boasts a higher percentage than the other counties indicated and
the State of Florida. This is indicative of the popularity of boating in the area and the
presence of larger vessels (over 26-ft.) which may require wetslip mooring. The across-
the-board increase of the percentage of boat owners among the population in the project
region is a clear indicator of the popularity and growth of boating recreation in the project
area.
8
Demographic Overview
There are several demographic indicators that often correlate to boat ownership and the
need for boat storage. These include median household income, age, level of
education, and home ownership.
Median household income is a barometer of comparative disposable income that may be
spent on boat use/purchase/storage. The percentage of the population over the age of
65 may be indicative of second-home owners/retirees with higher net worth and thus
more disposable income. The percentage of population holding a Bachelor's degree or
higher is an indicator of potential earning power. Home ownership demonstrates higher
net worth and corresponds with other wealth indicators. The following table identifies
these demographic data for the City of Clearwater, the four counties in the secondary
market, and the State of Florida.
Table 9: Demographic Data for Clearwater, Pinellas, Hillsborough, Pasco, and Polk
Counties and the State of Florida US Census Bureau
$36,494 21,5% 23,9% 62,1%
$37,111 22,5% 22,9% 70,8%
$40,663 12,0% 25,1% 64,1%
$32,969 26,8% 13,1% 82.4%
$36,036 18,3% 14,9% 73.4%
$38,819 17,6% 22,3% 70,1%
NMMA Correlation
The National Marine Manufacturers Association (NMMA) publishes statistics about boat
owners that can lend additional insight as to the fertility of the markets for the proposed
boat slip facility in Clearwater.
The NMMA indicates that the median household income for all boat owners is between
$50,000 and $74,000. New boat owners average from $75,000 to $99,000. This is
clearly higher than the average presented above for all areas, but indicates that higher
median household incomes will likely produce more new boat purchasers.
The median age for boat owners is 48-49. This is also the median age for new boat
owners, whereas pre-owned boat owners average 46-47 years of age. This suggests
that with age comes greater disposable income available to purchase a more expensive
new boat versus a pre-owned boat.
9
The percentage of boat owners who also are college graduates is listed at 46% in
NMMA literature. This figure is 55% for new boat owners and only 42% for those with
pre-owned boats. This indicates the likelihood of additional disposable income available
with higher levels of education and the application of this disposable income to boat
ownership.
Among boat owners, 98% are also homeowners, showing that they are in a stronger
financial position to be able to afford luxury items such as boats.
According to the US Census Bureau, in 2000 Clearwater boasted the highest median
age for US cities with a population of 100,000 or more (41.8 years). This is a positive
indicator for boat ownership despite only 21.5% of the population over the age of 65,
indicating a mature but more active boating market base. While the median household
income and percentage of home ownership are below area averages, level of education
among Clearwater residents is relatively good.
Existing Marina Facilities
In an effort to better understand the existing market for boat slips in the project area
A TM visited several existing marina facilities in and around Clearwater to assess facility
offerings, condition, rates, occupancy, slip sizes, and boat types. When possible, ATM
met with marina facility operators/managers to discuss operational status, occupancy
trends, and the demand for boat slips in the area. Further, information for each facility
was gathered and facility condition was documented via digital photography. A
summary of this information is provided in the Appendix of this report. General
observations of each facility visited/profiled by A TM are presented below.
Clearwater Facilities
ATM visited the Clearwater Municipal Marina, the Island Yacht Club Condo Association,
and the Chart House Suites and Marina in Clearwater. Occupancy rates at each of
these facilities were high (85-100%) and slip lease rates ranged from -$4.50 to $12.25
($/ft./mo.). Slip sizes ranged from 20 to -100 ft., and all facilities utilized fixed timber
piers. Each was in fair to good condition.
Dunedin Facilities
Facilities visited in Dunedin included Pirate's Cove Marina, Marker 1 Marina, and the
Dunedin Municipal Marina. Pirate's Cove Marina is a drystack that is in fair condition
with 100% occupancy. Vessel sizes range from 18-30ft. and rates are -$10/ft./mo.
Marker 1 Marina offers both wetslip mooring and drystack storage. The facility is in good
condition with high occupancy. The wetslip portion of the boat slip has been slated for
refurbishment. Rates range from $10.50-$12.50/ft./mo. Lastly, the Dunedin Municipal
Marina offers 194 fixed timber docks in a quiet, relaxing setting. Occupancy is at 100%
and rates range from $5.00-$7.00/ft./mo. Rates are lower at this facility because,
according to Harbormaster Bill Frantz, "the facility is operated as an amenity to the
community." The facility is clean and in fair/good condition.
10
Sf. Petersburg Facilities
In St. Petersburg, A TM visited The Harbourage Marina, St. Petersburg Municipal, and
Blind Pass Marina. The Harbourage offered floating concrete docks and was in
fair/good condition. The facility was at full occupancy and charged an average of
$12.35/ft./mo. for slip space. Slip sizes ranged from 30 to over 100 ft. The average size
vessel was in the -40-ft. range.
St. Petersburg Municipal offered fixed concrete piers in a protected basin. The facility is
full with a lengthy waiting list. Ron Williams, the Marina Supervisor at this facility,
indicated that by far 40 and 45 foot slips were in the greatest demand. Slip sizes ranged
from 25-100 ft. and slip lease fees ranged from $4.00 to $12.00 ft./mo. depending on
boat size, slip location, and resident status. A large number of the boats at St.
Petersburg Municipal were live-aboards.
Blind Pass Marina is a smaller marina facility in the St. Petersburg area and is typical of
the many older "mom & pop" style marinas in the project region. The facility offers older
fixed timber piers and provides very tight fairways. The marina is at or very near full
occupancy, however, and commands slip rates of $12.50/ft./month.
Other Facilities
Other area marina facilities visited included: Gulfport Municipal Marina, Holiday Inn
Harbourside in Indian Rocks Beach, Largo Intracoastal Marine in Largo, and Madeira
Beach Municipal Marina.
Gulfport Municipal is a nice, well-kept facility in Gulfport, Florida. The marina offers 250
fixed-timber wetslips for vessels ranging from 30-45ft. in length. Occupancy was 90-
100% and mixed between sailboats and powerboats. Rates range from $8.00-
$9.00/ft./month.
Holiday Inn Harbourside is located in Indian Rocks Beach and offers 50 fixed-timber
slips for vessels from 50-75ft. in length. The marina is full with a waitlist. Rates are
$12.25/ft./month. The marina is adjacent to a bustling Holiday Inn resort and provides
docking for mostly powerboats, including 10 charter vessels and rental boats.
Largo Intracoastal Marine is adjacent to Holiday Inn Harbourside in Largo. The facility
offers drystack storage for vessels from 19-36 ft. and boasts extremely courteous staff,
led by Mr. Rolly Singson, the General Manager of the marina. Drystack facilities are in
fair condition and rates range from $9.50 to $14.00 ft./mo. Marine service is also
provided on-site.
Madeira Beach Municipal Marina, under the supervision of Capt. David Marsicano, offers
92 fixed-timber slips from 20-55 ft. in length. The facility is in fair condition, though at
100% occupancy. Rates are low at $7.50/ft./mo. Fuel and upland storage are also
offered. Paulette Cohen, Community Development Director for the City of Madeira
Beach, indicated conceptual plans to full renovate the marina facility and incorporate
drystack storage on-site.
11
Condominium Trends
A TM observed a significant trend in the Clearwater area during our site reconnaissance
for this project/visitation of area marina facilities - numerous beachfront and waterfront
properties in the area were closing and being slated for the development of
condominiums. This included numerous properties that are currently or have historically
been used for marina and/or marine services. While often lucrative for the sellers of
waterfront property, the result is all too often a loss of publicly available boat slips.
Specific examples observed in the Clearwater area are the closure of the Clearwater
Bay Marina, closure of Ross Yacht Sales, and closure of High & Dry Marina.
Condominiums are being developed on each of these sites. Many of the hotels/motels
on and adjacent to Clearwater Beach are also succumbing to this trend.
Another specific example of the loss of public slips to private/condominium development
near Clearwater is the situation at the Landing at Tarpon Springs. During ATM's
telephone interviews with area marina operators, officials at this facility indicated a plan
to sell the marina to the County that was thwarted when developers offered a much
higher amount for the facility than the county.
The County's appraisal of the property was based on historic and potential future use of
this site as a marina facility; the developer's appraisal focused on the highest and best
use of the property. The concept of highest and best use is defined as follows:
The reasonably probable and legal use of vacant land or an improved
property, which is physically possible, appropriately supported, financially
feasible, and that results in the highest value. (From: Appraisal Institute,
The Dictionary of Real Estate Appraisal, 3ed. 1993).
Marinas can be economically viable businesses but often do not compete financially with
other developments such as condominiums. That seems to be the issue in and around
Clearwater. Thus, the need for public boat slips is much more pronounced.
Community leaders in Pinellas County have recognized this trend and developed a task
force to monitor this situation and develop strategies to maintain boating access in the
county. The vision for the Pinellas County Boating Access Task Force is: "To provide
the greatest possible access to Pinellas County waters for both recreational and
commercial boaters, while protecting the integrity of natural resources, and enhancing
the County's reputation as the preeminent boating/diving/fishing center of Florida."
12
The Task Force has documented a loss of 341 wet slips and 960 drystack racks in
Pinellas County from 1996 to 2005. Several potential strategies were also developed by
the Task Force to help preserve boating access in the area. These included:
. Acquisition of existing marinas and/or development rights
. Public-Private Partnerships to facilitate new or improved boat access
. Changes in the County's Future Land Use Map/Plan
. Implementation of a no-net-slip-Ioss policy
. Development of special zoning districts to protect water-dependent
uses/water access
. Tax deferrals for marinas
Clearly this is a critical issue on a County-wide basis. The development of new public
boat slip facilities in Clearwater will likely not stop or reverse the trend of slip loss in the
area but will certainly help to offset losses and provide water access to the citizens of
Clearwater and surrounding areas, enabling the continued enjoyment of the area
waterways for numerous boaters.
Transient Boaters
The proposed project location lies on the Gulf Intracoastal Waterway (GIWW) in
downtown Clearwater. The GIWW extends about 1,300 miles from Carrabelle, Florida
(South of Tallahassee) to Brownsville, Texas. A non-contiguous section of the waterway
connects Tampa Bay with the Okeechobee Waterway. The GIWW begins at Mile Zero
at the mouth of the Caloosahatchee River, where the Okeechobee Waterway ends. The
GIWW runs 150 miles north to Anclote Keys through a narrow channel. More
challenging to navigate than its Atlantic counterpart because it has more bends and
angles, the waterway breaks off and becomes discontinuous until Carrabelle, Florida. At
Carrabelle, the GIWW starts back up and continues westward on to Brownsville, Texas.
Due to location on this recognized boating route, the potential for transient boater
demand at the proposed facility is good. This may include local boaters stopping for an
evening or boaters hopping from port to port on the GIWW. Proximity to restaurants and
shopping in downtown Clearwater will be a major factor in realized transient traffic.
The typical (non-local) transient boater will be traveling in a larger vessel, either sailor
power. Bill Franz at the Dunedin Municipal Marina estimated the average transient
vessel visiting his facility was 32 feet or longer. Wes of Tierra Verde Marina considered
40-50 ft. the most common size boat that he sees among long distance transients. Local
transients may utilize vessels of various sizes and types. Also, the potential for transient
megayacht traffic is evident and discussed later in this report.
During interviews with various marina operators and dockmasters, in-state transients
typically hail from Ft. Myers to the south and Crystal River to the north. Out-of-state
transients were from places "all over"- Texas, Louisiana, Michigan, and the Bahamas to
name a few. Area marina managers indicated that winter is the prime season for
transient boaters, December through May (non-hurricane season).
13
DEMAND FORECAST
The population of Clearwater increased by over 10% from 1990 to 2000. Recent
population estimates by the US Census Bureau indicate that the population level is
stabilizing or increasing slightly. The population of Pinellas, Hillsborough, Pasco, and
Polk Counties is growing at a faster pace. Boat registrations in these areas are also
increasing. At the same time the available public slip space for mooring vessels is
decreasing at an alarming rate. Thus, the need for additional public boat slips is evident.
Demand Projections
In an effort to examine the potential demand for wetslips in the project region, population
projection trends developed by BEBR/University of Florida were paired with the
percentage of registered boaters in the area. This analysis yields a projection of
registered vessels for the project area, which includes the secondary market counties
and the City of Clearwater.
3,032,161 3,262,101 3,484,127 3,703,501
0,39%
0.44%
0.44%
0.44%
0.44%
10,883
13,359
14,353
15,330
16,295
994
1,971
2,936
As is shown above, the potential increase in the number of boats registered in the
project area in the coming years is substantial. Further, we believe these projections are
conservative. We have held the percentage of the population with registered boats in
these size classes stationary. As presented previously, this percentage increased from
2001-2005 for the counties identified in the Secondary Market for this project.
This anticipated increase in the number of registered boats bodes well for boat slip
development in the area. Adding to the potential for a new boat slip facility in Clearwater
is the documented loss of public boat slips in Pinellas County. A documented loss of
-1300 wetslips/drystack storage spaces from 1996-2005 was reported by the Pinellas
County Boating Access Task Force. Slips that are lost or converted to private use must
be offset by the development or opening of new public slips to maintain public access to
the water, especially as more residents and boaters are coming to the water in the area.
Based on these trends and the spatial constraints of the proposed project site, the goal
of slip maximization is indicated. The number of slips at the proposed site should be
maximized to provide space for as many vessels as possible. This number was
indicated at 138 slips previously and -129 recently (due to bridge offset considerations).
It is anticipated that the absorption period will be extremely short. Currently, there are
-18 Clearwater residents on the waiting list for slips at the existing Clearwater Municipal
Marina. Twenty-five non-residents and seven commercial vessels are also on this list.
14
Other area marina facilities also boast healthy wait lists for slips. The proposed facility
provides access to adequate parking and immediate access to the GIWW. Provided
adequate amenities are provided and dock construction is of high quality, the proposed
facility will be well positioned to be successful.
Slip Mix
The arrival at an optimum slip size and mix for a boat slip facility at the project site is a
critical element in design and planning. In developing this proposed mix of slips for this
project, ATM analyzed occupancy of numerous area marina facilities to document typical
boat sizes and types as well as boat slip characteristics. Further, interviews with several
area marina operators/managers were conducted to determine trends in slip leasing with
regard to general demand, occupancy, and boat sizes. Also, an overview of boat
registration statistics for Pinellas, Hillsborough, Pasco, and Polk Counties was
conducted to analyze trends with respect to the size of registered vessels. Area boat
dealers were also interviewed to determine trends in boat sales with respect to vessel
type and size.
Boat Registration
The following is the distribution of Registered Pleasure Vessels for Hillsborough, Pasco,
Pinellas, and Polk Counties in 2005 (Classes 2-5).
Table 11: Vessel Size Distribution
11 ,434
1,844
74
7
85,59%
13,80%
0,55%
0,05%
As might be expected, the number of registrations in these size classes is skewed
toward smaller vessels. This is a typical distribution observed in boat registration figures
and is indicative of the relative cost to own and maintain a larger vessel: as vessel cost
increases, there are a proportionally smaller number of potential boat owners who may
afford such a craft.
Note: Vessels in classes A-1, A-2, and 1 (Under 12' to 25'11 ") are not shown, because
the vast majority of these craft will not require wetslip storage. Owners of some vessels
in this class may desire wetslip berthing, but many of these boats are trailerable or better
suited for drystack storage.
Table 11 generally indicates that a large portion of the slips at the proposed downtown
Clearwater boat slip facility should accommodate class 2 vessels. To refine the
proposed slip mix number further, A TM conducted a cursory analysis of the City's
waiting list at the existing municipal marina.
15
City Wait List Analysis
As of April 19, 2006, the City of Clearwater had 19 vessels on a waiting list for a boat slip
at the existing municipal marina. Slip demand from these vessels indicated desired slip
lengths of 23-70 ft. It is noted that the City's waiting list indicates the minimum and
maximum slip length each potential customer is willing to lease. A customer may be
willing to lease a larger slip than required simply to procure slip space. The distribution
of slip size demand per the City's waiting list is presented below:
Table 12: Slip Wait List Distribution
Std. Commercial Slip Number
Size Vessels Percenta e
in feet
Group
Percenta e
This table indicates local demand from Clearwater residents for slips in the 25-50 foot
range, with an emphasis of 30 foot slips and 50 foot slips. Below is the distribution of
slips at the existing municipal marina.
Table13: Slip Distribution at Existin Clearwater City Marina
Slip size Number of Percentage of
ft. Total
The large portion of slips at the existing facility is 46 feet in length, with a significant
portion in the 30-40 foot range. Few wetslips smaller than 30 ft. are provided, which is
not atypical due to the trailerable nature of vessels in this size range. Larger slips are
also fewer, which is consistent with boat registration distribution.
16
Anticipated Vessel Types
Anticipated vessel types, discussed below also factor in to the development of slip mix.
Based on A TM's observation of area marina facilities, boating trends in the area, and
typical boat uses in the Greater Clearwater area, we anticipate that three boat types will
be prevalent in the proposed downtown Clearwater boat slip facility: Cruisers, Sailboats,
and Sportfishing vessels. The following provides general information on each type:
Cruisers
Sailboats
Sportfishers
Anticipated Size (LOA):
30-55-ft.
Anticipated Size (LOA):
30-50ft.
Anticipated Size (LOA):
35-50ft.
17
Cruisers
Cruising vessels are motoryachts used to do what their name implies, cruise the
waterways. Ranging from 20 ft. to over 50 ft. these vessels occupied a notable portion
of area boat slips. ATM also observed the inventory at Galati Yacht Sales in St.
Petersburg. Vessels there ranged from -30 ft. to 52 ft. in length, with a majority in the
30-40 ft. range.
Sportfishers
Sportfishers are luxury offshore fishing boats, typically used to travel long distances to
fishing grounds. While sportfishers can range up to over 80 ft., the calm Gulf waters and
relative proximity of the fishing grounds do not dictate the need for these large sized
vessels. A TM observed sportfishers in the project area from 30 to 55 feet. These boats
generally require wetslip storage due to size/weight.
Sailboats
The Gulf Coast of Florida area offers excellent sailing conditions, and many sailboats
were observed, particularly in the St. Petersburg area. This is likely due to the proximity
of protected sailing waters of Boca Ciega Bay. The Gulf of Mexico also provides
generally calm sailing waters for sailors. Most sailboats observed were in fair condition,
indicative of intermittent use. Sailboat sizes ranged from -20 ft. to over 50 ft., with the
most common sizes in the 30 to 40 ft. range. Wetslip mooring is generally required.
Vessel keels require substantial water depth.
Other vessel types observed in Clearwater included bay boats, flats boats, and center
console/kingfish boats. These are smaller craft, many of which are trailerable or
suitable for drystack storage. Though popular in the area, these vessels will likely not
require wetslip storage. This is primarily to avoid accumulation of bottom/algae/barnacle
growth on vessel hulls and may also have to due with storage costs. Trailering and
drystack storage are most often the preferable alternative for these vessels which may
range from -16-36ft.
Other considerations factoring in to the development of an appropriate slip mix at the site
include:
. Area marina managers such as Mr. Ron Williams at the City of St. Petersburg
indicate that slips in the 40-45 foot range are in the highest demand.
. Yacht dealers in the area indicate an average size cruiser of -35 feet with a
range of 28-52 feet.
. The need for some larger slips (75-ft. and greater) was noted by Mr. Dave
Kimmel, Marina Manager at the Holiday Inn Harbourside.
. Pinellas County boat registration showed the most growth among Classes 4
and 5 vessels (in terms of percentage) from 2001-2005; however, in terms of
overall vessel numbers in the area and total growth among registered vessels,
Classes 2 and 3 (26'-64'11 ") are clearly superior to the upper classes
18
A TM reviewed all available information among several senior in-house marina planning
and design professionals. The proposed slip mix yields a variety of slip sizes that will
meet the needs of the market for wet slip mooring in Clearwater now and in the near
future.
The following is our proposed mix of slip sizes for the downtown boat slip project, based
on the spatial limitation of -129 boat slips:
Table 14: Proposed Slip Mix for Dedicated Boat Slips
In addition to the number and size of dedicated slips indicated above, it is suggested that
the design engineer for the facility look into the feasibility of using the proposed outer
breakwater as side-tie mooring. This would allow for the flexibility to moor vessels of
various sizes, including larger vessels, at the facility.
Finally, it is noted that the above slip mix is intended to provide a general design
guideline for the proposed project and may require slight modification to enable
appropriate boat slip facility design within the physical constraints of the site.
Regional Facility Rate Analysis
In an attempt to understand potential rate structure for the proposed boat slip facility at
Clearwater, A TM researched and compiled available rate information from comparable
facilities in the Clearwater area and throughout Florida. It is expected that the proposed
boat slip facility must be self-sufficient. As such the development of an appropriate rate
structure for the project that is in tune with prevailing market rates in the area and meets
the needs of the City is of great importance.
Many of the local municipal marinas (Clearwater, Dunedin, Gulfport, Madeira Beach)
offer the lowest rates of those surveyed by A TM, ranging from approximately $4.00 to
$8.00 per foot per month. Clearwater's residents enjoy the lowest rate at only $4.58 per
foot per month, but must incur additional parking expense. Two other marinas in the
immediate Clearwater area have monthly rates of $10.00 and $12.25 per foot per month,
facilities outside the immediate vicinity of Clearwater, but still in Pinellas/Hillsboro County
list slip rates ranging from $9.50 to $14.00, with most in the $10.00 to $12.50 range.
In an effort to better understand how the prevailing rates in the Clearwater area compare
to other areas of Florida, ATM compiled current slip rates from marina facilities
throughout the state. The results of this effort are depicted in the table below.
19
Table 15: Regional Facility Rate Structure
Lamb's Yacht Center, Inc,
Beach Marine
Camachee Cove Yacht Harbor
Conch House Marina Resort
Palm Coast Resort Marina
Halifax Harbor Marina
Titusville Municipal Marina
Jacksonville
Jacksonville Beach
St. Augustine
St. Augustine
Palm Coast
Daytona Beach
Titusville
Dally Weekly
$/ftlday$/ftlwk
$2,00 N/A
$1,85 N/A
$2,25 $11,50
$2,25 $11,50
$1.75 $10,50
$1,50 $9,00
$1,30 $7,00
Monthly Yearly
$/ftlmo $/ftlmo
$9,00 $13,50
$15,50 $12,50
$22,72 $14,50
$21,00 $14,50
$15,00 $12,00
$10.75 $8.25
$12,00 $9.40
Old Port Cove Marina
Sailfish Marina
Radisson Bahia Mar Yachting Center
Hyatt Regency Pier 66 Marina
Miami Beach Marina
North Palm Beach
North Palm Beach
Fort Lauderdale
Fort Lauderdale
Miami Beach
Dally Weekly
$/ftlday . $/ftlwk
$1,50 N/A
$2,55 N/A
$1.25 N/A
$1.45 N/A
$3,50 N/A
Monthly Yearly
$/ftlmo $/ftlmo
$32,50 $17,80
N/A N/A
$32,20 $35,00
N/A $40,60
$50,00 $20,00
Mangrove Marina
Key West City Marina
City of For Myers Yacht Basin
Naples City Dock
Tarpon Point Marina
Burnt Store Marina
Marina Jack
Longboat Key Moorings
Fort Myers Area
Naples
Fort Myers Beach
Charlotte Harbor
Sarasota
Sarasota
20
Dally Weekly
$/ftlday $/ftlwk
$1,53 N/A
$1,75 N/A
$1,75 N/A
$1,75 $8,00
$1,75 $8.75
$2,75 N/A
Monthly Yearly
$/ftlITlO $/ftlmo
$27,50 N/A
N/A $12,00
$12,00 $10,00
$13,50 $11,00
$17,50 $14.25
$25,00 $18,00
The Moorings at Carrabelle, Inc,
Port St. Joe Marina
Panama City Marina
Bay Point Marina
Bluewater Bay Marina
Palafox Pier & Yacht Club
Carra belle
Port St. Joe
Panama City
Panama City
Destin to Fort Walton Beach
Pensacola
Daily Weekly
$/ftlday $/ftlwk
$1,50 $7,50
$1,60 $9,50
$1,50 $9,00
$1,50 N/A
$2,00 $6,00
$1,50 $7,00
Monthly. Yearly
$/ftlmo $/ftlmo
$18,00 $8,75
$25,00 $8,50
N/A $8,69
N/A $9,00
$15,00 $12,00
$16,00 $12,00
FLORIDA AVERAGE
I $1.86 I $8.71 I $20.84 I $14.60 I
Monthly Rates
Focusing on monthly rates of boat slips along the Gulf Coast, only a few have
comparable rates to those observed in Clearwater, Tarpon Point and Burnt Store. All
others range between $15.00 and $27.50. Those in the southeast and Florida Keys
regions are able to command much higher rates, up to $50.00 per foot per month at the
Miami Beach Marina. Marinas in the northeast region however, command the lowest
rates, many of which are similar to Clearwater-area marinas but all are still above the
current rates at the Clearwater Municipal Boat Marina.
21
Daily Rates
Analysis of the above data indicates that over half of the facilities investigated charge
daily rates between $1.25/ft/day and $1.75/ft/day as illustrated in the graph below:
Figure 5: General Daily Rate Distribution Among Florida Marinas
Daily Rates Charged
$2,51 - $2.75
$2.75+
$1,25-$1,50
$1,51-$1.75
Generally, discounts are given to those willing to sign long-term lease agreements for
wetslips. The figure below illustrates the average discounts for the marinas depicted in
Table 15.
22
Figure 6: Long Term Rate Discount
Regional Average Long-term Rate Discount
$60,00
$50,00
.l!l
co
0::
'"
:;:? $40,00
--
<: <:
o 0
::;; E
"Ei'!
"'"
g! - $30,00
":;
C'
W
$20,00
$10,00
$0,00
Daily
Weekly
Monthly
Yearly
By examining the nearly 40 marinas throughout Florida, a slip rate of $4.58 per foot per
month for Clearwater residents is by far the lowest rate. While there are additional
revenue sources/slip fee considerations, such as dock box rentals and parking fees, it is
anticipated that the proposed boat slip project for downtown Clearwater will be able to
command a much higher slip lease rate. Further, a higher rate will likely be necessary to
ensure the facility is self-sufficient.
Boaters are willing to pay more if the perceived value exceeds what they can get at other
marinas. A new boat slip facility in downtown Clearwater with premium-class floating
docks, appropriate wave attenuation, adequate parking, and proper amenities will
command a much higher rate than the existing municipal marina. Further, with the
number of boat slips decreasing in the area and the number of registered boats in
wetslip-appropriate size classes increasing, slips will be in demand.
A slip rate structure that is slightly higher than the area average is recommended for the
proposed facility. Monthly lease fees on the order of $12-$14 per foot/month would not
be inappropriate. Transient or daily lease fees may be on the order of $1.75-$2/ft./day.
Higher rates may be commanded if appropriate upland amenities are added in the
future.
23
USER PROFILE
All boat-slip tenants, whether long-term slip holders from the City of Clearwater, short-
term slip holders from surrounding counties, daily transient boaters, or charter operators,
deserve to be treated as valued customers. In fact, modern boaters demand such
treatment. Attention to details and concierge-type services are imperative in a modern,
first-rate boat slip facility. Tenants will expect several key amenities and services.
Appropriately providing and locating these services is crucial to a boat slip facility's
success.
Though a majority of marinas in the Clearwater/Tampa/St. Petersburg area used fixed
docks, today's boaters often prefer the convenience of floating docks. Floating docks
provide a uniform, stable platform for boaters to access their vessels. Despite the
limited tide range in the area of the proposed project, floating docks are still a desirable
amenity that will enhance the marketability of the proposed boat slip facility and, if
properly designed, provide additional flexibility to accommodate wide variations in water
levels associated with storm events. This may extend the useful life of the marina
facilities.
Many commercially manufactured floating dock systems are available. These systems
may be constructed out of various materials, including: timber, concrete, and aluminum.
Typically, concrete systems are most expensive and require regular maintenance but
provide a stable feel and good aesthetic. Aluminum systems are generally slightly less
expensive and may be decked with a variety of materials, including timber. Timber
frame systems are generally least expensive and along with aluminum systems often
utilize plastic poly tub flotation. Timber systems provide solid performance with reduced
maintenance and can also be decked with a variety of materials.
It is noted that composite floating dock systems such as those manufactured Walcon
Marine USA, Inc.@ also exist. Walcon utilizes concrete pontoon flotation with timber
decking. This provides the durability of concrete pontoons with the aesthetic of timber
decking.
Floating docks should be specifically designed to accommodate site-specific
environmental conditions. This may include the inclusion of wave attenuation
characteristics such as wider or deeper docks, wave fences, or specifically designed
wave attenuators. Today's leading dock manufacturers have the capability to
seamlessly integrate wave attenuating docks with dedicated or transient berthing space.
The following photos depict each of the floating dock systems mentioned above:
24
Photo 1 - Bellingham MarineR Concrete Floating Docks
Photo 2 - ShoreMasterR Aluminum Frame Floating Dock with IPE Decking
25
Photo 3 - ShoreMasterR Aluminum Frame Floating Dock with IPE Decking and Siding
Photo 4 - Sullivan R Timber Floating Docks with SYP decking
26
Photo 5 - Charleston (SC) City Marina Megadock
Bellingham@ Marine Concrete Floating Dock/Wave Attenuator
Photo 6 - Bristol Marina (SC)
ShoreMaster@ Aluminum Frame Floating Dock/Wave AUenuator
27
Cost Ranqes for Floatinq Dock Products
Cost ranges as quoted by the manufacturer for the above-mentioned floating dock
products are as follows:
Sullivan Flotation@ - Standard dock $25-$27/square foot; Attenuator $40-$60/square foot
Bellingham Marine@ - Standard dock $40-$60/square foot; Attenuator -$70/square foot
ShoreMastefV - Standard dock $40-$60/square foot; Attenuator $75-$80/square foot
Walcon@ -- Standard dock $40-$55/square foot; Attenuator $80-$11 O/square foot
All of the above prices represent conceptual cost ranges only and do not include anchor
piling. Pricing for wave attenuators is extremely site-specific due to variability in
environmental conditions and protection considerations/requirements.
Utilities - A new boat slip facility in downtown Clearwater should include appropriately
designed utilities to service long-term and transient vessels. This should include:
y High capacity, reliable shore power
y Dependable potable water
y Marine sewage pump out
y Satellite communications, Internet access
y Cable television and telephone (for fax) jacks may also be provided
Facility management must target customer service to tend to the needs of boaters, from
reception of lines for incoming vessels to providing assistance with provisioning,
restaurant reservations, and transportation between the slips, downtown amenities, and
the beach. Word of mouth travels quickly in the industry. Exceptional levels of service
can often overcome shortcomings in facility offerings.
Special Needs Boaters
Oversize Vessels
The market for providing berthing to oversize vessels or megayachts (100-ft. plus) in the
Clearwater area and at the project site on a long-term basis is limited. These vessels
tend to be highly transient and typically travel out of hurricane prone areas during the
storm season. However, Clearwater does provide an attractive location for transient
megayacht berthing.
28
Clearwater/Tampa/St. Petersburg lie approximately midway between South Florida and
Mobile/Biloxi/New Orleans. South Florida, the Fort Lauderdale area in particular, is
recognized as a popular megayacht destination during the late fall/early winter months.
The yachts are coming back from Europe and the Northeast US after hurricane season
and generally headed south to the Caribbean. The Louisiana/Mississippi/Alabama coast
is home to a number of shipyards that perform service and warranty work on these
vessels. Thus, the greater Clearwater/Tampa Bay area provides an attractive mid-point
stopping destination.
While ATM observed few such vessels during our site investigation, marina operators
did mention significant transient megayacht traffic. This seemed to be concentrated in
St. Petersburg at the City of St. Petersburg Municipal Marina and Port of St. Petersburg.
City of St. Petersburg Marina Supervisor, Mr. Ron Williams, indicated 10-12 transient
megayacht visitations each year. ATM observed "Tatoosh," a 301 '-8" megayacht owned
by Paul Allen (of Microsoft) moored at the Port of St. Petersburg during our field
reconnaissance for this project.
Photo 7 - "Tatoosh" (301 '-8" megayacht) moored at the Port of St. Petersburg
Tatoosh was the 15th largest megayacht in the world in 2005. It is not expected that
vessels of this magnitude should be accommodated at the proposed Clearwater boat
slip facility. However, this does present an example of what is "out there" with regards to
larger vessels.
There are literally thousands of megayachts throughout the world today (Power &
Motoryacht Magazine). As evidenced in previously presented boat registration data,
most megayachts tend toward the minimum length (100-ft.), rather than the opposite
extreme. Coupled with the location of the proposed facility and given adequate water
depth and facilities, the potential to berth small megayachts is evident.
While it is not envisioned that a boat slip facility at the project site will be the home port
to a significant number of megayachts, the proximity of the site to the GIWW and relative
29
blank canvas from which we are working, dictate that some flexible use areas be
included in the boat slip facility to service a small number of small to mid-size
megayachts. When not in use for mooring larger vessels, this space may be occupied
by smaller craft.
Upgrading docks, cleats, utilities, etc. in a small area will likely not significantly impact
the design or cost of the boat slip system. This may be accomplished on the proposed
floating dock/wave attenuator system indicated in Wade-Trim's preliminary boat slip
facility layouts and similar to the previously discussed/presented examples in this report
(Charleston City Marina Megadock/Bristol Marina).
Sailboats
Sailing is a favorite pastime in the Greater Clearwater area. Moderate temperatures
coupled with good wind and vast expanses of open water in the Gulf equals great
sailing. Boca Ciega Bay and Tampa Bay offer more protected waters and are also
favorite locations for sailboaters. Many such vessels are moored throughout the project
region.
Though not immediately proximate to prime sailing waters (lack of available water
depths), it is envisioned that sailboats will make up a notable portion of wetslip takers at
the proposed project site. These vessels may range up to the above-mentioned 50 ft.
range. A sailboat in this range will require water depths of 14 ft. to properly
accommodate its keel. Sailboats typically require less shore power than do power
boats, but do share other amenity needs.
Charters
Saltwater fishing is hugely popular in the Clearwater area. Whether chasing Blue Marlin
offshore in the Gulf or speckled trout and redfish inshore, the fishing is outstanding.
Numerous charter services are available. Many offshore charters originate from the City
of Clearwater's Municipal Marina. Inshore charters originate from nearly everywhere,
marinas and boat ramps alike, though recent red tide outbreaks have reportedly limited
this fishing opportunity.
Due to the proximity of the site to vacation destinations in the Clearwater area and the
downtown population center, it is not likely that the site will support a large charter fleet.
It is envisioned that the existing municipal marina at Clearwater Beach will remain the
primary area for charter activity. Currently there are roughly 60 charter/excursion
vessels at the City's Municipal Marina, ranging from deep sea fishing boats to Captain
Memo's Pirate Cruise.
30
Photo 8 - Captain Memo's Pirate Cruise Coming into port
Photo 9 - Charter Fishing Vessels
A TM interviewed several operators at the existing Clearwater Municipal Marina to gauge
interest and potential for tours/charters/excursions at a downtown boat slip facility. The
following is a summary of these interviews:
Tom Cat II - This deep-sea fishing charter indicated that beach tourists make up a
majority of their clientele. Though their customers likely prefer to be by the beach, they
will go to where the boats are in order to fish. The potential for charter operations in
downtown Clearwater is good, according to the first mate of the Tom Cat II, provided
31
there are adequate water depths, upland amenities to support the charter fleet (such as
ice, restaurants, shops, etc.), and access and parking for the patrons.
XTREME Watersports - This operation provides a variety of waters ports recreation
opportunities from the Clearwater Municipal Marina, including: boat rentals, eco tours,
kayak trips, snorkeling, shelling, and fishing. ATM spoke with Captain Brian of Xtreme
regarding the potential for excursion operations originating from downtown Clearwater
and enjoyed a positive response.
According to Capt. Brian, boaters in the area are in need of a place to go. He feels that
a boat slip facility downtown could provide needed mooring space and another
destination or stopping point if appropriate upland amenities are provided such as a
unique restaurant or bar. He also feels there is a need for more transient boat slips in
the area for day cruisers and seasonal visitors. Captain Brian is a Clearwater resident
who would consider expanding his business to a downtown boat slip facility.
Clearwater Boat Rentals - Representatives felt that downtown may be a viable location
for their boat rental business. They indicated a need for foot traffic as this accounts for
approximately 50% of their sales. Once a downtown boat slip facility "gets going," it
would likely be a good location for their business.
Thriller 02 - Larry from this speedboat ride operation indicated that boat slips downtown
are a "no brainer." Excursion operations may be viable, but he would wait to see how
the recent rash of hotel-to-condo conversions affects his existing business.
Regardless, he feels a boat slip facility downtown should have a high-quality and well-
stocked ships store to accommodate occupants.
Show Queen - Representatives from this dinner/harbor cruise operator indicated the
potential for operations downtown might be viable. They indicated the parking situation
is an issue at the existing Municipal Marina and that this may be alleviated with a
downtown boat slip facility. Also, they mentioned that as more hotels are demolished or
converted into condominiums near the beach, the need for excursions downtown (near
available hotels) would become more evident.
Since the existing Municipal Marina in Clearwater is home to so many excursion vessels
and also proximate to Clearwater Beach, a prime tourist destination, it is recommended
that the existing marina remain the center for tour and excursion operations. The
proposed downtown boat slip facility may provide a more tranquil, secure setting for
residents of Clearwater and others to moor their vessels in a less congested,
recreational environment.
32
CONCLUSIONS AND RECOMMENDATIONS
Our findings indicate that an appropriately designed and developed wetslip boat slip
facility in downtown Clearwater would be successful. The demand for wetslips in the
Clearwater area is strong. This demand should continue into the future as more people
move to the area and flock to the waterways to enjoy various recreation activities.
Further, as has been documented, there is a disconcerting decrease in the amount of
publicly available boat storage opportunities in the project region. This indicates a
marked need for additional public boat slips to ensure continued access to the water for
City residents and visitors.
While intended to serve primarily as a resource for City residents, a boat slip facility
located in downtown Clearwater will likely be attractive to residents of Pinellas,
Hillsborough, Pasco, and Polk Counties as well. Much of this demand is anticipated to
be for annual lease slips. The potential to capitalize on transient boat traffic in the area
is also evident as the proposed site lies along the Gulf Intracoastal Waterway and
proximate to Clearwater Pass which provides clear access to the Gulf of Mexico.
The incorporation of floating docks on the proposed project will set the proposed facility
apart from all others in the Clearwater area and should enable the City to capture
appropriately higher slip lease rates. The facility must be first-class and offer
appropriate services and amenities to sustain higher rates in the long term. The
dwindling supply of boatslips in the project area should help the facility maintain rates as
well. It is recommended that the facility cater to private boaters. Excursion operations
should be maintained at the existing municipal marina near the beach.
As the area surrounding the proposed boat slip project continues to develop, the
potential for the site to become a destination for boaters will increase. The presence of
a new boat slip facility in downtown Clearwater will provide clear and easy access from
the Gulf Intracoastal Waterway to downtown amenities and attractions. As the boat slips
come on-line and planned upland improvements are implemented, transient boaters will
be drawn to the boat slips to visit, shop, and recreate in downtown Clearwater.
Slip-mix recommendations have been detailed previously but should include provision
for sailboats and powerboats ranging from 30-55-ft. Additional side-tie berthing areas
should be provided to provide flexibility in mooring and may allow the facility to
accommodate larger vessels. The proposed breakwater/wave attenuator for the facility
may provide such accommodation.
Slip demand warrants the maximization of the number of slips at the project site. Due to
site constraints, it is anticipated that the total number of wetslips that may be constructed
at the proposed site is -129 (not including side-tie mooring on outer breakwater). It is
likely that absorption of these slips will be rapid. Pre-leasing once construction has
commenced will help expedite the absorption process.
33
APPENDIX
34
Chart House Suites and Marina
Clearwater Beach, Florida
Telephone:
727.449,8007
CONTACT INFORMATION
Address:
850 Bayway Boulevard
Clearwater Beach, FL 33767
Website:
www.charthousesuites.com
Water Location:
Approximately % mile north of Clearwater Pass inlet, near Clearwater
Point
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 27
Slip LenQths: 30 ft. - 40 ft,
Water Depth: 3 ft,
Occupancy: 90%
Boat Tvpes: Sailboats, cruisers
Rates: $12.25/ft./month
Utilities: 30/50 Amp
Fuel: N/A
Amenities: Laundry, pool, showers, ice
General Comments: Older facility in fair condition; quiet area; good parking
1
Clearwater Municipal Marina
Clearwater, Florida
Telephone:
727.462,6954
CONTACT INFORMATION
Address:
25 Causeway Boulevard
Clearwater, FL 33767
Website:
http://www.myclearwater.com/qov/depts/mari ne aviation/ma facilities/Mari na/index. asp
Water Location:
Approximately 1 mile north-northwest of Clearwater Pass inlet, just south
of Memorial Causeway
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 220
Slip LenQths: 25 ft. - 125 ft.
Water Depth: 6 ft,
Occupancy: 100% (3 year wait list)
Boat Tvpes: Sailboats, cruisers, many charters and excursions
Utilities: 30/50 Amp
Rates: $4,58/ft./month for residents; $7,55/ft./month for non-residents
Fuel: Gas & Diesel
Amenities: Laundry, showers
General Comments: Facility is in fair condition; center of local activity with a heavy emphasis
on charter and excursions; parking fees extra
2
Island Yacht Club Condo Association
Clearwater, Florida
Telephone:
727.461.2315
CONTACT INFORMATION
Address:
200 Windward Passage
Clearwater, FL 33767
Website:
N/A
Water Location:
Approximately 1 % mile north-northwest of Clearwater Pass inlet, just
north of Memorial Causeway
FACILITY INFORMATION
Dock Stvle: Fixed timber, % covered
Number of Slips: 128
Slip LenQths: 20 ft. - 40 ft,
Water Depth: N/A
Occupancy: 85%
Boat Tvpes: Cruisers, Sailboats
Rates: $10/ft./month sublease
Utilities: N/A
Fuel: N/A
Amenities: N/A
General Comments: Slips are privately owned; prices range from $60k to $400k
3
Pirate's Cove Marina
Dunedin, Florida
Telephone:
727,733,1102
CONTACT INFORMATION
Address:
2400 Bayshore Boulevard
Dunedin, FL 34698
Website:
N/A
Water Location:
Approximately 2 miles east of Hurricane Pass
FACILITY INFORMATION
Dock Stvle: Drystack
Number of Slips: -200
Slip LenQths: 18 ft. - 30 ft,
Water Depth: N/A
Occupancy: 100%
Boat Tvpes: Cruisers, center consoles
Rates: $10/ft/month
Utilities: N/A
Fuel: N/A
Amenities: N/A
General Comments: Older facility reportedly for sale; fair/poor condition; operator said it may
be converting to condos
4
Marker 1 Marina
Dunedin, Florida
Telephone:
727,733,9324
CONTACT INFORMATION
Address:
343 Causeway Boulevard
Dunedin, FL 34698
Website:
www.marker1.com
Water Location:
Approximately 1 % miles east of Hurricane Pass, just southeast of
Causeway Boulevard Bascule Bridge
FACILITY INFORMATION
Dock Stvle: Fixed timber & drystack
Number of Slips: -275
Slip LenQths: 18 ft. - 75 ft,
Water Depth: 6 ft,
Occupancy: 95%
Boat Tvpes: Cruisers, sportfishers, sailboats
Utilities: 30/50 Amp
Rates: $10,50/ft./month - $12,50/ft./month
Fuel: Gas & Diesel
Amenities: Restaurant adjacent
General Comments: Facility proposed to undergo renovations soon
5
Dunedin Municipal Marina
Dunedin, Florida
Telephone:
727,733,9324
CONTACT INFORMATION
Address:
51 Main Street, Suite 1
Dunedin, FL 34698
Website:
http://www.dunedinqov.com/home .aspx?paqe=departments/Leisu reServices/marina&title= Marina
Water Location:
Approximately 3 miles south-southeast of Hurricane Pass in Clearwater
Harbor; east of channel marks #4 and #5
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 194
Slip LenQths: 18 ft. - 60 ft,
Water Depth: 5 ft,
Occupancy: 100%
Boat Tvpes: Sailboats, cruisers
Rates: -$5,00 to $7,00
Utilities: 30/50 Amp
Fuel: N/A
Amenities: Restrooms, showers (old), restaurant and convenience store within
walking distance
General Comments: Fair/good condition; serene; operated by the City as an "amenity to the
community"
6
The Harborage Marina
Sf. Petersburg, Florida
Telephone:
727,821,6347
CONTACT INFORMATION
Address:
1110 3rd Street South
St. Petersburg, FL 33701
Website:
www.harboraqemarina.com
Water Location:
Western Tampa Bay, approximately 14 miles north of the Southwest
Channel entrance into the bay, just south of airport
FACILITY INFORMATION
Dock Stvle: Bellingham floating docks
Number of Slips: -300
Slip LenQths: -30 ft, - 200 ft,
Water Depth: 12 ft,
Occupancy: 100%
Boat Tvpes: Sailboats, cruisers
Rates: 36 ft, = $444,95/month; 40 ft. = $494,38/month; 44 ft, = $543,82/month;
etc, up to -200 ft.
Utilities: 30/50/100 Amp
Fuel: Gas & Diesel
Amenities: Laundry, showers, pool, clubhouse, security, breakwater
General Comments: One of the larger facilities in the area; slips are rented by size on a 12-
month contract basis only,
7
St. Petersburg Municipal Marina
Sf. Petersburg, Florida
Telephone:
727,893,7329
CONTACT INFORMATION
Address:
300 2nd Avenue SE
Website:
http://www.stpete.orq/marina.htm
Water Location:
Western Tampa Bay, approximately 15 miles north of Southwest
Channel entrance into the bay, just north of airport
FACILITY INFORMATION
Dock Stvle: Fixed concrete piers
Number of Slips: 612
Slip LenQths: 25 ft. - 100 ft.
Water Depth: 10ft,
Occupancy: 100% (450 boat waiting list)
Boat Tvpes: Sailboats, cruisers (many live-aboards)
Rates: -$4,OO/ft./month to -$ 12,OO/ft./month (dependant upon boat size, slip
location, and resident status, monthly rentals
Utilities: 30/50 Amp
Fuel: Gas & Diesel
Amenities: Restaurant, ships store, laundry, showers, etc,
General Comments: Nice large facility with many amenities easily accessible
8
Blind Pass Marina
Sf. Petersburg Beach, Florida
Telephone:
727,360.4281
CONTACT INFORMATION
Address:
9555 Blind Pass Road
St. Petersburg Beach, FL 33706
Website:
www.blindpassmarina.com
Water Location:
Turn west at Market #9 on ICWW between Corey Causeway and
Treasure Island Causeway
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 69
Slip LenQths: 30 ft. - 55 ft,
Water Depth: 7 ft,
Occupancy: 100%
Boat Tvpes: Center consoles, sailboats
Rates: $12,50/ft./month
Utilities: 30 Amp
Fuel: N/A
Amenities: Adjacent restaurant and pub
General Comments: Fair/poor condition; some boat lifts and charters
9
Gulfport Municipal Marina
Gulfport, Florida
Telephone:
727,893,1071
CONTACT INFORMATION
Address:
4630 29th Avenue South
Gulfport, FL 33711
Website:
http://www.ci.qulfport.fl.us/CityDepartments/LeisureServices/Marina/Marina.htm
Water Location:
Approximately 1 % miles north of 54 Ave S bridge
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 250
Slip LenQths: 30 ft. - 45 ft,
Water Depth: 7 ft,
Occupancy: 90% - 100%
Boat Tvpes: Sailboats, cruisers
Rates: -$8,00 - -$9,00; slip rentals; dependant upon slip size
Utilities: 30/50 Amp
Fuel: Gas & Diesel
Amenities: Ships store, showers, security
General Comments: Fair condition; ramp; good parking
10
Holiday Inn Harborside
Indian Rocks Beach, Florida
CONTACT INFORMATION
Telephone:
727,595,9484 (X 7020)
Address:
401 Second Street
Indian Rocks Beach, FL 33785
Website:
www.hiharbourside.com
Water Location:
ICWW near Indian Rocks Beach, just south of the Indian Rocks
Causeway Bridge
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 50
Slip LenQths: 21 ft. - 75 ft,
Water Depth: -6 ft.
Occupancy: 100% (wait list)
Rates: $12.25/ft./month
Boat Tvpes: Cruisers, sportfishers, some sailboats; 10 charters
Utilities: 30/50 Amp
Fuel: Gas & Diesel
Amenities: Hotel, restaurant, pub
General Comments: Rumored to be under consideration for condo; long waiting list; % length
finger piers; 70% occupancy from local area (Tampa to IRB)
11
Largo Intercoastal Marine
Largo, Florida
Telephone:
727,595,3592
CONTACT INFORMATION
Address:
12458 145th Lane North
Largo, FL 33774
Website:
www.larqomarina.com
ICWW approximately % mile north of the Indian Rocks Causeway Bridge
Water Location:
FACILITY INFORMATION
Dock Stvle: Drystack
Number of Slips: 381
Slip LenQths: 19 ft. - 36 ft,
Water Depth: 3 ft, - 4 ft.
Occupancy: 75% - 90%
Boat Tvpes: Cruisers, center consoles
Rates: $9,50/ft./month - $14,OO/ft./month
Utilities: N/A
Fuel: Gas
Amenities: N/A
General Comments: Older facility; 1 Wiggins lift; 75% of clientele from Pinellas / 20% from
Hillsborough; nice operators; fair condition; needs breakwater and
access channel dredge
12
Madeira Beach Municipal Marina
Madeira Beach, Florida
Telephone:
727,399.2631
CONTACT INFORMATION
Address:
503 150th Avenue
Madeira Beach, FL 33708
Website:
www.madeirabeachmarina.com
Water Location:
Approximately 2 miles northwest of John's Pass, just south of the Tom
Stewart Causeway (hwy 666) bridge
FACILITY INFORMATION
Dock Stvle: Fixed timber
Number of Slips: 92
Slip LenQths: 20 ft. - 55 ft,
Water Depth: 11 ft,
Occupancy: 100%
Rates: $7,50/ft./month
Boat Tvpes: Sportfishers, cruisers, sailboats
Utilities: 30/50 Amp
Fuel: Gas & Diesel
Amenities: Ships store, upland storage
General Comments: Older facility; fair condition
13
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Economic Pro Forma Analysis
Downtown Boat Slips Feasibility Study
PREPARED FOR:
The City of Clearwater, Florida
PREPARED By:
JUNE 2006
Build-out Capacity:
A
Dedicated Slips 129
Interior Side Tie (LF) 560
Exterior Side Tie (LF) 1,142
Total Side Tie (LF) 1,702
Rate ($/flJmonth)
$12.50
Rate Increase:
$0.25
every
Initial Absorption
Annual Increase (%)
Maximum Occupancy
Rate ($/flJday)
$1.85
Rate Increase:
$0.05
(2008)
(2008)
every
Initial Absorption, Dedicated and Interior Side Tie
Annual Increase (%)
Maximum Occupancy
Initial Absorption, Exterior Side Tie
Annual Increase (%)
Maximum Occupancy
2 years
90%
10%
100%
1 years
61.5%
0%
61.5%
30.0%
0%
30.0%
Rate Discount for L T Transients, applied to all takers 70%
$/year
Utiiity Pass Thru $438.00
Dedicated Annual Slips Only
Transient Utilities Incl. in Slip Rate
Dedicated Slips
Transient Slips
Average Transient Stay
% takers
100%
50
50
gal./transient stay
gal./per occupied slip/mo.
3
days
Fuei Mark Up
$0.32 per gallon
Downtown Clearwater Boat Slips
Personal Services
Purchases for Resale
Operating Materials and Supplies
Transportation
Utility Service
Dumping Charges
Depreciation
Interfund Administrative Charges
Other Current Charges:
Professional Fees
Advertising
Communications
Printing and Binding
Insurance
Repairs & Maintenance
Rentals
Miscellaneous
Data Processing Charges
Taxes
Equipment Purchased
Payment in lieu of taxes
Additional Items (Bait/Tackle, Ice, Hats, etc.)
at Exisiting Clearwater Municipal Marina
Yr 2009
Type of Financing
Interest Rate
Coupon
Term (in years)
expenses
personnel costs
capital
Pro Forma Model
B
$200,920
$10,000
$10,500
$1,000
$150,000
$0
$0
$30,000
$10,500
$3,000
$5,000
$0
$87,500
$16,000
$1,000
$20,740
$5,000
$0
$0
5.50%
$16,000
Bond
Current + 1%
Semi-annual
20
3%
4.2%
3%
6%
all in 2006$/year
of Previous Year
Revenue
June 2006
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Estimate of Probable Costs Cost Estimate June 2006
Item Unit Cost/Unit Item Cost
MISCELLAN EOUS
Primar Mobilization $100,000 0
Sub Total $100,000
sf 28,100 $60 $1,686,000 0
sf 12,955 $70 $906,850 0
Is 1 $2,548,350 $2,548,350 0
Is 1 $285,000 $285,000 0
ea 3 $15,000 $45,000 0
ea 64 $1,200 $76,800 0
Sub Total $5,548,000
1 $60,000 $60,000 0
129 $6,000 $774,000 0
36 $6,000 $216,000 0
4 $35,000 $140,000 0
3,980 $70 $278,600 0
38 $1,000 $38,000 0
Sub Total $1,506,600
Is $67,000 $67,000 0
Is $120,000 $120,000 0
Is $402,000 $402,000 0
Is $149,000 $149,000 0
Sub Total $738,000
TOTAL CONSTRUCTION SUB TOTAL $7,892,600
2% $157,852 0
3% $236,778 0
15% $1,243,085 0
TOTAL (2006$) $9,530,315
TOTAL (2007$) 7% $10,197,437
Increase
TOTAL (2008$) 7% $10,911,257
Increase
= COST BASED ON PREVIOUS WADE-TRIM COST ESTIMATE
Downtown Clearwater Boat Slips
Pro Forma Model
June 2006
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Financial Feasibility
Study
Downtown Boat Slips
Prepared by City of Clearwater, Finance Department - Margaret Simmons
Introduction
The City began exploring the possibility of constructing boat slips at the downtown
bayfront in 2003. This effort was regenerated in early 2006 when the Council directed
staff to refocus its efforts on downtown boat slips. The Finance Department assumed the
responsibility for overseeing the evaluation of the financial aspects of this project,
including a market study, review of the construction cost estimates, and an evaluation of
the estimated operating revenues and expenses.
A request for qualifications was issued in March 2006 that resulted in the hiring of
Applied Technology & Management, Inc. (ATM). ATM is a Florida Corporation that
includes a dedicated Marina and Waterfront Development Division. This division
includes expertise in economic, engineering, and operational issues related to boat slips.
ATM was hired to perform the following tasks:
. Complete a market analysis to determine the proper mix of boat slips, the occupancy
levels that could be expected, and the appropriate rates to charge;
. Review construction cost estimates provided by Wade Trim to determine
reasonableness and completeness;
. Review operational costs provided by the City to determine reasonableness and
completeness; and
. Prepare a 20-year financial feasibility study to determine if the boat slips will be self
supporting based upon expected occupancy, acceptable slips rental rates, debt service
on construction costs, and estimated operational costs.
ATM prepared a document including all of the above requirements. This report
summarizes the information derived from their studies and well as other financial
information related to determining the financial feasibility of the downtown boat slips.
I
Market Study
ATM conducted the Market Study from May-June 2006. The conclusion, on page 33 of
the Market Study is positive for development of a boat slip facility in downtown
Clearwater.
Based upon the study, the optimum slip length mix for the 129 estimated slips is listed in
FIGURE 1. The mix of slips might need to be adjusted to maximize the number of slips
within the constraints of the site.
SlipSize
30
40
45
50
55
Number
13
26
32
45
13
129
%
10%
20%
25%
35%
10%
100%
The current City of Clearwater Marina reserves 10% of the slips for transient use.
Revenue generated from a transient slip generates approximately twice the revenue as
compared to a slip rented on a monthly basis (in addition to greater fuel sales). In the
financial feasibility study, we assumed that 10% of the fixed slips are reserved for
transient use and that all of the side tie moorings (560 linear feet of interior side tie
moorings and 1,142 of exterior side tie moorings) will be available for transient use.
Construction Costs
Wade Trim estimated the construction costs for the boat slip project including all related
upland improvements that would be required in order to obtain a building permit. Those
costs are identified in FIGURE 2 on the following page.
2
2006 Estimated 2007 Estimated 2008 Estimated
Construction Construction Construction
Cost Cost Cost
$3,798,000
$1,900,000
$431,660
$825,458
$60,000
$4,063,860
$2,033,000
$461,876
$883,240
$64,200
$4,348,330
$2,175,310
$494,208
$945,067
$68,694
land 1m rovements
Parking Lot Improvements
Restrooms/Showers/Dock
Master Office
Utilities
Electrical
$67,000
$215,000
$71,690
$230,050
$76,708
$246,154
Other Related Costs
Performance Bond
Preparation of Design Criteria
Package & Selection of Design -
Build Entit
$166,600
$178,262
$190,740
Contingency (15%)
Estimated Total Construction Cost
A 7% annual inflation factor was used to get from 2006 estimated costs to 2008
construction year costs.
A TM reviewed these cost estimates and developed their own estimate of 2008
construction costs of$10,911,257. For the purposes of the financial feasibility study, $11
million was used as the cost of construction.
3
20 Year Financial Feasibility Study
Assumptions:
Following are the major assumptions used in preparing the 20 year financial feasibility
study:
Construction costs: $11 million
Bond: Tax exempt, level debt service for 20 years with 1 year capitalized interest at
current rates + 1 % (5-6%)
Number of Slips:
117 fixed slips (recreationallannual)
12 fixed slips (transient)
90% occupied 1 st year
100% thereafter
61.2% occupied
(70% received due to discounts)
61.2% occupied
(70% received due to discounts)
30% occupied (wave/weather issues)
(70% received due to discounts)
560 feet linear interior side tie moorings
1,142 linear feet exterior side tie moorings
2008 Rates:
RecreationallAnnual- $ 12.50/ft./month increasing $.25/ft./month every 2 years
Transient/daily - $ 1. 85/ft./day increasing $.05 every year
Fuel Sales Revenue: Fuel mark up $.32/gallon
Recreational - 50 gallons/slip/month
Transient - 50 gallons/stay (average stay of 3 days)
Inflation Factors: Personnel Costs 4.2%, all others 3%
All costs were developed assuming only the incremental costs needed to operate this
facility. Since the City already owns and operates a marina, many of the overhead costs
are already incorporated into the existing marina's operations. Examples are the fuel
dock, supervision, and clerical staff. Marina and Finance staff developed the costs used
in this study based upon the costs currently experienced in operating our existing Marina.
We have assumed that the exterior of the boat slips (wave attenuators) will be able to be
used for side tie transient slips. Ifwe are unable to use this area due to it's proximity to
the boating channel, the annual revenues will decrease by an average of approximately
$240, OOO/year.
We have assumed the financing for this project will be a revenue bond pledging public
service tax as the repayment guarantee. We will be paying debt service from the net
revenues of the boat slips, however, if these revenues are insufficient, the payment must
be paid from public service tax receipts. Public service taxes are revenue of the City's
General Fund. Since both this bond issue and the bond issue to fund a portion of the
Beach Walk project both pledge public service taxes, the timing of these two projects
might enable us to issue one bond funding both projects together. This would be a more
efficient funding method, reducing costs for both projects.
4
Economic Results:
The Economic Analysis prepared by A TM shows an annual cash flow deficit after debt
service payments ranging from approximately ($270,000) to ($400,000). The average
deficit is approximately ($310,000). After the final debt service payment is made, the
annual positive cash flow should exceed $600,000. See FIGURE 3 for details of
operations.
1 2009 1,335,473 610,031 725,442 1,019,432 (293,990)
2 2010 1,452,980 704,510 748,470 1,020,182 (271,712)
3 2011 1,468,163 732,747 735,416 1,019,932 (284,516)
4 2012 1,499,221 756,129 743,092 1,018,682 (275,590)
5 2013 1,514,534 781 ,185 733,349 1,021,432 (288,083)
6 2014 1,545,725 806,205 739,520 1,017,932 (278,412)
7 2015 1,561,175 832,958 728,217 1,018,432 (290,215)
8 2016 1,592,507 859,738 732,769 1,022,682 (289,913)
9 2017 1,608,103 888,315 719,788 1,020,432 (300,644 )
10 2018 1,639,586 916,986 722,600 1,021,932 (299,332)
11 2019 1,655,336 947,524 707,812 1,021,932 (314,120)
12 2020 1,686,978 978,227 708,751 1,020,432 (311,681 )
13 2021 1,702,892 1,010,871 692,021 1,021,574 (329,553)
14 2022 1,734,703 1,043,758 690,945 1,020,920 (329,975)
15 2023 1,750,791 1,078,668 672,123 1,017,595 (345,4 72)
16 2024 1,782,781 1,113,903 668,878 1,021,695 (352,817)
17 2025 1,799,054 1,151,247 647,807 1,018,500 (370,693)
18 2026 1,831,234 1,189,006 642,228 1,022,200 (379,972)
19 2027 1,847,703 1,228,968 618,735 1,017,600 (398,865)
20 2028 1,880,084 1,269,441 610,643 610,643
Funding Solutions:
In order to provide options for improving the economic results, a menu of funding
solutions is provided in FIGURE 4, with further explanation provided following the
menu.
5
Annual
Impact
Annual Deficit From ATM Feasibility Study - 20 Year Bonds (310,000)
Adjustment for 25 year bonds
125,000
Annual Deficit With 25 Year Bonds
(185,000)
Additional Adjustment for 30 year bonds
58,000
Annual Deficit With 30 Year Bonds
(127,000)
(ATM) (Adjusted) (Adjusted)
20 year 25 year 30. . ear
Annual Deficit Per Above Schedule (310,000) (185,000) (127,000)
Grants per $1 million - Federal/State/County 93,000 81,000 76,000
2 Pay approximately $1 million from Penny for 93,000 81,000 76,000
Pinellas to cover Upland Improvements
3 Pay portion of boat slip construction 93,000 81,000 76,000
from Special Development Fund RE, Penny
for Pinellas or other reserves.
Per $1 million
4 Forgive Payment in Lieu of Taxes 90,000 90,000 90,000
(ranges from $73,451 - $101,624)
5 Raise rates at Beach Marina to Offset Deficit 30,000 30,000 30,000
Per 10% increase above what's needed for Beach
Marina
6 Annual Subsid from General Fund per $100,000 100,000 100,000 100,000
We have assumed a 20-year bond issue when preparing the economic analysis. Staff
recommends paying the bonds over 20 years, however, the City could elect a longer
6
payment schedule. This would result in reducing the annual debt payment and therefore
reducing the annual deficit. I have shown on this menu, the effects of a 25 or 30-year
bond on the operating results.
Other options presented in the menu:
1. Grants could be obtained or funding partners could be identified. This could
include Federal, State, County or other partners. This reduction in the deficit
would be per $1 million of funding obtained. This would reduce the amount to be
borrowed.
2. Approximately $1 million of the identified costs are for upland improvements.
Funding these costs from Penny for Pinellas as part of Coachman Park
Improvements would reduce the amount to be borrowed.
3. We could pay a portion of the costs of boat slip construction from other existing
funds. There is currently available approximately $3.8 million in undesignated
retained earnings in the Special Development Fund, $4.5 million in General Fund
retained earnings, and $7 million in Penny for Pinellas (or $6 million if $1 million
used in #2 above). This would be per $1 million in funding provided. This would
reduce the amount to be borrowed.
4. Forgive the payment in lieu of taxes. Currently the Marine and Aviation Fund
pays 5.5% of prior year gross revenues to the General Fund. The Council could
eliminate this requirement for the new boat slips.
5. Rates at the existing Marina could be raised to offset the deficit at the new boat
slips. Current rates are $4.58/ft./month for residents and $6.86/ft./month for non-
residents. For each 10% increase an additional $30,000 of revenue would be
received. See FIGURE 5 for rates.
Increase
Current
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Resident
$ 4.58
5.04
5.50
5.95
6.41
6.87
7.33
7.79
8.24
8.70
9.16
NonResident
$ 7.55
8.31
9.06
9.82
10.57
11.33
12.08
12.84
13.59
14.35
15.10
7
6. The City could provide an annual subsidy from the General Fund to support the
downtown boat slips until such time as the slips are self-supporting.
Closing
By working jointly with ATM, staffhas analyzed the expected results of operations and
has provided options for the financing of the construction and operation of the downtown
boat slips.
8
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the City Manager's recommended Penny for Pinellas (1 % Optional Infrastructure Sales Tax)
Amended Project List for the ten year period of 2010 through 2020.
SUMMARY:
At the May 30, 2006 Worksession, the City Council reviewed the City Manager's recommended Penny for
Pinellas projects for the next ten year cycle. At that meeting, several changes were suggested by the City
Council. Those changes include three additional projects, several minor title changes and a decrease in the
funding for the Downtown Streetscape project to $12.5 million. The additional projects include: Senior
Facility for $3.5 million, Ruth Eckerd Hall for $4 million, and Traffic Calming for $5 million. In addition, on
June 28th, a Town Hall meeting was held to discuss these proposed projects with Clearwater residents.
Residents were given an opportunity to interact with the City Council and staff. Pinellas County voters will be
asked to approve an extension of the "Penny for Pinellas" optional infrastructure sales tax for a ten-year
period, from the year 2010 through 2020 in the Spring of 2007. According to Pinellas County estimates, the
City of Clearwater will receive approximately $138,855,000 of proceeds during this ten-year period. The
attached list reflects the City Manager's amended list of recommended projects, based upon the Council's
direction, representing those projects that best meet the City's needs taking into account the City Council's
Vision for the community. This recommended list includes City projects totaling $130,910,180, leaving an
unallocated reserve of $7,944,820.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
PENNY FOR PINELLAS EXTENSION
CITY OF CLEARWATER
2010-2020
1VA
Public Meeting
June 28, 2006
Penny for Pinellas Extension
2010 -2020
In 1989 the "Penny for Pinellas" (infrastructure) sales tax was originally approved at countywide referendum for a
ten-year period starting in 1990. Soon after, on September 21, 1989, the Clemwater City Commission approved an
interlocal agreement with Pinellas County for the distribution of the net proceeds of the 1 % discretionary sales
surtax. About one-half of the money was used for County projects and the remainder was divided among the
municipalities within Pinellas County.
In the spring of 1997, county voters approved the extension of the "Penny for Pinellas" tax for a second ten-year
period ending in the year 2010.
Since the inception of Penny in 1990, the City has received approximately $120 million of Penny dollars. This has
provided a major economical boost to the City's economy, offering a means to provide facilities and service, most
which would have never been achievable without this resource.
Some of the major City of Clemwater projects that have been funded from receipts to date include:
. Memorial Causeway Bridge
. MainLibrary
. Bright House Stadium
. Sand Key Fire Station
. Northwest Fire Station
. Clemwater Mall Fire Station
. Countryside Recreation Center
. Ross Norton Complex
. North Greenwood Recreation and Aquatics Center
. Clemwater Beach Recreation Complex
. Pier 60
. Pier 60 Park
. Pier 60 Entranceway Approaches
. Municipal Service Building
. Harborview Center
. Clemwater Pass Bridge
. Drew Street Widening
. Countryside Boulevard Widening
. Stevenson Creek Improvements
. Landmark Drive Extension
Other projects planned for the remainder of the current ten-year cycle include:
. Reconstruction of the Main Fire Station #45 (Downtown)
. Fire Station #48 (Belcher Road) Renovation and Replacement
. Druid Road Improvements
. Downtown Streetscaping
. Moruingside Recreation Center Replacement
. Long Center Infrastructure Improvements
Facts about the Penny for Pinellas tax:
. More than 35% of the funds come from tourists, seasonal residents and non-property owners.
. It is equitable - everyone pays their fair share of preserving, protecting, and improving our community.
. Necessities, such as groceries and medicines, are NOT taxed.
. Only the first $5,000 of any single purchase (such as a car) is taxed.
Current Plans for Penny
According to Pinellas County estimate, the City of Clemwater will receIve approximately $138,855,000 of
proceeds over the third ten-year period beginning in the year 2010.
The following pages detail the City Manager's list of recommended projects to the City Council for infrastructure
projects during this next ten-year cycle. All of these projects support the City Council's adopted vision for the
City of Clearwater.
Penny for Pinellas Extension
Recommended Projects
2010-2020
Police Equipment Shelter
Police Homicide Vehicle
Clearwater Beach Fire Station Renovation/Reconstruction
Lakeview Fire Station Renovation/Reconstruction
Countryside Fire Station Renovation/Reconstruction
Downtown Streetscaping
Highland Ave Widening - Union St to Sunset Point Rd
Bayshore Blvd Realignment North of Drew St
Downtown Parking
Coachman Park Redevelopment
Youth Sports Fields Renovations & Improvements
Neighborhood Parks Renovations & Improvements
Recreation Trails
Countryside Family Aquatics Center Development
Municipal Beach Parking Garage
City-wide Seawall Replacement
Countryside Branch Library Expansion & Renovation
East Branch Library Expansion & Renovation
Library Technology
New City Hall & Parking Garage
City-wide Wireless Mesh
Senior Facility
Ruth Eckerd Hall
Traffic Calming
TOTAL
2,833,250
150,000
4,147,910
4,755,560
4,648,460
12,500,000
2,500,000
2,500,000
6,250,000
5,000,000
7,000,000
5,000,000
3,000,000
2,500,000
12,500,000
1,250,000
6,250,000
6,250,000
1,250,000
25,000,000
3,125,000
3,500,000
4,000,000
5,000,000
130,910,180
Page #
1
2
3
4
5
6
8
9
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
27
POLICE EQUIPMENT SHELTER
SCOPE:
Construction of an equipment shelter to house the Police Department's command,
traffic homicide investigator, hostage negotiator, SWAT team and emergency
response vehicles. It will also provide additional storage for message boards and
other equipment necessary during critical incidents and will provide a hardened
structure for all Police emergency equipment in situations such as a hurricane.
The facility will be constructed on City property at a location yet to be
determined.
COST:
Penny for Pinellas
$2,833,250
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $20,000 for utilities and building and
maintenance services.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Systems
1
POLICE HOMICIDE VEHICLE
SCOPE:
This project provides for the purchase of a Traffic Homicide Van to replace the
vehicle currently in service. This vehicle is used to respond to serious traffic
accidents when there is a potential or actual fatality and used for special events
such as drunk driver enforcement programs. The vehicle contains the
sophisticated equipment used by traffic homicide investigators and can sustain
these investigations for many hours while these officers are on the scene of a
traffic homicide call.
COST:
Penny for Pinellas
$150,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $800 for fuel and maintenance services.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
2
CLEARWATER BEACH FIRE STATION RENOV ATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Clearwater Beach
Fire Station #46. This facility will be approximately 46 years old at the time of
planned renovation/reconstruction. The facility was not constructed to
accommodate a diverse workforce, and the technological changes that have
occurred since 1964. The current geographic location of the station is ideal and
the extensive remodeling of the facility will provide continued service to the
community.
COST:
Penny for Pinellas
$4,147,910
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
3
LAKE VIEW FIRE STATION RENOVATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Fire Station #47.
This facility will be approximately 36 years old at the time of planned
renovation/reconstruction. The facility was not constructed to accommodate a
diverse workforce, and the technological changes that have occurred since its
construction. The current geographic location of the station continues to serve the
community.
COST:
Penny for Pinellas
$4,755,560
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
4
COUNTRYSIDE FIRE STATION RENOVATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Clearwater Fire
Station #50. This facility will be approximately 36 years old at the time of
planned renovation/reconstruction. The facility was not constructed to
accommodate a diverse workforce, and the technological changes that have
occurred since its construction. The current geographic location continues to
serve a rapidly expanding community.
COST:
Penny for Pinellas
$4,648,460
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
5
DOWNTOWN STREETSCAPING
SCOPE:
This project will continue the downtown streetscaping theme currently underway
on Cleveland Street between Osceola and Myrtle Avenues. The project will focus
on streets within the downtown area between Court and Drew Streets and between
Myrtle and Highland Avenues.
The design theme will be consistent throughout, with a goal of making downtown
Clearwater an attractive, pedestrian oriented destination. It is anticipated that this
project will encourage continued residential and retail development in the
downtown area.
COST:
Penny for Pinellas
$12,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
6
DOWNTOWN STREETSCAPING (continued)
CITY COUNCIL'S VISION:
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
7
HIGHLAND AVENUE WIDENING
(Union Street to Sunset Point Road)
SCOPE:
This project will add a bi-directional center turn lane on Highland Avenue from
Sunset Point Road north to the city limits at Union Street. This new cross section
will be consistent with the current configuration south of Sunset Point Road and
with improvements recently completed by the City of Dunedin to the north, and
will improve the level of service on this multi-jurisdictional north-south corridor.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
8
BA YSHORE BOULEVARD REALIGNMENT
(North of Drew Street)
SCOPE:
This project will eliminate a dangerous curve on heavily traveled Bayshore
Boulevard. The curve in the road just north of Drew Street is difficult for vehicles
to navigate. Straightening of this section of road will significantly enhance the
safety for Clearwater & Safety Harbor residents who use this route daily.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
9
DOWNTOWN PARKING
SCOPE:
This project provides funding for construction of public parking spaces in the
downtown area. Specific locations have purposely not been identified at this time
in order to maintain flexibility as downtown redevelopment evolves. There is
also an option of participating in a joint venture with either public or private
entities to construct a parking garage.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown until the project has been designed.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Work" element of
the City Council's Vision and the following related priority:
.:. Economic Vitality and Reinvestment
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priority:
.:. Efficient Responsive City Services
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
10
COACHMAN PARK REDEVELOPMENT
SCOPE:
The proposed project provides for the expansion of Coachman Park to include the
Drew Street extension, under the new Memorial Causeway Bridge, Harborview
parking lot & Cleveland Street west of Osceola Ave. This area will be redesigned
to allow for a cohesive downtown waterfront that may include an amphitheatre for
special events, improved restroom facilities, parks, parking facilities, and other
improvements as determined by the citizens of Clearwater that would support the
economic and development goals of Clearwater. This improved waterfront /
public space should be designed as Clearwater's "Central Park." Harborview
Center, Bayfront Tennis Courts, the Bayfront Memorial Parks and the waterfront
area are included in the project scope.
COST:
Penny for Pinellas
$5,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $400,000, (includes 3.0 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Wa1kab1e Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priorities:
.:. A Vibrant Downtown that's Mindful of its Heritage
11
YOUTH SPORTS FIELDS RENOVATIONS & IMPROVEMENTS
SCOPE:
This project will provide for much needed renovation and construction of new
sports facilities needed to meet the demands of youth sports in Clearwater as well
as north County. This project would provide for the renovations of Sid Lickton
Park, Countryside Community Park, Frank Tack Park and Countryside Sports
Complex as well as new facilities for North Clearwater (4-6 new multipurpose
fields and other amenities). Safety Harbor residents as well as north County
residents would use the new facilities, since, both Pinellas County and Safety
Harbor would partner with the City in these developments.
COST:
Penny for Pinellas
$7,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $162,000, (includes 2.0 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
12
NEIGHBORHOOD PARKS RENOVATIONS & IMPROVEMENTS
SCOPE:
One of the most important parts of the Park and Recreation Master Plan is the
maintenance and renovation of existing parks, whether they are neighborhood,
community, special facilities or resource-based parks. Several parks in the
existing inventory will need to be renovated over the next ten years. This project
will provide for much needed renovation to several of the neighborhood parks
throughout the city. Some of the facilities and designs at the older parks are over
30 years old and in need of major renovation.
The parks identified for possible renovation include, NE Coachman Park, Pier 60
Park, W oodgate Park, Valencia Park, Cliff Stephens Park, Charles Park,
Overbrook Park. In addition, two new neighborhood parks are proposed at Salls
Lake Park and State Street Park. These two new parks may include park
amenities, i.e., tennis courts, basketball courts, parking, playgrounds, open
playfield areas and park amenities.
COST:
Penny for Pinellas
$5,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $85,000, (includes 1.0 additional FTE).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
13
RECREATION TRAILS
SCOPE:
The project will provide for the completion of the City wide trail system.
Attention is given to planning trails that will connect neighborhoods with existing
trails such as the East West Trail, Progress Energy Trail and Pinellas Trail. The
City is in a major development phase for many current trail projects including the
East West Trail, Mandalay Channel Pedestrian Bridge, Memorial Causeway Trail
and the Turner Street Druid Road Trail. However, there are many additional trails
that are being proposed by this project which include the Landmark Trail,
Edgewater Drive Trail, Bayshore Drive Trail South, Courtney Campbell Parkway
Trail, and East Avenue Trail improvements in the Downtown corridor to give all
citizen residents access to the trail system.
The City will be seeking other State and Federal funding sources to match the
Penny funds to make the trail system a reality. There appears to be a great deal of
interest in providing alternative transportation options and trails are one of the key
ingredients in accomplishing this goal.
COST:
Penny for Pinellas
$3,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $195,000, (includes 2.0 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
14
RECREATION TRAILS (continued)
CITY COUNCIL'S VISION:
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priorities:
.:. A Quality Beach Environment
.:. A Vibrant Downtown that's Mindful of its Heritage
15
COUNTRYSIDE FAMILY AQUATICS CENTER DEVELOPMENT
SCOPE:
The Countryside area has many fine recreation facilities but does not have a
public pool. The Park & Recreation Master Plan recommended the construction
of a family aquatics center that will meet the needs of the Countryside residents
similar to other aquatics centers in the City. The facility would provide for a
variety of activities that could include a lap pool, diving boards, slides, spraying
fountains, playgrounds, and other creative state of the art aquatics fun activities.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $325,000, which includes 6.5 additional
FTE'S. It is anticipated that a portion of the annual operating costs will be
covered by user fees.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
16
MUNICIPAL BEACH PARKING GARAGE
SCOPE:
The purpose of this project is to provide additional public parking for Clearwater
Beach, the City's Marina and beach businesses, and eliminate the need for
overflow parking on the causeway during peak periods. This project could take
the form of a public-private partnership to provide a facility that would meet the
needs of the City, our citizens and the visitors to our community.
COST:
Penny for Pinellas
$12,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Efficient Responsive City Services
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
17
CITY-WIDE SEAWALL REPLACEMENT
SCOPE:
This project provides funds to replace seawalls as needed. There are numerous
seawalls located on City property in Downtown, Island Estates and Clearwater
Beach, many of which are reaching the end of their useful life. Replacement of
these seawalls prior to their failure is of vital importance to protect the upland
uses adjacent to them.
COST:
Penny for Pinellas
$1,250,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
This project also supports the "Clearwater Includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
18
COUNTRYSIDE BRANCH LIBRARY EXPANSION AND RENOVATION
SCOPE:
The Countryside Branch is the busiest facility in the Clearwater Library System.
Built in 1988 with only 15,000 square feet of space, the library receives nearly
350,000 visits each year from residents and visitors.
The proposed project would include the demolition of the existing building and
the construction of a two-story facility on the current site, basically doubling the
space while maintaining the current footprint. The expanded facility would
include a separate children's section as well as an enlarged section for computer
technology and public access.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
There is no need for additional staffing assuming that recommended library
technology improvements are implemented to provide self-checkout and other
improvements to routine procedures. Increased costs to cover areas including
higher utility bills, custodial costs, building and maintenance increases,
information technology costs for additional computers are estimated at $111,000.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
19
EAST BRANCH LIBRARY EXPANSION AND RENOVATION
SCOPE:
The East Branch is the oldest facility in the Clearwater Library System. Built just
as computers were beginning to be incorporated into library service, the building
is not designed for the technological needs of today, or for the heavy usage it
receives.
The proposed project could include the demolition and construction and/or
reconstruction of the existing facility to provide a two-story facility on the current
site, basically doubling the space while maintaining the current footprint.
Another option would be the possibility of developing a joint use library with the
Clearwater campus of SPC as an alternative to expanding the existing facility.
Either way, the expanded facility would provide larger youth and computer
sections.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
There is no need for additional staffing assuming that recommended library
technology improvements are implemented to provide self-checkout, and other
improvements to routine procedures. Increased costs to cover areas including
higher utility bills, custodial costs, building and maintenances increases,
information technology costs for additional computers are estimated at $105,000.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
20
LIBRARY TECHNOLOGY
SCOPE:
The project provides for the implementation of Radio Frequency Identification
(RFID) technology at all City of Clearwater branches. This technology allows
libraries to perform many routine, repetitive tasks more efficiently. Stacks of
books can be checked in and out with one movement. Patron self-checkout
allows the public to complete their transactions without staff assistance. With the
more efficient use of staff, the expanded branch facilities can be effectively run
with no increase in staffing levels. The system also provides the most effective
security system currently available.
COST:
Penny for Pinellas
$1,250,000
FUTURE FUNDING REQUIREMENTS:
It is anticipated approximately $30,000 a year would be required for maintenance.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project supports the "Clearwater is a Wondeiful Place to Play" element of
the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
21
NEW CITY HALL AND PARKING GARAGE
SCOPE:
This project provides funds for construction of a new City Hall facility with an
associated employee and possibly public parking garage. This specific location
has yet to be determined. The facility would house those functions existing in the
current City Hall and possibly relocate some functions from the Municipal
Services Building. It is intended for this to be a signature building equipped with
the latest technological advancements in order to provide quality service to the
customers.
COST:
Penny for Pinellas
$25,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
22
CITY-WIDE WIRELESS MESH
SCOPE:
This project will construct a wireless network across the entire jurisdictional area
of Clearwater that can be used by the public and City operations to provide access
to the internet at broadband speeds (data transfer in excess of 3Mbs). City
operations would be able to access computer applications and communications
databases to support business operations and improve service delivery.
Development of this network technology will also provide free access to the
internet for all visitors and residents, reducing barriers to equal opportunity,
promoting economic development and increasing quality of life and services.
COST:
Penny for Pinellas
$3,125,000
FUTURE FUNDING REQUIREMENTS:
Additional operating costs of $50,000 for maintenance are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
elements:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
23
SENIOR FACILITY
SCOPE:
The City has made a commitment to address the senior population in Clearwater
by creating the Office of Aging. A Senior Facility would be a place for all
seniors to get information and support for those activities and services they are in
need of. The Facility could include offices that can be used by aging service
providers, classroom facilities for educational seminars and recreation activities,
fitness room and a large activity room that could be used for a variety of
recreational and community activities. This facility could provide a social
gathering place as well as a space for the arts and self help classes in technology,
health, finances, housing, transportation; just to name a few. The facility would
be constructed on existing City property, possibly where the existing lawnbowls
and shuffleboard building and courts are located, and could be incorporated into
other facilities used by seniors.
COST:
Penny for Pinellas
$3,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $400,000, (includes 4.5 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
24
RUTH ECKERD HALL
SCOPE:
The project will provide for the expansion of the PACT learning center (Marsha
P. Hoffman Institute of Performing Arts) by providing additional space for classes
and activities currently being conducted at the center. The new Marsha P.
Hoffman Institute of Performing Arts is popular with the community with all
practice and classroom spaces occupied on a full time basis. The City has
partnered with PACT on many projects and proposes to partner with PACT again
to accomplish the needed cultural expansion. There is no need for the City to
duplicate other facilities that are doing an excellent job in meeting the performing
arts needs in the community. This project will allow for additional space to
expand the program offering for the performing arts, including dance, music,
acting and choral performances.
COST:
Penny for Pinellas
$4,000,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project supports the "Clearwater is a Wondeiful Place to Play" element of
the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
25
RUTH ECKERD HALL (continued)
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
26
TRAFFIC CALMING
SCOPE: This project will provide funding to continue implementation of traffic calming
projects in neighborhoods throughout the City. Traffic calming serves to reduce
speeding and deter cut-through traffic, resulting in safer neighborhoods for
pedestrians and vehicular traffic. These projects provide comprehensive
neighborhood solutions using various traffic calming elements as deemed necessary
for the particular location. Neighborhood involvement from the beginning is crucial
to the success of traffic calming projects.
COST:
Penny for Pinellas
$5,000,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priority:
.:. Safe Comfortable Walkable Neighborhoods
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
27
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt a tentative millage rate of 5.42 mills for fiscal year 2006/07 and set Public Hearings on the Budget for
September 5,2006 and September 21, 2006 to be held no earlier than 6:00pm.
SUMMARY:
In accordance with the TRIM Bill process it is necessary for the City Council to adopt a tentative millage rate
prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Bill
notices sent to taxpayers in early August and cannot be increased without special mailing. The City Manager's
recommended millage rate of 5.42 mills is a reduction of one-third mill from the current millage rate of 5.753
mills. The rolled back rate, according to State of Florida definition, is the millage rate that will provide the
same ad valorem tax revenue as was levied in the prior year. If the recommended rate of 5.42 mills is adopted
the City's ordinance adopting the millage rate will reflect a 14.52% increase over the rolled back rate of
4.7326 mills.
Type:
Current Year
Budget?:
Other
No
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating
Cost:
Total Cost:
to
Bid Required?:
Other Bid /
Contract:
No
Bid Number:
nla
Bid Exceptions:
Other
Review Approval: 1) Clerk 2) Office of Management and Budget 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm the City Manager's approval to increase the award of contract to a total of $125,000 (an
increase of $25,000 over the current approved purchase order total of $100,000) to Quorum Services for
building construction inspection and building plans review services received; and increase the total award to
$365,020 and extend the contract through September 30, 2007; and that the appropriate officials be authorized
to execute the same. (consent)
SUMMARY:
The request is for the City Council to ratify and confirm a contract total of $125,000, approve an increase of
$240,020 (for a combined total of $365,020), and extend the contract awarded to Quorum Services through
September 30, 2007. The City awarded a contract to Quorum Services in 2005 to provide contractual services
for building plans review and inspections to supplement on-going services in the Development &
Neighborhood Services Department. This contractual services project is a result of increased building permit
activities related primarily to the recent numerous large building construction projects in the City. Blanket
Purchase Orders for this contract have been authorized as follows: . $50,000 (BR502208 October 2005 -
FY06) . $50,000 (BR502673 February 2006 - FY06) . $25,000 (BR502673 June 2006 - FY06) - (Ratify and
confirm City Manager's Approval) Additional increases for this contract require City Council approval.
Approximately $83,500 is needed in the blanket purchase order for the remainder of FY06. The annual
projected expenditure for Quorum Services in FY07 is $156,520. The $240,020 increase for the blanket
purchase order takes into account these amounts needed for the remainder of this fiscal year ($83,500) and all
of next fiscal year ($156,520) relative to this contract. Funding for the contract will be provided by the
increase in building permit revenues that are in excess of the current fiscal year's budget projections by
approximately $366,000. Third quarter budget amendments will reflect an increase in the budget for the
Development and Neighborhood Services Department in the amount of $108,500, and an offsetting increase
of at least the same in budgeted building permit revenues to offset these costs. The $156,520 for Quorum
Services for 2006/07 is already budgeted in the City Manager's Preliminary Budget in the Development and
Neighborhood Services departmental budget.
Type:
Current Year
Budget?:
Purchase
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating
Cost:
Total Cost:
to
Bid Required?:
Yes
Bid Number:
38-
05
Other Bid /
Contract:
Bid Exceptions:
None
1) Financial Services 2) Office of Management and Budget 3) Development and Neighborhood Services 4) Financial
Review
Approval:
Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) City Manager 9) Clerk 10) Assistant City
Manager 11) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an Interlocal Agreement between the Community Redevelopment Agency of the City of Clearwater,
Florida (the "Agency") and the City of Clearwater (the "City") that outlines responsibilities for the
environmental cleanup of the Clearwater Automotive Salvage Yard site and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
The purpose and intent of this Agreement is to provide a means by which the Agency and the City can
mutually work together to use their existing and anticipated resources available to meet specific expenses
incurred for the environmental cleanup ofreal property known as the Clearwater Automotive Salvage Yard
("Project"). It is also the purpose of this Agreement, through assistance and cooperation, to define and
delineate the responsibilities and obligations of the parties in order to accomplish the mutually beneficial
Project. The Clearwater Automotive Salvage Yard in the Town Lake area of the downtown has long been
considered an impediment to the redevelopment of the area. For this reason, the City acquired the 3.4-acre +/-
property through a real property exchange on July 17,2003. Due to the "value added" incurred in obtaining
these parcels, the City accepted these parcels "as is" and without warranties, and is responsible for the
demolition of all structures, and for any future environmental due diligence and mitigation. The City received
funds from EP A and determined that the best use of the funds would be for the cleanup of the Clearwater
Automotive Salvage Yard site. The City also determined that the Agency is in a better position to convey the
Site to a developer or other private entity if it provides for the environmental cleanup of the Site. The City
Council adopted Resolution #05-19 on May 19,2005 authorizing a loan up to $350,000 to the CRA for the
cleanup of the site. The property was declared surplus by the City on June 15,2006 for the purpose of
conveying title to the CRA. The land was transferred to consolidate ownership, conduct the environmental
remediation and prepare the property for redevelopment. A main objective of the Agreement is to outline that
the City, rather than the CRA, is in a better position to enter directly into contracts for environmental cleanup
of the Project. In addition, it also notes that the cleanup of the Project may exceed the $350,000 loan provided
to the CRA. The Agreement allows the City, through its Brownfields program or other sources, or the Agency
to cover the additional costs of remediation and preparing the site for redevelopment.
Type: Other
Current Year Budget?: None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
o
Annual Operating
Cost:
Total Cost:
o
Not to Exceed:
For Fiscal Year:
o
to
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
INTERLOCAL AGREEMENT
(Clearwater Automotive)
This INTERLOCAL AGREEMENT (the "Agreement"), made and entered into as of this
17th day of July, 2006, by and between the COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARW A TER, FLORIDA, a public body corporate and politic of the State of
Florida (the "Agency"), and the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City").
WIT N E SSE T H:
WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and the
Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida
Statutes (the "Cooperation Act"), to permit the Agency and the City to make the most efficient
use of their respective powers, resources and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby to provide the property, facilities and services provided for
in this Agreement in the manner that will best accord with the existing and anticipated resources
available to each of them and with geographic, economic, population and other factors
influencing the needs and developments within the downtown community redevelopment area in
the corporate limits of the City and the area of operation of the Agency; and
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the
Agency and the City may exercise their respective powers, privileges and authorities which they
share in common and which each might exercise separately; and
WHEREAS, the Agency is responsible for the implementation of the redevelopment plan
for the redevelopment, rehabilitation and improvement of the community redevelopment area in
the City; and
WHEREAS, the City and the Agency desire to have an approximately 3.42683 acre site
located in the community redevelopment area in the downtown area of the City (the "Project
Site") redeveloped and rehabilitated by private sector development; and
WHEREAS, the City and the Agency are willing to cooperate and provide assistance to
each other and, to the extent permitted by law, assist the private development of the site, all in
such means and manner as will promote the rehabilitation and redevelopment of the community
redevelopment area, benefit the local economy, and be of substantial benefit to the Agency and
the City; and
WHEREAS, the Agency has been established and is authorized to exercise its powers
available under Part III, Chapter 163, Florida Statutes, as amended (the "Redevelopment Act"), to
aid, assist and cause the acquisition of the Project Site and make it available for sale, in whole or
in part, to private sector developers, and to aid, assist, and cause the development, design, and
construction of a project thereon; and
WHEREAS, the City is the custodian of certain funds and is acting as the "lending
institution" pursuant to the Brownfields Cleanup Revolving Loan Fund ("BCRLF") established;
and
WHEREAS, the City, in its Resolution No. 05-19 (attached as Exhibit "A") approved the
application of $350,000 of funds to be provided to the City by the United States Environmental
Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund to
assist the CRA in connection with contracts entered into by the CRA for the environmental
cleanup of the Project Site; and
WHEREAS, the City and the Agency are now in agreement that it is more efficient for
the City, rather than the CRA, to use its resources and capabilities to directly enter into the
contracts for environmental cleanup of the Project Site; and
WHEREAS, the City and the Agency further agree that the cleanup may exceed
$350,000, as provided for by Resolution No. 05-19, and wish, in furtherance of accomplishing
the cleanup, to hereby provide that the parties agree that the City may allot additional monies in
its sole discretion in the form of a loan to the CRA, or, in the alternative, either the CRA or the
City may take on the financial responsibility to fund any such shortfall each in its sole discretion;
and
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the
Agency and the City agree as follows:
ARTICLE 1
AUTHORITY AND OBLIGATIONS
1.1 Authority to Contract. This Agreement is entered into pursuant to the provisions
of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163
Florida Statutes; Chapter 166, Florida Statutes; Resolution No. 81-68 of the City adopted on
August 6, 1981, and other applicable provisions of law, all as amended and supplemented from
time to time.
1.2 Original Funding for the Cleanup and Authority for City to act on behalf of CRA
in contracting for Environmental Services related thereto. The City shall provide the Agency
funds from the City's BCRLF in the amount of $350,000 for the purpose of remediation of the
property known as the Clearwater Automotive Site, 205 South Martin Luther King A venue,
Clearwater, Florida, 33756, consisting of approximately 3.42683 acres. Such funds may only be
used for the purposes stated in that certain Cooperative Agreement between the City and the
EPA, dated August 17, 1999 ("Cooperative Agreement") in connection with the establishment of
the BCRLF, as summarized in Exhibit 1 of Resolution No. 05-19 (attached hereto and
incorporated herein), including the requirement that the cleanup be completed within one year of
the commencement thereof unless otherwise extended by the EP A. The City also agrees that it
2
and/or the CRA shall provide in any contract for such environmental cleanup any language
required by the EP A in connection therewith. Further, the City is hereby authorized and directed
to enter into any and all contracts necessary to fulfill the requirements and conditions of the EP A
as contained in the Cooperative Agreement.
1.3 Authority for the City and/or the CRA to fund the cleanup in excess of the original
amount allotted under City of Clearwater Resolution No. 05-19. The City and the CRA are
hereby collectively or individually authorized to fund the cleanup in excess of the $350,000
provided for in Resolution No. 05-19 each at its own discretion. Further, the City may, in its sole
discretion, allot additional monies in the form of a loan to the CRA.
ARTICLE 2
DEFINITIONS
2.1 Definitions. As used in this Agreement, the following terms, when initially
capitalized, shall have the following meanings:
(a.) "Act" means Section 163.01, Florida Statutes, Part III, Chapter 163, Florida
Statutes, Chapter 166, Florida Statutes, Resolution No. 81-68 of the City adopted on August 6,
1981, and other applicable provisions of law, all as amended and supplemented.
(b.) "Agency" means the Community Redevelopment Agency of the City, as created
by Resolution No. 81-68 of the City, adopted by the City Council on August 6, 1981, including
any amendments thereto, and any successors or assigns thereto which can exercise
redevelopment powers.
(c.) "Agreement" means this Interlocal Agreement between the Agency and the City,
including any amendments, revisions and exhibits thereto.
(d.) "Area" means the area located within the corporate limits of the City having
conditions of slum and blight (as those conditions are defined in the Act) as found by the City
Council in Resolution No. 81-67 adopted by the City Council on August 6,1981.
(e.) "Authorized Representative" means the person who is the duly authorized and
designated representative of the City or the Agency, respectively, as provided in Section 3.3
hereof.
(f.) "City" means the City of Clearwater, Florida, a Florida municipal corporation, and
any successors or assIgns.
(g.) "Governing Body" means, in the case of the Agency, the governing body of the
Agency, and the City Council of the City in the case of the City, or any successor board, Council
or Council thereto.
(h.) "Project Site" means the approximately 3.42683 acre parcel of real property
3
located in the Area, all as more particularly described in Exhibit "B" (Site Identification Table
and Locator Map.)
2.2 Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the singular shall include the plural as well as the singular number, and
the word "person" shall include corporations and associations, including public bodies, as well as
natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and
other equivalent words refer to this Agreement and not solely to the particular portion thereof in
which any such word is used. The words "party" or "parties" when referring to the initial
signatory parties to this Agreement shall also mean and include any successor or assign of such
party. References to "Agency" and "City" may refer to and include the Authorized
Representative thereof designated in accordance with Section 3.3 to the extent the Agency or
City has authorized its authorized representative to act on its behalf.
2.3 Florida Statutes. Any and all references herein to the "Florida Statutes" are to
Florida Statutes (2005), as amended by any session law enacted during any regular or special
session of the Legislature of the State of Florida convening subsequent to the Effective Date, and
which become law in accordance with the Constitution of the State of Florida.
ARTICLE 3
PURPOSE, FINDINGS, INTENT
3.1 Purpose. The purpose of this Agreement is to induce, encourage and assist the
redevelopment of the Area through assistance and cooperation in the environmental cleanup of
the Project Site. It is also the purpose of this Agreement to define and delineate the
responsibilities and obligations of the parties to this Agreement, and to express the desire of the
parties to cooperate together to accomplish the purposes and expectations of this Agreement.
3.2
hereto that:
Findings. It is hereby ascertained, determined, declared and found by the parties
(a.) The Area (in which is located the Project Site) contains one or more slum and
blighted areas and that the rehabilitation or redevelopment of the Area (including specifically the
Project Site) is necessary in the interest of the public health, safety, morals and welfare of the
residents of the City;
(b.) The Project Site is of significance to the Area and represents an area with a
substantial impact and effect on the Area in terms of its location, size, prominence and proximity
to the downtown core.
(c.) It is a necessary and appropriate exercise of the redevelopment powers available
to the Agency to provide such assistance as is reasonably necessary to cause the redevelopment
of the Project Site so it will be a significant development in the Area and will enhance the quality
of life and the aesthetic and useful enjoyment of the downtown area of the City by the eradication
4
of the conditions of slum and blight found there, all in accordance with and in furtherance of the
Act as implemented by the Plan.
(d) The development of the Project is appropriate to the needs and circumstances of,
and shall make a significant contribution to, the economic growth of the area of operation of the
Agency, and shall serve a public purpose by, among other things, advancing the economic
prosperity, the public health and general welfare of the State and its inhabitants, and promoting
the rehabilitation of the City and eliminating and preventing the creation and spread of blighted
areas in the area of operation of the Agency and the corporate limits of the City.
3.3 Authorized Representative.
(a) Each party may from time to time designate one or more individuals to be its
Authorized Representative to act on its behalf to the extent of the grant of any authority to such
representative. Written notice of the designation of such a representative (and any subsequent
change in the Authorized Representative) shall be given by the designating party to the other
party in writing in accordance with the procedure set forth in Section 9.9 hereof. The written
notice of the Authorized Representative shall indicate the authority that may be exercised by the
Authorized Representative.
(b) Except as otherwise expressly provided in this Agreement, whenever approval or
action by the City or the Agency is required by this Agreement, such action or approval may, in
the discretion of the party considering such approval or action, be taken or given by the
Authorized Representative thereof. A party to this Agreement may rely upon the representation
of the other party's Authorized Representative that such person has the requisite authority to give
the approval or take the action being done by that Authorized Representative. A party may not
later deny that its Authorized Representative had the authority represented to and relied upon by
the other party or revoke or deny any action taken by such Authorized Representative which was
relied upon by the other party
ARTICLE 4
PROJECT SITE
4.1 Ownership of the Project Site. As of the Effective Date, the Agency is the owner
of the Property of the Project Site.
5
ARTICLE 5
REPAYMENT TO BCRLF
5.1 Repayment to BCRLF. The funds so appropriated by the City to the BCRLF and
utilized by the CRA shall be repaid to such BCRLF as specifically outlined in Sections 3 and 4 of
Resolution No. 05-19 (attached).
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 Representations and Warranties of the Agency. The Agency represents and
warrants to the City that each of the following statements is presently true and accurate and can
be relied upon by the City:
(a.) The Agency is the duly created and designated community redevelopment agency
of the City, a validly existing body politic and corporate of the State, has all requisite corporate
power and authority to carry on its business as now conducted and to perform its obligations
under this Agreement and each document contemplated hereunder to which it is or will be a
party.
(b.) This Agreement and each document contemplated hereby to which the Agency is
or will be a party has been duly authorized by all necessary action on the part of, and has been or
will be executed and delivered by, the Agency and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or hereof: (a) requires the approval and
consent of any other party, except such as have been duly obtained, (b) contravenes any existing
law, judgment, goverumental rule, regulation or order applicable to or binding on the Agency, or
(c) contravenes or results in any breach of, default under or result in the creation of any lien or
encumbrance upon any party under any indenture, mortgage, deed of trust, bank loan or credit
agreement, applicable ordinances, resolutions or any other agreement or instrument to which the
Agency is a party, specifically including any covenants of any bonds, notes or other obligations
of the Agency outstanding on the Effective Date.
(c.) This Agreement and each document contemplated hereby, to which the Agency is
or will be a party constitutes, or when entered into will constitute a legal, valid and binding
obligation of the Agency enforceable against the Agency in accordance with the terms thereof,
except as such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual
equitable principles in the event equitable remedies are involved.
(d.) There are no pending or, to the knowledge of the Agency, threatened actions or
proceedings before any court or administrative agency against the Agency, which question the
validity of this Agreement or any instrument or document contemplated herein, or which are
likely in any case or in the aggregate to materially adversely affect the successful redevelopment
of the Project and the consummation of the transactions contemplated hereunder or the financial
or corporate conditions of the Agency.
6
(e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto.
6.2 Representations and Warranties of the City. The City represents and warrants to
the Agency that each of the following statements is presently true and accurate and can be relied
upon by the Agency:
(a.) The City is a validly existing municipal corporation of the State, has all requisite
corporate power and authority to carry on its business as now conducted and to perform its
obligations under this Agreement and each document contemplated hereunder to which it is or
will be a party.
(b.) This Agreement and each document contemplated hereby to which the City is or
will be a party has been duly authorized by all necessary action on the part of, and has been or
will be executed and delivered by, the City and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent
of any other party, except such as have been duly obtained, (ii) contravenes any existing law,
judgment, goverumental rule, regulation or order applicable to or binding on the City, or (iii)
contravenes or results in any breach of, default under or result in the creation of any lien or
encumbrance upon any party under any indenture, mortgage, deed of trust, bank loan or credit
agreement, applicable ordinances, resolutions or any other agreement or instrument to which the
City is a party, specifically including any covenants of any bonds, notes or other obligations of
the City outstanding on the Effective Date.
(c.) This Agreement and each document contemplated hereby to which the City is or
will be a party constitutes, or when entered into will constitute a legal, valid and binding
obligation of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from
time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event equitable remedies are involved.
(d.) There are no pending or, to the knowledge of the City, threatened actions or
proceedings before any court or administrative agency against the City, which question the
validity of this Agreement or any instrument or document contemplated herein, or which are
likely in any case or in the aggregate to materially adversely affect the successful redevelopment
of the Project and the consummation of the transactions contemplated hereunder or the financial
or corporate conditions of the City.
(e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable to the City.
7
ARTICLE 7
INDEMNIFICA TION
7.1 Indemnification by the Agency.
(a.) In consideration of the City entering into the agreements for environmental
cleanup and such other actions as are provided for herein, and other valuable consideration, to the
extent permitted by law, the Agency shall pay, indemnify and save harmless the City, its agents,
guests, invitees and employees from all suits, actions, claims, demands, damages, losses and
other reasonable expenses and costs of every kind and description to which the City, its agents,
guests, invitees or employees may be subjected to by reason of injury to persons or death or
property damage, loss of monies or other loss caused or allegedly caused, in whole or in part,
resulting from any omission, negligence or fault of the Agency, its agents or employees, the
environmental consultants, or their contractors or subcontractors in connection with (i) any
environmental cleanup, building, construction, installation or development work, service or
operation being undertaken or performed by or for the Agency in, on, under, or over the Project
Site, or (ii) any uses, occupancy, maintenance, repair and improvements, or operation of all or
part of the Project Site by or for the Agency; provided, however, such indemnification shall not
be applicable to the extent a decision or judgment of a court of competent jurisdiction holds that
any injury to persons or death or property damage was the result of acts of omission, negligence
or fault of the City, its agents or employees.
(b.) This Section 7.1 shall not be deemed or construed to provide any indemnification
by the Agency for the benefit of any third parties other than the City nor as a waiver by the
Agency of any liability of the City which the Agency may be entitled to recover damages
notwithstanding any provision of this Agreement to the contrary.
(c) In addition to the requirements of Section 7.1 (a.), the City agrees that it will, on
behalf of the Agency, remediate the Project Site in accordance with the Brownfield Site
Rehabilitation Agreement (BSRA) dated September 26, 2005, between the City and the Florida
Department of Environmental Protection (the "Department").
ARTICLE 8
DEF AUL T; TERMINATION
8.1 Default by the Agency.
(a.) Provided the City is not then in default under this Agreement as set forth herein,
there shall be an "event of default" by the Agency under this Agreement upon the occurrence of
anyone or more of the following:
(i.) The Agency shall fail to perform or comply with any material provision of
this Agreement; or
(ii.) The Agency shall make a general assignment for the benefit of its
8
creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a
petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition
seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or
similar relief under any present or future statute, law or regulation or shall file an answer
admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it
in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee,
receiver or liquidator of the Agency or any material part of its properties; or
(iii.) Within sixty (60) days after the commencement of any proceeding by or
against the Agency seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any present or future statute, law or regulation,
such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment
without the consent or acquiescence of the Agency or any trustee, receiver or liquidator of the
Agency or of any material part of its properties, such appointment shall not have been vacated.
(b.) If an "event of default" as described herein shall have occurred, the City, after
giving thirty (30) days written notice of such event of default to the Agency, and upon expiration
of such thirty (30) day notice period, if such event of default has not been cured, the City shall
seek to enforce the terms of this Agreement.
8.2 Default by the City.
(a.) Provided the Agency is not then in default under this Agreement as set forth
herein, there shall be an "event of default" by the City under this Agreement upon the occurrence
of the following: (i) the City shall fail to perform or comply with any material provision of this
Agreement.
(b.) If an "event of default" as described herein shall have occurred, the Agency, after
giving thirty (30) days written notice of such event of default to the City, and upon expiration of
such thirty (30) day notice period, if such event of default has not been cured, the Agency shall
seek to enforce the terms of the Agreement.
8.3 Obligations, Rights and Remedies Exclusive. The rights and remedies specified
herein to which either the Agency or City are entitled are exclusive and are intended to be to the
exclusion of any other remedies or means of redress to which the Agency or the City may
otherwise lawfully be entitled.
8.4 Non-Action on Failure to Observe Provisions of this Agreement. The failure of
the Agency or the City to promptly insist upon strict performance of any term, covenant,
condition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the
City may have, and shall not be deemed a waiver of a subsequent default or nonperformance of
such term, covenant, condition or provision.
(a.) In the event of a termination of this Agreement as provided for herein, neither the
9
City nor the Agency shall be obligated or liable one to the other in any way, financial or
otherwise, for any claim or matter arising from or as a result of this Agreement or any actions
taken by the City or the Agency, or both, thereunder or contemplated hereby; provided, however,
that if any suits, actions, claims, or demands of any kind shall be made against the City or the
Agency, or both of them, seeking damages, expenses and costs (including attorneys' fees), or any
other relief, arising from or as the result of any omission, negligence or fault of the City or the
Agency in connection with this Agreement or any actions taken by the City or the Agency, or
both of them, hereunder or contemplated hereby, the indemnification provisions of Article 7
hereof shall apply and shall survive termination of this Agreement.
8.5 Termination Certificate
(a) In the event of a termination of this Agreement prior to the Expiration Date, each
of the parties hereto does covenant and agree with the other to promptly execute a certificate
prepared by the party electing to terminate this Agreement, which certificate shall expressly state
that this Agreement has been terminated in accordance with its terms, is no longer of any force
and effect except for those provisions hereof which expressly survive termination, that the rights,
duties and obligations of the parties hereto have been terminated and released (subject to those
surviving provisions hereof).
(b) The certificate described in subsection (a) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pinellas County, Florida. The cost of recording the termination certificate shall be
paid by the Agency.
ARTICLE 9
MISCELLANEOUS
9.1 Amendments. This Agreement may be amended by the mutual written agreement
of the Agency and the City at any time and from time to time, which amendments shall become
effective upon filing thereof with the Clerk of the Circuit Court of Pinellas County, Florida,
pursuant to Section 163.01(11), Florida Statutes.
9.2 Agreement Constitutes Contract. The Agency and the City acknowledge that the
parties hereto will rely on the pledges, covenants and obligations created herein for the benefit of
the parties hereto, and this Agreement shall be deemed to be and constitute a contract between
the Agency and the City as of the Effective Date.
9.3 Assignment. Neither party may assign or transfer any or all of its duties, rights,
responsibilities, or obligations under this Agreement to any other party or any person not a party
to this Agreement without the express prior approval of the other party to this Agreement.
9.4 Severability. The provisions of this Agreement are severable, and it is the
intention of the parties to confer the whole or any part of the powers herein provided for and if
any of the provisions of this Agreement or any other powers granted by this Agreement shall be
10
held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said
court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby
declared to be the intent of the parties hereto that this Agreement would have been adopted,
agreed to, and executed had such unconstitutional, invalid or void provision or power not been
included therein.
9.5 Controlling law. Any and all provisions of this Agreement and any proceeding
seeking to enforce and challenge any provision of this Agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Pinellas
County, Florida.
9.6 Members of the Agency and City Not Liable.
(a.) All covenants, stipulations, obligations and agreements of the Agency and the
City contained in this Agreement shall be deemed to be covenants, stipulations, obligations and
agreements of the Agency and the City, respectively, to the full extent authorized by the Act and
provided by the Constitution and laws of the State of Florida.
(b.) No covenant, stipulation, obligation or agreement controlled herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or future individual
member of the governing body or agent or employee of the Agency or the City in its, his or their
individual capacity, and neither the members of the Governing Body of the Agency or the City or
any official executing this Agreement shall individually be liable personally or shall be subject to
any accountability by reason of the execution by the Agency or the City of this Agreement or any
act pertaining hereto or contemplated hereby.
9.7 Expiration of Agreement.
(a.) This Agreement shall be effective immediately upon filing with the Clerk of the
Circuit Court of Pinellas County, Florida after execution by both parties and shall expire and
terminate by its own terms without further notice or action by any party hereto on the tenth
(amended) anniversary of the Effective Date or when Agency has repaid the City the total due to
the BCRLF as specifically provided for herein.
(b.) The parties covenant and agree that upon this Agreement expiring and terminating
on the Expiration Date, all rights, privileges, obligations and responsibilities of any party
hereunder shall expire and be of no force and effect, except to the extent any provision hereof
expressly survives the Expiration Date.
9.8 Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is
intended or shall be constrned to confer upon any person, firm or corporation other than the
parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this
Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and
all its provisions are intended to be and are for the sole and exclusive benefit of the parties
hereto.
11
9.9 Notices. Any notice, demand, direction, request or other instrnment authorized or
required by this Agreement to be given or filed with the Agency or the City shall be deemed
sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail,
return receipt requested, or by direct personal delivery:
To the Agency,
addressed to
Community Redevelopment Agency of the City of
Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: Executive Director
To the City,
addressed to
City of Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: City Manager
9.10 Execution of Agreement. This Agreement shall be executed in the name of the
Agency by its Chairman and Executive Director and the seal of the Agency affixed hereto and in
the name of the City by its Mayor and City Clerk, and approved as to form and execution by the
City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on
this Agreement ceases to hold office before all officers shall have executed this Agreement or
prior to the filing of this Agreement as provided in Section 9.11 hereof, his or her signature shall
nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of,
or may be signed by, such individuals as at the actual time of the execution of this Agreement
shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall
be deemed to have been duly and properly executed even though on the Effective Date any such
individual may not hold such office.
9.11 Filing With Circuit Court Clerk. The City Clerk is hereby authorized and directed
after approval of this Agreement by the Governing Body of each of the Agency and the City and
the execution thereof by the duly qualified and authorized officers of each of the parties hereto as
provided in Section 9.10 hereof, to file this Agreement with the Clerk of the Circuit Court of
Pinellas County, Florida, as provided in Section 163.01(11), Florida Statutes.
9.12 Effective Date. This Agreement shall become effective immediately upon filing
with the Clerk of the Circuit Court of Pinellas County, Florida, as provided in Section
163.01(11), Florida Statutes.
9.13 Maintenance of Records. The parties will keep adequate records and supporting
documentation applicable to this contractual matter in accordance with the terms and conditions
of the Cooperative Agreement. Agency shall provide all reports necessary for the City to meet its
reporting requirements with the EP A, as determined by the City. In addition, the Agency shall
12
maintain and submit any and all reports in compliance with local, State and Federal law.
9.14 Compliance with Applicable Law. The parties hereto agree to comply with
requirements of all applicable Federal, State and local law, rnles and regulations promulgated
thereunder.
IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement as of the day and year first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Rod Irwin, Chairperson
ATTEST:
By:
Cynthia E. Goudeau, City Clerk
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard, Mayor William B. Horne II, City Manager
Approved as to form: Attest:
Laura Lipowski, Assistant City Attorney Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrnment was acknowledged before me by ROD IRWIN and CYNTHIA
E. GOUDEAU, as Chairperson and City Clerk, respectively, of the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARW A TER, FLORIDA, on behalf of
the Agency, this day of , 2006.
My Council Expires:
(Affix notarial seal)
Notary Public
13
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrnment was acknowledged before me by WILLIAM B. HORNE II and
CYNTHIA E. GOUDEAU, as City Manager and City Clerk, respectively, of the CITY OF
CLEARWATER, FLORIDA, on behalf of the City, this day of
,2006.
My Council Expires:
(Affix notarial seal)
Notary Public
14
EXHIBIT A
RESOLUTION NO. 05-19
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE USE OF UP TO $350,000
FROM FUNDS PROVIDED TO THE CITY BY THE UNITED
STATE ENVIRONMENTAL PROTECTION AGENCY AS
PART OF THE BROWNFIELDS CLEANUP REVOLVING
LOAN FUND PROGRAM TO PROVIDE FOR THE
CLEANUP OF THE CLEARWATER AUTOMOTIVE SITE
OWNED BY THE COMMUNITY REDEVELOPMENT
AGENCY AND PROVIDING THE BASIS FOR THE
REPAYMENT OF THE FUNDS BY THE REDEVELOPER
OR OTHER PRIVATE ENTITY WHO ULTIMATELY
OCCUPIES THE SITE OR OTHERWISE BY THE CITY,
SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property, located at 205, 317, 319 South Martin Luther King
Avenue and 312 S. Washington Avenue, (the "Site") in the City of Clearwater is located
in a community redevelopment area as lawfully established; and
WHEREAS, a Community Redevelopment Agency has been established and is
authorized to exercise the extensive and broad redevelopment powers contained in the
Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the
"Act"); and
WHEREAS, the City of Clearwater is the custodian of funds and "lending
institution" pursuant to the. Brownfields Cleanup Revolving Loan Fund ("BCRLF")
established; and
WHEREAS, the City desires to utilize certain funds to be provided to the City by
the United States Environmental Protection Agency (the "EPA") as part of the
Brownfields Cleanup Revolving Loan Fund (the "BCRLF") to assist the CRA in the
exercise of such redevelopment powers as contained in the Act in order to provide for
the environmental cleanup of the Site so that it is available to developers and other
private parties for economic redevelopment of the site consistent with the Act; and
WHEREAS, such funds will be provided by the EPA to the City as needed to
meet. specific expenses properly incurred by the CRA in connection with contracts
entered into directly by the CRA for the environmental cleanup of the Site; and
WHEREAS, the Site is, or will be by the date of BCRLF loan closing, owned by
the CRA, which is in a better position to convey the Site to a developer or other private
entity if the CRA provides for the environmental cleanup of the Site; and
Resolution No. 05-19
WHEREAS, there will be money available within the BCRLF in Account # 181-
99802 for such purposes when needed; and
WHEREAS, the City desires to set forth the basis for the use of such funds as
received from the EPA for the Site and the method of repaying such funds into the
BCRLF; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City is hereby authorized and directed to appropriate funds
available or to be made available by the EPA in the BCRLF, to the CRA in the amount
of up to $350,000.00 for the purposes of providing for the environmental cleanup of the
Site.
Section 2. As part of the use of such funds the City hereby incorporates by
reference the requirements and conditions of the EPA as contained in the Cooperative
Agreement between the City and the EPA in connection with the establishment of the
BCRLF, and summarized in the attached Exhibit 1, including the requirement that the
cleanup be completed within one year of the commencement thereof unless otherwise
extended by the EPA. The City also agrees that it and/or the CRA shall provide in any
contract for such environmental cleanup any language required by the EPA in
connection therewith.
Section 3. The funds so appropriated by the City from the BCRLF and utilized by
the CRA for this purpose shall be repaid to such BCRLF by the City or the CRA either
from: a) amounts repaid to the City or the CRA from the private developer or another
party to whom the CRA ultimately conveys the Site following the environmental cleanup
provided for herein; b) TIF funds; c) the General Fund of the City through budget
appropriations in subsequent years so that such BCRLF may be made available by the
City for the environmental cleanup of the other sites; the property is unable to be sold
after a reasonable time (within five years of the completion of the environmental
cleanup provided for herein); d) other means legally sufficient and approved byEPA.
Any payment from the City of Clearwater General Fund is subject to the annual
appropriations process.
Section 4. The City agrees that it will require the CRA to in turn require the
developer or other person or entity to whom the Site is conveyed following the
environmental cleanup herein authorized, to pay the City the necessary amount to
repay into the BCRLF the amount appropriated herein for the cleanup of the Site as
part of the Contract for Purchase and Sale.
2
Resolution No 05-19
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 19th day of May
,2005.
4~ f( ~
F-.carik V. Hibbard .
Mayor
Approved as to form:
Attest:
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3
Resolution No 05-19
Resolution No. 05-19
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA
and consistent with the NCP for the percentage of funds originating from EP A.
ELIGIBLE ACTIVITIES
· Clearwater BCRLF pilot funds will be used for environmental cleanup activities on
contaminated redevelopment sites in the City's designated Brownfields area. BCRLF
cleanups will meet the NCP requirements identified for non-time critical cleanup actions-
i.e., cleanup actions for which a planning period of at least 6 months exists. These include
actions associated with removing, mitigating, or preventing the release or threat of a release
of a hazardous substance, pollutant, or contaminant.
· BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat
of a release of hazardous substance, or at sites which pose a substantial danger to the public
health or welfare.
· BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and
necessary during the cleanup process.
· BCRLF funds may be used for costs associated with meeting public participation, worker
health and safety, and interagency coordination requirements.
INELIGIBLE ACTIVITIES
· Clearwater BCRLF money from EP A will not be used on site assessment, identification and
characterization, remediation of a naturally occurring substance or public or private drinking
water supplies that have deteriorated through ordinary use; development activities that are
not removal actions (e.g., construction of a new facility, marketing of property, or job
training); remedial actions at sites listed or proposed for listing on the USEP A National
Priorities List remedial actions at sites subject to ongoing Federal or State enforcement
actions or remedial actions at Resource Conservation and Recovery Act (RCRA) permitted
or interim status facilities.
· Clearwater BCRLF money from EP A will not be given to a party which is determined to be a
generator or transporter of contamination at a brownfields site(s) for work on that site.
· EP A BCRLF Pilot funds will not be used to clean up products that are part of the building
structure and result in exposure within the structure.
Resolution No. 05-19
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
· EP A funded BCRLF Pilot funds will not be used for cleanup at site contaminated by
petrolewn products, unless they are believed to be co-mingled with a hazardous substance,
pollutant, or contaminant.
OTHER REQUIREMENTS
· BCRLF cleanups will meet the National Contingency Plan public participation requirements
including ensuring the availability of documents, providing adequate public comment
periods, and designating a spokesperson to inform the community of actions concerning the
site.
· Docwnent use of all funds, maintaining records which segregate expenditures from Federal
and non-Federal sources. Federal expenditures are subject to Federal regulations governing
the use offederal money.
· Maintain docwnentation for a minimwn of 10 years after the completion of the cleanup
activity supported by the loan or for the length of the loan, whichever is longer, and obtain
written approval from EP A prior to disposing of records.
· Use of no more than 15 percent of the loan for allowable administrative activities.
· Upon selection of a site for cleanup under the cooperative agreement, provide EP A with a
site description, including: location of site, physical characteristics of site (i.e., geology,
proximity to drinking water supplies), nature of release at site (i.e. contaminant type and
affected media), past response actions at site, and response actions still required at site.
· Prior to the disbursement of funds, an acceptable loan application package must be
completed. This application includes a Memorandwn of Agreement with Atlanta DEP. The
Application Package will include BSRA and certification that the response activities have
been coordinated with other State agencies, and will identify the contact names for site
project management and for coordination with the State offices. In addition, the application
package will include a site-specific Community Relations/Involvement Plan, a site-specific
Health and Safety Plan, and a site-specific Quality Assurance Project Plan.
· Projects funded by EP A money through the BCRLF must comply with applicable federal
regulations regarding procurements, conflicts of interest, political activities, and hiring of
personnel; federal, state and local laws, regulations, and ordinances, including the following:
Resolution No. 05-19
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
1. Title VI of the Civil Rights Act of 1964 (public Law 88-352, 42 V.S.C. Section 2000-d),
which prohibits discrimination on the basis of race, color or national origin~
2. Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. Section 794), which prohibits
discrimination on the basis of handicap~
3. The Age Discrimination Act of 1975, enacted as an amendment to the Older Americans Act
(public Law 94-135), which prohibits unreasonable discrimination based on age~ and
4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.), which
prohibits discrimination on the basis of sex in education programs and activities, including
those not offered or sponsored by an education institution~
5. Federal Fair Labor Standards Act (29 V.S.C. Section 201) which sets minimum wage and
maximum hours~
6. Section 114 of the Clean Air Act, as amended (42 V.S.C. Section 1857, et. seq.)and Section
308 of the Federal Water Pollution Control Act (33 V.S.C. Section 1857, et seq.), as well as
other applicable requirements specified in said Acts and all regulations and guidelines issued
thereunder~
7. Executive Order 11990, relating to the protection of wetlands;
8. Executive Order 11988, relating to flood plain management;
9. National Environmental Policy Act of 1969 (Public Law 91-190) and Executive Order
11514, Protection and Enhancement of Environmental Quality as amended by Executive
Order 11991;
10. Section 106 of the National Historic Preservation Act of 1966 as amended (15 U.S.C. Section
470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966
(16 V.S.C Section 469a-1 et seq.) by consulting with the State Historic Preservation Officer
as necessary to identify properties which may suffer adverse effects as a result of this project.
11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts which have
or are anticipated to yield in excess of $10,000 within 12 months in carrying out the project
will include this clause.
12. Coordination with identified State agencies.
~'.:tr~l-
P.lERCE
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LOCATOR MAP
EXHIBIT B
SUBJECT PROPERTY TO BE
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CJTY TO THE CRA
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EXHIBIT B
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701004
Table 1. 8ite Identification
FF::i:':)!i :;j:{:;:-;;< ,-.. -::. ',. .:~' .' - -; ... (.,::; ; :', .:; ;-i.: ',:~ -: ':-~ :;. :;'. -~1~;~t_;,i~'j::T"
152915651960000030 2058 Martin
Luther Kin
152915651960000034 Vacant Parcel
330 FT ofW 150Ft of Lot 3 &
E 157Ft ofW 307 Ft Less
850FT ofE 157Ft ofW 307FT
Of Lot 3
N 50FT of8 100Ft ofE 157FT ofW
307FT of Lot 3
832FT ofN 50FT ofW 150 FT of Lot 6
152915651960000035 Vacant Parcel
152915651960000060 3178 Martin
Luther Kin
152915651960000061 3198 Martin
Luther Kin
152915651960000062 Vacant Parcel
152915651960000063 Vacant Parcel
N 50FT of8 100FT ofN 150 FT ofW
150FT of Lot 6
850FT ofN 150FT ofW 150FT of Lot 6
E 157FT ofW 307FT ofN 150FT of Lot 6
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for environmental demolition, debris and soil removal at the Clearwater Automotive
Salvage Yard Brownfields Site No. BF97493703 to Jamson Environmental for the sum of $218,491.26,
which is the lowest responsible bid received in accordance with the plans and specifications and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Automotive Salvage Yard in the Town Lake area of the downtown has long been considered
an impediment to the redevelopment of the area. For this reason, the City acquired the 3.4-acre +/- property
through a real property exchange on July 17,2003. Due to the "value added" incurred in obtaining these
parcels, the city accepted these parcels "as is" and without warranties, and is responsible for the demolition of
all structures, and for any future environmental due diligence and mitigation. To prepare the site for
redevelopment, Phase I and II environmental site assessments, a Quality Assurance Project Plan, and an
approved Brownfields Site Rehabilitation Agreement have been completed and funded from our federal
Brownfields grants. The property was also transferred from City to Community Redevelopment Agency
(CRA) ownership because the CRA would be in a better position to convey the site for redevelopment if it
provides for the cleanup of the site. The CRA was able to take advantage of the City's Brownfields Cleanup
Revolving Loan Fund (BCRLF) to provide for the cleanup of the site. The City Council adopted resolution
#05-19 on May 19,2005, which authorized the $350,000 loan to the CRA to be used for further remedial
activities at the site. However, because the City is in a better position to enter directly into contracts for
environmental cleanup of the site, the City and CRA entered into an lnterlocal Agreement so that the two
entities would work together to cleanup the site and prepare it for redevelopment. The next step in the cleanup
process is the excavation and offsite disposal of building foundations and sub-grade structures (including
tanks/sumps); and excavation, staging and offsite disposal of contaminated debris and soils. Additional
supplemental site assessment activities will be performed by the TBE Group (our environmental consultants)
under separate contract and paid for by other Brownfields funds. A mandatory pre-bid conference was held
for all prospective bidders on May 31, 2006 at 317 South M.L. King Avenue. The bids were due June 12,
2006. Jamson Environmental was the lowest responsible bid at $218,491.26. This project will start
immediately after award and execution of contract. Funding for this project is being provided by the CRA
intergovernmental loan from the BCRLF and other Brownfields grants.
Type:
Current Year
Budget?:
Other
Yes
Budget Adjustment: None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
218,491.26
Annual Operating
Cost:
Total Cost:
o
218,491.26
05 to 06
Appropriation
Code
0-181-99885-
530100-552-000-
0000
Amount
Appropriation Comment
210,485.00
0-181-99802-
530100-559-000-
0000
8,006.26
Bid Required?:
Other Bid /
Contract:
Yes
Bid Number:
BF97493703
Bid Exceptions:
None
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
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I Environmental Demolition,
I Debris and Soil Removal
I Clearwater Automotive Salvage Yard
I Brownfields Site No. BF97493703
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CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
prepared for
~ Clearwater
-
u
ISSUED FOR BID
May /2006
~
Addendum 1
City of Clearwater Contractor Solicitation
Environmental Demolition, Debris and Soil Removal
Clearwater Automotive Salvage Yard
Brownfields Site No. BF97493703
Bid Opening - June 12, 2006
1:30 p.m.
Following are Contractor comments and City of Clearwater / TBE Group, Inc. responses related
to the referenced solicitation.
Comment 1 - The bid indicates the hours of operation; however, it does not spec(fy how the
contractor should route traffic? With the loadouts of concrete and soil anticipated, are ther any
restrictions on staging or routing of trucks in this area?
Response: Two restrictions for staging concrete or other material on site are 1) that potentially
impacted materials should not be staged on the previous residential lots and 2) materials stored
overnight must be staged on impervious surface, covered and protected from storm water
impacts. For routing of trucks, the Contractor is instructed to NOT use Cleveland Street. Trucks
should enter ML King off of Court Street. Any other routing instructions will be provided to the
selected Contractor in a pre-construction meeting.
Comment 2 - It is my understanding that the estimated amounts of "hazardous" materials for
disposal is not based on any analytical results, but the possibility that the contents of the
underground vaults may be hazardous substance, is this correct?
Response: That is correct. There is no known "listed" hazardous waste at this site. A line item
for hazardous waste disposal was included in the bid documents to address' waste that might
exhibit hazardous characteristics based on future analysis.
Comment 3 - As part of the excavation phase of the 'vvork, the target criteria for soil will be the
residential guidance concentrations. Is this correct?
This is correct; however, the extent of soil excavation is to be determined through supplemental
assessment activities that will be performed by the City after initial source and slab removal
activities are complete, prior to the second mobilization to the site. TBE and the PDEP will
detennine the volume of soil to be excavated based on this standard.
Comment 4 - Depth to water on site is approximatezy 8 ft bls. The bid documents do not make
this clear, but the depth o.lexcavation will be less than 8feet in most areas, is this correct?
See response to comment 3. The City of Clearwater will work with the PDEP to detennine the
final extent of excavation. If extensive soil impacts are encountered, excavation will likely be
C:\Documents and Settings\Kathleen.Bedini\Local Settings\Temporary Internet Files\OLK2BF\Addendum l.doc
..
limited to the upper 2-ft, with engineering and institutional controls placed on the property to
prevent future exposure.
Comment 5 - What parameters are being requested for the confirmatory sampling and stockpile
sampling? Is there afitlllist o.fidentified compounds at the site we can use?
Parameters that have been detected above the residential SCTL levels have included:
naphthalene, methylnaphthalene, TRPH, P AHs, arsenic and chromium. TBE will perform
confirmation sampling. For stockpile sampling, the Contractor is required to provide analyses
that ensure waste profiles meet the requirements of the waste disposal facility, and that the
selected facility is appropriately permitted to manage the waste. The Contractor will be
responsible for these analyses; however, TBE and City of Clearwater must approve the disposal
facility(ies) that is/are selected by the Contractor.
Comment 6 - Does the on-site fencing have to remain in place or does the Contractor have the
option to replace all or portions ofit should the excavation warrant it?
The Contractor may remove portions of the fence to facilitate daily excavation actIvItIes.
However, the Contractor must return the fence to the original condition upon completion of
these activities, at their own expense.
Comment 7 - As 1 understood the original bid, all trees on site are to remain in place. is this
correct?
Yes. All trees are to be protected from damage and are to remain on site.
Comment 8 - Will the remediation contractor be require to replace or abandon any o.f the on site
wells?
No.
Comment 9 - As noted in the pre-bid meeting, excavation will be to the fenceline and no fitrther,
is this correct?
This is correct. However, if significant contamination is determined to extend beneath the
fenceline, then the excavation may be extended to address this contamination.
Comment 10 - As 1 had mentioned at the pre-bid, I am assuming that BaP's (P AHs) will be a
contaminant o.f concern. What is our guidance for the delineation 0.( BaP concentrations as it
may greatly affect the excavation size due to BaP equivalent calculations that will be required.
See response to comments 4 and 5 above. All slabs, foundation, and gross contamination will be
removed during the initial phase of work. After Phase I is complete, TBE will be conducting
supplemental testing to defIne the extent of remaining impacts that will require removal from the
site. Final soil removal activities will be performed as part of the second mobilization to the site.
C:\DOCLll1lents and Settings\Kathleen.Bedini\Local Settings\Temporary Internet Files\OLK2BF\Addendul1l l.doc
From: Terry Griffin [tgriffin@tbegroup.com]
Wednesday, June 07, 2006 5:32 PM
Hufford, Diane; Eckman, Alice; Bedini, Kathleen; Miles Ballogg; Richard Hagberg
glanier@envirotek1 .com; jww@act-environmental.com; dwyatt@caladesi.biz;
bob. fisher@baywrecking.com; daneterrell@earthlink.net; jrome is@remedialsolutions.net;
Gonsalves, Michael; beastman@jamsonenvironmental.com; peastman@jamsonenvironmental.com
Subject: Addendum 3 - Environmental Demolition, Debris and Soil Removal - Clearwater Auto Salvage Yard
Sent:
To:
Cc:
Dear Stakeholders,
Please find attached the final Addendum to the referenced bid specifications. No additional addenda will be
provided.
Please document in your bid submittal that you have received each of the three addenda (note - addendum 2 was
an e-mail response only).
Bids are due on Monday, June 12.
Thank you again for your interest.
<<Addendum 3.doc>>
Teny Griffin. F.G.
Senior Hydrogeologist
TBE Group, Inc.
<<Terry Griffin (E-mail).vcf>>
6/8/2006
Addendum 3
Environmental Demolition, Debris and Soil Removal
Clearwater Automotive Salvage Yard
June 7, 2006
Following are responses to additional Contractor questions regarding the referenced scope of
work.
Question 1- In the scope of work there is discussion of using a power screening method to
remove debris leaving only native soil. However, discussion at the pre-bid site meeting was
conducted indicating that screening is no longer contemplated in this scope of work. Please
confirm.
This is correct. It will be the responsibility of the Contractor to remove small automobile parts,
glass, and other small debris from the site; and power screening can be used at the discretion of
the Contractor. However, based on the amount of debris that is evident since the building
demolition phase of the project, we believe that power screening may not be necessary at this
time. However, the Contractor must be prepared to powerscreen excavated material if requrested
by the City of the Consultant. Therefore, a cost for this activity must be included in the bid
submittal.
Question 2 - There are several different types of concrete that will likely be generated as a
result of this effort. Please ident~ry which bid line item should be utilized for each of the
following:
Concrete:
Concrete without rebar acceptablefor recycle.
Concrete with rebar acceptable for recycle.
Concretefor Class III lam(fill ~r acceptable tofacility.
Contaminated concrete for Class I landfill.
Please identify how billing for concrete will be computed (l scale tickets are not available?
That bid line item price is on a per ton basis. Based on the bid documents and addendum, the
City is estimating 54,000 square foot of concrete equals 1,000 cubic yards or concrete equals
1,200 ton..,' o.l concrete, but what documentation of quantities will the City require for payment
of this line item?
The City is required to document the volumes of material that are removed trom the site,
including recycled materials. To meet this requirement, we believe weighing of the material will
be required. Three options are available for consideration: 1 - portable scales can be used on site
tor each truck, 2 - certified scales can be identitied ancl used offsite, or 3 - disposal can be
limited to facilities with certified scales.
Regarding the type of concrete, we do not have intonnation regarding the nature of the
foundation concrete and its acceptability for recycling or landtllling. Based on the limited
C:\Docnments and Settings\Kathleen.Bedini\Local Settings\Temporary Intemet Files\OLK2BF\Addendum 3.doc
amount of borings installed to date, rebar has not been encountered In the building slabs.
However, rebar may be present in footers or specific portions of the slab.
Question 3 - Please confirm that the description of Bid Line Item 10, "Load, transport and
dispose of contaminated soil and debris", subline item number three, "Non-hazardous soil -
specially permitted landfill (eg, Kleen Soil Facility)" would include concrete that is not readily
separated from the soil and concrete that is contaminated to the extent the recycler or Class III
facility will not accept it.
Yes, that is certainly one option, assuming this material will be acceptable to this disposal
facility. The City has requested a brief work plan from interested Contractors to outline where
they anticipate the different waste streams will be shipped. It is up to the Contractor to
detennine the most appropriate disposal method for each waste stream, and to provide a cost
proposal that reflects that disposal method.
Question 4 - The bid document states, "Laboratory analyses must be provided to support that
the backfill material does not contain organic or inorganic contaminants above the soil
cleanup target levels listed in Chapter 62-777, Florida Administrative Code. Please confirm
that analyses of a sample of the backfill for the eight RCRA metals (totals), volatiles (totals)
and semi-volatiles (totals) will be sufficient to satisfy this requirement.
This list of analyses appears to be sutlicient, with the addition of low level P AHs using either
EP A method 8270 or 8310.
Question 4 - The Scope of Work, Debris and Soil Di.\posal, states, "Required analyses and
documentation of acceptance of the waste material shall be the obligation of the Contractor. "
However, Attachment A, A2 Offsite DL\posal of Heavi(v Impacted Soil and Debris states the
"Sampling and Analyses will be performed by the Consultant." Attachment A also indicates
that impacted soil has been documented in some areas of the site. Please clarify.
Attachment A is a slightly outdated work plan that was submitted to the FDEP in August 2005,
prior to the auto salvage operations vacating the site and the buildings being removed. This
attachment was provided for additional support infonnation but may be inconsistent with the
specified scope of work in some instances. The scope of work will take precedence in these
instances.
Regarding analyses, the Consultant will be collecting samples periodically throughout the
program to guide additional soil or debris removal. These data will be made available and can be
used by the Contractor to assist in waste management detenninations. However, it remains the
Contractors responsibility to develop waste profiles that are required by the disposal facilities,
and to ensure proper disposition of impacted materials.
Question 5 - Would you please ident~f.v the known constituents (~l concern at this site and
disclose what ana(vses were pelformed on soil ami groundwater samples previously?
C:\Documents and Settings\Kathleen.Bedini\Local Settings\Temporary Internet Files\OLK2BF\Addendum 3.doc
As stated in response to Comment 5 in Addendum I, contaminants detected in soils above
applicable standards include, naphthalene, methyl naphthalene, TRPH, P AHs, arsenic, and
chromium.
C:\Documents and Settings\Kathleen.Bedini\Local Settings\Temporary Internet Files\OLK2BF\Addendum 3.doc
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SECTION I
ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL, CLEARWATER
AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO. BF97493703
CLEARWATER, FLORIDA
Copies of the Contract Documents and Plans for this project are available for inspection andlor
purchase by prospective bidders at the Municipal Services Bldg., Public Works Administration
Office, 2nd Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of8:30 a.m. and 4:30
p.m., on Wednesday. May 10.2006, until no later than close of business three days preceding the
bid opening. A charge of $60.00, none of which will be refunded, will be made for each set. The
complete bidders package will contain; instructions to bidders, scope of work, bid proposal form,
bond forms, contract form, and supplemental information to support Davis Bacon requirements for
this job.
The work for which proposals are invited consists of: Excavation and off site disposal of building
foundations and sub-grade structures (including tanks/sumps); excavation, staging, and offsite
disposal of contaminated debris and soils, as directed by the City or City representatives.
This project is being funded through the U.S. Environmental Protection Agency Brownfield
Revolving Loan Grant No. BL984872-99-0. Therefore, Federal regulations including, but not
limited to the following will apply to this work: Federal labor standards per 29 CFR parts 3 and 5,
Procurement Procedures per Part 85 Uniform Administrative Requirements, Affirmative Action to
achieve Equal Employment Opportunity per 41 CFR 60-4 and Section 3 provisions per 24 CFR
135, Section 306 of the Clean Water Act per 42 USC 1857(h), Section 508 of the Clean Air Act per
33 UWC 1368, Executive Order 11738 andEPA regulations per 40 CFR Part 15. The successful
Bidder will be required to furnish and pay for a satisfactory one hundred percent (100%) contract
performance and payment bond; details regarding these and other Federal Requirements are
included in the contract documents. Fifty percent (50%) of the project must be earmarked for
MBEIWBE contractors. For additional information on the federal requirements, please contact
the City of Clearwater's Economic Development Department at 727-562-4054.
A MANDATORY Pre-Bid Conference for all prospective bidders will be held on Wednesday.
May 31. 2006 at 10:00 a.m. at 317 South M.L. King Avenue, Clearwater, Florida (the NE corner of
M.L. King Avenue and Gould Street), which is the job site. Representatives of the Owner and
Consulting Engineer will be present to discuss this Project.
Sealed proposals will be received by the Purchasing Manager, at the Purchasing Office, located
at the Municipal Services Bldg., 100 So. Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-
5520, until 1:30 P.M. on Monday. June 12.2006 and publicly opened and read at that hour and
place for: ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL,
CLEARWATER AUTOMOTIVE SALVAGE YARD, SITE NO. BF97493703.
The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids.
The City of Clearwater, Florida
William B. Horne, II, City Manager
SectionI.doc
Page 1 of 1
Revised: 5/1 1/2005
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Section II
Instructions to Bidders
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
INSTRUCTIONS TO BIDDERS
TBE Project No. 00083.127.03
To be considered, Proposals must be made in accordance with these Instructions
to Bidders.
1. Examination of Plans, Specifications and Site:
A. Before preparing a bid, the Bidder is required to examine carefully the site of
work, the Proposal, Plans and Technical Specifications of the Contract
Documents and all issued addenda, and it will be assumed the Bidder has
investigated and is fully informed as to the conditions to be encountered; the
character, quality and quantities of work to be performed and the materials to
be furnished to complete The Work. The Bidder's attention is called to the fact
that when quantities are given these are estimated and Bidder should verify
same.
B. Before submitting a Proposal, the Bidders shall fully inform themselves as to all
existing conditions and limitations, and shall include in their Proposal(s) a sum
to cover the cost of all items prescribed for The Work in the Contract
Documents.
2. Addenda and Interpretations:
A. Any and all interpretations and supplemental instructions by the Project
Manager as to the meaning of the Plans, Specifications or to the other Contract
Documents shall be made in the form of a written addendum.
B. Every request for such interpretation should be in writing addressed to Terry
Griffin, PG,; TBE Group, Inc., 380 Park Place Boulevard, Suite 300, Clearwater,
Fl., 33759 AND Glen L. Bahnick, 100 S. Myrtle Avenue #220, Clearwater, FI
33758-4748. To be given consideration, the request must be received at least
five (5) days prior to the date fixed for the opening of bids.
C. All written addenda and interpretation by the Engineer, if issued, will be
delivered to all bidders of record at the respective addresses furnished for such
purpose, not less than three (3) days prior to the date fixed for opening of bids.
Failure of any Bidder to receive such addenda shall not relieve said Bidder of
obligation under his bid as submitted. All addenda issued shall become a part
of the Contract Documents, and Bidders may be required to acknowledge such
addenda on the Proposal Form (Addendum Acknowledgement Form attached)
3. Estimated Quantities:
A. The quantities listed in the Proposal Forms are to be considered as
approximate and are to be used for the comparison of bids only. The unit
prices to be tendered by the bidders are to be tendered expressly for the
schedule quantities as they may be (a) increased or decreased or omitted
completely as further described herein these Contract Documents, or (b)
increased pursuant to a supplemental agreement for additional work as further
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
described herein these Contract Documents. Payment, except for lump sum
items in unit price contracts, will be made to the Contractor for the actual
quantities only of work performed or materials furnished in accordance with the
Plans and Specifications and it is understood that the scheduled quantities of
work to be done and materials to be furnished may each be increased or
diminished as hereinafter provided without in any way invalidating the unit bid
prices.
B. Where there is a conflict between the unit bid price and the extension thereof
made by the Bidder, the unit bid price shall govern and the City shall be
authorized to make a correct extension of such unit bid price and to use such
corrected extension in comparing bids.
C. Proposals will be evaluated based on the estimated item quantities indicated on
the Proposal Form, and these estimated quantities mayor may not be the
actual quantities needed under this contract.
4. Substitutions:
A. To obtain approval to prepare a bid item to use unspecified products or
equivalent alternative methods of segregation and/or disposal, bidders shall
submit written requests to the Project Manager at least seven (7) days before
the bid date. Requests received after this date will not be considered.
Requests shall clearly describe all data necessary to demonstrate acceptability.
If the product or method is acceptable, the Engineer will approve it in an
addendum issued to all bidders on record.
5. Disqualification:
A. The City reserves the right to disqualify Proposals before or after opening, upon
evidence of collusion with intent to defraud or other illegal practices upon the
part of the bidder.
B. The City may consider any bid non-conforming which is not prepared and
submitted in accordance with the provisions of the bid documents and may
waive any informality(ies) or reject any and all bids.
C. Proposals may be considered irregular and may, at the sole options of the City,
be rejected if they show omissions, alterations of form, additions not called for,
conditions or unauthorized alternate bids, or irregularities of any kind.
D. The City reserves the right to reject any bid, if the evidence submitted by the
Bidder or an investigation of such Bidder fails to satisfy the City that such
Bidder is properly qualified to carry out the obligations and to complete the work
within the agreed time. In addition, the City reserves the right to reject any
bidder which the City determines, in its sole and absolute discretion, is not
responsible. The City also reserves the right to reject all proposals and to re-
advertise.
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
6. Submittals:
A. All bids must be submitted in accordance with the Request for Bids, in opaque
sealed envelopes having on the outside the name of the Bidder and address,
the name of The Work for which the bid is submitted, and the date and time of
bid opening. If forwarded by mail, the sealed envelope addressed to the
attention of Purchasing Manager, Municipal Services Bldg., 100 So. Myrtle
Ave., 3rd Floor, Clearwater, Florida 33756-5520, containing the bid and marked
as directed must be enclosed in another envelope also addressed and marked
as directed and sent by registered mail.
B. Proposals must be submitted on the Proposal Form furnished and as set forth
hereinafter. Bidders shall submit the signature page only of the Proposal
Form on bidder's business letterhead. In the event a revised Proposal Form is
included in an Addendum, the revised Proposal Form should be used. Do not
change the wording, add limitations or conditions, or make alternate proposals.
Bidder must include all items exactly as shown on the Proposal forms. All
blanks must be filled in. Failure to comply will be cause for rejection, at the sole
option of the City.
C. If the Proposal is made by an individual, his name and post office address must
be shown. If made by a partnership, the business address of the partnership
and the names and addresses of all partners must be shown. If made by a
corporation, the State wherein the corporation was chartered and the business
address of the corporation must be shown. If the Contractor is a corporation of
a state other than Florida, the Contractor must be registered to do business in
the State of Florida as a foreign corporation. Proposals must be signed by the
person or member of the firm preparing the same, and in the case of a
corporation, by an authorized officer of said corporation, subscribing the name
of the corporation with his own name.
D. Only one Proposal from an individual, firm, partnership or corporation under the
same or different names will be considered.
E. A City of Clearwater Contract Agreement is included in the bid package and
shall be reviewed by the Contractor to determine their willingness to agree to
the terms and conditions set forth in the Contract, prior to submitting a
proposal.
7. Modification and Withdrawal:
A. Proposals may not be modified after submittal. No bid may be withdrawn after
it is filed unless the Bidder makes his request in writing to the City prior to the
time set for the opening of bids, or unless the City fails to accept his bid within
the time specified in the Instructions to Bidders after the date fixed for opening
bids. A withdrawn bid shall not be re-submitted.
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
8. Openinq of Bids:
A. Sealed bids will be received and opened at the time and place specified in the
Advertisement for Bids or as modified by Addendum, for The Work covered by
the Plans and the Contract Documents. Any bid submitted after the time and
date specified for the bid opening shall not be accepted, unless determined
advantageous to the City of Clearwater.
B. Bidders or their authorized agents are invited to be present at the opening of
bids.
9. Bid Evaluation and Award of Contract:
A. The award of the contract, if made, will be within one hundred and twenty (120)
days after the opening of the Proposals.
B. Award of City contracts are typically made to the lowest responsive and
responsible bidder, as determined by the City, in its sole and absolute
discretion, considering all relevant facts and information. Unbalanced bids on
any item may be cause to eliminate that item from the price schedule or to
reject the entire proposal as may be determined by the City.
C. In determining whether a particular Bidder is responsible or competent to bid on
the project, the City will consider:
a. CONTRACTOR meets the City's minimum experience requirements for
project.
b. Experience on similar projects.
c. Staff and equipment dedicated to project.
d. Current construction projects.
e. CONTRACTOR's bonding capacity and financial strength.
f. Meeting or exceeding goals.
g. Whether CONTRACTOR's is a minority or disadvantaged business
enterprise (MBE/DBE) or will meet MBE/DBE requirements set forth in the
bid specifications.
h. CONTRACTOR is licensed for performing the work.
i. References with contact names and telephone numbers.
j. Contract defaults, terminations for cause, debarments, project claims and
litigation history for the past five years.
10. Contract Amount and Funds Availability
A. I n the event that the lowest responsive and responsible bid exceeds the
authorized Project Budget, the City shall have the right not to award a contract
or alternatively may negotiate Value Engineering cost reduction items with the
low bidder, which will assure a Contract amount(s) within thB project's funds
availability.
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
I nstructions to Bidders
11. Indemnification
A. The winning bidder, as part of it's Contract with the City, shall be required to
indemnify, defend and hold harmless the City of Clearwater, Florida, from and
against all claims, losses and costs resulting in whole or in part, from
performance under the Contract or from allegations of negligence or breach of
Contract by the Contractor. In consideration, the City shall pay to Contractor,
as part of the stipulated contract price, the sum of Twenty-Five dollars ($25.00).
12. Bid Alternates
A. The City reserves the right in its sole determination to select or dismiss any Bid
Alternate for inclusion in the Contract Award.
B. To assist potential bidders in preparing and submitting completed Bid
Proposals, the following Form BI-1 is attached for the bidders use.
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
Form 81-1
BID SUBMITTAL REVIEW
1. Bidder acknowledges Addendum when issued.
2. Unit Bid Price entries are correctly extended and addition is correct.
3. Proposal is free of alterations of the form, additions not called for, conditions or
unauthorized alternate bids or irregularities.
4. Proposal submitted on the City Proposal Form with the signature page on the
Bidders letterhead.
5. Proposal submitted on addendum Proposal Form when issued.
6. Bidder identifies type of business entity; submits properly executed proposal.
7. Bidder submits only one proposal.
8. Proposal is signed by an authorized individual.
9. Bidder indicates if it is a certified minority or disadvantaged business enterprise.
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
CITY OF CLEARWATER
ADDENDUM ACKNOWLEDGEMENT SHEET
PROJECT: Clearwater Automotive Salvage Yard Environmental Demolition and
Soil Removal
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
Attachment A
Davis Bacon Act-Related Forms
(Please note that the following forms are to be submitted, at a minimum.
Additional forms may be required to demonstrate compliance with the Act)
Attached Forms
. Statement of Compliance Form WH-348 (during implementation of the work)
. Certification Regarding Lobbying (With Bid Submittal)
. Certification of Eligibility Under Federal Procurement Requirements (With Bid
Submittal)
. Non-collusion Affidavit of Prime Bidder (with Bid Submittal)
. Bid Bond (with Bid)
. Performance Bond within 10 days of Notice of Award
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Section III
General Conditions
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Section III - General Conditions
1 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of Bids which clarify, correct
or change the Bidding Requirements or the contract documents.
Agreement
The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Application for Payment
The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
Approve
The word approve is defined to mean satisfactory review of the material, equipment or
methods for general compliance with the design concepts and with the information given
in the Contract Documents. It does not imply a responsibility on the part of the Engineer
to verify in every detail conformance with the Drawings and Specifications.
Bid
The offer or proposal of the bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
Bidding Documents
The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the
proposed Contact Documents (including all Addenda issued prior to receipt of Bids).
Bonds
Performance and payment bonds and other instruments of security.
Change Order
A written order to Contractor signed by Owner and Contractor authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued on or after the effective date of the Agreement.
City
The City of Clearwater, Florida.
Contract Documents
The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the bid and any post-Bid documentation
submitted prior to the execution ofthe Agreement) when attached as an exhibit to the
Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits
identified in the Agreement, together with all Modifications issued after the execution of
the Agreement.
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for performing the Work.
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Section III - General Conditions
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Contract Time
The number of days or the date stated in the Agreement for the completion of the Work.
Contractor
The Person with whom the Owner has entered into the Agreement.
Day
A calendar day of twenty-four hours measured from midnight to the next midnight.
Defective
An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to Engineers recommendation of final
payment.
Drawings
The drawings, which will be identified in Technical Specifications or the Agreement,
which show the character and scope of the Work to be performed and which have been
prepared or approved by Engineer and are referred to in the contract documents. Shop
drawings are not Drawings as so defined.
Engineer
The duly appointed representative of the City Manager ofthe City of Clearwater. For the
purposes of this contract, the City Engineer or his duly appointed representative.
Engineer's Consultant
A Person having a contract with Engineer to furnish services as Engineer's independent
professional associate or consultant with respect to the Project and who is identified as
such in the Supplementary Conditions.
Furnish
The words "furnish", "furnish and install", "install", and "provide" or words of similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and
install complete in place and ready for service".
Inspection
The term "inspection" and the act of inspecting means examination of construction to
ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseemg.
Laws and Regulations
Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind
of governmental bodies, agencies, authorities and courts having jurisdiction.
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Liens, charges, security interests or encumbrances upon real property or personal
property.
Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
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Liens
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Section III - General Conditions
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
Person
A natural person or a corporation, partnership, firm, organization, or other artificial
entity.
Project
The total construction of which the Work to be provided under the Contract Documents
may be the whole or a part as indicated elsewhere in the Contract Documents.
Partial Utilization
Use by Owner of a substantially completed part of the Work for the purpose for which is
intended (or a related purpose) prior to Final Completion of all the Work.
Shop Drawing
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
supplier and submitted by Contractor to illustrate material or equipment for some portion of the
Work.
Specifications
Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
Subcontractor
A person having a direct contract with Contractor or with any other Subcontractor for the
performance of a part of the Work at the site.
Substantial Completion
The Work (or a specified part thereof) which has progressed to the point where, in the
opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract documents, so
that the Work (or specified part) can be utilized for the purposes for which it is intended;
or if no such certificate is issued, when the Work is complete and ready for final payment
as evidenced by the Engineer's recommendation of final payment. The terms
"substantially complete" and "substantially completed" as applied to an or part of the
Work refer to Substantial Completion thereof.
Supplementary Conditions
The part of the Contract which amends or supplements these General Conditions.
Supplier
A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by the Contractor.
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Section III - General Conditions
Surety
Any person, firm or corporation which is bound with Contractor and which engages to be
responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
Underground Facilities
All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any ofthe following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or treatment, traffic or other control systems or
water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Work
The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work includes and is the result
of performing or furnishing labor and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing documents, all as
required by the Contract Documents.
Work Change Directive
A written directive to Contractor, issued on or after the Effective Date of the Agreement
and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be
performed or emergencies. Work Change Directive will not change the Contract Price or
Contract Time, but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
2 PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this
contract.
2.2 COPIES OF DOCUMENTS
Engineer shall furnish to Contractor four copies of Contract Documents for execution.
Additional copies will be furnished, upon request, at the cost of reproduction.
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO
PROCEED; STARTING THE PROJECT
The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor
shall start to perform the work on the date the Contract Time commences to run. No work shall
be done at the site prior to the date which the Contact Time commences to run.
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Section III - General Conditions
2.4 BEFORE STARTING CONSTRUCTION
Before undertaking each part of the Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or
discrepancy which Contractor may discover; and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work effected thereby; however,
Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in
the Drawings or Specifications, unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer,
either before or after the execution of this Contract, shall affect or modify any. of the terms or
obligations herein contained. Contractor shall not commence any work at: any time without
approved insurance required by these General Conditions. Failure to obtain this insurance will be
the sole responsibility of the Contractor.
2.5 PRECONSTRUCTION CONFERENCE
Within twenty days of Award of Contract and before the start of the Work, the Engineer may
schedule a conference to be attended by Contractor, Engineer and others as appropriate to
establish a working understanding among the parties as to the Work and to discuss the schedule
of the Work and general Contract procedures.
3 CONTRACT DOCUMENTS, INTENT
3.1 INTENT
The Contract Documents comprise the entire Agreement between the Owner and the Contractor
concerning the Work. They may be altered only by written agreement. The Contract Documents
are complementary; what is called for by one is as binding as if called for by all. It is the intent of
the Contract Documents to describe a functionally complete project (or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment
which may reasonably be inferred from the Contract Documents or from prevailing custom or
from trade usage as being required to produce the intended result will be furnished and
performed whether or not specifically called for. When words or phrases, which have a well-
known technical or construction industry or trade meaning, are used to describe Work, materials
or equipment, such words or phrases shall be interpreted in accordance with that meaning.
Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.
Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any governmental authority, whether such
reference be specific or by implication, shall mean the latest standard specification, manual or
code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated in the Contract Documents. However, no provision of any referenced standard
specification, manual or code (whether or not specially incorporated by reference in the
responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the
duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the Contract
shall be issued by Engineer. Each and every provision of law and clause required by law to be
inserted in these Contract documents shall be deemed to be inserted herein, and they shall be
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Section III - General Conditions
read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 AVAilABiliTY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 AVAilABILITY OF lANDS
Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be Performed, rights-of-way, easements for access thereto, and such other lands which are
designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which contractor
will have to comply in performing the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided
in the Contract Documents.
4.2 INVESTIGATIONS AND REPORTS
Reference is made to the Supplementary Conditions and Technical Specifications for
identification of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparation of the Drawings and Specifications. Such
reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions at the site, or in an existing structure, differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise if further investigation or tests are necessary. Owner or Engineer shall
obtain the necessary additional investigations and tests and furnish copies to the Engineer and
Contractor. If Engineer finds that the results of such investigations or tests indicate that there are
subsurface or latent physical conditions, which differ materially from those, indicated in the
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contract Documents, and which could not reasonably have been anticipated by Contractor, a
work change or Change Order will be issued incorporating the necessary revisions.
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES
The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data furnished to
Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise
expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for
the accuracy or completeness of any such information or data; and the cost of all the following
will be included in the Contract Price and contractor shall have full responsibility for: (i)
reviewing and checking all such information and data, (ii) locating all Underground Facilities
shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of
such Underground Facilities during construction, and (iv) the safety and protection of all such
Underground Facilities and repairing any damage thereto resulting from the Work. The
Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER
prior to any excavation per State regulations and to notify any utility owners who are not a
member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any
excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the
protection and location of utilities prior to any excavation and contact number is available in
local telephone directory.
4.4 REFERENCE POINTS
Engineer shall provide engineering surveys to establish reference points for construction, which
in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and shall make no changes or relocations without the prior written approval of Owner.
Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's forces, after initial line and grade have been set, as determined by the
Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be
computed for actual time on the project. All time shall be computed in one-hour increments with
a minimum charge of one hour.
5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
Contractor's obligations under the Contract Documents. These bonds shall remain in effect at
least one year after the date when final payment becomes due, unless a longer period of time is
prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish
such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the
form prescribed by the Contract Documents and shall be executed by such sureties as are named
in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on
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Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of such
agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section
255.05, Florida Statutes, even if such language is not directly contained within the bond and the
Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves
the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any
part of the Project is located or it ceases to meet the requirements of these Contract Documents,
the Contractor shall within five days after notice thereof substitute another Bond and surety, both
of which must be acceptable to the Owner.
5.2 INSURANCE
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of or result from Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed or
furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily
injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees; (iv) Claims for damages insured by customary personal injury liability
coverage which are sustained by any person as a result of an offense directly or indirectly related
to the employment of such person by Contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with
copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured)
which Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity
obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days prior written notice has been given to the Owner, and Contractor and to each
other additional insured identified in the Supplemental Conditions to whom a certificate of
insurance has been issued (and the certificates of insurance furnished by the Contractor as
described in this paragraph); (v) remain in effect at least until final payment and at all times
thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Article for Correction of Defective Work; (vi) with respect to completed
operations insurance, and any insurance coverage written on a claims-made basis, shall remain in
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effect for at least two years after final payment. Contractor shall furnish Owner and each other
additional insured identified in the Supplementary Conditions to whom a certificate of insurance
has been issued evidence satisfactory to Owner and any such additional insured, of continuation
of such insurance at final payment and one year thereafter and (vii) Name and telephone number
of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required shall provide coverage for not less than the
following amounts or greater where required by laws and regulations:
5.2.1
WORKER'S COMPENSATION INSURANCE
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Workers' Compensation Statuto!):' Statutory
(2) Employer's Liability $500,000. $1,000,000.
5.2.2
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. i\nnual
Aggregate Aggregate
(2) Property Damage: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
employment exclusion deleted Aggregate Aggregate
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5.2.3
COMPREHENSIVE AUTOMOBILE LIABILITY
including all owned (private and others), hired and non-owned vehicles:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Property Damage $500,000. Each $1,000,000. Each
Occurrence Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less than required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval from the Owner.
Lon2:shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.c. 932,
requires an employer, with employees in maritime employment, to secure the payment of
benefits under the Act either by insuring with an insurance carrier authorized by the U.S.
Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
For General Contractors: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to his employees ofthe compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Article on Insurance
will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or
additional insured in such policies and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors, employees and agents for all losses and
damages caused by, arising out of or resulting from any of the perils covered by such policies
and any other property insurance applicable to the work; and, in addition, waive all such rights
against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the
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rights that any party making such waiver may have to the proceeds of insurance otherwise
payable under any policy so issued. In addition, Owner waives all rights against Contractor,
Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and
agents of any of them for: (i) loss due to business interruption, loss of use or other consequential
loss extending beyond direct physical loss or damage to Owner's property or the Work caused
by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii)
loss or damage to the completed Project or part thereof caused by, arising out of or resulting
from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by Owner during partial utilization, after substantial completion or after
final payment.
6 CONTRACTORS RESPONSIBiliTIES
6.1 SUPERVISION AND SUPERINTENDENCE
Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction, but Contractor shall not
be responsible for the negligence of others in the design or specification of a specific means,
method, technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only competent persons to do the work and whenever Engineer shall
notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful,
disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall
not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as
a result of overtime work in excess of the regular working hours or on the Owner's normally
approved holidays. At Owner's option, overtime costs may either be deducted from the
Contractor's monthly payment request or deducted from the Contractor's retention prior to
release of final payment or the Engineer may elect to receive a monthly check from the
Contractor in the amount of the overtime costs. Minimum number of chargeable hours for
inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per
hour shall be $40.00 per hour.
Contractor shall provide and maintain in a neat and sanitary condition, such sanitary
accommodations for the use of Contractor's employees as may be necessary to comply with the
requirements of Laws and Regulations and the Engineer.
6.2 LABOR, MATERIALS AND EQUIPMENT
Contractor shall provide competent, suitably qualified personnel to survey, layout and construct
the work as required by the Contract Documents. Contractor shall at all times maintain good
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Section III - General Conditions
discipline and order at the site. Except as otherwise required for the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated
in the Contract Documents, all work at the site shall be performed during regular working hours
and Contractor will not permit overtime work or the performance of work on Saturday, Sunday,
or any legal holiday without Owner's consent given after prior notice to Engineer.
Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish
satisfactory evidence (including reports of required tests) as to the quality of materials and
equipment. The Contractor shall provide suitable and secure storage for all materials to be used
in the Work so that their quality shall not be impaired or injured. Materials that are improperly
stored, may be rejected by the Engineer without testing.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent or
"or equal" item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an
item of material or equipment proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may be considered by
Engineer for approval. If in the Engineer's sole discretion an item of material or equipment
proposed by Contractor does not qualify as an "or equal" item, it may be considered as a
proposed substitute item. Contractor shall submit sufficient information as required by the
Engineer to allow the Engineer to determine that the item of material or equipment proposed is
essentially equivalent to that named and is an acceptable substitute therefore. Request for review
of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other
than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a determination.
All data provided by Contractor in support of any proposed substitute or "or equal" item will be
at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or
submittal made per this paragraph. Engineer will be sole judge of acceptability.
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND
OTHERS
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions: of the
Subcontractors, Suppliers and other persons performing or furnishing any of the work under a
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Section III - General Conditions
direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor,
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating
the work of Subcontractors, Suppliers and other persons performing or furnishing any of the
work under a direct or indirect contract with Contractor. Contractor shall require all
Subcontractors, Suppliers and such other persons performing or furnishing any of the work to
communicate with the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the
work to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 USE OF PREMISES
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of works to the site and land areas identified in and permitted by the Contract
Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any adj acent land or areas, resulting
from the performance of the Work. Should any claim be made by any such owner or occupant
because of the performance of the Work, Contractor shall promptly settle with such other party
by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in
or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify
and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors,
employees and agents from and against all claims, costs, losses and damages arising out of or
resulting from any claim or action, legal or equitable, brought by any such owner or occupant
against Owner, Engineer or any other party indemnified hereunder to the extent caused by or
based upon Contractor's performance of the Work.
During the progress of the Work, Contractor shall keep the premises free from accumulations of
waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work or at intervals established by the Engineer, Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction
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equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the work or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the Contract Documents for use in
the performance of the work and if to the actual knowledge of Owner or Engineer its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and against all claims, costs, losses and
damages arising out of or resulting from any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in
accordance with the Laws and Regulations of the State of Florida and other governmental
agencies, which are applicable during the performance of the work.
6.7 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any
work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor
shall bear all claims, costs, losses and damages caused by or arising out of such work: however,
it shall not be Contractor's primary responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations to Owner to report and resolve discrepancies as described above.
6.8 PERMITS
Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time of opening of Bids.
Contractor shall pay all charges of utility owners for connections to the work, and Owner shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will
be waived.
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6.9 SAFETY AND PROTECTION
Contractor shall be responsible for initiating, maintaining and supervising all saIety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i)
all persons on the work site or who may be affected by the work, (ii) all the 'Work and materials
and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction. In the event of temporary suspension of the work,
or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause
Subcontractors, to protect carefully the Work and materials against damage or injury from the
weather. If, in the opinion of Engineer, any portion of Work or materials shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so
protect the Work, such Work and materials shall be removed and replaced at the expense of
Contractor. The Contractor shall initiate and maintain an accident prevention program which
shall include, but shall not be limited to the establishment and supervision of programs for the
education and training of employees in the recognition, avoidance and prevention of unsafe
conditions and acts. Contractor shall provide first aid services and medical care to his employees.
The Contractor shall develop and maintain an effective fire protection and prevention program
and good housekeeping practices at the site of contract performance throughout all phases of
construction, repair, alteration or demolition. Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous conditions. The
Engineer may order that the work stop if a condition of immediate danger to Owner's employees,
equipment or if property damage exists. This provision shall not shift responsibility or risk of
loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall
remain solely responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of Contract performance. The Contractor shall instruct his
employees required to handle or use toxic materials or other harmful substances regarding their
safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians
and motorists from harm, and to prevent disruptions of such traffic due to construction activity.
Contractor shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for safety of persons or property and to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and of Underground Facilities and utility owners when
prosecution of the work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to any property
caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any
other person or organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and Engineer has issued a notice to Owner
and Contractor that the Work is acceptable.
6.10
EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, Contractor, with or without special instruction or authorization from Owner or
Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer
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prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.11 DRAWINGS
6.11.1 SHOP DRAWINGS AND SAMPLES
Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the
Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to show Engineer the materials and equipment Contractor proposes to
provide and to enable Engineer to review the information. Contractor shall also submit Samples
to Engineer for review and approval. Before submitting each Shop Drawing or Sample,
Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions,
specified performance criteria, installation requirements, materials, catalog numbers and similar
information with respect thereto, (ii) all materials with respect to intended use, fabrication,
shipping, handling, storage, assembly and installation pertaining to the performance of the Work,
and (iii) all information relative to Contractor's sole responsibilities in respect to means,
methods, techniques, sequences and procedures of construction and safety precautions and
programs incident thereto. Contractor shall also have reviewed and coordinated each Shop
Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work
and the Contract Documents. Each submittal will bear a stamp or specific written indication that
Contractor has satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review and approval of that submittal. At the time of submission, Contractor shall
give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the Contract Documents, such notice to be in a
written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to Engineer for review and
approval of each such variation.
Engineer's review and approval of Shop Drawings and. Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated the Contract Documents. Engineer's
review and approval will not extend to means, methods, techniques, sequences or procedures of
construction (except where a particular means method, technique, sequence or procedure of
construction is specifically and expressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. Contractor shall make
corrections required by Engineer, and shall return the required number of corrected copies of
Shop Drawings and submit as required new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than the corrections called for by Engineer
on previous submittals.
Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless
Contractor has in writing called Engineer's attention to each such variation at the time of
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Section III - General Conditions
submission and Engineer has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor
will any approval by the Engineer relieve the Contractor from responsibility for complying with
the requirements of paragraph above discussing field measurements by the Contractor.
6.11.2 AS-BUILT DRAWINGS
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order
and legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes
or deviations which may vary from the details represented on the original Contract Plans,
including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the
construction process. The Contractor shall record the horizontal and vertical locations, in the
plan and profile, of all buried utilities that differ from the locations indicated or which were not
indicated on the Contract Plans and buried (or concealed), construction and utility features which
are revealed during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress ofthe Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance
with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests.
The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-
Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for
approval upon completion of the project and prior to acceptance of final pay request.
Prior to placing new potable water mains in service; the Contractor shall provide the Engineer
intersection drawings, as specified for the water mains.
The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness ofthe As-Built Drawings.
6.11.2.1
General
The Contractor/Consultant shall prepare an "AS-BUILT SURVEY" per chapter 61 G 17 -6,
Florida Administrative Code (see definition below), signed and sealed by a Florida registered
land surveyor. Two hard copies of signed and sealed as-builts and an AutoCAD file will be
provided for this purpose.
Definition: 61G17-6.002(8)(a) As-Builts Survey: a survey performed to obtain horizontal and/or
vertical dimensional data so that constructed improvements may be located and delineated: also
know as Record Survey.
This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida
registered land surveyor. The survey must be delivered to the City of Clearwater Construction
Division upon substantial completion of the project. If this condition is not met, the City will
procure the services of a Professional Surveyor and Mapper registered in the State of Florida and
will back charge the contractor a fee of $1 ,800 per day or any portion thereof to provide the City
with the required As-Built Survey.
6.11.2.2 Sanitary and Storm Sewer Piping Systems
1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation)
based on the approved horizontal and vertical datum or utilize the stationing supplied on the
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Section III - General Conditions
construction plans. New sanitary service connections and replaced sanitary service
connections shall be dimensioned to the nearest downstream manhole. All manholes,
cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions,
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
2. Pipe materials and areas of special construction shall be noted.
6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain)
All pipes shall be located by survey coordinates (northing, easting and elevation) based on the
approved horizontal and vertical datum or utilize the stationing supplied on the construction
plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new
and replaced service connections for potable and reclaimed water will be located as described
above. Additionally there must be survey coordinates no further than 100 feet apart on linear
type construction and shall denote top of pipe elevation at those points.
6.11.2.4 Electrical and Control Wiring
The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects where
this information is too voluminous to be contained on the blueline prints, the Contractor shall
prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional
conduit runs, I-line diagrams, ladder diagrams, and other information. The wiring schematic
diagrams shall show termination location and wiring identification at each point on the ladder
diagram.
6.11.2.5
Horizontal and Vertical Control
The As-Built survey shall be based on the original datum used for the construction design plans
or if required by the City the datum shall be referenced to the North American Datum of 1983/90
(horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be
the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical),
must be approved by the City of Clearwater Engineering Department.
6.11.2.6
Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61 G 17 and the
Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that
pertain to the as-built survey it is the requirement of the City to have minimum location points at
every change in direction and no more than 100 feet apart on all pressure pipes.
6.11.2.7
Other
The As-Built drawings shall reflect any differences from the original Contract Plans, in the same
level of detail and units of dimensions as the Plans.
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Section III- General Conditions
6.11.3
6.11.3.1
6.11.3.1.1
CAD STANDARDS
Layer Naming
Prefixes and Suffixes
DI prefix denotes digitized or scanned entities
EP prefix denotes existing points - field collected
EX prefix denotes existing entities - line work and symbols
PR prefix denotes proposed entities - line work and symbols
FU prefix denotes future entities (proposed but not part of this contract) - line
work and symbols
TX suffix denotes text - use for all text, no matter the prefix
6.
11.3.1.2 Lauer Naming De mitions:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
DRNE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOESLOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
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Section III - General Conditions
WALL walls, except seawall
SHORE shoreline, water elevation
CL centerline of road
CLD centerline of ditch
CLS centerline of swale
CORNER property comers, monumentation
BENCH benchmark, temporary benchmarks
Other layers may be created as required, using above format.
6.11.3.2 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, bylayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text
height of .010 times the plot scale.
6.11.4 DELlVERABLES:
The as-built survey shall be produced on stable based Mylar or vellum material, 24" x 36" at a
scale of 1" = 20' unless approved otherwise. The consultant shall deliver all drawing files in
digital format with all project data in Land Development Desktop (LDD) Rl or later, including
all associated dependent files. When LDD is not available, upon approval by the City of
Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing
and dependent files. The ASCII file shall be a comma or space delimited containing code, point
number, northing, easting, elevation and description for each data point. Example below space
delimited ASCII file:
POINT #
284
NORTHING
1361003.838
EASTING
264286.635
ELEV
25.00
DESC
BCV
or Comma Delimited ASCII File:
284,361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release 2000 drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the
consultant shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting.
The drawing file shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. AIl block references and references
contained within the drawing file shall be included.
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Section II1- General Conditions
Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email
address TomMahony@myClearwater.com
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
thereof by action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of final acceptance".
Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal usage for any portion of the Work,
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any
acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of Acceptance by the Engineer.
6.13 CONTINUING THE WORK
Contractor shall carry on the work and adhere to the progress schedule during all disputes or
disagreements with Owner. No work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as Owner or Contractor may otherwise agree in writing.
6.14 INDEMNIFICATION
Contractor shall indemnify and hold hannless Owner, Engineer, Engineer's Consultants and the
officers, directors, employees, agents and other consultants of each and any of them from and
against all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) caused by, arising out of or resulting from the perfomlance of the Work,
provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the work itself),
including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or
indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or
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Section II1- General Conditions
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omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless ofthe negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor
shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so
settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such
account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall
indemnify and save harmless Owner against any such claim. In any and all claims against Owner
or Engineer or any of their respective consultants, agents, officers, directors, or employees by
any employee (or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any
Supplier, any person directly or indirectly employed by any of them to perform or furnish any of
the work, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such Sub-contractor,
Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts. The indemnification obligations of Contractor under this
paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers,
directors, employees, or agents caused by the professional negligence, errors or omissions of any
of them.
7 OTHER WORK
7.1
RELATED WORK AT SITE
I
Owner may perform other work related to the Project at the site by Owner's own forces, or let
other direct contracts therefore which shall contain General Conditions similar to these, or have
other work performed by utility owners. If the fact that such other work is to be performed was
not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor
prior to starting any such other work, and (ii) Contractor may make a claim therefore if
Contractor believes that such performance will involve additional expense to Contractor or
requires additional time and the parties are unable to agree as to the amount or extent thereof.
Contractor shall afford each other contractor who is a party to such a direct contract and each
utility owner (and Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly connect and
coordinate the work with theirs. Unless otherwise provided in the Contract Documents,
Contractor shall do all cutting, fitting and patching of the work that may be required to make its
several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Engineer and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit
of such utility owners and other contractors to the extent that there are comparable provisions for
the benefit of Contractor in said direct contracts between Owner and such utility owners and
other contractors. Should the Contractor cause damage to any other contractor on the Project, the
contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if
he will so settle. If such other contractor sues the Owner on account of any damage alleged to
have been so sustained, the Owner shall notify the Contractor, who shall defend such
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Section III - General Conditions
proceedings at his own expense, and if any judgment against the Owner arises therefrom the
Contractor shall payor satisfy the judgment and pay all costs incurred by the Owner.
If the proper execution or results of any part of Contractor's work depends upon work performed
by others under this Article. Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's work except for latent or nonapparent defects and deficiencies in
such other work.
7.2 COORDINATION
If Owner contracts with others for the performance of other work on the Pr~ject at the site, the
following will be set forth in the Scope of Work: (i) the person who will have authority and
responsibility for coordination of the activities among the various prime contractors will be
identified; (ii) the specific matters to be covered by such authority and responsibility will be
itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless
otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility in respect of such coordination.
8 OWNERS RESPONSIBiliTY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work in accordance with the
Contract Documents.
9 ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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construction are set forth in the Contract Documents and shall not be extended without written
consent of Owner and Engineer.
9.2 CLARIFICATIONS AND INTERPRETATIONS
Engineer will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer
may determine necessary, which shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and interpretations will be binding on
Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies
an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to
the amount or extent thereof, if any, Contractor may make a written claim therefore as provided
in the Articles for Change of Work and Change of Contract Time.
9.3 REJECTING OF DEFECTIVE WORK
Engineer will have authority to disapprove or reject Work which Engineer believes to be
defective, or that Engineer believes will not produce a completed Project that conforms to the
Contract Documents or that will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. Engineer will also have
authority to require special inspection or testing of the Work whether or not the Work is
fabricated, installed or completed.
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS
In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop
Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the
articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's
authority as to Applications for Payment, see the articles on Payments to Contractor and
Completion.
9.5 DECISIONS ON DISPUTES
Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder. Claims, disputes and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the work and Claims under the Articles for
Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred
initially to Engineer in writing with a request for a formal decision in accordance with this
paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
claimant to Engineer and the other party to the Agreement promptly (but in no event later than
thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to Engineer and the other party within sixty days after the start of such
occurrence or event unless Engineer allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to Engineer and the claimant within thirty days after receipt of
the claimant's last submittal (unless Engineer allows additional time). Engineer will render a
formal decision in writing within thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or
other matter will be final and binding upon Owner and Contractor unless (i) an appe~l from
Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time
Section III - General Conditions 04-25-06.doc 24 Revised: 5/1l/2005
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Section III - General Conditions
which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for
the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into,
a written notice of intention to appeal from Engineer's written decision is delivered by Owner or
Contractor to the other and to Engineer within thirty days after the date of such decision and a
formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws and Regulations within sixty days of
the date of such decision, unless otherwise agreed in writing by Owner and Contractor.
When functioning as interpreter and judge, Engineer will not show partiality to Owner or
Contractor and will not be liable in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by Engineer with respect to any such
claim, dispute or other matter will be a condition precedent to any exercise by Owner or
Contractor of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such claim, dispute or other matter
pursuant the Article on Dispute Resolution.
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
Neither Engineer's authority or responsibility under this paragraph or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise or performance of any
authority or responsibility by Engineer shall create, impose or give rise to any duty owed by
Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to
any surety for or employee or agent of any of them.
Engineer will not supervise, direct, control or have authority over or be responsible for
Contractor's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the work. Engineer will not be
responsible for Contractor's failure to perform or furnish the work in accordance with the
Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the work.
Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by the
Contractor will only be to determine generally that their content complies with the requirements
of the Contract Documents and, in the case of certificates of inspections, tests and approvals that
the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10 CHANGES IN THE WORK
Without invalidating the Agreement and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions
or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work
Section III - General Conditions 04-25-06.doc
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Section III - General Conditions
involved which will be performed under the applicable conditions of the Contract Documents
(except as may otherwise be specifically provided).
If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Time that should be allowed as a result of a
Work Change Directive, a claim may be made therefore as provided in these General Conditions.
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Time with respect to any Work performed that is not required by the Contract
Documents as amended, modified and supplemented as provided in these General Conditions
except in the case of an emergency as provided or in the case of uncovering work as provided in
article for Uncovering Work.
Owner and Contractor shall execute appropriate Change Orders or Written Amendments
recommended by Engineer covering:
changes in the work which are (i) ordered by Owner (ii) required because of acceptance of
defective work under the article for Acceptance of Defective Work or correcting defective
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
11 CHANGES IN THE CONTRACT PRICE
11.1 CHANGES IN THE CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to Contractor for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by Contractor shall be at Contractor's expense without change in the
Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice
of claim stating the general nature of the claim, to be delivered by the party making the claim to
the other party and to Engineer promptly (but in no event later than thirty days) after the start of
the occurrence or event giving rise to the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or event
(unless Engineer allows additional time for claimant to submit additional or more accurate data
in support of the claim) and shall be accompanied by claimant's written statement that the
claimed adjustment covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not
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Section II1- General Conditions
submitted in accordance with this paragraph. The value of any Work covered by a Change Order
or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where
the Work involved is covered by unit prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved (ii) where the Work involved is not
covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum
(which may include an allowance for overhead and profit), (iii) where the Work is not covered
by unit prices contained in the Contract Documents and agreement is reached to establish unit
prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be furnished and performed for such
sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances
include the cost to Contractor (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and (ii)
Contractor's costs for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances and no demand for additional payment on account of any of the
foregoing will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances and all the
Work actually performed by the Contractor, and the Contract Price shall be correspondingly
adjusted.
11.3 UNIT PRICE WORK
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit price for each separately identified item of unit price work times
the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose: of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may
make a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price
Work performed by Contractor differs materially and significantly from the estimated quantity of
such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment
with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors
to provide adequate unit quantities to satisfactorily complete the construction of the project. It is
expected that in the normal course of project construction and completion that not all unit
quantities will be used in their entirety and that a finalizing change order which adjusts contract
unit quantities to those unit quantities actually used in the construction of the project will result
in a net decrease from the original Contract Price. Such reasonable deduction of final Contract
Price should be anticipated by the Contractor in his original bid.
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Section III - General Conditions
12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written notice delivered by the party making the claim to the other party and to Engineer
promptly (but in no event later than thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice of the extent of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless Engineer
allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement that the adjustment claimed is the entire
adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined
by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid ifnot
submitted in accordance with the requirements of this paragraph.
All time limits stated in the Contract Documents are of the essence of the Agreement.
Where Contractor is prevented from completing any part of the work within the Contract Time
(or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones)
may be extended in an amount equal to the time lost due to such delay if a claim is made
therefore as provided in the article for Changes in the
Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by
Owner, acts of utility owners or other contractors performing other work as contemplated by the
article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of
the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee
or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of Contractor, or (ii) delays beyond the control of both parties including but
not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility
owners or other contractors performing other work as contemplated by paragraph for Other
Work.
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 TESTS AND INSPECTION
Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
Contractor shall employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. The costs for these
inspections, tests or approvals shall be borne by the Contractor except as othelWise provided in
the Contract Documents.
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Section III - General Conditions
If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such
public body including all City Building Departments and City Utility Departments, Contractor
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish Engineer the required certificates of inspection
or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will
be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all
costs in connection with any inspections, tests or approvals required for Owner's and Engineer's
acceptance of materials or equipment to be incorporated in the Work, or of materials, mix
designs, or equipment submitted for approval prior to Contractor's purchase thereof for
incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be
uncovered for observation. Uncovering Work as provided in this paragraph shall be at
Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention
to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.2 UNCOVERING THE WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as Engineer may require, that
portion of the Wark in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, Contractor shall pay all claims, costs, losses and damages
caused by, arising out of or resulting from such uncovering, exposure, observation, inspection
and testing and of satisfactory replacement or reconstruction (including but not limited to all
costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to
agree as to the amount thereof, may make a claim therefore as provided in the article for Change
in Contract Price. If, however, such Work is not found to be defective, Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time ( or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent
thereof, Contractor may make a claim therefore as provided the article for Change in Contract
Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right of
Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to
exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops
Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or
increase in Contract Price.
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13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, ifthe Work has been rejected by Engineer,
remove it from the site and replace it with Work that is not defective. Contractor shall pay all
claims, costs, losses and damages caused by or resulting from such correction or removal
(including but not limited to all costs of repair or replacement of work of others).
13.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
In special circumstances where a particular item of equipment is placed in continuous service
before Final Completion of all the Work, the correction period for that item may start to run from
an earlier date if specifically and expressly so provided in the Specifications or by Written
Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected,
removed or replaced under this paragraph the correction period hereunder with respect to such
Work will be extended for an additional period of one year after such correction or removal and
replacement has been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers
to accept it, Owner may do so.
Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of
and determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may
make a claim therefore as provided in article for Change of Contract Price. If the acceptance
occurs after the Engineer's recommendation for final payment an appropriate amount will be paid
by Contractor to Owner.
13.7 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work or to remove and replace rejected Work as required by Engineer in accordance
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Section III - General Conditions
with the article for Correction and Removal of Defective Work or if Contractor fails to perform
the Work in accordance with the Contract Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner may, after seven days' written notice to
Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph Owner shall proceed expeditiously. In connection with such corrective and
remedial action, Owner may exclude Contractor from all or part of the site, take possession of all
or part of the Work, and suspend Contractor's services related thereto, take possession of
Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate
in the Work all materials and equipment stored at the site or for which Owner has paid
Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's
Consultants access to the site to enable Owner to exercise the rights and remedies under this
paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising
such rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the
article for Change of Contract Price. Such claims, costs, losses and damages will include but not
be limited to all costs of repair or replacement of work of others destroyed or damaged by
correction, removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
14 PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.1 APPLICATION FOR PROGRESS PAYMENT
Contractor shall submit (not more often than once a month) to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as of
the 25th of each month and accompanied by such supporting documentation as is required by the
Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents,
payment will not be made for materials and equipment not incorporated in the Work. Payment
will only be made for that portion of the Work, which is fully installed including all materials,
labor and equipment. A retainage of not less than five (5%) of the amount of each Application
for Payment for the total of all Work completed to date will be held until final completion and
acceptance of the Work covered in the Contract Documents. No progress payment shall be
construed to be acceptance of any portion of the Work under contract.
In addition to all other payment provisions set out in this contract, the Engineer may require the
Contractor to produce for the Owner, within fifteen days of the approval of any progress
payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid
any sum or sums then due. A failure on the part of the contractor to provide the report as required
herein shall result in further progress or partial payments being withheld until the report is
provided.
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Section III - General Conditions
14.2 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment, free and clear of liens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions ofthis sentence be construed to impose any obligations upon Owner to
the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be
deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has. actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
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Section II1- General Conditions
or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4 PARTIAL UTILIZATION
Use by Owner at Owner's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor
agree constitutes a separately functioning and usable part of the Work that can be used by Owner
for its intended purpose without significant interference with Contractor's performance of the
remainder of the Work, may be accomplished prior to Final Completion of all the Work subj ect
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part of the
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part of the Work is substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work. Contractor at any time
may notify Owner and Engineer in writing that Contractor considers any such part of the Work
ready for its intended use and substantially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to
determine its status of completion. If Engineer does not consider that part of the Work to be
substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefore. If Engineer considers that part of the Work to be substantially complete, the provisions
of the articles for Substantial Completion and Partial Utilization will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.5 FINAL INSPECTION
Upon written notice from Contractor that the entire Wark or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.6 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such corrections to the satisfaction of Engineer and has
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by the
paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as
may be required in the Contract Documents and other documents, Contractor may make
application for final payment following the procedure for progress payments. The final
Application for Payment shall be accompanied (except as previously delivered) by: (I) all
documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if
necessary, to final payment, and (iii) complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of
such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
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services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner or
Owner's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish
a Bond or other. collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and temporary structures, and shall restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the Work, and shall leave the Work in a neat and presentable condition.
14.7 FINAL PAYMENT AND ACCEPTANCE
If through no fault of Contractor, final completion of the Work is significantly delayed and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment
and recommendation of Engineer, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted, Ifthe remaining balance
to be held by Owner for Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for
Bonds and Insurance, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that such payment shall not constitute a waiver of
claims.
If on the basis of Engineer's observation of the Work during construction and final inspection,
and Engineer's review of the final Application for Payment and accompanying documentation,
all as required by the Contract Documents, Engineer is satisfied that the Work has been
completed and Contractor's other obligations under the Contract Documents have been fulfilled,
Engineer will indicate in writing his recommendation of payment and present the Application to
Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that
the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return
the Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary corrections and resubmit the
Application. If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount
recommended by Engineer.
14.8 WAIVER OF CLAIMS
The making and acceptance of final payment will constitute: a waiver of all claims by Owner
against Contractor, except claims arising from unsettled Liens, from defective Work appearing
after final inspection, from failure to comply with the Contract Documents or the terms of any
special guarantees specified therein, or from Contractor's continuing obligations under the
Contract Documents; and a waiver of all claims by Contractor against Owner other than those
previously made in writing and still unsettled.
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15 SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK
At any time and without cause, Engineer may suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor, which will fix the date on
which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor
shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or
both, directly attributable to any such suspension if Contractor makes an approved claim
therefore as provided in the articles for Change of Contract Price and Change of Contract Time.
15.2 OWNER MAY TERMINATE
Upon the occurrence of anyone or more of the following events; if Contractor persistently fails
to perform the work in accordance with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this
Contract or any part thereof is sublet, without the previous written consent of Owner, or
if the Contract or any claim thereunder is assigned by Contractor otherwise than as
herein specified, or at any time Engineer certifies in writing to Owner that the rate of
progress of the Work or any part thereof is unsatisfactory or that the work or any part
thereofis unnecessarily or umeasonably delayed.
Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the
extent permitted by Laws and Regulations, terminate the services of Contractor, exclude
Contractor from the site and take possession of the Work and of all Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent
they could be used by Contractor (without liability to Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which Owner has
paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until the
Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and
damages sustained by Owner arising out of or resulting from completing the Work such excess
will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a
Change Order, provided that when exercising any rights or remedies under this paragraph Owner
shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
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Section III - General Conditions
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Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In
such case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable
sums for overhead and profit on such Work;
for expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Wark, plus fair and reasonable sums for overhead and
profit on such expenses;
for all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, Suppliers and others; and for reasonable expenses directly
attributable to termination.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE
If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within sixty days after it is submitted or Owner fails for sixty days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days'
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Agreement and recover from Owner
payment on the same terms as provided in the article for Owner May Terminate. However, ifthe
Work is suspended under an order of court through no fault of the Owner, the Contractor shall
not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within thirty days after it is submitted, or Owner has failed for thirty
days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's
written notice to Owner and Engineer stop the Wark until payment of all such amounts due
Contractor. The provisions of this article are not intended to preclude Contractor from making
claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise
for expenses or damage directly attributable to Contractor's stopping Work as permitted by this
article.
16 DISPUTE RESOLUTION
If and to the extent that Owner and Contractor have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure will proceed. If no such agreement on the method and procedure for
resolving such disputes has been reached, subject to the provisions of the article for Decisions on
Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any dispute
provided, however, that nothing herein shall require a dispute to be submitted to binding
arbitration.
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Section III - General Conditions
17 MISCELLANEOUS
17.1 SUBMITTAL AND DOCUMENT FORMS
The form of all submittals, notices, change orders and other documents permitted or required to
be used or transmitted under the Contract Documents shall be determined by the Engineer
subject to the approval of the Owner.
17.2 GIVING NOTICE
Whenever any provision of the Contract Documents requires the giving of written notice, notice
will be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
17.3 NOTICE OF CLAIM
Should Owner or Contractor suffer injury or damage to person or property because of any error,
omission or any act of the other party or of any of the other party's officers, employees or agents
or others for whose acts the other party is legally liable, claim will be made in writing to the
other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or repose.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED
Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in
each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other
professionals and all court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any rights thereunder without
the approval of the Owner, nor without the consent of surety unless the surety has waived its
rights to notice of assignment.
17.6 RENEWAL OPTION
Annual Contracts issued through Public Works Administration may be renewed for up to two (2)
years, upon mutual consent of both the City and the ContractorN endor. AU terms, conditions
and unit prices shall remain constant unless otherwise specified in the contract specifications or
in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be
agreed to in writing by both parties. All renewals are contingent upon the availability of funds,
and the satisfactory performance of the Contractor as determined by Public Works
Administration.
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Section IV
Scope of Work
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
SCOPE OF WORK
BUILDING FOUNDATION, IMPACTED SOIL, AND
DEBRIS REMOVAL AT THE CLEAR,W ATER
AUTOMOTIVE SALVAGE YARD
NE Corner ofM. L. King Avenue and Gould Street
205,317, and 319 South M. L. King Avenue
Clearwater, Florida
TBE Group, Inc (TBE) is providing environmental consulting services to the City of
Clearwater Community Redevelopment Agency in support of their Brownfields Redevelopment
Program funded through the Environmental Protection Agency. The City of Clearwater's
Technical Specifications and requirements still apply to this contract, as with any other City
project. On behalf of the City, TBE is contracting the following services:
GENERAL SCOPE OF WORK - The work to be performed under this contract shall include
. the preliminary cleaning of contaminated building foundations (as required), excavation and
offsite disposal of building foundations and similar sub grade structures; and excavation,
staging, and offsite disposal of impacted soils, as directed by the City or City representatives.
The property is depicted on the attached aerial photograph prepared by the TBE Group, Inc.
(TBE)
The following specific Scope of Work is designed to provide sufficient information to allow an
accurate cost assessment and a comparative bid from the Contractor. However, the Contractor
is required to provide a written work plan of how they plan to complete the required tasks,
including a schedule for task completion and a list of disposal facilities where oflsite disposal
of waste is anticipated. Suggested changes in the following specific scope of work may be
made prior to the Contract award, if it is deemed advantageous to the City of Clearwater to do
so.
A proposed scope of work that is modified slightly from that originally submitted to the Florida
Department of Environmental Protection is provided in Attachment A. The Contractor is
directed to become familiar with the conditions of this scope of work and to ensure that site
work remains in compliance with this document. Elements of the Attachment A Scope of Work
shall be adhered to.
SPECIFIC SCOPE OF WORK - The specific Scope of Work consists of the removal and
disposal of mostly concrete foundations and slabs, other sub grade appurtenances such as drain
lines, sumps, etc., and miscellaneous surface debris, down to the native soil surface. More
specifically, the Contractor agrees to demolish, remove and dispose of the above noted
sub grade structures including all concrete slabs, concrete pavement, asphalt pavement, walks,
driveway aprons, curbs, sprinkler systems, piping systems, all concrete footings and
foundations, all trash, building materials, debris and litter, as well as impacted surface and
subsurface soils from designated work areas, and all other appurtenances as may be present as
shown on the attached aerial location drawing or identified on-site.
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
The Scope of Work will be conducted in two separate mobilizations. Removal of excessively
contaminated soils and structures will be performed initially to expose native soils. Soil
assessment will then be performed by the Consultant to determine the extent and depth of
additional soil excavation and removal. It is anticipated that the second soil removal program
will occur within three months of the initial sub grade structure removal program.
The entire site is approximately 3.44 acres in size; however, building foundations to be
addressed under this contract cover approximately 54,000 square feet of the site. Additionally,
a previous junk automobile storage yard of approximately 0.5 acres will be evaluated and
minor volumes of impacted soil will likely be removed and disposed. An estimate of the initial
volume of material is provided in subsequent sections ofthis Scope of Work.
The pay item for initial structure cleaning, demolition, removal of sub grade structures,
temporary staging, transportation, and offsite disposal of both debris and impacted soils is to be
paid on unit rates established in this document. A base fee for services is to be provided for the
estimated quantities of work, with additions or deletions to be based on the established unit
price schedule. A not to exceed (NTE) contract amount will be developed prior to the start of
each phase of work. The cost proposal is to include all equipment, labor and materials
necessary to complete the work.
The Contractor shall note that these specifications shall be strictly adhered to and that they
apply to every square foot of real estate within the demolition project site.
DEBRIS AND SOIL DISPOSAL - All soil and debris is to be disposed of in accordance with
applicable regulatory requirements. .
For concrete and metal debris with minimal stammg or other indications of adverse
environmental impacts, recycling is the preferred alternative for disposal. For non-recyclable
materials, Class III Landfill disposal is the second choice for disposal, if the material is deemed
acceptable by the receiving facility. An alternative landfill with the appropriate permits to
handle the waste shall be used for more heavily stained or otherwise environmentally impacted
debris. Required analyses and documentation of acceptance of the waste material shall be the
obligation of the Contractor. Proper documentation indicating sampling results, waste profiles
for the disposal facilities, copies of their permits and insurance must be provided and approved
by TBE prior to transportation of the waste offsite.
It is recommended that a mechanical screening device with small openings be used to segregate
car parts and other foreign bodies from soils. The screened soils will be temporarily stockpiled
and sampled (by the Consultant) to determine the appropriate means of disposal. Sampling
requirements will be dictated by the disposal facility selected by the Contractor and
coordination of sampling requirements will be required.
Impacted soil is to be temporarily staged on site and laboratory analyses performed to
determine the appropriate method of disposal. Waste manifests and disposal tickets are to be
used to evaluate waste volumes and the original of all such documents are to be provided to the
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
City at the end ofthe job.
CONSTRUCTION TIME - Thirty (30) days is allowed for the preliminary cleaning,
demolition, and staging of excessively impacted soil and debris. An additional sixty (60) days
is allowed for the subsequent removal of remaining foundations and soils, after above grade
structures are removed from the site. Once demolition work is begun, it shall be pursued
diligently without unreasonable interruption until completion.
PROJECT SAFETY - The Contractor is cautioned that the demolition site is adjacent to both
residential and commercial properties with frequent pedestrian and vehicular traffic. The
Contractor is to take any and all safety precautions necessary to protect the general public and
to keep the general public away from the work at all times. Trucks and equipment are to be
staged so that traffic patterns on adjacent City streets are not encumbered. Ifnecessary, a truck
and equipment staging area will need to be established on the site prior to beginning demolition
operations.
PROTECTION OF ADJACENT PROPERTY - If adjacent property is affected or
endangered by any work done under this contract, it shall be the responsibility ofthe Contractor
to take whatever steps are necessary to protect the adjacent property and notify TBE.
SITE FILL AND FINAL SITE GRADING - The Contractor shall note that a bid item for the
supply of 1000 (one thousand) cubic yards of clean, fill material is included in the bid. This
item will only be used as deemed necessary by TBE and as directed by the Project Engineer.
The City may also decide to deliver any necessary finish fill material to the project site. If fill
is provided by the City, note the above requirement that the Contractor will accomplish final
site grading.
DAVIS-BACON ACT - Contractors should be advised that due to the federal funding of this
project, whole or in part, the entire project is subject in it's entirety to the Davis-Bacon Act.
The contractor is responsible for providing documentation to TBE verifying compliance with
this provision. At a minimum, the following forms are to be completed and submitted either
with the Contractors bid submittal (as appropriate), or as prescribed during the implementation
of the work.
· Statement of Compliance Form WH-348 (during implementation ofthe work)
· Certification Regarding Lobbying (With Bid Submittal)
· Certification of Eligibility Under Federal Procurement Requirements (With Bid
Submittal)
· Noncollusion Affidavit of Prime Bidder (with Bid Submittal)
A copy of each ofthese forms is provided as Attachment B to the Scope of Work.
PERFORMANCE AND PAYMENT BONDS - Contractor shall furnish a Performance Bond
and Payment Bond, each in an amount at least equal to the Contract Price as security for the
faithful performance and payment of all Contractor's obligations under the Contract Documents.
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
These bonds shall remain in effect at least one year after the date when final payment becomes
due, unless a longer period of time is prescribed by laws and regulations. All bonds shall be
executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as
published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial
Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a
certified copy of such agents' authority to act. All bonds shall be deemed to contain all of the
Conditions of Secton 255.05, Florida Statutes, even if such language is not directly contained
within the bond and the Surety shall be licensed and qualified to do business in the State of
Florida. TBE reserves the right to reject any surety. If the Surety on any Bond furnished by the
Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in
any state where any part of the Project is located or it ceases to meet the requirements of these
Contract Documents, the Contractor shall within five days after notice thereof substitute another
Bond and surety, both of which must be acceptable to TBE.
REPAIR OF DAMAGED APPURTENANCES - Concrete driveways, drains, etc. are be
removed up to the adjacent roadway curbs and gutters. The Contractor is responsible for repair
or damage to any sidewalks, curbs, fences, streets, or any other city or public facilities which
are to remain in place.
EROSION CONTROL - The City desires to prevent the movement of sand into adjacent
travelways and storm systems. The Contractor will be required to place sediment traps, such as
hay bales around all storm inlets within the scope of the project and to maintain them until the
demolition work is completed. The Contractor is to perform all demolition activity so as to
prevent soil erosion into adjacent roadways or drainage features in accordance with City of
Clearwater standards. All storm inlets within the scope of the project shall be located and
identified by the City prior to demolition operations and the Contractor shall place filter
material under the grates of all identified inlets. It is possible that filtration systems may remain
in place from previous work. If so, the Contractor shall be responsible for maintaining their
effectiveness.
PERMITS AND LICENSES - It shall be the responsibility of the Contractor to be properly
licensed and to acquire all permits of either a temporary or permanent nature, necessary to
accomplish this work. These permits include but may not be limited to:
1) City of Clearwater Clearing & Grubbing Permit
2) City of Clearwater Demolition Permit
3) City Of Clearwater No Tree Removal Verification Permit
The City may have the ability to waive permitting fees for this City project; however, it remains
the responsibility of the contractor to verify with the permitting department regarding these
fees. In addition, the Contractor shall give all notices and comply with all laws, ordinances,
rules and regulations pertinent to the work involved.
NOTIFICATIONS OF WORK PROGRESS AND INSPECTIONS - The Contractor will
notify TBE who will then notify the City of Clearwater - Engineering and Planning and
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
Development Services Departments, as well as TBE when work is started and completed to
obtain final inspections and approval of work completed.
PRE-BID SITE INSPECTION - The Contractor is required to inspect the job site prior to
presenting bid. A mandatory site visit will be scheduled prior to the required bid submittal data.
PROJECT SIGNS - Contractors attention is called to Article 50 of the City of Clearwater
Technical Specifications. One fixed sign is required.
REPORTING OF RECYCLED DEBRIS DISPOSAL TONNAGE - When possible,
material transferred from the site shall be recycled. The Contractor shall report with each
request for progress payment the tonnage of all materials which were recycled. A recycled
material is any material reused in any manner that diverts it from disposal at public landfills or
incinerators. The Contractor is encouraged to provide a work plan that outlines the materials
that will be recycled.
DISCONNECTION OF UTILITIES - All City of Clearwater utilities shall be disconnected
by the City as a function of the City of Clearwater Demolition Permit process. The Contractor
shall "Call Sunshine", (underground utility location notification), 48 hours prior to any
demolition operations (1-800-432-4770).
OVERTIME CONSTRUCTION INSPECTION - City inspections will be scheduled during
normal business hours.
DIRECTION TO CONTRACTOR - The Contractor is cautioned to only take project
direction from the Project Manager (TBE) unless specifically instructed in writing otherwise.
This is particularly important where the Contractor may expect an increase in contract price.
The Contractor is to only proceed with work which will increase the contract price with written
direction from TBE.
PROJECT CONTRACT/INFORMATION - Please contact Project Manager, Mr. Terry
Griffin at 727-531-3505 for any additional information.
REPRESENTATIVE OF CONTRACTOR: The Contractor shall assign a responsible
person or persons, one of whom shall be at the construction site at all times that work is
progressing. The names and positions ofthese persons shall be submitted to TBE at the time of
the pre-construction conference. This person or persons shall not be changed without written
approval of TBE
ESTIMATED QUANTITIES: The Contractor's attention is called to the fact that the estimate
of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of
calculation upon which the award of the contract is to be made. TBE does not assume any
responsibility that the final quantities will remain in strict accordance with estimated quantities
nor shall the Contractor plead misunderstandings or deception because of such estimate of
quantities or of the character or location of the work or of other conditions or situations
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
pertaining thereto.
ORDER AND LOCATION OF THE WORK: The Consultant reserves the right to accept
and use any portion of the work whenever it is considered to the City and public interest to do
so.
BACKFILL: Material for backfill shall be carefully selected from the excavated material or
from other sources as may be required by the Project Manager. Such material shall be granular,
free from organic matter or debris, contain no rocks or other hard fragments greater than 3" in
the largest dimension and all fill shall be similar material. Laboratory analyses must be
provided to support that the backfill material does not contain organic or inorganic
contaminants above the soil cleanup target levels listed in Chapter 62,-777, Florida
Adminstrative Code.
RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS
AND STREET PAVEMENT: Exterior driveways, sidewalks, and curbs destroyed or
damaged during construction shall be replaced and shall be the same type of material as
destroyed or damaged, or to existing City Standards, whichever provides the stronger repair.
All street pavement destroyed or damaged shall be replaced with the same type of material as
was destroyed or damaged, to existing City Standards. If existing base is marl, etc., then base
shall be replaced with lime-rock or shell. All replaced base shall be a minimum 8" compacted
thickness or same thickness as base destroyed, if over 8" and compacted to 98% of maximum
density per AASHTO T-180.
Cost of the above work including labor, materials and equipment required shall be included
in the bid price.
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
In addition to the above specifications. Contractors shall meet the following City requirements:
ARTICLE 28 - REPORTING OF TONNAGE OF RECYCLED MATERIALS
The State of Florida has imposed strict requirements on Solid Wastes Handlers to decrease the
generation of solid waste products and in particular to increase the amount of recycle products.
In this regard, the City is required to determine the monthly total tonnage of all construction
debris which is recycled in this contract. A recycled material is any material reused in any
manner which diverts its alternative disposal to a publicly assessable landfill or by incineration.
If a material, such as clean earth, is not normally disposed to a landfill or incineration, then it is
not to be considered a recyclable material. The Contractor is required to include in each
request for payment the total tonnage of materials which were recycled by the Contractor
during the contract period for which the payment request is made. Any cost to the Contractor
for the development and submittal of this information is to be included in the contract items
provided in the original contract proposal.
ARTICLE 34 - MATERIAL USED:
All material incorporated into the final work shall be new material unless otherwise approved
by the Engineer. If requested by TBE, the Contractor shall furnish purchase receipts of all
materials.
ARTICLE 35 - CONFLICT BETWEEN PLANS AND SPECIFICATIONS:
Whenever a conflict appears between the plans and specifications, the more stringent
requirement shall apply. If a conflict is of such a nature as to require a decision, then a written
request for clarification must be made prior to starting that phase of construction.
ARTICLE 36 - STREET SIGNS:
Removal or relocation of signs by the Contractor is specifically PROHIBITED on this project.
All regular street signs will be removed or installed by the City's Traffic Engineering Division.
The Contractor is directed to notify the Traffic Engineering Division at least 24 hours in
advance of proposed sign removal.
ARTICLE 40. - AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE:
It will be required that the work will commence not later than ten (10) calendar days after the
Project Manager gives written notice to proceed.
The Contractor shall remedy any defects in the work at his own expense and pay for any
damage to other work resulting therefrom which appear within a period of one year from the
date of final acceptance.
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
ARTICLE 50: PROJECT INFORMATION SIGNS
SCOPE AND PURPOSE: The City of Clearwater desires to inform the general public on the
City's use and expenditure of public funding for general capital improvement and maintenance
projects. To help accomplish this purpose, a previous Contractor has prepared public project
information signs that are to remain in place during the full course of the contract period.
SIGN MAINTENANCE: The Contractor is responsible for maintenance, replacement,
removal and disposal of all project signs during the full course of the contract period. The
Contractor will replace and secure portable signs from dislocation by wind or other actions.
Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced..
THE CURRENT PROJECT SIGN READS:
DEMOLITION OF COMMERCIAL STRUCTURES
FORMER CLEARWATER AUTOMOTIVE SALVAGE YARD
A CITY OF CLEARWATER COMMUNITY REDEVELOPMENT AGENCY PROJECT
FUNDING:
EP A BROWNFIELD CLEANUP REVOLVING LOAN FUND
CONTRACTOR:
TBE GROUP. INC
TBE PROJECT MANAGER:
MR. TERRY GRIFFIN, 727-531-3505
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
Attachment A
Scope of Work
Modified from original scope proposed to FDEP, August 2005
Per preliminary DEP comments on the BSAR dated December 2005
Impacted soils have been documented in isolated areas of limited areal extent throughout the
northern shop and st<?rage areas of the former salvage yard. Additionally, concrete floor areas,
several concrete troughs, a potential septic tank: and drainfield, PVC lines, and a raised drum
storage area are present and potentially impacted based on visual observations of staining,
floating product, etc. However, based on the considerable number of un-impacted soil samples
in this area and the absence of shallow groundwater impacts throughout the site, the impacted
areas appear to be relatively small and isolated from one another. Therefore, the proposed
source removal program for this facility will involve the following activities:
. Preliminary in-situ cleaning of residual contamination from remammg building
foundations prior to demolition. Cleaning shall be performed using high temperature
pressure washing and/or abrasive surface removal. . Wastewater generated during the
cleaning process should be minimized, collected and containerized for subsequent
disposal by the Contractor
. Demolition and excavation of excessively impacted structures and soils. A determination
of excessively impacted materials will be made by the Consultant and will be based on
visual evidence and/or field screening of materials using an organic vapor analyzer.
. Transportation and offsite disposal of excessively impacted debris and soil
. Demolition, excavation and staging of remaining building foundations, soils, and debris
with minimal evidence of environmental impacts based on previous assessment results
and visual observations in the field;
. Confirmation sampling of excavated and staged soils (to be performed by Consultant);
. Transportation and offsite disposal of minimally impacted and un-impacted debris
. Re-grading of remaining soils to facilitate subsequent sampling and impact delineation
. Re-mobilization and follow-up excavation or remaining impacted soils;
· Backfilling and grading as required to bring the site to the required elevation and grade
(to the satisfaction ofTBE and City representatives)
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
The specific methodology for completing these steps are provided in the following sections.
A.1 Cleaning and Removal of Excessively Contaminated Structures, Soil, and Debris
The environmental remediation Contractor will mobilize to the site and will evaluate and areas of
excessive impacts that will require cleaning or product collection. All subgrade foundations,
pipes, sumps, and other appurtenances will be removed after excessively-impacted materials are
addressed. This task will include:
. the collection, containment, and appropriate offsite disposal of residual oils, greases, or
other liquids that may be present in bermed areas, trenches, troughs or tanks;
. the demolition and removal of excessively contaminated foundations and structures, such
as, tank storage area containment structures, a potential septic tank and drainfield,
drainage trenches/sumps, container storage areas, etc., and
. the excavation and removal of impacted soils and debris (as previously documented by
laboratory analyses) and excessively impacted soils (as visually identified in the field);
A.2 Offsite Disposal of Heavily-Impacted Soil and Debris
The specific analytical parameters and frequency of sampling for the pre-disposal samples will
be dictated by the selected soil disposal facility. However, based on the recent completion of
several projects of a similar scope, it is anticipated that impacted soils could be disposed of at the
Kleen Soil disposal facility in Palmetto, Florida or the Omni Landfill in St. Cloud, Florida. A
series of volatile organic, semi-volatile organic, TRPH, and metals analyses are typically
required by these facilities and the sampling frequency requirements are as follows (Sampling
and Analysis will be performed by the Consultant):
V olume of Soil (cubic yards)
o to 140
140 to 700
700 to 1,400
1,400+
Number of Samples
1
2 additional
2 additional (5 total)
1 per 700 CY
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Feet
100
Clearwater Automotive
FOEP Brownfields Site
10 # BF-529701 004
Clearwater
~ GROUP
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This is nol a map 01 survey. J:IOOO83100083127.01\ IS\mxdlDemo.mxd 9/27/05
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
Pending approval for waste disposal, the impacted soils / debris will be transferred to the
appropriate waste disposal facility for final disposition. Waste manifests for all environmental
media transported off site for disposal (including soils) will be provided in the Interim Source
Removal Report (prepared by the Consultant).
A.3 Demolition and Removal of Remaining Structures and Debris
Pending removal of heavily-impacted soils and debris :from the site, the remaining un-impacted
or minimally-impacted structures and foundations will be demolished and removed from the site.
When possible, this material will be shipped offsite for recycling, or if not suitable for recycle,
will be sent to an appropriately permitted landfill for proper disposal (likely a Subtitle D, Class
III landfill). The debris must be evaluated by the Consultanat/Contractor to confirm that the
material meets the acceptance criteria of the disposal facility. Documentation that the material
was accepted for disposal or recycle will be obtained by the Contractor and provided to the
Consultant prior to disposal.
The site shall be removed of all non-native materials. For this purpose, it is anticipated that a
power screen with small openings will be used to remove foreign matter from soil particles. The
screened soils shall be staged on site and sampled (by the Consultant) to determine its final
disposition. Pending removal of debris and impacted soils from the site, the Contractor shall
demobilize from the site and allow additional assessment to be completed prior to the final
excavation task.
A.4 Re-mobilization and Removal of Remaining Impacted Soils
Pending additional soil assessment (to be conducted by the Consultant), the Contractor will re-
mobilize to the site to complete excavation and offsite disposal of remaining impacted soils. The
cleanup objectives for soils at this site are the residential direct exposure soil cleanup target
levels (SCTLs) outlined in Chapter 62-777, FAC. Soil excavation areas and depths will be
outlined for the Contractor prior to re-mobilization to the site for the final excavation activities.
It is anticipated that this phase of work will occur within approximately 60 days after
demobilization from the site.
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Clearwater Automotive Salvage Yard
Impacted Soil and Debris Removal
Scope of Work
Following excavation, soils will be staged on an impervious surface constructed of 8 mil
polyethylene sheeting that is bermed and covered. Samples will then be collected by the
Consultant to determine the appropriate method of disposal (the analytical parameters and
frequency of samples are discussed in Section A.2). Alternatively, soil delineation data will be
used to develop the appropriate waste profiles and method of disposal.
Backfilling and re-grading will be required to return the site to its original elevation and slope, as
directed by the Consultant.
A.S Offsite Disposal of Remaining Soils
The remaining soils removed from the site will be evaluated and disposed offsite in a manner
similar to that described in Sections A.2 and/or A.3.
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Section V
Contract Proposal
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we
Contractor and
(Surety)
whose home address is
as
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of:
Dollars ($ )
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns. for the faithful performance of a certain written contract, dated the day of
, 2006, entered into between the Contractor and the City of Clearwater for:
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2006.
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
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CONTRACT
This CONTRACT made and entered into this _ day of , 2006 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
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CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions ofthe non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, IT
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilmember
Approved as to form and
legal sufficiency:
Bryan D. Ruff
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
( Contractor)
By:
(SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the
(TITLE)
, a Florida Corporation, with its principal place
(herein, the "Contractor").
of
of business located at
That the Contractor was the general contractor under a contract executed on the day of
, 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
AFFIANT
This _ day of
, 2006.
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal, and
as Surety, are held and firmly bound unto the City of Clearwater,
Florida, in the sum of Dollars ($ )
(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
The condition of the above obligation is such that ifthe attached Proposal of
as Principal, and
as
Surety, for work specified as:
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue
by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this
, 2006.
day of
(Principal must indicate whether
corporation,partnership,cornpany
or individual)
Principal
The person signing shall, in his own
handwriting, sign the Principal's
name, his own name and his title;
the person signing for a corporation
must, by affidavit, show his authority
to bind the corporation.
By:
Title
Surety
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AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF
)
)
being duly sworn, deposes and says that he/she is
Secretary of
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
Street & Number
City
County
State
Affiant further says that he IS familiar with the records, minute books and by-laws of
(Name of Corporation)
Affiant further says that
IS
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for
for said corporation by virtue of
(state whether a provision of by laws or a Resolution of the Board of
Directors. Ifby Resolution give date of adoption).
Affiant
Sworn to before me this
, 2006.
day of
Notary Public
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
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NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF )
being, first duly sworn, deposes and says that he is
of
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this _ day of
,2006.
Notary Public
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PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
Section V.doc
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PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
($
)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES:
ADDRESSES:
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corporation.
By:
Title:
Business Address of Bidder:
City and State:
Dated at
, this
day of
Section V.doc
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Zip Code.
, A.D., 2006
Revised: 5/11/2006
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Clearwater Automotive Salvage Yard
Environmental Demolition and Soil Removal
Instructions to Bidders
CITY OF CLEARWATER
ADDENDUM ACKNOWLEDGEMENT SHEET
PROJECT: Clearwater Automotive Salvage Yard Environmental Demolition and
Soil Removal
Addendum No. Date:
Addendum No. Date:
Addendum No. - Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
J:\00083\00083127.01\DOC\Specs\Environmentallnstructions to bidders. DOC
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BIDDER'S PROPOSAL - UNIT PRICES
PROJECT: Envrionmental Demolition, Debris and Soil Removal
Clearwater Automotive Salvage Yard, Brownfields Site No. BF97493703
Having carefully examined the Advertisement for Bids, Instructions to Bidders, the Scope of Work, the terms of the TBE Group Subcontract
Agreement, and applicable Addenda, as well as the premises and the conditions affecting the work, the undersigned proposed to furnish all
labor and materials called for, and equipment necessary to accomplish the entire work within the time period indicated in accordance with the
said documents for the following prices. Please note that the stated volumes are estimates for
Est.
Item Description Unit Quantity Unit Cost Total Cost
1 Indemnification SS 1 NA $ 25.00
Bond Premiums (not to exceed 2% of total base bid
2 price) LS 1
Mobilization and demobilization (not to exceed 5% of
3 total base bid price) LS 2
4 Cleanina and containment of contaminated fluids Gal 1,000
Initial Excavation: includes staaing and on-site manaaement of waste
5 Excavation of concrete foundations, sumps, etc. SF 54,000
6 Excavation of contaminated soil and debris CY 1,500
Second Excavation: Pendina soil impact delineation by consultant
7 Excavation of contaminated soil and debris CY 1,500
Transportation and Disposal (T&D): Contractor may propose alternative disposal methods in his Scope of Work and can outline
how the alternative methods will be acceptabale and will provide a cost savings to the City. Efforts shall be made to recycle
materials when possible.
Waste oil transport and disposal (industrial wastewater
8 treatment facility) Gal 1,000
9 Concrete/asphalt T&D (recycle to extent possible) tons 1,200
Load, transport and dispose of contaminated soil and
10 debris
Non-impacted C&D materials (to Class III landfill) tons 500
Non-hazardous soil- speCially permitted landfill (eg,
Kleen Soil Facility) tons 1,500
Hazardous soil an debris to a Subtitle C hazardous
waste landfill tons 50
(unit cost
for other method of disposal as discussed in work plan) tons 1 NA
Vacuum Truck Collection, Transportation and Disposal
of Contaminated Liquids (industrial wastewater
11 treatment facility) Gal 2,000
12* Import Clean Fill, Place and Grade Site * CY 800
13 OSHA Certified Safety Coordinator/Site Supervisor LS 1
Permit(s) Fee Allowance (fees may be waived by the
14 City) ALW 1 NA $ 500.00
Owner's Allowance: On-call remedial services incl. but
not limited to decontamination, excavation, screening,
staging in appropriately constructed staging areas,
15* dewaterina, and disposal services TBD 1 NA $ 20,000.00
* To be used only at the approval of consultant/City
TOT Al PRIC~
Section V.doc
Page 14
Revised 12/22/04
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CONTRACTOR:
BIDDER'S GRAND TOTAL $
(NUMBERS)
BIDDER'S GRAND TOTAL
(WORDS)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND
THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE
BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT
PRICES AND LUMP SUM PRICE SHALL GOVERN.
NOTE: BIDDERS SHOULD REFER TO INSTRUCTION TO BIDDERS FORM FOR MORE DETAILED INFORMATION ON DEFINITIONS,
ABBREVIA T10NS, REQUIREMENTS AND CONDITIONS, AND METHOD OF MEASUREMENT AND PA YMENT FOR EACH PRICE ITEM IN
THE PROPOSAL FORM.
Section V.doc
Page 15
Revised 12/22/04
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Section VI
Davis Bacon Requirements
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Davis-Bacon by State Page 1 of 1
~._~......~-~~"
(Click on the State below to access General Decision County Index)
[ALABAMA IIMARYLAND IIRHODE ISLAND
IALASKA IIMASSACHUSETTS I ~OUTH CAROLINA
IARIZONA lIMICHIGAN I!sOUTH DAKOTA
~RKANSAS I !MINNESOTA IITENNESSEE
ICALlFORNIA IIMISSISSIPPI I !TEXAS
jcOLORADO IIMISSOURI lIuT AH
!cONNECTICUT IIMONTANA I !VERMONT
IDELAWARE IINEBRASKA IIVIRGINIA
IFLORIDA )k IINEVADA ItNASHINGTON
pEORGIA IINEW HAMPSHIRE I WEST VIRGINIA
IHAWAII I/NEW JERSEY I tNlSCONSIN
IIDAHO IINEW MEXICO IIVVYOMING
IILLlNOIS IINEW YORK DISTRICT OF COLUMBIA
IINDIANA I/NORTH CAROLINA
II0WA IINORTH DAKOTA U.S. TERRITORIES I
IKANSAS I/OHIO IGUAM I
IKENTUCKY IIOKLAHOMA I 'NORTHERN MARIANA ISLANDS I
ILOUISIANA I !OREGON IlpUERTO RICO I
IMAINE IIPENNSYLVANIA IIVIRGIN ISLANDS I
htto:/ /www.access.gpo.gov/davisbaconlallstates.html
10/13/2005
Page 1 of 14
GENERAL DECISION COUNTY INDEX
STATE: FL
PUBLICATION DATE: 04/09/2004
I County II Building II Heavy II Highway II Residential
Alachua:
FL20030012 - II - -
- - - FL20030029
- - FL20030038 -
- FL20030059 - -
- FL20030094 I -
County Building Heavy ~I Highway Residential
Baker:
II - - II - FL20030029
II - - II FL20030036 -
II - . FL20030060 II - -
II FL20030078 I - II - -
II - II FL20030094 II -
County II Building II Heavy II Highway I Residential
Bay:
FL20030005 I - II - II -
- - II - II FL20030019
- - II FL20030043 II -
- FL20030057 II - II -
- FL20030094 II - I
County Building II Heavy ~I Highway II Residential I
Bradford: I
II - II - II - FL20030029
I - I - II FL20030038 - I
- FL20030060 II - - I
FL20030088 - II - - I
- I FL20030094 II -
County Building II Heavy II Highway Residential I
IBrevard: I
I II FL20030004 II - II - II -
I II FL20030017 II FL20030017 II FL20030017 II - I
I II II II II I
l.t+n./I"mm, ",,.,.pcc ann (Jnv/n::lVl~h::l~nn/f1 ntml
10/13/2005
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Excluded Parties List System
Page 1 of 1
* Search Menu
......__<"'.._"~~M__.._N_~_.N_______
* Resources
.,. Public User's Manual
~ FAa
Current
exclusions
., Name
~. Multiple Names
., DUNS
Il'. Agency
.. State/Country
.. Action Dates Searches for a current exclusion by the exact name or all exclusions with the partial
name specified.
.,
T . ti 0 t Individual exact name: Last, First Middle Name/Initial < Doe, John A >
ermlna on a eslndividual partial name: Last name only < Doe>
... Exact Name Company name beginning with the word 'The' < Joe Doe Company, The>
and SSN/TIN Symbols require two search methods: < John & Doe, Inc. >< John and Doe,lnc >
Numbers require two search methods: <3 Doe Company> < Three Doe Company>
)t. CT Code
Click here for EPLS NEWSI
*Reports Menu
.. Lists Report
... Supplemental Report
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Report
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.. Lists Data Report
.. Supplemental Data Repo
.. Cause and
Treatment Code
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and Treatment
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Namel............__
Match: @ Partial Name n Exact Name
I * Archive Menu.
.... .... Past exclusions
.. Name
~ Multiple Names
*Contact Information
..
. support@epls.gov
EmaJl:
.. 1-866-GSA-EPLS
Phone:1-866-472-3757
..
. eplscomments@epls.{
Emall:
~...,.
~
*Agency &
Acronym Info
"Agency
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* Related Links
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Maintenance
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.. Upload Login
htto:11 eols.arnet. gOV leolsl servletlEPLSSearchMainll
10/13/2005
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W AIS Document Retrieval
Page I of5
GENERAL DECISION: FL20030008 FL8
Date: June 13, 2003
General Decision Number: FL20030008
Superseded General Decision No. FL020008
State: Florida
Construction Type:
BUILDING
County (ies) :
PINELLAS
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes and apartments up to and including four
(4) stories)
Modification Number
o
Publication Date
06/13/2003
COUNTY (ies) :
PINELLAS
SUFL1034A 02/09/1995
ASBESTOS ABATEMENT WORKERS
BRICKLAYERS/BLOCKLAYERS
Rates
9.14
11.70
Fringes
hffn. / /frwp.hO"~tp. ~r.r.p.~~. o-no.l!ov/clri-hin/l!etrloc.c~?dbname=Davis-Bacon&docid=FL200... 10/1312005
W AIS Document Retrieval
CARPENTERS (Including Batt Insulation
& Acoustical Tile Insulation)
CARPET LAYERS
CEMENT MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
DRYWALL HANGERS
ELECTRICIANS
GLAZIERS
HVAC MECHANICS (pipe Work Only)
IRONWORKERS:
Ornamental
Reinforcing
Structural (Including Metal
Building Erection)
LABORERS:
Asphalt Rakers
Mason Tenders
Pipelayers
Unskilled
LATHERS
PAINTERS, BRUSH (Excluding
Drywall Finishing)
PLASTERERS
PLUMBERS (Excluding HVAC Work)
POWER EQUIPMENT OPERATORS:
Backhoe
Dozer
Loader
ROOFERS
SHEET METAL WORKERS (Including
10.58
11.84
11.12
11. 42
11.02
10.13
10.88
10.91
.75
8.61
10.00
9.10
2.97
7.00
8.35
8.81
6.90
11.00
9.47
1.33
.41
11.05
10.01
1. 82
9.99
7.50
9.38
9.05
10.25
./
t.++-.II~,,~1-.~,,+~ "M'~<><' on" o"u/f'rn_l.in!cu>trlnf' f'()"i?r11-m~mf'=n~vic;:-R~~()l1~c1()c.irl=FT 200.__
Page 2 of5
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10/13/2005
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W AIS Document Retrieval
Page 3 of5
HVAC Duct Work)
SPRINKLER FITTERS
11.00
TILE SETTERS
11.24
TRUCK DRIVERS
7.78
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
I In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
II bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
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prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
nttn.llfnI1P}IO~tp ~N'PC:C: emn onv/l'.o-1-hin/cu"trlnl' l'.oi?rlhname=Davis-Bacon&docid=FL200... 10/13/2005
W AIS Document Retrieval
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
u. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
u.S. Department of Labor
200 Constitution Avenue, N. W.
1_.LL__ _ f/~___1- __.L_ ....._____ ___ __~r/_~ t...':_I_,...+A__ _n-:');r......'t""Ir')'t"no.~T'\'3"'1T;~_OI:)I"'I"'\"RTr1^/"";r1=HT 'JO{)
Page 4 of5 I
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1 ()/11. n()()"'i
I W AIS Document Retrieval Page 5 of 5
II Washington, D. C. 20210
I
The request should be accompanied by a full statement of the
I
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
I
requestor considers relevant to the issue.
I
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
I
Board (formerly the Wage Appeals Board). write to:
I
Administrative Review Board
I
U. S. Department of Labor
200 Constitution Avenue, N. W.
I
.Washington, D. C. 20210
II 4.) All decisions by the Administrative Review ~oard are final.
END OF GENERAL DECISION
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"httn.//frmpr.O!:ltp !:l(,(,P~~ ann onv/l'm_n;n/optrlnl' ('_m?cihn::lmp.=n::lvi~-R::l('.onRrci()~lcl=FT ,200___ 10/1312005
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U.S. Department of Labor
Wage and Hour Division
Form Approved
Budget Bureau No. 44-RI093
STATEMENT OF COMPLIANCE
Dale
!, . . do hereby Slllte:
(Name of siguatory party) (Title)
(1) That I payor supervise the payment of 1be persons employed by on the
(Contractor or SubcontrllClOr)
that duriIIg tbe payron period commencing on the _ day of _' 19_ and ending the _ day of . 19_, all pen;ons employed on
said project have been paid the full weekly wages camed that DO rebates have been or will be made either directly or indirectly to or on behalf on said
from the full weetly wages earned by any person and that DO deductions have been II\lIde eilher
(Contractor or SubcoJltrBctor)
diredly or indirectly from the fun wages earned by any person. other dIan permissible deductions as defined in ReguWions, Part 3 (29 CFR Subtitle
A), issued by Ihe Sc:crewy of Labor UDder the Copeland Act. as Amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c),
and descn"'bed below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage
rates for laborers or mechanics contained lherein are DOt less than the applicable wage rates contained in any wage detSenniDation incorporated into
tile ccmttld; lbat the classifications set fanh therin for each laborer or mechanic contonn iwbt the wade be performed.
. (3) That any appl'CIllices employed in the above period are duly regislcll:d in a bona fide apprenticeship program registered with a State
~ agency recognized by the Bureau of Apprenticeship and TraiDing, United States Department of Labor, or if no sucb recognized agency
exists in a State, are registered with the Bureau of Appremiceship and Training, United State Department of Labor.
(4) That:
(a) WHERE FRINGE BENEPITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
Din addition to die basic hourly wage rates paid to each laborer or mecbanic listed in the above refereuced payron
payments of fringe beuefits IS listed in the CODtraCt have been or will be made to appropriated programs for the
benefit of such employees, except as DOted in Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
O Each Laborer or mcdwUc: listed in the above rcfercoccd payroll bas been paid IS indicated on the payroll, an
amoUDt DOt less dw1 Cbe sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits
as 1is1ed ill the cootract. except as noted in sedioa 4(c) below.
(el EXCEPTIONS
EXCEPTIONS (- .-
R.emarts
"--11III TICIe SimaIIIre
'11Ic wW CIbltaIioD or III)' of dIl: above _ may IUbjoct dIl: _ or nbc:oDIncIDI' III dviI or crimiaal prosccuIiDIL See rccDaa 1001 of IiIIe II mol section 131 of odc
31 of lhe UDitaI StaIICI CIIdc.
Fana WH..J4I (1161) PIm:huc Ibis fonD dirccdJ fmm !he 5upt. of 00claDcIu
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EXHIBIT VIII-T. Cant.
(4) That
(a) WHERE FRINGE BENEFITS ARE PAID TO APPRO/ED PLANS, FUNDS, OR PROGRAMS
o
In addition to the basic hourly wage rates paid to each labor or mechanic Osted in the above
referenced payroll, payments of fringe benefits as rJS1ed in the contract have been or will be made
to appropriate programs for the benefit of such employees, except as noted in Section 4(e) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on
the payron, an amount not less than the sum of the applicable basic hourly wage rate plus the
amou.lt of the required fringe benefits as rlSted in the contract, except as noted in Section 4( c)
below.
(c) EXCEPTIONS
o
EXCEPTIONS (CRAFT)
EXPLANATION
REMARKS:
NAME AND TITLE (Typed)
SIGNATURE
THE LAWFUL FALSIACATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION (SEE SECTION 1001 OF TITLE 16 AND SECTION 231 OF TITLE
31 OF THE UNITED STATES CODE.)
VIIJ.T-2
(Revised 4101)
(Revised 4.01)
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EXHIBIT VIII- T
STATEMENT OF COMPUANCE. Fonn WH-348
u.s. DEPARTMENT OF LABOR
WAGE AND HOUR DNISION
Form Approved
Budget Bureau No. 44-R1093
Date
I,
(Name of Signatory Party)
(Title)
do hereby state:
(1) That I paid or supervised the payment of the person employed by
on the
(ConUadororSubconUado~
(BuDding or Work)
during the payroll period commencing on the day of
20_ and ending on the day of 20 all persons employed on said project have
been paid the full weekly wages earned, that no rebates have been or will be made either directly or
indirectly to or on behalf of said
(ConUador or SuboonUaclor)
person and that no deductions have been made either directly or indirectly from the full wages earned by
any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A),
issued by the Seaetary of Labor under the Copeland Act, as amended (48 Stat 948.63 Stat. 180, 72
Stat. 967; 76 Stat 357; 40 U.S.C. 276c), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics amtained therein are not less than
the applicable wage rates contained in any wage determination incorporated into the contract; that the
classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and
Training, United States Department of Labor, or if no such recognized agency exists in a State, are
registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
VIIJ.T-1
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EXHIBIT VIII-T, Cont.
INSTRUCTIONS FOR PREPARATION OF
STATEMENT OF COMPLIANCE
This statement of compDance meets needs resulting from the amendment of the Davis-Bacon Ad. to
include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe
benefits as predetennined by the Department of Labor, In addition to payment of the minimum rates. The
contractor's obrlQation to pay fringe benefits may be met by payment of the fringes to the various plans,
funds, or programs by making these payments to the employees as cash in rl8u of fringes.
The contractor should show on the face of his payroD all monies paid to the employees whether as basic
rates or as cash in lieu of fringes. The contractor shaD represent in the statement of compfiance that he is
paying to others fringes required by the contact and not paid as cash in Deu of fringes. Detailed
insbuctions follow:
Contractors who pay all required fringe benefits:
A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than
predetermined in the applicable wage decision of the Secretary of Labor shall continue to show on the
face of this payroll the basic cash hourfy rate and overtime rate paid to his employees, just as he has
always done. Such a contractor shaD check paragraph 4(a) of the statement 10 indicate that he is also
paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits
for each craft. Any exception shan be noted in Section 4(c).
Contractors who pay no fringe benefits:
A contractor who pays no fringe benefits shall pay 10 the employee and insert in the straight time hourly
rate column of his payroll an amount not less than the predetennined rate for each classification plus the
amount of fringe benefits determined for each classification in the appficable wage decision. Inasmuch as
it is not necessary 10 pay time and a haW on cash paid in lieu of fringes, the overtime rate shall be not less
than the sum of the basic predetermined rate, plus the half time premium of the basic or regular rate plus
the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is
suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly
rate oolumn, thus $325/.40. In adcfmon, the contractor shall check paragraph 4(b) of the statementto
indicate that he is paying fringe benefits in Cash directly 10 his employees. Any exception shall be noted in
Section 4(c).
Use of Section 4{ e). Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the
wage determination requires is obligated to pay the defidency directly 10 the employees as cash in lieu of
fringes. Any exception to Section 4(a) or 4(b), whichever the contractor may check, shan be entered in
Section 4(c). Enter in the Exception oolumn the craft and enter in the Explanation column the hourly
amount paid the employees as cash in rl8u of fringes, and the hourly amount paid to plans, funds, or
programs as fringes.
GPO: 19810 -345-632
For sale by the Superintendent of Documents
U. S. Government Printing Office
Washington DC 20402
VIII-T-3
(Revised 4101)
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Federal Labor Standards Provisions
u.s. Department of Housing
and Urban Development
~
,r
AppJlcabillty
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
lollowing Federal Labor Standards Provisions.are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. (J) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United Stales Housing Act of
1937 or under the Housing Act 01 1949 in the construction or development
of the proj~ wDl be paid unconditionally and not less often than onca a
week. and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations Issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3). the full amount
of wages and bona fide fringe benefits (or cash equivalents thereo~ due at
time of payment computed at rate!! not less than those contained in the
wage determination of the Secretary of Labor which Is attached hereto and
made a part hereol, regardless of any contractural relationship which may
be alleged to eKist between the contractor and such laborers and
mechanics. Conbibutions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid tQ such laborers or
mechanics. subject to the provisions of 29 CFR"S.5(a)(l)(iv): also, regular
contributions made or costs incurred for more than a weekly perioct (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly perioct, are deemed to be constructively made or
incurred during such weekly perioct.
Suclllaborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination lor the classification of work
actually performed. without regard to skill, except as provided In 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified lor each classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent In each classification in
which work is per1ormed. The wage determination (including any additional
classification and wage rates conlormed under 29 CFR Part 5.5(a)(1)(iij and
the Davis-Bacon poster (WH-1321) shall be posted at all times by the con~
tractor and Its subcontractors at the site of the wor1< in a prominent and
accessibl~ place where it can be easily seen by the workers.
Cd) (a) Any class 01 laborers or mechanics which is not listed in the
wage detem'lination and which is to be employed under the contract shall
be dassified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination: and
(2) The classification is utilized in the area by the construction
industry: and
(3) The proposed wage rate. including any bona fide lringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) " the contractor and the laborers and mechanics to be employed
in the classification (if known). or their representatives. and HUD or its
designee agree on the classification and wage rate Oncluding the amount
designated for fringe benefits. where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration. U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative. will approve, modify. or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 3O-day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor. the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
Previous Edition is Obsolete
HUD or Its dJsignee shall refer the questions, including the views 01 all
interested parties and the recommendation of HUD or its designee, to the
Administrator lor determination. The Administrator, or an authorized repre-
sentative, will issue a determination within 30 days of receipt and so advise
HUD or Its designee or will notily HUD or its designee within the 3O-day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d) The wage rate Qncluding fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract from the fimday on which work is performed in the classification.
(6J) Whenever the minimum wage rate prescribed In the contract for a
class of laborers or mechanics includes a lringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefil as
stated in l\)e wage determination or shall pay another bona fide lringe
benefit or .{In houriy cash equivalent thereof.
(Iv) II the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechenic the amount 01 any costs reasonably anticipated In providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the wrinen request of ,the contractor,
that the applicable standards 01 the Davis-Bacon Act have been mel The
Secretary of Labor may require the contractor to set aside in a separate
account assets lor the meeting 01 obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.) .
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative 01 the Department 01 Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
F~erally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary'to pay
laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the lull amount of wages
required by the contract In the event of failure to pay any laborer or .
mechanic, including any apprentice, trainee or helper, employed or working
on the site of the wor1< (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the '
project), all or part 01 the wages required by the contract. HUD or its desig..
nee may, after written notice io the contractor, sponsor, applicant. or owner,
take such action as may be necessary to cause the suspension of any
further payment. advance, or guarantee ollunds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld lor and on account 01 the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case 01 direct
Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years therealler for all laborers and
mechanics wor1<ingat the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949. in the construction
or development 01 the project). Such records shall contain the name:
address. and social security number of each such worker, his or her cor-
rect classification, hourly rates 01 wages paid Oncluding rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1 (b)(2)(B) 01 the Davis-b.:'con Act).
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary 01 Labor has lound under 29 CFR 5.5
(a)(l)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1 (b)(2)(B) of the Davis-Bacon Act. the contractor
shall maintain records which show that the commitment to provide sllch
4.38
HUD-4010 (2.841
IHB1344.11
:..~
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benefits is enlorceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the
laborers or mechanics affected; and records which show the costs antici-
pated or the actual cost incurred in providing such benefits. Contractors
'employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certifi-.
cation 01 trainee programs, the registration .01 the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Nl,lmbers 1215-0140 and 1215-oo17~ .
(II) (a) The contractor shall submit weekly lor each week In which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract. but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmission .to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the Inlonnation
required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information
may be~submltted In any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent 01 Docu-
ments (Federal Stock Number 029-005-00014-1), U.s. Government Printing
Office. Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by Ii .Statement 01
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the lollowing:
(1) That the peyrolllor the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)Q) and that such
information Is correct and complete;
. (2) That each laborer or mechanic Qncluding each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned; without rebate, either directly
or Indirectly, and that no deductions have been made either directly or indi-
rectly from the lull wages earned, other than permissable deductions as set
lorth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication 01 work performed, as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission 01 a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A.3.Qi)(b) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 01 Title 18 and Section 231 of Title 31 01 the United States Code.
(Iii) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) 01 this section avaiiable lor inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcon-
tractor lails to submit the required records or to make them available, HUD
or its designee may, alter written notice to the contractor, sponsor, appli-
cant, or owner, take such action as may be necessary to cause the sus-,
pension of any further payment, advance, or guarantee of funds. Further-
more, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12.
4. (J) Apprentices and Trainees. Apprentices. Apprentices will be per-
mitted to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible lor probationary employment as an
"
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apprentice. The allowable ratio of apprentices to journeymen on the job Sili
in any craft classification shall not be greater than the ratio permitted to the.
contractor as to the entire work force under the registered program. Any . .
worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of I
work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered prograrn
shall be paid not less than the applicable wage rate on the wage determi-
nation for the work actually performed. Where a contractor is perlorming I'
construction on a project in a locality other than that in which its program i..
registered, the ratios and wage rates (expressed in percentages of the jour-
neyman's hourly rate) specified in the contractor's or subcontractor's regis-
tered program shall be observed. Every apprenctice must be paid at not I
less than the rate specified in the registered program for the apprentice's .' ,
level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid .
fringe benefits in accordance with the provisions of the apprenticeship I
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination lor the applicable classification. If the Administrator .',
determind'that a different practice prevails for the applicable apprentice I
classificatiOn, fringes shall be paid in accordance with that determination. I '
the event the Bureau 01 Apprenticeship and Training, or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an t-
apprenticeship program, the contractor will no longer be permitted to utiliz
apprentices at less than the applicable predetermined rate for the work .
performed until an acceptable program is approved.
(il) Trainees. Except as pr~vided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work per- I
formed unless they are empioyed pursuant to and individually registered in
a program which has received prior approval. evidenced. by formal certifi.
cation by the U.S. Department of Labor. Employment and Training Admini- .1.
stration. The ratio 01 trainees to journeymen on the job site shall not be '
greater than permitted under the pian approved by the Employment and '
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe ben.efits in
accordance with the provisions of the trainee program. If the trainee pro-
gram does not mention fringe benefits, trainees shall be paid the lull
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a ,I. ,
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work
actually per1ormed. In addition, any trainee per10rming work on the job site I
in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wilge rate on the wage determination for the
wqrk actually performed. In the event the Employment and Training Admin-
istration withd~WS appr~~al of ~ training program, the co~tractor will no I
longer be permitted to utilize trainees at less than the applicable predeter~ , .
mined rate for the work per10rmed until an acceptable program is
approved.
(iil) Equal employment opportunity. The utilization of apprentices.
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall I
comply with th~ requirements of 29 CFR Part 3 which are incorporated by ,
reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any sub-
contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such
other clauses as HUD or its d~ignee may by appropriate instructions
require, and also a clause requiring the subcontractors to include these
clauses in any lower Iier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower Iier subcon- I
tractor with all the contract clauses in 29 CFR Part 5.5. ' '
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7. Contract. termination; debannenL A breach 01 the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract. and for debar-
r-nt as a contractor and a subcontnlctor as provided in 29 CFR 5.12-
,Compraance with Davis-Bacon and Related Act Requirements. All rul-
"'1:15 and Interpretations of the Davis-Bacon and Related Acts contained In
29 CFR Parts 1, 3, and 5 are herein Incorporat~ by relerence in this
contracl
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause 01 this contrael Such disputes shall be resolved In accor-
dance with the procedures 01 the Deparlm8rIt of Labor set forth In 29 CFR
P&r1S 5, 6, and 7. Disputes within the meaning 01 this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee, the Us. Department 01 L.ilbor, or the employees or their
representatives.
10. (I) Certification of EDglblRty. By entering into this contract. the con-
tractor certifies that neither It (nor he or she) nor any person or firm who
haS an in",rest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate In HUD programs pursuant to 24 CFR Part 24.
(II) No part 01 this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue oJ Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a){1) or to be awarded HUD contracts
or participate In HUD programs pursuant to 24 CFR Part 24.
(ill) The penalty for making lalse statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, Us. Crimnal Code. Section
1010. TlUe 18, U.s.C.. uFederal Housing Administration transactions", pro-
vides In part "Whoever, for the purpose of. . Jnnuencing in any way the
action of such Administration. . . makes. utters or publishes any statement,
knowing the same to be lalse. . . shall be fined not more than $5,000 or
Imprisoned not more than two years, or both."
;' .-'" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or
t2,echanlc to whom the wage. salary, or other labor standards provisions of
. this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify In any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
S Contract Work Hours and Safety Standards AcL As used in this para-
graph. the terms "laborers" and "mechanics. include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or inVolve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic In any workweek In which he or she is employed on such work
to work in excess of eight hours In any calendar day or in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
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pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess 01 eight hours in any catendar day or in
excess of forty hours in such workweek. whichever is greater.
(2) VIOlation; HabOlty lor unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph. the contractor and any subcontractor responsible therefor shall
be liBble lor the1Jnpaid wages. In addition. such contractor and subcOn-
tractor shall be liable to the United States (in the case of work done under
contract tor the District of Columbia or a territory. to such District or to such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each Individual laborer or mechanic, inCluding
watchmen and guards, employed in violation of the clause set forth In sub-
paragraph (1) 01 this paragraph. in the sum of $10 for each calendar day on
which such indiyidual was required or permitted to work in excess of eight
hours or In excess of the standard workweek of lorty hours without pay-
ment 01 the overtime wages required by the clause set forth in subpara-
graph (1) 01 this paragraph.
(3) Withholding for unpaid wages and fiquldated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account 01 work performed by the
contractor dt subcOntractor under any such contract or any other Federal
contract wltn the same prime contract. or any other Federally-assisted con-
tract subject to the Contract Work Hours and Safely Standards Act, which
is held by the same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities 01 such contractor or subcontractor
lor unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) 01 this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or iower tier subcontrac- .
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary. hazardous, or danger-
ous to his health and safely as determined under construction safely and
health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and .
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54. 83 Slal96).
(3) The Contractor shall include the provisions of this Article in every ,
subcontract so that such provisions wlll be binding on each subcontractor.
The Contractor shall take sucb action with respect to any subcontract as .
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions. '
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HUD-4010 (2-841
Federal Labor Standards Provisions
u.s. Department of Housing
and Urban Development
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Applicability
The Project or Program to which the construction work covered by
this contract pertains is being BSSisted by the United States of America
and the fonawing Federal Labor StaDdarcf.s Provisions are included in
this ContraCi pursuant to the provisions applicable to such Federal
assistance.
,\. 1. (i) MiDimum Wages. All laborers and mechanics employed
or working upon the site of the worle (or under the United States Hous-
ing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not
less often than once a week. and without subsequent ,deduction or re-
bale OD any account (except such payroll deductions as are permitted
by resuJations issued by the Secretary of Labor under the Copeland
Act (29 CPR Part 3), the full amount of wages and booa fide friDge
benefits (or cash equivalClllts thereof@ due at time of paymClllt com-
putecl at rates Dot less than those contained in the wage determination
of the Secretary of Labor wbich is attached bereto and made a part
hereof. regardicss of any contractual relationsbip which may be al-
Icgecf to Cltist between the contractor and sucb laborers and mechan-
ics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on be-
half of laborers or mechanics are considered wages paid to such Ia-
boren or mechanics, subject to the provisions of 29 CFR-S.S(a)(I)(iv);
also, regular contributions made or costs incurred for more than a
wce1cI, period (but not less often tlum. quarterly) under plans, funds.
or programs, which cover tho particular weeJdy period, are deemed to
be constructively made or incwred during such weekly period.
Such laborers and mechanics sball be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided
in 29 CPR Part 5.5(a)(4). Laborers or mechanics performing worle in
more than one classification may be compensated at the rate specified
for each classification for the time actually worked therein: Provided.
That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determi-
nation (including any additional classification and wage rates con-
fonned under 29 CPR Part S.5(a)(I)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its sub-
contractors at tho site of the work in a prominent and accessible, place
where it can be easily seen by the workers.
(II) (a) Any class of laborers or mechanics which is not listed in the
wage determination and whicb is to be employed under the contract
sba1l be classified in conformance with the wage determination. HUD
shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(%) The classification is utilized in the area by the construction in-
duslry; and
(3) The proposed wage rate. including any bona fide fringe benefits.
bears a reasonable relationship to the wage rates contained in the wage
determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or
its designee agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of
the actioD taken shall be sent by HUD or its designee to the Adminis-
trator of the Wage and Hour Division. Employment Standards Admin-
istration. U.S. Department of Labor. Washington, D.C. 20210. The
Administrator, or an authorized representative, wiJI approve, modify.
or disapprove every additional classification action within .30 days of
receipt and so. advise HUD or its designee or will notify HUD or its
designee within the 3O-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB con-
trol number 1215-0140.)
(e) In the event the contractor, the laborers or mechanics to be em-
ployed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits. where appropri-
ate), HUD or its designee shall refer the questions. including the views
of all interested parties and the recommendation of HUD or ita desig-
nee. to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days
of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB Con-
trol Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) de-
termined pursuant to subparagraphs (1)(b) or (c) of this paragraph,
shall be paid to all workers performing work in the classification un-
der this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate. the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(Iv) H the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program. Pro-
vided. That the Secretary of Labor has found. upon the written re-
quest of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of
Management and Budget under OMS Control Number 1215-0140.)
2. Withholding. HUD or its designee sball upon its own action or
upon written request of an authorized representative of the Depart-
ment of Labor withhold or cause to be withheld from the contractor
under this contract or any other FcdcraJ contr8ct with the same prime
contractor, or any other Federally-assiste4 contract subject to Davis-
Bacon prevailing wage requirements. which is held by the same prime
contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including ap-
prentices, trainees and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract In the
event of failure to pay any laborer or mechanic, including any appren-
tice, trainee or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the project), all or
part of the wages required by the contract, HUD or its designee may.
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
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bave ceased. HUD or its designee may, after written notice to the
contractor. disburse such amoUDtl withheld for and on account of the
contractor or subcontractor to the respective employees to whom they
am due. The Comptroller Ococnd shall make such disbursements in
lhe case of direct Davis-Bacon Act contracts.
3. (I) Payrolls alld basic record.. Payrolls and basic records relat-
ing therat1shall be maintained by the contractor during the course of
the work pl'CSCn/ed for a period of three years thereafter for aD labor-
ers and mechanics working at the site of lbe work (or under the United
States Housing Act of 1931. or under the Housing Act of 1949, in the
CODStnIctlon or development of the projcct). Such records shall con-
t&iD the name. address. and social security uumber of each such worker,
his or her conect classification. hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe ben-
efits or cash equivalents thereof of the types described in Section
1(b)(2)(B) of the Davis-bacon Act). daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Sec-
retary of Labor has found under 29 CPR 5.5 (a)(I)(iv) that the wages
of any laborer or mechanic include the amount of IJIY costs reason-
ably anticipated in providing benefits under a plan or program de-
scribed in Section l(b)(2)(B) of the Davis-Bacon Act. die contractor
shall maintain records which sbow that the commitment to provide
such benefits is enforceable, that the plan or program is financially
responsible. and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such ben-
efits. Contractors employing apprentices or trainees undec approved
prosrams shall maintain written evidence of the regiJtralion of ap-
prenticeship programs and certification of trainee programs, the reg.
istration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OM B Control Numbers 1215-0140
and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is penormed a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if the agency is
DOt such a party. the contractor win submit the payrolls to the appli-
cant sponsor, or owner, as the case may be, for transmission to HUD
or its clcsignec. The payrolls submitted shallse! out accurately and
complctc1y all of the information required to be maintained under 29
CPR Part 5.S(a)(3)(i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Docnments (Federal
Stoclc Number 029-005-00014-1), U.S. Government Printing Office.
Washington. DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by
the Off ice of Management and Budget under OMB Control Number
1215-0149.) -
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or snbcontnctor or his or her
aacnt who pays or supervises the payment of the persona employed
under tho contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CPR Part 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
I, and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either di-
rcct1y or indirectly, and that no deductions have been made either
dimctly or indirectly from the full wages earned, other than permis.
sible deductions as set forth in 29 CFR Part 3;
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(3) That each laborer or mechanic has been paid not less tban the
applicable wage rates and fringe benefits or cash equivalents for the
classification of worle performed., as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submiS$ion of the "Statement of Compliance" required
by paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under
Section 1001 of TItle 18 and Section 231 of Title 31 of the United
States Code.
(in) The contractor or subcontractor sball make the records required
undec paragraph A.3.(i) of this section available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its des-
ignee or tbe Department of Labor. and shall permit such representa-
tives to interview employees during worldng hours on the job. If the
contractor or subcontractor fails to submit tbe required records or to
make them available. HUD or its designee may, after written notice to
the contractor, sponsor, applicant or owner. take such action as may
be necessary to cause the suspension of any further payment advance.
or guarantee of funds. Funhermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CPR Part 5.12.
4. Apprentices aad Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they arc
employed pursuant to and individually registered in a bona fide ap-
prenticeship program registered with the U.S. Department of Labor.
Employment and Training Administration. Bureau of Apprenticeship
IJId Training. or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but wbo
has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater tban tbe ratio permitted to tbe contractor as to the
entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate. wbo is not registered or other-
wise employed as stated above, shall be paid not less than the appli-
cable wage rate on the wage determination for the classification of
work actually perfonned. In addition, IJIY apprentice perfonning work
on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate OD the
wage determination for the work actually pecformed. Where a con-
tractor is performing construction on a project in a locality other than
that in which its program is registered. the ratios and wage rates (ex-
pressed in percentages of the journeyman's hourly rate) specified in
the contractor's or subcontractor's registered program shall be ob-
served. Every apprentice must be paid at not less than the rate speci-
fied in the registered program for the apprentice's level of progress.
expressed as a perceutage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship pro-
gram. If the apprenticeship program does Dot specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Ad-
ministrator detennines that a different practice prevails for the appli-
cable apprentice classification. fringes shall be paid in accordance
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with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the con-
tractor will no longer be permitted to utilize apprentices at less than
the applicable prcdeterminc:d rate for the work performc:d until an
acceptable program is approved.
(il) 'IhdDee& Except as provided in 29 CPR 5.16, trainees will not
be permittect to work at less than the predetenninc:d rate for the work
performc:d unless they are employc:d pursuant . ,to and individually
resistered in a program whicb has received prior approval, evidenced
by f~ certification by the U.S. Department of Labor, Employ-
ment ud Training Administration. The ratio of trainees to journey-
men On the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate spccific:d in the approved
program for the trainee's level of progress. expressed as a percentage
of the journeyman hourly rate specified in the applicable wage deter.
miDation. Trainees shaJJ be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed On the wage determination unless the Administrator of
the Waso and Hour Division determines that there is an apprentice-
ship program associated with the correspondingjoumeyman wage rate
OD the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee
rate wbo is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less
dum the applicable wage rate on the wage determination for the work
actually performed. In addition. any trainee performing work on the
job site in excess of the ratio permittc:d under the registered program
shall be paid not less than the applicable wage rate on the wage deter.
mination for the work actually performed. In the event the Employ-
ment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed
DDtil an acceptable program is approved.
(iia1 Equal employment opportunity. The utilization of appren-
tices. traiDees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246. as amended, and 29 CPR Part 30.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CPR Part 3 which are incor-
porated by reference in tbis contract
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contained in 29 CPR 5.5(a)(I) through (10)
and such other clauses as HUD or its designee may by appropriate
instructions require, and alsCJ"a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. Tbe prime con-
tractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with ail the contract clauses in 29 CPR
Part 5.5.
7. Contract tenoination; debarment. A breach of the contract
clauses in 29 CPR 5.5 may be grounds for termination of the contract
and for debarment as a contractor and a subcontractor as providc:d in
29 CPR 5.12.
8. CompllaDc:e with Davls-Bacou and Related Act Requirements. All
rulings and interpretations of the Davis-Bacon and Related Acts con-
tained in 29 CPR Parts t. 3, and 5 are herein incorporated by refer-
encc in this contract
9. Disputes concerniug labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of tbis contract. Such disputes shall be
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resolved in accordllDCC witb the procedures of the Department of La~
bor set forth in 29 CPR Parts 5, 6. and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its
subcontracton) and BUD or its designee, the U.S. Department of La-
bor. or the employees or their representatives.
10. (i) Certifieation 01 EUgibillty, By entering into this contract
the contractor certifies that neither it (nor he or she) nor uy person or
firm who has u interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CPR 5.]2(a)(I) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CPR
Part 24.
(m No pan of this contract shall be subconuacted lO any person or
firm ineligible for award of a Government contract by virtue of Sec-
tion 3(a) of the Davis-Bacon Act or 29 CPR 5. 12(a)(I) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CPR
Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.c. 1001. AdditionaUy. U.S. Criminal Code,
Section 1 01 0, TItle 18. U.S.C., "Federal Housing Administration
transactions", provides in part: "Whoever, for the purpose of . . . in-
fluencing in any way the action of such Administration..... makes,
utter. or publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not more than two
years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or otber labor stan-
dards provisions of this Contract are applicable shall be discharged or
in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filc:d any complaint or in-
stituted or caused to be instituted any proceeding or bas testified or is
about to testify in any proceeding under or relating to the labor stan-
dards applicable under this Contract to his employer.
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B. Contract Work Hours Bnd Safety Standards Act. As used in
this paragraph, the terms ''laborers'' and "mechanics" include watch-
men and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or in-
volve the employment of laborers or mechanics shall require or per-
mit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of eight hours in any
calendar day or in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all houn worked iu excess
of eight hours in any calendar day or in excess of forty hours in such
workweek, whichever is greater.
(2) Violation; liability for anpaid wages; liquidated damages. In
the event of any violation of the clause set forth in subparagraph (I)
of this paragraph, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such con-
tractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a
territory. to such District or to such territory): for Iiquidatc:d dam-
ages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (I) of
this paragraph. in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours
or in excess of the standard workweek of forty hours Without payment
of the overtime wages required by the clause set forth in sub para-
graph (I) of this paragraph.
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(3) Withholding for unpaid ...a&es and liquidated damages, HUD
or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld. from any moneys payable on account of work per-
formed by the contractor or subcontractor under any such contract or
8JI)' other Federal contract with the same prime contract. or any other
Federally-!Wisted contract subject to the Contract Work Hours and
Safety Sblndards Act which is held by the same prime contractor such
sums as may be determined to be necessary to satisfy any liabilities
of sucb contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set fonh in subparagraph (2) of this
paragraph.
(4) SubcoDtraCts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth ill subparagraph (l) through (4) of
this paragraph and also a clause requiring the subcontracton to in-
clude these clauses in any lower tier subcontracts. The prime con-
tractor sball be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subparagraphs
(I) through (4) of this paragrapb.
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C. Health and Safety
(l) No laborer or mechanic sball be required to work in surroundings
or under working conditions which are UDsanitary. hazardous, or dan-
gerous to his health and safety as determined under construction safely
and health standards promulgated by the Secretary of Labor by regu-
lation.
(1) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151
8) and failure to comply may result in imposition of sanctions pursu-
ant to the Contract Work Hours and Safety Standards Act (Public Law
91-54. 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in ev-
ery subcontract so that such provisions will be binding on each sub-
contractor. The Contractor shall take sucb action with respect 10 any
subcontract u the Secretary of Housing and Urban Development or
the Secretary of Labor sball direct as a means of enforcing sucb pro-
visions.
I Pl'8lllous edition is obsolete
Page4of4
form HUD-4010 (2184)
ref. Handbook 1344.1
Supplementary Conditions of
the Contract for Construction
u.s. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
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Article 1 - Labor Standards
Instructions
Whenever only FHA mortgage insurance is involved, use paragraph
(A) and (C) of Article 1 - Labor Standards. Whenever any direct form
of assistance (Section 8, Section 2021811 Capital Advance, grants
etc.) Is involved, use paragraphs (A) and (B) and (C) of Article 1 -
Labor Standards.
Applicability
'The Project or Program to which the construction work covered by
this contract pertains is being assisted or insured by the United
States of America and the following Federal Labor Standards Provi-
sions are included in this Contract or related Instrument pursuant to the
provisions applicable to such Federal assistance or insurance.
A. 1. (I) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid uncondition-
ally and not less often than once a week. and without subsequent
deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in
the wage determination of the Seaetary of Labor which is atJached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section
1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject
to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions
made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination forthe classifica-
tion of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics perform-
ing work in more than one classification may be compensated at the
rate specified for eaCh classification for the time actually worked
therein: Provided, That the employer's payroll records accurately set
forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and
wage rates confonned under 29 CFR Part 5.5(a)(1)oQ and the Davis-
Bacon poster (WH-1321) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a praninent. and
accessible place where it can be easily seen by the workers.
(Ii) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met
(1) The work to be performed by the classification
requested is not perfonned by a classification in the
wage determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefrts, bears a reasonable relationship to the
wage rates contained in the wage determination.
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(b) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or their representatives,
and HUD or its designee agree on the classification and wage rate
Qncluding the amount designated for fringe benefits where appropri-
ate), a report of the action taken shall be sent by HUD or its designee
to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington,
D.C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise HUD or its designee or wiD
notify HUD or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechan.
ics to be employed in the classification or their representatives, and
HUD or its designee do not agree on the proposed classification and
wage rate Qncluding the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a detenni-
nation within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 3O-day period that
additional time is necessary. (Approved by the Office of Manage-
ment and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) detennlned pursuant to subparagraphs A.1.(ii)(b) or (c)
of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is
performed in the classification.
(III) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefrt
which is not expressed as an hourly rate, the contractor shall either
pay the benefrt as stated in the wage detennination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(Iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the
written request of the contractor, thatthe applicable standards of the
Davis-Bacon Ad have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
2. WIthholding. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed
by the contractor or any subcontractor the full amo\Jnt of wages
required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or
working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the
contract, HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, ad-
vance, or guarantee of funds until such violations have ceased. HUD
Replaces FHA-2554 which is obsolete.
Page 1 of 4
form HUD-2554 (212002)
ref. Handbook 4571.1
or its designee may, after written notice to the contractor, disburse
such amounts withheld for and on account of the contractor or
subcontractor to the respective employees to whom they are due. The
Comptmller General shall make such disbursements in the case of
direct Davis-Bacon Act contracts.
3. (I) payrons and basic records. Payrolls and basic records
relating theretoshaJl be maintained by the contractor during the course
of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949,
in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid
Ondud"mg rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in Section
1 (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actuaJ wages paid. Whenever the
Secre1ary of Labor has found under 29 CFR 5.5(a)(1 )Ov) that the wages
of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in
Section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employ-
ing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable
programs. (Approved by the Office of Management and budget under
OMB Control Numbers 1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to HUD
or its designee if the agency is a party to the contract, but if the
agency is not such a party, the contractor will submit the payrolls to
the applicant, sponsor, or owner, as the case may be, for transmis-
sion to HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(ij. This information may be
submitted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014~1), U.S. Gov-
emment Printing Office, Washington, D.C. 20402. The prime con-
tractor is responsible for the submission of copies of payrolls by all
subcontractors. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcontrac-
tor or his or her agent who pays or supervises the payment oithe
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be maintained under 29 CFR
Part 5.5(a)(3)(i) and that such information is correct and
complete;
(2) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the con.
tract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either
directly or indirectly from the full wageseamed, other
than permissable deductions as set forth in 29 CFR Part
3;
(3) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefrts
or cash equivalents for the classification of work per-
formed, as specified in the applicable wage determina-
tion incorporated into the contract
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(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A;3.(ii)(b) of this section.
(d) The falsification of any of the above certifications
may subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 1 B and Section 231 of Title
31 of the United States Code.
(1fI) The contractor or subcontractor shall make the records
required under paragraph A.3.(i) of this section available for inspec-
tion, copying, or transcription by authorized representatives of HUD
or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to
29 CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices
will be permitted to work at less than the predetermined rate for the
work they performed when they are' employed pursuant to and
individually registered in a bona fide apprenticeship program regis-
tered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a
State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for proba-
tionary employment as an apprentice. The allowable ratio of appren-
tices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a con-
tractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates
(expressed in percentages of the joumeyman's hourly rate) specified
in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the joumeymen hourly rate
specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the appren-
ticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classifi-
cation. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize appren-
tices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
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Replaces FHA-2554 which is obsolete.
Page 2 of 4
form HUD-2554 (2/2002)
ref. Handbook 4571.1
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(II) Trainees. Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior ap-
proval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of train-
ees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Adminis-
tration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, ex-
pressed as a percentage of the journeyman's hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage determi-
nation unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with
the corresponding joumeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted underthe registered program
shall be paid not less than the applicable wage rate on the wage
det~rmination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(III) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The con-
tractor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in
any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through
(10) and such other clauses as HUD or its designee may be
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcon-
tracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract
clauses in 29 CFR Part 5.5.
7. Contracttermlnationj debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the contract,
and for debarment as a contractor and a subcontractor as provided
in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Require-
ments. All rulings and interpretations of the Davis-Bacon and Re-
lated Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Depart-
ment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
10. (I) Certification of Eligibility. By entering into this contract
the contractor certifies neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Govemment contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
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(II) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Govemment contract by virtue
of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to
24 CFR Part 24.
(III) The penalty for making false statements is prescribed in
the U.S. Criminal Code, 18 U.S.C.1001. Additionally, U.S. Criminal
Code, Section 1010, litle 18, U.S.C., "Federal Housing Administra-
tion transactions., provides in part: "Whoever, for the purpose of . .
. influencing in any way the action of such Administration. . . makes,
utters or publishes any statement, knowing the same to be false. .
. shall be fined not more than $5,000 or imprisoned not more than two
years, or both..
B. Contract Work Hours and Safety Standards Act. As used in
this paragraph, the terms 'aborers" and "mechanics" include watch-
men and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
2. Violation; Dabllltyfor unpaid wages, liquidated damages. In
the event of any violation of the clause set forth in subparagraph (1)
of this paragraph, the contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated dam-
ages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which
such individual was required or pennitted to work in excess of the
standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in subparagraph (1) of this
paragraph.
3. WIthholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of
work perlonned by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contrac-
tor. or any other Federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same
prime contractor such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses setforth in subparagraph (1) through
(4) of this paragraph and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in subpara-
graphs (1) through (4) of this paragraph.
C. The Contractor will be required to execute FHA Form No. 2403-
A, Contractor's Prevailing Wage Certificate, as a condition prece-
dent to insurance by the Federal Housing Administration of that
certain mortgage loan, or an advance thereof, made or to be made
by the mortgagee in connection with the construction of the project.
Article 2 - Equal Employment Opportunity
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds
Replaces FHA-2554 which is obsolete.
Page 3 of 4
form HUD-2554 (212002)
ref. Handbook 4571.1
obtained from the Federal Govemment or borrowed on the credit of
the Federal Govemment pursuant to a grant, contract, loan insur-
ance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the
following equal opportunity clause:
During the performance of this contract, the Contractor agrees as
fo/lows:
A. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to the
foRowing: Employment. upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training including
apprenticeship. The Contractor agrees to post in conspicuous places
available to employees and applicants for employment notices to be
provided setting forth the provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor state that all
quaftfied applicants will receive consideration for employment with-
out regard to race, color, religion, sex, or national origin.
C. The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding a notice to be provided advising the said
labor union or workers representatives of the Contractor's commit-
ments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment
D. The Contractor will comply with all provisions of Executive Order
11246 of September 24, 1965 and of the rules, regulations, and
relevant orders of the Secretary of Labor.
E. The Contractorwill furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
F. In the event of the Contractor's noncompliance with the nondis-
crimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further govemment contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations
or order of the Secretary of Labor, or as otherwise provided by law.
G. The Contractor will include the portion of the sentence immedi-
ately preceding paragraph A and the provisions of paragraphs A
through G in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontrac-
tor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Secretary of Housing and
Urban Development orthe Secretary of Labor may direct as a means
of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event the Contractor becomes in-
volved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Secretary of Housing and
Urban Development or the Secretary of Labor, the Contractor may
request the United States to ener into such litigation to protect the
interests of the United States.
H. The applicant further agrees that it will be bound by the above
equal opportunity clause with respect to its own employment prac-
tices when it participates in federally assisted construction work:
Provided, That if the applicant so participating is a State or local
govemment, the above equal opportunity clause is not applicable to
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any agency, instrumentality or subdivision of such govemment which I
does not participate in work on or under the contract.
I. The applicant agrees that it will assist and cooperate actively with I
the administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal oppor-
tunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will fumish the administering agency and
the Secretary of Labor such infonnation as they may require for the I
supervision of such compliance, and that it will otherwise assist the --,
administering agency in the discharge of the agency's primary
responsibility for securing compliance.
J. The appficant further agrees that it will refrain from entering into I,
any contract or contract modification subject to Executive Order
11 ~46 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive I
order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors "
and subcontractors by the administering agency or the Secretary of
Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the applicant agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of
the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such appli-
cant; and refer the case to the Department of Justice for appropriate
legal proceedings.
Article 3 - Equal Opportunity for Businesses and Lower
Income Persons Located Within the Project Area
(Applicable to Section 236 projects, where the estimated replace-
ment cost of the project as determined by the Secretary of Housing
and Urban Development exceeds $500,000, and to all projects,
including Section 236 regardless of estimated replacement cost,
receiving rent supplement assistance under Title I, Section 101 of the
Housing and Urban Development Act of 1965.)
A. The work to be performed under this contract is on a project
assisted under a program providing direct Federal financial assis-
tance from the Department of Housing and Urban Development and
is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3
requires that to the greatest extent feasible opportunities for training
and employment be given lower income residents of the unit of local
govemment or the metropolitan area (or nonmetropofitan county) as
determined by the Secretary of Housing and Urban Development in
which the projects located and contracts for work in connection with
the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the same metropoli-
tan area (or non metropolitan county) as the project
Article 4 - Health and Safety
A. No laborer or mechanic shall be requi red to work in surroundingss
or under working conditions which are unsanitary, hazardous, or
dangerous to his health and safety as determined under construction
safety and health standards promulgated by the Secretary of Labor
by regulation.
B. The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerfy part 1518)
and failure to comply may result in imposition of sanctions pursuant
to the Contract Work Hours and Safety Standards Act (Public Law 91-
54,83 Stat 96).
C. The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcon-
tractor. The Contractor shall take such action with respect to any
subcontract as the Secretary of Housing and Urban Development of
the Secretary of Labor shall direct as a means of enforcing such
provisions.
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Replaces FHA-2554 which is obsolete.
Page 4 of 4
form HUD-2554 (212002)
ref. Handbook 4571.1
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,
Your RiglJts Undel' tlleFair Labor Standarc!s:Act '
beginning October 1, 1996
beginning September 1, 1997
Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar
days of employment with an employer.
Certain full-time students, student learners. apprentices. and workers with disabilities may be paid
less than the minimum wage under special certificates issued by the Department of Labor.
TIl) Credit - Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they
claim a tip credit against their minimum wage obligation IT an employees tips combined with the
employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer
must make up the difference. Certain other conditions must also be met.
Overtime Pay
At least 11/2 times your regular rate of pay for aD hours worked over 40 in a workweek.
Child Labor
An employee must be at least 16 years old to work in most non-farmjobs and at least 18 to work in
non-fannjobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work
outside school hours in various non-manufacturing. non-mining, non-hazardous jobs under the
following conditions:
No more than-
· 3 hours on a school day or 18 hours in a school week;
· 8 hours on a non-school day or 40 hours in anon-school week.
Also, wolk may not begin before 7 am. or end after 7 p.m.. except from June 1 through Labor Day,
when evening hours are extended to 9 p.m. Different rules apply in agricultural employment.
Enforcement
The Department of Labor may recover back wages either administratively or through court action,
for the employees that have been underpaid in violation of the law. Violations may result in civil or
crirn1naI action
Floes of up to $10,000 per violation may be assessed against employers who violate the child labor
provisions of the law and up to $1.000 per violation against employers who willfully or repeatedly
violate the minimum wage or overtime pay provisions. This law prohibits discrlrninating against
or discharging workers who file a complaint or participate in any proceedings under the Act.
Nate: · Certain occupations and estabIislunents are exempt from the minimum wage and/or
overtime pay provisions.
· Special provisions apply to walkers in American Samoa
· Where state law requires a higher minimum wage, the higher standard applies.
Par Addititmal bJforma.ti~ Contad the Wage and Hour Division office nearest you - listed in your
telephone directory under United States Government, Labor Department.
nus poster may be viewed on the Intemetat this address: http://www.dolgov/esalregslcompUancelpostelSlOsa.htm
TIle lan' l'equires employers to display t/lis poster n'/Jere
enlployees call1'eadily see it. '
u.s. Department of Labor
EmpJoymeot Standards Administration
Wage and Hour Df.vislon
Wasbfngton, D.C. 20210
La 19ualdad De Oportunidades De Empleo Es
. Empleadores con
Contratos 0
Subcontratos
Federates
Sollcltantes de empleo y empl....dos
de compaiilas prlvadas que t1enen un
contram 0 subcontrato federal son
protegldos por !as slgulentes aumrI-
clades feden.les:
RAZA, COLOR. REUGION,
SEXO, ORlGEN NACIONAL
La Orden del Poder Elecudvo 11246,
segun enmendada, prohlbe la dlscrl-
minac/on en eI emp/eo por razOn de
nza, color, religion, sexo u orlgen
nac/onal, y requlere progmnas de
acdan aflnnulva para asegurar la
Igualdad de opolUllllclades en todos
los aspecroc de emplea.
INDIVIDUOS CON
IMPEDIMENT05
La 5eccl6n 503 de Ia Ley de
RehabRicad6n cle 1973, segUn enmen-
clada. prohlbe Ia disalmlnadon en el
empleo por ru.6n de Impedimenta y
requlere programas de acdon aflrma..
tIva en fa contracadon y ascenso de
personas aJlflcadas con Impedlmen-
tCIS que, con comoclidacl nzonable,
pueden desempefiar !as fundones
esenclales del empleo.
VETERANOS DE LA ERA DE
VIETNAM. VETERANOS CON
IMPEDIMENTOS ESPECIALES,
Y OTROS VETERANOS
PROTEGIDOS
38 U.s.C.4212 de fa Ley de
Aslsrencia para Ia Reaclaplad6n de /os
Veceranos de Vietnam prohlbe Ia dis-
crfmlnadon en el empleo y exlge pro-
II'aII1U de accIon afll1l1ativa en Ia
conlnCl.don 'Y ascenso de ~os
a1l1icacfos de VietrAm Y de v_ranos
a1lf1cac1os con Impedlmenros espe-
ciales.
Cualquler persona que era que un
contntlsca no ha amplldo con sus
obHpdones rel'eren_ ala no dls-
crfminac/on 0 los prozranw de
accIlSn aflrmadYa bajo !as !eyes ante-
rIormenca mendonaclas debe comunJ..
carse de Inmediato ton:
The 0tIlce of Ndenl Conuaa:
Compliance f'ro&rams (OFCCP),
Employment 5randards
AcIm1nlslradon, w.Depanment of
Labor, 200 ConsdtudonAvenue,
N.W..~D.C.202 100 Oa-
mar a1(2D2)693~ I 0 I, 0 una oficlna
recJonaI 0 de dlsaito del OFCCR
bstado balo eI titulo Us. Govammenr,
Oeparanent of Labor.
LA LEY
Empleadores Privados,
Gobiemos Estatales y
Locales, Instituciones
de Ensefianza
Las slgulentes leyes federales proregen solicltantes de empleo y
empleados de fa mayorla de los empleadores prlvados. gobier
-nos esCl.Cl.les y locales, insdcuciones de ensefianza, agendas de
empleo y organlzaClones Iaborales:
RAZA, COLOR. REUGION.
SEXO,ORlGEN NACIONAL
EI TItulo VII de fa Ley de Oerechos CMles de 1964. seg""
enmendada, prohlbe la dlscrimlnacl6n en el empleo por ruhn
de ran, color, religion, sexo u orlgen nadonal en fa contra-
adon, promodon, despldo,,..... beneliclos suplemenarfos.
prognmas de adiescnmlenm, daslfic:aclon de empleo, red...
earniento y balo cualquier otl'O termlno l:' condld6n de emplea.
IMPEDIMENTa
La Ley pan. Personas con Impedlrnentos de 1990, segim
enmenclada, protege soliclantes de empleados y emptea do. con
ImpedlmentaS contra Ia discrimlnacl6n en Ia contraCldOn, pro-
modo", despldo, paco, programas de adleslramlenm, benefj.
dos suplemenarfos, daslfic:aclon, aslgnadon, y otros aspectos
de empleo par ruiln de impedlmento. La ley ramblen exlp
que toda enddad comprendlda proporcJone a solle/canleS de
empleo y empleados calillcados con ImpedimenlDs comodidad
monable aI menos que esto cause dlfiOlhad exceslva.
EDAD
La Ley Contra Ia Dlscrimlnad6n en el Empleo por Razim de
Edad de 1967,segUn enmendada,prorege soDdcantes de
empleo y empleados de 40 alios de edad 0 mU de Ia discriml-
nadon en eI empleo por rmSn de edad en Ia contracadon,
promodcin, despiclo, pa:o, Y balo cuaJquler Otl'O cennlno,
condldon 0 priYlleglo de empleo.
SEXO (PAGO)
Ademas delntuloVl1 de fa Ley de Cerechos CIYDes de 1964
(ancarionnema descrica), Ia Ley de IpaIclad en el Pa&o de
1963, seg6n enmendada, prohlbe Ia dlscrirnlnad6n por ruiln
de SIlllClO en eI paaa de salarfo . muleres y hombres que realizan
tnba/os suscanc:lalmenca IguaIes en eI mlsmo Jupr de uabaJo.
Tomar represalfa contra una persona que haya presencado una
denuncla de dlsalmlnad6n, partldpe en una Invesllgadtin, 0 se
oponp a una pnicdca DegaI de empleo es prohibldo por mclas
_ I..,... feden/as.
Sf uslled aM que ha sldo dJscrimlnado bajo cualqulen. de las
...,.... descriw, debe comunic:arse de Inmecllaa> con:
La ComIsi6n de 19uaJcJad de Oponuniclades de Empleo
(EEOC), ISOI LSIre<<,N.W,Washfn&ton,D.C.20S07 0 con
una oIidna local de I. CornlslOn Hamanclo cntuIramenre aJ
(BOO) 669-4000. Pan. personas con Impedlmentos audltlvos, el
nUmero sin c:arco de fa Comlsl6n por el sistema TOO es
(BOO) 669-6820.
Programas 0
Actividades que
Reciben Subsidios
Federales
RAZA, COLOR. ORIGEM
NAOONAL, SEXO
Ademis del amparo que brincla eI
TItulo VII de fa Ley de Derechos
CMIes de 1964. e/ntuloVl de fa ley
prohlbe la dlscrimlnad6n par rmSn
de raz;a, color, u orlgen nadonal en
programas 0 ac:tMclacles que redben
subsldios federales. Oiscrimlnac/on
en eI empleo esa comprendlcla baJo
elntulo VI sI eI obledvo primordial
del subsldio es propon::lonar empIeos
y en los casas en que fa discrim-
inad6n en eI empleo causa 0 podrla
c:ausar dlscrimlnadon en Ia prescadon
de servlclos de esos programas. 8
nculo IX de !as Enmlendas de
Educ:aclon de 19n prohJbe fa dfscrl.
mlnac/6n en el empleo por ruiln de
sexo en programas 0 ac:tIvldacles
educ:aclonales que recIben subsldios
federales.
INDIVlDUOS CON
IMPEDIMENT05
La Secclon 504 de Ia Ley de
RehabDIIaCl6n de 1'173, segim enmen-
clada, prohJbe la dJscrimlnadon en el
empleo por ruDn de impedlmenms
en cuaJquler programa 0 aaMdad que
recIbe subslclJos del COblerno federal.
Se prohlbe fa dlscrimlnadon en lDdas
!as modalldades de empleo conm
personas con Impedlmentos fislcos Y
menales que, con comodldad
nzonable, pueden clesempeiiar I..
fUnclones esenc:IaIes del empleo.
51 uscad aM que ha sklo dlscrimlna-
do en el empleo en 1rI procmna de
cuaJquier Insdtucl6n que recIbe sub-
sidlos federaJes, debe comunlcarse de
lrunediaco con la .encIa fecIenI que
o--ca el subsid"1O.
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PRIME CONTRACTOR'S PROPOSED SUBCONTRACTING AcrIVITY
PROJECT NAME:
PROJECT NUMBER:
During the course of this project, the following subcontracting activity is expected to take place. If the
name of the subcontractor was not known at the time of this report. only the activity and approximate
cost data was given.
TYPE
ACTIVITY
CONTACT
AMOUNT
MINORITY
YESfNO
SUBCONTRACTOR
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
For each subcontract exC'-ning $10,000.00, the prime contractor must submit a Notice of Subcontract
in Excess of $10.000.00 (PW-7)
A copy of each of the required forms is attached.
(USE BACK OF TIllS PAGE)
(IF MORE SPACE IS NEEDED)
TYPE
ACTNITY
CONTACT
AMOUNT
MINORI1Y
YESINO
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PRIME CONTRACTOR'S PROPOSED SUBCONTRACI1NG ACTIVITY
PROJECT NAME:
. PROJECT NUMBER:
During the course of this project, the following subcontracting activity is expected to take place. If the
name of the subcontractor was not known at the time of this report, only the activity and approximate
cost data. was given.
SUBCONTRACTOR
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
For each subcontract exc-fil18 $10,000.00, the prime contractor must submit a Notice of Subcontract
in Excess of $10.000.00 (PW-7)
A copy of each of the required fonns is attached.
(USE BACK OF TInS PAGE)
(IF MORE SPACE IS NEEDED)
I
u.s. Deparbnent of Housing OMS Approval No. 2529-0043 (exp. 413012OO1)
and Urban Development
Office of Fair Housing IHUD ReId Office: _I
and Equal Opportunity , _ '
Eon 3 Summary Report
conomic Opportunities for
w- and Very Low-Income Persons
of page for Public Reporting Burden statement
nt Name & Address: (street, city, state, zip)
2. Federal identifICation: (contr.u:tIawanl no.)
3. Dollar Amount of Award:
I
4. ContaCt Person:
5. Phone: (include area code)
6. Reporting Period:
7. Date Report Submitted:
Code: * D (Use a separate sheet 9. Program Name:
for each program code)
I: Employment and Training (** Include New Hires In columnS E & F.)
ABC
Number of Number of New
New HireS H"1teS that ani
See. 3 Residents
Job Category
o
% of Aggregra1e Number
of Staff Hours of New H"1AlS
1hal818 See. 3 Residents
e-
% of Total Staff Hours
for SeclIon 3 Employees
and Trainees
F"*
Number of Sedion 3
Employees
and TnIinees
~Cocfes
= Flexible Subsidy
_ = Section2D2l811
3 .. Publicllndian Housing
A= Develqmlent.
B = Operallon
C= Mode.,mtlon
4 .. Homeless AssistanCe
5 = HOME
6 = HOME-SIateAdminlslered
7 = alBG-Entftlement
8 = CDBG-StaIeAdmlnisteJed
9 = QtherCD Programs
10= Other Housing Programs
fonnHlJD.6OOO2 (~8)
A. Total dollar amount of all contracts awarded on the project
$
$
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rI U: COhtracts Awarded
1. Construction Contracts:
B. Total dollar amount of contracts awarded to Section 3 businesses
c. Percentage of the total dollar amount that was awarded to Section 3 businesses
o. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount of all non-construction contracts awarded on the project/activity
B. Total dollar amount of non-constnJction contracts awarded to Section 3 businesses
$
$
c. Percentage of the total dollar amount that was awarded to Section 3 businesses
O. Total number of Section 3 businesses receiving non-construction contracts
t m: Summary
'nd'1C8te the efforts made to direct the employment and other economic opportunities generated by HUO financial assistance for housWlg
and community development programs, to the greatest extent feasible, toward low- and very Iow-income pelSOns, particularly those \\tIo
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-fncome residents through: JocaI advertising mecfl8., signs prominently displayed at the project siIe,
contacts with community organizations and pubrlC or private agencies operating within the metropoli1an area (or nonmetropolitan
county) in which the Section 3 covered program or project Is located, or similar methods.
Participated In a HUO program or other program which promotes the training or employment of Section 3 residents.
Participated In a HUO program. or other program which promotes the award of contracts to business concerns which meet 1he
definition of Section 3 business concerns.
Coordinated with youthbuDd Programs administered In the metropoDtan 818& In which the Section 3 covered project Is located.
Other; describe below.
c reporting burden forthls coUedionofinfonnatlon Is estimatec:lto average 2hoUlS perresponse. incIUding1hetlme for reviewing InstrucIIons, searching
lng data sources, gathering and maInIafnlng 1he da1a needed, and completing and reviewing the c:oJIecIion of 1nfonnatIon. This agency may not coDect
1IfonnaIIon, and you are not required to complete this form. unless It displays a cunenUy valid OMS control number.
on 3 Glthe Housing and Urban Development Ad of 1968, as amended. 12 U.s.C. 1701u.. mandldesthatthe Department ensure that employment and
. 8QOI1OIIIIc opportunities generated by its housing and community development assisIance programs 818 dired8d toward low- and very lcJw.income
XIS. particularly those who are recipIenIs of govemmentassistance forhouslng. The l8g1Mtions 8J8 found at24 CFR Part 135. The Info.lnafion wID be
by the Depar1ment to monitor prognun recipients' compliance with Section 3, to assess the results of the Departments efforts to meet the stafIItDry
:lives ofSeclfon 3, to prepare reports to Congress, and by r8c1pienls as a self-monltoring tool The dafa Is entered Into a dafa base and will be analyzed
6stributed. The collection of Information involves recipients receiving FedeIaI financial assIsIance for housing and comrIU\Itydevelopment programs
red bySec60n 3. The Information will becollecled annually to assIstHUD In meeting its repoding requIremenIs underSecllon808(e)(6) afthe FalrHousing
lid Section 916 of the HCOA of 1992. An assurance of confident/aIIty Is notappllcable to this form. The Privacy /4I;t of 1974 and OMS Circular A-108
at appRcable. The reporting requirements do not con1ain sensitive questions. Da1a Is cumulative: personaIldenUfying ..formafion Is not Included.
c..-anen..-IAlDIll
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form H:.J0-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
~diODS: This form is to be used to report annual accomp1ishmcuts 8. Program Code: Enter ibc appropriate program code as listed at the
regarding employment and other economic opportunities provided to bottom of the page.
E- and very low-income persons onder Section 3 of the Housing and 9. Program Name:Entcr the name of the BUD Progmn corresponding
an Development Act of 1968. Tbe Section 3 regulations apply to any with the "Program Code" in number 8.
lit: and llU1Um Housing programs that receive: (1) development . . . .
~sistance pursuant to Section 5 of the U.S. Boasing Act of 1937; (2) Part I: Employment and Training Opportunities
leIating assistance pursuant to Section 9 of the U.S. Hoosing Act of Column A: Contains various job categories. Professionals are defmed
, ,37; or (3) modernization grants pursuant to Section 14 of the U.S. as people who have speciallcnowledge of an occupation (i.e.. supcrvi-
.oosing Act of 1937 and to recipienJs of housing and community sors. architects, surveyors. planners, and computer programmers). For
lev~lopment assistance in oxess Df $200,000 expended for: (I) construction positions. list each ttade and provide data in columns B
.osing rehabilitation (incl uding reduction and abatement of lead-based through F for each trade where persons were employed. Tbe categoI}' of
~t hazards); (2) hoosing constrDCtion.; or (3) other public constrUCtion "Other" includes occupations such as service workers.
IfOjects; and to contracts ami subcontrru;t6 in excess of $100,000 Column B: Enter the number of new hires for each category ofwor1:ers
(arded in connection with the Section-3-covered activity. identified in Column A in connection with this award. New Hire refers
Form HUD-60002 has three parts which are to be completed for aD to a person who is not on the contractor's or recipient's payroU for
grams covered by Section 3. Part I relates to employment muI employment at the time of selection for the Section 3 covered award or
'Vining. The recipient has the option to determine numerical employ- at the time of receipt of Section 3 covered assistance.
~~g goals either OD the basis of the number of hou~ wode? by Column C: Enter the number of Section 3 new hires for each category
hires (columns B, D. E and F) or the number of new hires utilized of workers identified in Column A in coDDection with this award.
the Section 3 covered project (columns B, C and F). Part n of the form Section 3 new hire refers to a Section 3 resident who is not OIl the
~ates to .contrat:fb'g. and Part m SDDlDlllrizes recipients' effDrts to contractor's or recipient's payroD for employment at the time of sclcc-
IInPly With Secnon 3. tion for the Section 3 covered award or at the time of receipt of Scction
. Recipients or contractors subject to Section 3 requirements must 3 covered assistance.
laintain appropriate documentation to establish that HOD fmandal Column D: Enta' the percentage of all the staff hoors of new hires
e- ce for housing and community development programs were (Section 3 residents) in connection with this award.
. ted toward low-. and very Iow-~e per5.ons.. ~ recipient of CoInllln E: Eater the percentage of die total staff boon worlccd for
non 3 covered asSIStance shall sublDlt two COpies of ~ I'CJIOl! to the Section 3 employees and trainees (including DCW hires) connected with
~ BUD Field Office. Where the ~gram .proVlding ~stance this award. IncIode staff hoon for art-time and foIl-time sitions.
~lres an annual perfonnance report. this Secuon 3 report IS to be ~. po
.tted at the same time the program performance report is submit- CoI~ F: .Enter' the ~~ of s.cmon 3 n:sidents that were employed
Where an annual performance report is not required. this SectiOD 3 and trained m connect1on WIth this award..
t=;is to be submitted by January 10 and. if the project ends before Part R: Coatract OpportuDities
. 31. within 10 days of project completion. Onl] PriIu Block 1: ConseJuction Contracts
ipkllts lire retpdTe4 to report to BUD. The report IIUISt iIu:lwk
cornpUshmellts of all recipknJs and thir Sectio" 3 covered contnu:. ~ A: Enter the total doOar amount of all contacts awarded on the
F3' an4 sdcontractors. project/program.
L, ,.m Field Office: Enter the Field Office uame forwarding the Itez? B: Enter the total doBar amount of ~ C?nnected with this
lIS~tion 3 report. proJect!program that were awanlcd to Section 3 bosmesses.
R.eci . En th d address f the .. "';L-:. Item C: Enter the pClc:e4tage of the total dollar amount of c:ontr3ctS
picot: tel" c name an 0 reClplCDt suuuutting ____.:II ...:.a. .a.:. ----....Inrn ---"-.:II S . 3 basi
~ report. COIIII<N..... Waul UW> l"...,,-,--graDl a-....u to ection Des$("'.
"ederal Identification: Enter the number that appears on the award Item D: Enter the D1U11ber of Section 3 businesses receiving awards.
form (with dashes). The award may be a grant, cooperative agree- Block 2: Non-Construction ContraCts
ent or contract. Item k Enter the total doDar amoont of all contacts awarded OD the
ollar Amonnt of Award: Enter the doUar amoont. rounded to the projectlprogram. .
earest dollar. received by the recipient. Item B: Eater the total doDar amount of contracts coJlDCCted with this
i!. Contact PcrsonJPhone: Enter' the name and telephone number project awarded to Section 3 bnan~s~
, 'f the person with knowledge of the award and the recipient's Item C: Enter the pen:enaage of the total c10IIar amount of comracts
, plementation of Section 3. c:cmoected with this projec:t/prop..m awarded to Section 3 bosincssc:s.
Reporting Period: Indicate the time period (months and year) this Item D: Eater the Dumber of Section 3 businesses receiving awards.
J:ort covers. Part In: SIIIIIIIW'Y of Efforts . Se1f-cxp1anatoty
ate Report Submitted: Enter the appropriate elate.
IlDit two (2) copies of this report to the to the BUD Field Office of
IHoUSing and Equal Opporumity. Program Operations and Compli-
Center Director. at the same time the performance report is
mined to the program office. For those programs wIleR such a report
tot tcqum:d. the Section 3 report is submitted by January 10. Include
contracts executed during the reporting period specified in item B.
/BAs &Ie to report all contracts/subcontracts.
be terms "low-income persons" and "very low-illCOlBe persons"
E. (the same meaniDgS given the terms in section 3(b)(2) of the United
Housing Act of 1937. Low-illCome persoru mean families
udiog single persons) whose incomes do not exceed BO per cenlWD
le median income for the area. as determined by the Secretary, with
adjustments for smaDer and laJgCI' families, ~ that the Secreury
may establish income ceilings higher or lower Iban 80 per centam of Ihe
median for the area on the basis of the Secretary's findings such that
variatiODS are uec~nary becanse of prevailing levels of constnJCtiOD
costs or unosaally high- or low-income families. Vel)' low-i1uollU
persons mean low-income families (mcluding single pcrsous) whose
incomes do not exceed SO per centum of the median family income for
the area.. as dctcnnined by the Secretary with adjustments for smaDer
and larger families. except that the Secrctuy may establish income
ceilings bigher or lower than SO per centnm of the media for the area
on the basis of the SecreIary's findings that such variations ate ~
because of unusually bigb or low family incomes.
fonnHUIMOOO2 (4198)
Equal Elllployment Opportunity is
Employers
Holding Federal
Contracts or
Subcontracts
Appl"lClIItS to and employees of
CIOmpanies wid! a Federaf goyem-
ment CIOIItt'act or subcontnlct are
pRII2CCIed under the following
Federal authorities:
RACE. COLOR. Ra.JGION,
SEX. NATIONAL ORIGIN
Elciecutiw: Order I 12-"6,as amended,
prohlblcs Job dlsaimlnadon on die
basis of race. colOl", reJ"Igian, sex or
nadonaf origin. and requires affirma..
dYe aaJon CD ensure equality of
opponunity In all aspectS of
employment.
INDIVIDUALS WITH
DISA8IUTIES
Secdon 503 01 the Rehabiliwion kt
of 1973, as amended, prohibits Job
d"lSCrimination because of cr_biIity
and requires affirmative action 10
employ and advance In employment
qualified Individuals with disablJitIes
who. with reasonable accommodation.
can perform the essential functions
of a Job.
VIETNAM ERA, SPECIAL
DISABLED. RECENTLY
SEPARATED. AND OTHER
PROTECTED VETERANS
38 U.s.C.4212 ofdieVIetI1m\ En.
Vecenns'ReadjusaneMAssistanceAct
011974. as amended, prohlbiu job
cfisafmInIdon and requires aftirrnadve
acdon 10 employ and adnnoe In
empIo,ment quallliecJVietnam era
veClII'aIlS.qualified special disabled
~recendy separar1I!d~,
and ocher pr'O!IeCIIed ~
AIry penon who believes a contraa:OI"
has YIaIaIied Its nondJscriminadon 01"
afIrmalve action obJlptions under
the aucharides above shouJd com:aa
ImmecIiablIy:
The 0IIi0e of Federal Conaact
CompIance Prv&nms (OfCCP),
~StandardsAdmlnislratlon,
U.s.Depa1mem: of labor,
200 ConsdludonAwnue.N.W,
~hhw1Dn. D.C. 20210 or caD
(202) 693-0101. or... OFCCP
f"e&IonaJ 01" disCric:t cffice, listed In
mast CI!Iephone dlreClDries under Us.
Cel.... ..IMlIC, ~aflaboc
THE LAW
Private Employment,
State and Local
Governments,
Educational Institutions
Applicana 10 and employees of most private emplO)'ll!l"S,St2te
and local pemment:s, educational institutions,employment
agencies and labor organizations are protected under the following
Fecfenllaws:
RACE, COLOR, RELIGION, SEX, NATIONAL
ORIGIN
Title VII of the ClviI RIghts Act of 1964, as amended, prohibits
crlScriminatlon in hiring. promotion, crlSc:har1:e. pay. fringe benefits,
Job cnining. dassification, refeJTaJ, and other aspects of employment,
on the basis of race, color, rer'8ion, sex or nadonaJ origin.
DISABILITY
TheAmerians with Disabilitleskt of 199O,as amended,proteCtS
qualified apprrantS and employees with disabllides from disaim-
inatlon in hiring, promotion, discharge, ~,job nining, fringe
benefits, dassification, refern.l, and other aspects of employment on
the basis of disability. The Jaw also requires that covered entities
provide qualified applicants and emplorees with crasabllities with
reasonable accommodations that do not impose undue hardship.
AGE
lbeAce Disaimination in Employment Act of 1967,as amended,
proteClS apprrantS and employees <to years of age or older from
disaiminadon on the basis of age in hiring, promotion, discharge,
compensation, terms, tonditions or privl1eges of employment.
SEX (WAGES)
In addition to sex disaiminadon prohibiwl by Title VII of the Ovll
RIghts Act of 1964, as amended (see aboYe), the Equal P.Iy Iv% of
1963, as _ded, prohibits sex disaiminadon in payment of W3&'=S
to _ and men performing substantially equal wort in the same
establishment.
Reurlation apnst a person who flies a c:harte of disaimination.
participates in an investlptlon, or opposes an unlawful employment
p~ce Is prohibited by all of d1ese ~ Jaws.
If fOu beUeve that fOu have been disaimlnated against under any of
the above Jaws, ~ should tontact Immediately:
The US. Equal Employment Opportunity Commission (EEOq,
ISO I L Street, N.W, Washingtcn, D.C. 20507 01" an EEOC fteJd
office by calling 100 free (BOO) 66~ Far lncrlYiduaJs with
hearing impainnent$, EEOC's toll free TOO number IE (BOO) 669-6820.
Programs or
Activities Receiving
Federal Financial
Assistance
RACE, COLOR, RELIGION,
NATIONAL ORIGIN, SEX
In :addition to the protection of Title
VII of the CIVil Righcs Act of 1964,as
amended, TrtfeVl of the CiviJ Righcs
Act prohibits disaiminadon on the
basis of race, color or national origin
in p~ or activities receiving
FederaJ financial assisance. Employ-
ment disaimination is covered by
Title VI if the
primary objeClive of the financDJ
assistance Is provision of employment,
or where employment crlSC'iminadon
causes orll12Y cause d"ascriminadon in
providing services under such pro-
gnms. rltle IX oldie Education
Amendments of 19n prohibits
empJo)'ment crasaimlnadon on the
basis of sex in educational programs
or aaivitles which receM= FederaJ
assistance.
INDIVIDUALS WITH
DISABILITIES
Sections SOl, 504 and 505 of die
Rehabilitation Act of 1973, as
amended, prohibits employment
disaimilm:ion on the basis of disabiJ-
ity in any program or activity which
receiyes FederaJ fin:andaJ assistance in
the federaJ gcM!mment. Discrimina-
don is pI"Clhibit2d In all aspeas of
employment apnst persons with
clisabiIities who. with reasorabJe
aClXllllmodation, can perform the
essential functions
of a job.
If fOu beliew you have been
clisaiminated against in I progmn
ofany insdtudon which ~
FecIer:aJ assIstuce, JOu should CDIItICt
immedim!Jy the FederaJ apncy
providing such assisclnce.
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CER11FICATION OF ELlGffilLITY UNDER FEDERAL PROCUREMENT REQUIREMENTS
(a) By the submission of this bid, the bidder certifies that neither it nor any person or
firm who has an interest in the bidder's firm is a person or firm ineligible to be
awarded a contract by the United States Government by virtue of section 3( a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1) or any other related Acts covered under this
contract.
(b) No part of the contract resulting from this solicitation shall be subcontracted to any
peISOn or firm ineligible to be awarded contracts by the United States Government
by virtue of section 3(a) of the Davis-Bacon Ad. or 29 CfR 5.12(a)(1) or any other
related Acts covered under this oontract.
(c) The bidder certifies that neither it nor any peISOn or firm who has an interest in the
bidder's firm is a person or firm that is on any Federal Agency's Debarred
O>ntractor's Listing or under any suspension or pending litigation related to these
acts.
(d) The penalty for making false statements is prescn"bed in the U.s. ()imina! Code, 18
US C. 1001.
"Ihe biddec hereby certifies that the information contained in this certification and representation is
aCcurate., co~plet~ and current.
SigJ'UI~lre and Date
"IJped or Printed Name
.ntJe
Q)mpany Name
FEDER..-\L CONTRACT REQUIREMENTS
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Reports and Information
At such times and in such forms as County and/or City may require, Contractor shall furnish to
County and/or City statements, records, reports. data and information as the County and/or City
may request pertaining to matters covered by this agreement. (Subpart J, 570.503)
Record Retention
All records pertaining to this agreemen~ including but not limited to financial, statistical,
property and programmatic records, shall be retained for four (4) years from ending date of the
County'siCity's fiscal year (October I through September 30) in which this agreement is paid in
full, expired, or terminated. All records, however, that are subject to audit findings shall be
retained for four (4) years in the manner prescn"bed above or until such audit findings have en
resolved: whichever is later. Nothing herein shalI be constIUed to allow destmction of records
that may be required to be retained longer by the Statutes of the State of Florida. (Subpart J, A-
II DC)
Audits
The Contractor shall at any time during nonnal business hours and as often as the County
and/or City and/or Comptroller General of the United States and/or the U.S, Department of
Housing and Urban Development andlor any of their duly authorized representatives may deem
necessary make available for examination all of Contractor's records, books, documents,
papers, records and data related to this agreement. (Subpart J, A-II OC)
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CERTIFICATION REGARDING LOBBYING
Certi tication for Contracts. Grants. Loans. and Cooperative Agreements
Ie undersigned certifies, to the best ofhis or her knowledge and belief: that:
W . No Federal appro~ fimds have been ~d .0: will be paid, by or on behalf of the
lfersigned, to any personfor influencing or att~-1IIl'taIg to influence an officer or employee of any
~ency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
~, ongress in connection with the awarding of any Federal contraCt, the m~1ring of any Federal
Int, the making of any Federal loan, the entering into of any coopeIative agreement, and the
tenSion, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
toperative agreement.
Cf any ftmds other than Federal appropriated fimds have been paid or will be paid to any
on for influencing or attempting to influence an office or employee of any agency, a Member
an officer or employee of Congress, or an employee of a Member of Congress in
~on with this Federal contract, gI3Dt, Joan, or coo~c11ive, agxeemcnt, the undersigned shall
lIPIde and submit Standard Form-LLL, "Disclosure Form to Report Lobbyin&" in accordance
h its instructions.
I The UIJdersigned shall require that the language of this certi1ica1:ian be incl~ in the aWJUd
:umems for all subawards at all tiers (mcIuding sobcontracts, ~t:'. ,t~. and COD1raCtS under
Its, loans, and cooperative agreementS) and that all sub&~pieuts shaJI certify and disclose
IntingJy.
l::catiOD is a material representation of filet upon.which reliance was placed when this
. . was J11s:1de or entered.in1Oc Submi~on oftbis certification is a pICrCqUisite for ms:lnng
~ into this tpnc:s:lcOon imposed by section 1352, tirle 31, U.s. Code. Any JlC[SOIl who fails
Ie the required certification shall be subject to a civil penalty of not less than $10,000 and not
e than $100,000 for each such failure..
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I Sil'"'trm: and Date
I Typed or Printed Name
I Title
Company Name
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NONCOlLUSION AFADAVIT OF PRIME BIDDER
State of
.>
) ss.
)
County of
, being fust duly swom, deposes
and says that
the
of.
(1) He is
Bidder that has submitted the attached Bid:
(2) He is fully _eel respecta'1g the prepar.mon and contents ol1he anached Bid and 01 all pertinent
circumstances respecting such Bid;
(3) Such Bid is genuine and is not a conusive or sham Bid;
(4) Neither the said Bidder nor arry ollis oIIiCelS. parU1eIS. """""" ~ ~ employeeS
oc parties in )ntereSt, 1nCIu<f1O!l this --... has in arry _ coIkJded, conspired, comived or agreed.
aarectly or indirectfy with any other Bidder, firm or person to submit a collusive or sham Bid in connection
with the Contrat for which the attached Bid haS been submitted or to refrain from bidding in connection
with such Contract, or haS in arTf manner, direCtly or indirectly, sought by agreement or coUusiol1 or
communication or conference witf1 arTf other Bidder, firm or person to fiX the price or priceS in .the
attached Bid or of arFf other Bidder, or to fiX any ovemeact. profit or cost element of the Bid price or the
Bid price of any _ _. or 10 _ tl1nJU9h arry c:oIIuSiOO. ~. c:onnivanCe or unIawlU
agreemnt atrf advantage against the '(J 6caI Public Agency) or any person
interested in the proposed Contract; and
(5) The price or prices quoted in the attaehed Bid are fair and proper and are not tainted by any
coUusion. conspiracy, rennivanC9 or unlaWful agreement on the part of the Bidder or any c:A its agentS.
representatiVeS. owners. employees, or parties in intereSt. inclucflfl9 this afjant.
(Signed)
Subscribed and swom to before me
this
day of
,19_
My commisSion expires
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Note: The prime contractor will complete and forward the form below within ten days of the award of a
subcontract in excess of $10,000.00.
DIRECTOR
U.S. Department of Labor
Office of Federal Contract Compliance
Employment Standards Administration
Room 100 - Federal Building
80 N. Hughey Avenue
Orfando, FL 32801
NOTICE OF SUBCONTRACT IN EXCESS OF $10.000.00
The following is submitted in compliance with instructions in the HUD Notice Jax 78-25 subject Changed
requirements under Executive Order 11246.
1. SUBCONTRACTOR:
2. SUBCONTRACTOR'S ADDRESS:
3. SUBCONTRACTOR'S PHONE:
4. SUBCONTRACTOR EMPLOYER IDENTIFICATION NUMBER:
5. AMOUNT OF SUBCONTRACT:
6. ESTIMATED START AND COMPLETION DATE:
7. CONTRACT NUMBER:
8.
COUNTY:
CITY:
STATE:
9. PRIME CONTRACTOR:
10. ADDRESS:
11. PHONE:
cc: Assistant Regional Administrator
Office of Federal Contract Compliance
U.S. Department of Labor
1375 Peachtree Street, N.E., Suite 678
Atlanta. Georgia 30367
PineJlas County Community Development Department
315 Court Street
Clearwater, Florida 33516
_ DIRECIOR
u. S. Department of Labor
Office of Federa1 Contract Compliance
Employment Standards .Administration
. Room 100 - Federal Building
SO North Hughey Avenue
Orlando, Florida 32801
NOTICE OF CONTRACf
The folIowiDg is submitted in compliance with imtl~n in the HOD Notice lAX 78-25 subject:
Olanged .requirements under Exerutive Order 11246.
L Name
2 Address
3_ Phone # of Contractor
4. Employee Identification Numbec
5. Amount of Contract
6. Estimated Start and Completion Date
cc: Assistant Regional Administrator
Office of Federa1 Contract Compliance
u. S. Department of Labor
1311 Peachtree Street, NE
Suite 729
Atlanta, Georgia 30309
~()Tl::: -lbe mlOrmauon n::qucs~ un ~ LUU&& ... """"1-- - - ~
requirements. The information submitted should be updated during the course oftbe project reflecting any additionS
or deletions.
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During the comse of this proje<:t, the liJDowiDg subc:oDtradiDg adivity is c:xpecIcd to take pJa= If the DlIIIIe of the I
oubcontractor was not known at the time of this report, only the activi1;y and approximate cost data was given.
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pRIME CONIRAcroR'S PROPOSEOSUBCONTRAc:rING ACTIVITY
. . .
p~nn=rT N"AM~-
SUBCONTRAcroR
Name:
Address:
Phone:
Name:
Address:
Phone:
Iofame:
~ddress:
)hone:
fame:
~ddress:
hone:
EllOn::rT NTTMRF"R-
TYPE
AC'IlYllY
CONTACT
AMOUNT
MINORITY
YESINO
,~ ,
r each subcontract exceeding $10,000.00, the prime contractor must submit a Notice of Subcontract in Excess of
>.000.00 (pW-7)
:opy of each of the required forms is attached.
(USE BACK OF 1$IS PAGE)
(IF MORE SPACE IS NEEDED)
PW-21 (8J83; OOS9C(S)
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I Appficant
I Address
I City, State & Zip
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TRAINING. EMPLOYMENT. AND (,""UN I tv\\J I U~ ~r. ,,,.. -. .-. --
FOR BUSINESS AND LOWER "INCOME .PERSONS .
The project assisted under this (contract). (agreement) is subject to the requirementS of Section 3 of the
Housing ard Urban Development Ad of 1968, as amended. 12 U.s.c. 17OU. Section 3 requires that to
the greatest ~ent feasible opportunities for training and employment be given to lower income residents
of the project area and contraCtS forwork in connection with the project be awarded to buSiness concerns.
which are located in or owned in substantial part by persons residing in the area of the project.
Notwithstancimg any other provision of this (contract) (agreement). the (applicant) (recipient) shall carry
out the provisions of said Section 3 and tf1e regulations issued pursuant thereto by the Secretary set forth
in 24 CFR Part 135 (published in 38 Federal Register 29220. October 23, 1973). and aU applicable rules
and orders of the SecretarY issued tfiereunder prior to the execution at this (contract) Agreement). The
requirementS of said regulations include but are not limited to develOpment and implementation of an .
affirmative action plan of utilizing business concerns located within or owned in substantial part by
persons resicimg in the area of the project: the making of a good faith effort. as defllled by the regufations.
to provide training. employment and business opportunities required by Section 3: and incorporation of
the -section 3 Clause- specified by Section 135.20(b) " of the regulations in all contraCtS for work in
comedion with the project. 111e (applicant) (recipient certifies and agrees that it is ;under no contractual
or other disabirrty which would prevent it from complying with these requirementS.
ComprJance with the provision of Section 3. the regulations set forth in 24 CFR Part 135, and all applicable
roles and orders of the Secretary ~ed thereunder prior to approval by the Government of the
application for this (agreement) (contraCt). shall be a CO(1dition of the Federal fanancial assistance provided
to the project. bincfmg upon the (applicant) (recipient). its successors and assigns. Failure to fuIfiU these
requirementS aU subject the (applicant) (recipient). its contraCtOrs and subcontJ'actors, its successors. and
assigns to th~ sanctions specified by this (agreement) (contraCt). and to such sanctions as are specified
by 24 CFR Section 135.135.
Authorized Signature
Date
The work to be performed under this contract is subject to the requirementS of s~on 3 of the Housing
and Urban Development Act of 1968, as amend~ 12 U.S.C. 1'701u (section 3). The purpose oCsection
3 is to en.sure that employment and other economic opportunities generated by HUD assistance or mID
assisted projectS covered by section 3. shal4 to the greatest extent feasible, be ~ected to low- and very
low-income persons. particularly persons-who are recipients ofHUQ assistance for housing.
The parties to this contract agree to comply with HlJD's regulations in 24 CFR part 135. which
implement section 3. As evidenced by their execution oftbis comract. the parties to this conttact certifY
that they are under no contractUal or other impediment that would prevent them from complying with the
part 135 regulations.
The contractor agrees to send to each labor organization or representative oCworkers with which the
contractor has a collective bargaining agreement or other understanding, if any. a notice advising the
labor organization or workers- representative of the contractor'S commitments under this section 3 clause.
and will post copies of the notice in conspicuous places at the work site where both employees and
applicantS for training and employment positions can see the notice. The notice shall describe the section
3 preference. shall set forth minimum number and job titles subject to hire. availability of apprenticeship
and training positions. the qualifications for each; and the name and location of the person(s) taking
applications for each position; and the anticipated date the work shall begin.
The contractpr agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135. and agrees to take appropriate actio~ as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 eFR part 135.
The contractor will certify that any vacant employment positions, .including training positions that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulattons of24 CFR part 135 require employment opportunities to be directed.
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HtJD's regulations in 24 CFR part 135 may result in sancti.:>ns. termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing assistanc~ section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I)
preference and opportunities fOi training and employment shall be given to Indians. and Oil preference in
the award of contracts and subcontract shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and seciton
7(b) agree to comply with section 3 to the ma.....imimu extent feasible.. but not in derogation of compliance
with section 7(b).
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INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS
A. No member of or delegate to the Congress of the United States and no Resident Commissioner
shaD be admitted to atrf share or part of this Contract or to any benefit to arise from same:
Provided. that the foregoing provision of this Section shall not be construed to extend to this
Contract if made with a corporation for its genera! benefit.
B. No member. officer. or employee of the Grantee. or its designees or agents. no member of the
governing body of the locaflty in which the project is located. and no other public offiCial of such
locality or locarlties who exerciseS any functions or respoClSlbifllies in connection with the Project
during his tenure of for one ~ear thereafter. shan have any interest. direct or indirect. in any
Contract or Subcontract. or the proceeds thereof, for work to be perfonned under this Contract.
The Contractor will include the provisiOns of paragraphs (A) and (B) in every Subcontract so that such
provisions will be bind"lOg upon each Subcontractor.
J..c.n..1Y&.I~~I"".""',",J.... L1~ &-.... ..-..a......- ----- - --- -- --- -- --
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Ri2'ht of.the Local Public A2'encv to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor. or by any of his subcontractors.
the Local Public Agency may serve written notice upon the Contractor and the Surety of its intention to terminate
the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten
(10) days. after the serving of such notice upon the Contractor, such violation or delay shaD cease and ~tis&-ctory
arrangement of COrrectiOD be ~ the contract shall. upon the expiration of said ten (10) days, cease and terminate.
In the event of any such termination, the Local Public Agency shall immediately serve notice thereof upon the Surety
and the Contractor and the Surety shall have the right to take over and perform the contract: Provided, however,
that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such
Surety of notice of termination, the LocaI Public Agency may take over the work and prosecute the same to
completion by contract or by force account for the acCount and at the expense of the Contractor and the Contractor
and his Surety shall be liable to the LocaI Public Agency for any excess cost occasioned the Local Public Agency
thereby, and in such event the Local Public Agency may take possession of and utilize in completing the work, such
materials, appliances, and plant as may be on the site of the work: and necessary therefore.
Liquidated Dama~es For Delavs
[f the work is not completed within the time stipulated for completion of work as described in the contract
documents hereo~ including any extensions of time for excusable delays as herein provided, the Contractor shall pay
to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual
iamages occasioned by the delay) for each calendar day of delay, until the work is completed, the amount as set forth
in the contract documents hereof and the Contractor and his sureties shall be liable to the Local Public Agency for
he amount of thereof.
3xcusable Delavs
[he right of the contractor to proceed shall not be terminated nor shaD the Contractor be charged with liquidated
lamages for any delays in the completion of the work due.
1. To any acts of the Government, including controls or restrictions upon or requisitioning of materials,
equipment, toolS, or tabor by reason of war, National Defense, or any other national emergency;
2 To any acts of the Local Public Agency;
3. To causes not reasonably foreseeable by the parties to this contract at the time of the execution of
the contract which are beyond the control and without the fault or negligence of the Contractor,
including. but not restricted to, acts of God or of the public enemy, acts of another Contractor in the
performance of some other contract with the Local Public Agency, fires, floods, epidemics,
quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes,
tornadoes, cyclones and other extreme weather conditions; and
4. To any delay of any subcontractor occasioned by any of the causes specified in subparagraphs 1, 2,
and 3, of this provision.
Provided however. that the Contractor promptly notifies the Local Public Agency within ten (10) days in
writing of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain
he facts and the cause and extent of delay. It: upon the basis of the facts and the terms of this contract, the
delay is properly excusable, the Local Public Agency shall extend the time for completing the work for a .
period of time commensurate with the period of excusable delay.
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(EXECUTIVE ORDER 11246)
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The Offeror's or Bidder's attention is caRed to the -Equal opportunitY CIausEf and the -standard ~eraf Equal
Employment OpportUnity ConstruCtion ContraCt spec:ificatiorS set forth herein.
The goals and timetables for minority and female participation. expressed in perl?8l1t.age termS for the
Contractor's aggregate workforce in each trade on aD construction work in the covered area. are as fcRows:
Goafs for Female UtiflZ2tion. An Trades:
MEA CO"t:RED
Goals for Women apply nationWide.
GOALS AND nMETABlES
Tunetable
Goals
(percent)
Lrom Apr. 1, 1978 until Mar. 31, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1
~rorn Apr. 1, 1979 until Mar. 31. 1980 . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 1
irom Apr. 1. 1980 on . . . . . .. . . . . . . . .. .... ..... . .. . ... ... · ....... . ..... . . . . .. .... .. ., ...6.9
Goals for Minoritv Utiflzation:
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TAMPA-ST. PETERSBURG, RA. NlEA
Area covered: Hillsborough, Pasco. and PineUas
Counties. FIa.
Goals and Tunetables'
Goal
(percent)
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Jr the life of the project.
Ie goals are applicable to aD the Contractor's construCtion work (whether or not it is Federal or federally assisted)
:>nned in the covered area.
lontractor's compliance with the Executive order and the regulations in 41 CFA Part 604 shall be based on its
ementation of the Equal Opportunity CIa'~ specific cdfiwlClDve action obligations required by the specificatiOOs set
E: CFR 60-4.3(8). and lis _ 10 meet the goaJs eslat>Qo/Ied for the geographical area whenl the c:onIJaCl
9 from this solicitation Is to be perfOamed. The hours cI minority and female employment and training must be
. unifonn throughout the length of the ~ 4lact, and in each trade. and the contractcr
Emake a good faith effort to employee minorities and women evenly on each of its projects. The tranSfer of minority
e employees or trainees from Contrac:tor to ContractOI' or from project to project for the sole purpose cI meeting
ontraCtor's goafs shall be a violation of the contraCt. the Executive Order and the regufations in 41 CFR Part 60-4.
prlCU1ce with the goals will be measured against the total work hours performed.
I The Contractor shall provide written notification to the Dir,ectOr of the Office of Federal ContraCt Compliance
Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for
I construction work under the contraCt resutling from this soficilalion. The notiIicalion shalJ list the name. address
and telephone r1IJIl1tJer' of the succomrcsc...LUl, aa'....-J'- -----.
subcOntraCt: estimated srarting and completion daleS 01 the 51 II >(> M ~.aa; and the geographicaJ area in Whid11
the centrad is to be perfonned.
A!! used in this Notice. and in the conrrac::t resulting from this sofi~n. the -covered area" is PineOas County'l.
Rorida
t3 (a) EQUAL OPPORTUNITY CLAUSE
:ng the performance of this contract. the contractor agrees as follows:
The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the coritractor,
state that all qualified applicants Will receive consideration for employment without regard to race, color, religion.
sex, or national origin
The contractor wiD send to each labor union or representative of workers with which he has a collective
bargaining. agreement or other contraCt or understanding. a notice to be provided advising the said labor union
or workers' representatives of the contradOr'S commitments under this section, and shaD post copies of tt)e
notice in conspicuous places available to employees and applicantS for employment
The contractor Will furnish aU information and reports required by Executive Order 11246 of September, 24, 1965,
and by rules, regulations. and order of the Secretary of Labor, or pursuant thereto, and \.VI11 permit access to his
books, records, and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations. and orders.
...
In the event of the contraCtor's non-comprlar1ce with the noncfisQ Adiuation cfauses of this contract or with any
of the said rules. regulations, or ordelS. this contract may be canceled. terminated. or suspended in whole or
in part and the contractor may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedureS authorized in Executive Order 11246 of September 24,
1965, or by rule, regulation. or order of the SecretarY of Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immecfiately prececfing paragraph (1) and the provisions
of paragraphs (1) through (7) in every subcontraCt or purchaSe order unless
!pted by rules. regulations, or orders of the SecretarY of Labor issued pursuant to section 204 of Executive Order
;) of September 24, 1965, so that such provisionS wiD be binding upon each subcontractor or vendor. The
actor will take such action with respect to any subcontraCt or purchase order as the administering agency may
: as a means of enforcing such provisions. incJuding sanctions for no~l8IlCe: Provided, however. That in the
: a contractor becOmes involved in. or is threatened with, litigation with a sutx:ontractor or vendor as a result of such
:ion by the administering agency, the contraCtor may requestthe United StateS to enter into such litigation to protect
Iterests of the United States.
lARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCllON CONTRACT
=rCAllONS (EXECunvE ORDER 11246)
As used in these specifications:
a':.:-..'er;;c ::::i;::::' ~e::~:: :~e ~ecgr3chic31 nrea described in the solicitation from which this ccrnrac: rest.;!tec.
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or any ~ to whom the DiredOr defegates authOrity.
-Employer identification num~ means the Federal Social Security number used on the Employer's Ou:r.edy
~ederaf Tax AetUn1.~. S. Treaswy Department form 941.
-Mino~ includes:
(1)
Bfack (aff persons having origins in any of the Bfack African raciaf groups ~ct of
H"aspanic origin);
H"lSpanic (all persons of Mexican. PuertO Rican. Cuban. Central orSouth Ame-.can
or other Spanish Cuftur8 or origin, tegardfess of race);
Asian and PacifiC Islander (aB pelSOI'IS having origins In any of the ori;inaf
peoples of the Far East, Southeast Asia, the Inaian Subcontinent. or the F2Cific
Islands); and
American Indian or Afaskan Native (aB persons having origins in any of the ori:,-inaJ
peoples of North America and utab ataining Jdentifiab.le tribal affiliations thrcugh
membership and partUpation or community icfentification).
(2)
(3)
(4)
Whenever the ContraCtor. or any Subcontraetor at any tier. subcol4laas a portion of the work involving' any
construdion trade. it shaD physicaJfy include in each subcontract in ,excess d $10.000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and which
is set forth in the solicitations from which this ~ ~aGt resulted.
If the Contractor is particJpating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S.
Department of Labor In the covered area either fndivfduaIIy or 1hrDugh an association. its affirmative actfon
obligations on aU work in the Plan area (mcluding goafs and timeta",es) shaD be in accordance with that Pfan
for those trades which have unions particfpating In the Plan. CanIradarS must be able to demonstrate their
participation In and compliance with the provisions of any such HomeIO.vn Plan. Each Contractor or
Subcontra~r participating in an approved Plan is individuafJy required to comply with its obragations under the
EEO clause. and to make a good faith effort to achieve each goal under 1he pfan in each trade in which it haS
employees. The overall good faith performance by 0Iher eo..~ or SubcontractDrs toward a goal in an
approved Plan does not excuse any covered ContraCIErs or SubcontradCr's faUure to take good faith effortS
to achieve the Plan goals and tiR1etable.
The contractor shaD Impfement the specific am.madve acdon standards povided In paragraphs 7a through P
of these specifications. The goals set forth in the soJicitaIfon Wm which this .
&ad resulted are expressed as percentages of the total haws of employment and training or minority and female
~on the Contractor should reasonably be able to achieVe in 8ach constnJdion trade in which it has employees in
:overed area Covered Construction contraCtors performing construction work in geog.aphical areas where they do
lave a Federaf or federally assisted constrUdfon contraet shaD apply the minority and femafe goals estabrlShed for
, eographicaJ area where the work is being pertormed. Goals are published periodicafJy in the Federaf Register in
e form. and such notices may be obtained from any Office of the Federaf CUI &cd Compliance Programs office or
.Federal procurement contracting officers. The CollbdCtOr is expected to make Sllbstantially lD1ifonn progress in
ling its goafs in each craft during the period specified.
I Neither the provisions of any collective bargaining agreement. nor the faiiure by a union with whom the
Contractor has a coJlective bargaining agreement. to refer either minorities or women shaD excuse the
Contracto(s obligations under these specifications. ExeaJtive Order 11246. or the regulations promltgatcd
I pursuant thereto.
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In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goa!s- such
apprentices and trainees must be employed by the Contractor during the training period. and the Conc"aCtor
must have made a commitment to employ the apprentices and trainees at the completion of their training.
subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs
approved by the U. S. Department of Labor.
The eontraaor snau LCSI\C:: ~c::\.UM. c:u.....-.- ----
of the CornractO"'s compfiance with these speciIi~1S shall be based upon itS effort to achieVe .11i:UClffiUl1J I
results from its actions. The ContraCtOr shall document 1hese effortS fully. and shaD implement affia ...anve action
steps at least as extensive as the foUowing: .
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~ and maintain a working environment free of haraSSment. intimidation. and coercion at aU siteS. and in
all facifities at which the ContraCtOr's employees are dSSigned to work. The Conttactor. where possibIP.. wiD
assign two or more women to work each con.stnJCtion project The ContraCtOr shall specificaJfy ensure that aD
foremen. superintendents., and other on.site supervisorY personnel are aware of and carry out the CantraaOr's
obligation to maintain such a working environment. with specific attention to minority or female individuals
working at such sites or in such faCJTIties.
Establish and maintain a current fist of minority and female recruitment sources. provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions have
employment opportUnities available. and maintain a record of the organizations" responses.
Maintain a c:.JtTBnt file of the names. addreSSes and telephone numberS of each minority and female off-the-street
applicant and minority or female referral from a union. a recruitment source or community organization and of
what action was taken with respect to eac.'1 such individual If such incfivjduaI was sent to the union hiring hall
for referral and was not referred baCk to the ContraCtOr by the union or, I referred. not employed by the
Contractor, this shall be documented in the file with the reason therefor, along with whatever additionaf actions
the Contrac:or may have taken.
Provide immediate written notification to the Director when the union or unions with which the ContractOr has
a corrective bargaining agreement has not referred to the ContraCtOr a minority person or woman sent by the
Contractor, or when the Contractor has other infonnation that the union referral process has impeded the
Contractors efforts to meet its obligations.
Develop on-the-job training opportUnities and/or particip8te in training programs for the area which expressly
include minorities and women. including upgrading programs and
apprentic~hip and trainee programs relevant to the Cor1tractO(s employment needs. especiaUy those programs
funded or approved by the Department of Labor. lhe ContractOr shaD provide notice of these programs to the
sources compiled under 7b above.
Disseminate the Contractors EEO poacy by proviciHlg notice of the policy to unionS and training programs and
requesting their cooperation in assisting the COllbc1c.tOl in meeting its EEQ obligations; by including it in any
policy manual and collective bargaining agreement: by pub6cizing it in the company newspaper, annual report.
etc.; by specffic review of the policy with all management persoMeI and with all minority and female employees
at least once a year; and by postUIQ the company EEO policy on buDetin boards accesstbfe to aD employees
at each location where construction work is performed.
Review, at least, annually, the company's e::-o policy and affirmative action obligations under these specifications
with all employees having any respof1S1bility for hiring. assignment, layoff. temlination or other employment
decisions including specific review of these items withon-site supervisory personnel such as Superintendents.
General Foremen, ate. prior to the initiation of construction work at any job site. A written record shall be made
and maintained identifying the time and place of these meetings. persons attending. subject matter discussed,
and disposition of the subject matter.
Disseminate the ContraCtOr's EEO policy externally by including. it in any advertising in the news media,
specifically including minority and female news media. and providing written notification to and discussing the
COntladorS EO policy with other Contradors and SubcontractOrs with whom the Contractor does or
anticipates doing business.
Direct its recruitment efforts, both oraf and written, to minority, female and community organizations. to schools
with minority and female students and to minority and female reauittnent and training organizations serving the
ComradOrS recruitment area and employment needs.. Not later than one month prior to the date for the
acceptance of applicstions for apprenticeship or other training by any recruitment source, the Contractor shafl
send written notification to organizations such as the above descnbing the openings, screening procedures. and
tests to be used in the selection process.
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" "Encourage present ,nil aority and female empfoyees to recnJit od1er minorll)' persous ana women ana. wnen
reasonabfe.provide after schoo~ summer and vacaIion empfoyment 10 IlfalOrity and female youth boItI on the
site and in other areas of a ContraCtOr's wotkforCe.
VaJidate all testS 'and other selection requireinems where there is an obligation to do so under 41 CFR part 60-3.
Conduct, at feast annually, an inventory and evaluation at feast of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, ate.. such opponunities.
Ensure that seniority practices. job cfassifications. work assignmentS and other personnel practices. do not have
a discriminatory effect by continually monitoring aU ~ and empfoyment related activities to ensure that
the EEO pofiC'1 and the Contractor's obJigations under these specificatfons are being carried out
Ensure that aJf faoTrties and company activities are nonsegregated except that separate or single-user toilet and
necessary changing faCJlities shalf be provided to assure privacy between the sexes.
Document and maintain a record of aU solicitations of offers tor subcontracts from minority and female
construction contrac:ors and suppliers. incfucfmg circulation of solicitations to minority and female contrac:or
associations and other business associations.
Conduct a review, at least annually, of aD supervisors' adherence to and performance under the Contractor's
EEO poficies and affirmative action obligations.
Contractors are encouraged to participate in voluntaly associations which assist in fuJfilling one or more of their
affinnative action obligations (7a through pl. The efforts of a contraCtOr association. joint contractor-union.
contrador~munity, or other similar group of which the contractor is a member and participant, may be
asserted as fuftilling any one or more of its obligations under 7a through p at these Specifications provided that
the contractor actively participates in the group. makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reffected in the Contractor's minority and female workforce participation, makes a good faith effort
to meet its incflVidual goals and timetables. and can provide access to documentation which demonstrates the
effectfveness of actions taken on behalf of the Contractor. The obfigation to comply, however. is the ContradOr's
and failure of such a group to fultiD an obfigation shaff not be a defense for the Contractor's noncompfianca
A single goal for minorities. and. separate single goaf for women have been established. The COntractor,
however, is required to provide equal employment opportunity and to take affirmative action for aD minority
groups, both male and female, and aD women. both minority and non-minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially cflSparate manner
(for example, even though the ContraCtor has achieved its goals for women generally, the Contractor may be
in violation of the Executive Order if a specific minority group of women is underutmzed).
The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any
person because of race, color, religion. sex or national origin.
The Contractor shall not enter into any Subcontract with any person orfirm debarred from Government contraC:S
pursuant to Executive Order 11246.
The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Clause, induding suspension, tennination and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations. by the
Office of Federal Contract Compliance Programs. Any Contractor who fails to cany out such sanctions and
penalties shall be in violation of these specifications and Executive order 11246, as amended.
The ContraCtor, in fulfilling its obligations under these specifications. shaD implement specific affirmative action
I steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications. so as to
achieve maximum results from its effortS to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order. the implementing regulations. or these specifications.. the
I Director shaff proceed in accordance with 41 CFR 60-4.8.
c;,;~e;; P*Y ~ ~;;ed ~-iO.submitl8pCXtS''*6aytDtbepaviSkJnsnerearas~.'.1
by the Government and to keep 1'eCOI~ Records shall at least Include for each employee the ~,
telephone numbers. consaructian trade. union afIiJiadon r any, employee ..~ number when ~
socfaf security number, race. sex. saaaus ( e.g.. mechaldc, apprentice. trainee; helper, or Iabcnr), data
cha'l!;Ies in ~rs. hours \VOr1(ed per week in the indicated trade, rate d pay, and. bcatiollS at Which the .
was performed. Reconfs shall be maintained in an easily I.II1dersmndabI and retrievable fonn; however. 10 1
::::. that I!lCislIng f8CDrds salIsry II1Is JeqUIrement. CllIllmcIas shaI not be reqtftd '" mainlaiI ""'1
15.
Nothing herein provided shall be construed as a &maatfon upon the ~ of other laws which ....
different standan:fs of compIfance or upon the ~ of requirement for the hiring of local or OCher .
residents (e.g., those under the Public Worfcs Employment Act. of 1fJ17 and the Community Development Sloc
Grant Program).
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FEDERAL CONTRACT REQunu:MENTS
Reports and Infonnation
At such times and in such forms as County and/or City may require, Contractor shall furnish to
County and/or City statements, records, reports. data and infonnation as the County and/or City
may request pertaining to matters covered by this agreement. (Subpart J, 570.503)
Record Retention
All records pertaining to this agreement, including but not limited to financial, statistical,
property and programmatic records, shall be retained for four (4) years from ending date of the
County'slCity's fiscal year (October 1 through September 30) in which this agreement is paid in
full, expired, or terminated. All records, however, that are subject to audit findings shall be
retained for four (4) years in the manner prescribed above or until such audit findings have en
resolved, whichever is later. Nothing herein shall be constmed to allow destruction of records
that may be required to be retained longer by the Statutes of the State of Florida. (Subpart J, A-
II OC)
Audits
The Contractor shall at any time during nonnal business hours and as often as the County
and/or City andior Comptroller General of the United States and/or the U.S. Department of
Housing and Urban Development and/or any of their duly authorized representatives may deem
necessary make available for examination all of Contractor's records, books. documents,
papers. records and data related to this agreement. (Subpart J, A-I IOC)
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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
5570.604
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Act. Fer laws that the Secretary will
treat as applicable to grants made to
States under section 106(d) of the Act
tor purposes of the determination re-
quired to be made by the Secretary
pursuant to section 104(eX2) at the Act,
see 1570.487.
(b) This subpart also sets forth cer-
tain additional program requirements
wh1ch the Secretary has determined to
be applicable to grants provided under
the Act as a matter ot AlbnfnfAtrative
dfscret1on.
(c) In addition to grants made PlU'SU-
ant to section 106(b) 8.11d 106(d)(2)(B) of
the Act (subparts D and F, respec-
tively). the requirements of this sab-
part X are applicable to grants made
pursuant to sections 107 and 119 of the
Act (subparts E and G, respectively),
and to loans guaranteed pursuant to
subpart M.
(li3 FR M41i6, Sept. 6. 1988, as amended at 61
FR 114'1'1, Mar. 20,1996]
1670.601 Public Law 88-852 BDd Public
Law 90--284; afl'irmativeJy fur.
theriug fair housing; Executive
Order 11063.
(a) The following requirements apply
according to sectlons IM(b) and 10'1 of
the Act:
(1) Public Law 8ll-S52, which 18 title
VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et Bell.), 8.11d implementing
regulations in 24 CFR part 1.
(2) Public Law 9G-284. which is the
Fair Ho118iIlg Act (42 U.S.C. 3601-3620).
In accordance with the Fair Housing
Act, the Secretary requires that gran~
ees ....tnfniRter all#programs and activi-
ties related to housing and community
develo:Pment in a manner to affirma-
tively further the pol1cies of the Fair
Housfng Act. Furthermore, in accord-
ance with section lO4(b)(2) of the Act,
for each community receiving a grant
under subpart D of th1s part, the car-
tiftcation that the grantee will afnrm-
atively farther f'a.1r housing shall spe-
o1fically require the grantee to assume
the responslb1l1ty at fa1r housing plan-
nb1g by conducting an ana1ysis to iden-
tf1Y impediments to fa1r housing choice
within its jur1sd:iction, taking appro-
priate actions to overcome the effeots
of any impediments ident1.fl.ed through
that analysis, and maintaining records
reflecting the analys1s and actions in
this regard
(b) Exeaative Order DOGS, as amended
by Executive Order 12259 (S CFR. 1959-
1963 Camp., p. 652; 3 CFR, 1980 Comp., p.
S07) (Equal Opportunity in Housing),
and implementing regulations in 24
CFR part 107, also allPly.
[61 FR 114'11, Mar.20,lS96J
1570.602 Section 109 of the .Act.
Section 109 at the Act requires that
no person in the UnIted States shall on
the grounds of race, color, national ori-
gin. rellg1on, or sex be excluded from
pa.rt1cipation in, be denied the bene11ts
ot, or be subjected to d1scrfmmation
under any program or actlVity reoe1v-
ing Federal financ1a1 assistance made
available pursuant to the Act. Section
109 also directs that the prohibitions
ag-ainst discrbnb1a.tion on the basis of
age under the Age Dtscr:lDrlnation Act
and the prohibitions agatnst discrJmJ.-
nation on the basis of disab1l1ty UDder
Sectlon 504 shall apply to programs or
activities receiving Federal flDanc1aJ.
a.ss1stanoe under Title I programs. The
polioies and procedures necessary to
ensure enforcement of section 109 ,are
codt.ned in 24 CFR part 6.
[64 FR 3802, Ja.n. 25. 1999]
f 570.603 Labor standards.
(a) Sectlon DO(a) of the Act conta1ns
labor standards that apply to nonvol-
unteer labor financed in whole or in
part with asststance received under the
Aot. In accordance with seotion 11O(a)
of the Act, the Contract Work Hours
and Safety Standards Act (40 U.S.C. 321
et seq.) also applies. However, these re-
quirements apply to the rehab1l1ta.tiOD
ot residential property only if such
property conta.bls not less than 8 units.
(b) The regulations:ln 24 CFR part 70
apply to the use ofvoluntears.
[61 FR 114'11, Mar. 20, 1996]
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f 570.604 EnviroDJDelltal standards..
Fer purposes of section 1000g) at the
Act, the regulations in 24 CFR part 58
spec1f;v the other provisions of law
which farther the purposes of the Na-
tional Environmental Policy Act of
1969, and the procedures by which
grantees must 1'alfI.l1 their environ-
mental responsibilities. In certain
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5570.607
I
(2) The cost of asslstance required
andar tb1s section ID&Y be pa.1d from
local publio funds. tnn4s provided
under this part, or funds avaDs.ble from
other sources.
(3) The grantee (or State and state
reci1l1ent, as applica.ble) must ma1nta.tn
reoards :In safIlcient detail to dem-
onstrate compl1a.nce with the provi-
sions of this section.
(Approved by the Offtoe of :Mlma&'em.ent IL1ld
Budget under OMB OOJltrol Dumber 2filllHl102)
{61 Fa 114'1'l, Ma.r. 20, 11l98, U amended at 61
FR 61'160, Dot. S, 1996]
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f6'1G.607 Employmmd aad co~
opporiaDWes.
Grantees shaI1 comply with:
(a) Executive Order 1124B. as amended
by Executive Orders 1lS'15. 114'18, 12086-
and 12107 (3 CFR. 1964-1965 Comp., p.S39;
3 CFR. 1966-19'10 Comp.. p. 684: 3 CFR.
1966-19'70 Comp.. p. 803: 3 CFR, 1978
Comp., p. 230; and 3 CFR. 19'78 Comp., p.
2M) (Equal Employment Opport1m1ty)
and the implementiDg regulations at 41
CFR oh&ptar 60; and
(b) Section 3 of the Housing and
Urban Development Act or 1968 (12
U.S.O. 170121) and implementing regala.-
tions at 24 OFR part 135.
{61 FR fi209, Feb. 9, 1996]
16'10.&08 Lead-based paiDt.
The Lead-Based PatD.t Poisoning Pre-
ven1i1on. Act (42 U.S.C. 4821-4846). the
Residential Lead-Based Pa:lnt Hazard
Bednotl.on Act of 1992 (42 U.S.O. 4851-
4856), and implementlng regulatl.ons at
part 35. subparts A. B. J, It, and R of
this part a.ppl:y to activities under this
program.
[64 FR 6lI228, Sept. 15, 1.999]
f 6'10.609 Use of debarred, saspeaded
or In..l.~"'e _tractors or sub-
recipi....t.L
The reQ1Drements set forth In 24 CFR
part 5 apply to tb1s program.
[61 FR 8309, Feb.lI. 1996]
f 6'10.610 Unifarm admia.istrative re-
qairemeuts and cost prbu:Jples.
The recipient, its agencies or instra-
mentsJ1ties, and subreciplents sba.ll
comp]:y with the policies. gu1de1:Ines,
and requirements of 24 CFR part 85 and
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24 CFR Ch. V (4-1-02 Edition)
OMB Ctrcula.rB A-a7, A-110 (imple-
mented at 24 OFR part 84), A-122, A-l33
(implemented at 24 CFR part 45). and
A-1282 (implemented at 24 CFR part
44). as applicable, as they relate to the
acceptance and use of Federal t'lmds
andar this part. The applica.ble sections
of 24 CFR parts 84 and 85 are set forth
at 15'10.502.
[60 FR 66916, Nov. 9, 1995]
1670.611 Coaflict of iDterest.
(a) Applic4bflitJl. (1) In the procure-
ment of supplies, equipment. construc-
tion, and services by reclll1ents and by
subrec1p1ents, the ccm1l1ct or :Interest
provisions in 2t CFR 85.36 and 24 CFR
84.42, respectl.vely, sball apply.
(2) In all cases not governed by 24
CFR 85.36 and 84.42, the provisions of
this section shall apply. Such cases:ln-
clude the acquisition and disposition of
real property and the provision of as-
sistance by the recipient or by its sub-
reo1p1ents to 1Dd1v1duals. bua:lnesses.
and other private entitles 1Dlder e11g1-
ble activities that authorize suoh as-
sistance (e.g.. rebabWtation, preserva-
tion, and other improvements of pri-
vate properties or facl11t1es JI1I1'S1l8.Dt to
5570.202; or grants.. loans, and other as-
sistance to businesses, individuals, and
other private entities pursuant to
5570.203.570.204.5'10.455, or 570.703(1)).
(b) C01I.jlictI prohibited. The general
rule Is that no persons descrtbed :In
paragraph (c) or this section who exer-
cise or have exercised any functions or
responstbU1t1es with respect to CDBG
activities assisted under this part. or
who are In a position to participate :In
a dec1s1onma.k1ng process or gain :in-
side 1n!ormatlon with regard to such
act1v1 ties. may obta:ln a ftnaDclal tn-
terest or benefit from a CDBG-ass1sted
actlvity. or have a flnanal.alinterest in
any contract, 81lbcontract, or agree-
ment with respect to a CDBG-asststed
act1vity, or with respect to the pr0-
ceeds or the CDBG-asslsted activity, ei-
ther for themselves or those with
whom they have bas:lness or immediate
Cam1l:y ties, during their tenure or for
one year thereafter. For the UDAG :pr0-
gram, the above restrictions sball
apply to all a.ctivit1es that are a part of
the UDAG project, and. shall cover any
2 See footnote 1 at 15'10.200(&)(5).
150
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Executive Order 11246, As Amended
Page 1 of8
.
Find Itl: By Toole I By Audience I By TOD 20 Reauested Items I By Form I Bv Oraanlzatlon
October 12, 2004 DOL Home> ESA > OFCCP Home> Laws & RegulatIons ...,
Executive Order 11246, As Amended
u.s. Department of Labor
~Employment Standards
....~. '. Administration
~, ,. Office of Federal Contract Compliance Programs
www.dol.gov/esa
Search
---DISCLAIMER---
Executive Order 11246 - Equal Employment Opportunity
SOURCE: The provisions of Executive Order 11246 of Sept, 24, 1965, appear at 30 FR
12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless otherwise noted.
Under and by virtue of the authority vested In me as President of the United States by the
Constlrutlon and statutes of the United States, It Is ordered as follows:
Part I - Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966-1970 Comp., p.
803]
Part II - Nondiscrimination in Employment by Government Contractors and
Subcontractors
Subpart A - Duties of the Secretary of Labor
SEC. 201.The Secretary of Labor shall be responsible for the administration and
enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and
regulations and issue such orders as are deemed necessary and appropriate to achieve the
purposes of Parts II and III of this Order. '
[Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501,3 CFR, 1978 Comp., p. 230]
Subpart B - Contractors' Agreements
SEC. 202. Except In contracts exempted In accordance with Section 204 of this Order, all
Government contracting agencies shall Include in every Government contract hereafter
entered Into the following provisions:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin. Such action
shall Include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post In consplOJous places, available to employees and applicants for
Complia
Assistan
Laws ...
ADA
E. 0,1
Sectlo
38 US
41 CFR
FinalR
Notice
Prooos
Comm
Policv D
Contrac
Manual
Nationa
ReQistrv
About 0
What W
EEO Awa
How To
Complai
Partners
Sites
ESA Top
Executive Order 11246, As Amended Page 2 of 8
employment, notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solidtations or advancements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of ExeOJtlve Order No.
11246 of September 24, 1965, and shall post copies of the notice In conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with afJ provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of labor.
(5) The contractor will furnish all Information and reports required by ExeOJtive Order No,
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
mntract or with any of such rules, regulations, or orders, this contract may be cancelled,
tennlnated, or suspended In whole or In part and the contractor may be declared Ineligible
for further Government contracts In accordance with procedures authorized in Executive
Order No. 11246 of Sept. 24, 1965, and such other sanctions may be Imposed and remedies
invoked as provided In Executive Order No, 11246 of September 24, 1965, or by rule,
regulation, or oreler of the Secretary of labor, or as otherwise provided by law.
(7) The contractor will Include the provisions of paragraphs (1) through (7) in every
suboontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor Issued pursuant to Section 204 of ExeOJtlve Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor win take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of labor as a means of enforcing such provisions
Indudlng sanctions for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or Is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States to enter Into such
litigation to protect the Interests of the United States. n [Sec. 202 amended by EO 11375 of
Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978,
43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 203. Each contractor having a contract containing the provisions prescribed In Section
202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the
contracting agency or the Secretary of Labor as may be directed, Compliance Reports shall
be filed within such times and shall contain such information as to the practices, policies,
programs, and employment policies, programs, and employment statistics of the contractor
and each subcontractor, and shall be in such form, as the Secretary of labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be required to state whether
they have participated In any previous contract subject to the provisions of this Order, or
any preceding similar ExeOJtive order, and in that event to submit, on behalf of themselves
and their proposed subcontractors, Compliance Reports prior to or as an initial part of their
bid or negotiation of a contract.
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Executive Order 11246, As Amended
Page 3 of8
(c) Whenever the contractor or subcontractor has a collective bargaining agreement or other
contract or understanding with a labor union or an agency referring workers or providing or
supervising apprenticeship or training for such workers, the Compliance Report shall Include
such Information as to such labor union's or agency's practices and policies affecting
compliance as the Secretary of Labor may prescribe: Provided, That to the extent such
Information Is within the exclusive possession of a labor union or an agency referring
workers or providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such Information to the contractor, the contractor shall so
certify to the Secretary of labor as part of Its Compliance Report and shall set forth what
efforts he has made to obtain such Information.
(d) The Secretary of Labor may direct that any bidder or prospective omtractor or
subcontractor shall submit, as part of his Compliance Report, a statement In writing, signed
by an authorized officer or agent on behalf of any labor union or any agency referring
workers or providing or supervising apprenticeship or other training, with which the bidder
or prospective contractor deals, with supporting information, to the effect that the signer's
practices and policies do not discriminate on the grounds of race, color, religion, sex or
national origin, and that the signer either will affirmatively cooperate In the Implementation
of the policy and provisions of this Order or that It consents and agrees that recruitment,
employment, and the terms and conditions of employment under the proposed contract
shall be In accordance with the purposes and provisions of the order, In the event that the
union, or the agency shall refuse to execute such a statement, the Compliance Report shall
so certify and set forth what efforts have been made to secure such a statement and such
additional factual material as the Secretary of labor may require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp.,
p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 204 (a) The Secretary of labor may, when the Secretary deems that special
circumstances in the national Interest so require, exempt a contracting agency from the
requirement of Including any or all of the provisions of Section 202 of this Order In any
specific contract, subcontract, or purchase order.
(b) The Secretary of labor may, by rule or regulation, exempt certain classes of contracts,
subcontracts, or purchase orders (1) whenever work Is to be or has been performed outsIde
the United States and no recruitment of workers within the limits of the United States Is
involved; (2) for standard commercial supplies or raw materials; (3) involving less than
specified amounts of money or specified numbers of workers; or (4) to the extent that they
involve subcontracts below a specified tier,
Cc) Section 202 of this Order shall not apply to a Government contractor or subcontractor
that Is a religious corporation, assodatlon, educational institution, or society, with respect to
the employment of Individuals of a particular religion to perform work connected with the
carrying on by such corporation, assodatlon, educational Institution, or society of Its
activities. Such contractors and subcontractors are not exempted or exQJsed from
complying with the other requirements contained In this Order.
Cd) The Secretary of labor may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor that are in all respects separate and distinct from
activities of the contractor related to the performance of the contract: provided, that such
an exemption will not Interfere with or Impede the effectuation of the purposes of this
Order: and provided further, that in the absence of such an exemption all facilities shall be
covered by the provisions of this Order."
[Sec. 204 amended by EO 13279 of Dec. 16,2002, 67 FR 77141, 3 CFR, 2002 Comp., p.
77141 - 77144]
Executive Order 11246, As Amended Page 4 of8
Subpart C - Powers and Duties of the Seaetary of Labor and the Contracting
Agencies
SEC. 205. The Secretary of labor shall be responsible for seOJrlng compliance by all
Government contractors and subcontractors with this Order and any implementing rules or
regulations. All contracting agendes shall comply with the terms of this Order and any
Implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies
shall cooperate with the Secretary of Labor and shall furnish such Information and
assistance as the Secretary may require.
[Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 206. The Secretary of Labor may Investigate the employment practices of any
Government contractor or subcontractor to determine whether or not the contractual
provisions specified In Section 202 of this Order have been violated. Such Investigation shall
be conducted In accordance with the procedures established by the Secretary of Labor.
(b) The Secretary of Labor may receive and Investigate complaints by employees or
prospective employees of a Government contractor or subcontractor which allege
discrimination contrary to the contractual provisions specified In Section 202 of this Order.
[Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 207. The Secretary of labor shall use his/her best efforts, directly and through
Interested Federal, State, and local agencies, contractors, and all other available
instrumentalities to cause any labor union engaged In work under Government contracts or
any agency referring workers or providing or supervising apprenticeship or training for or in
the course of such work to cooperate In the Implementation of the purposes of this Order,
The Secretary of labor shall, In appropriate cases, notify the Equal Employment Opportunity
Commission, the Department of Justice, or other appropriate Federal agencies whenever it
has reason to believe that the practices of any such labor organization or agency violate
Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law.
[Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 208. The Secretary of Labor, or any agency, officer, or employee in the executive
branch of the Government designated by rule, regulation, or order of the Secretary, may
hold such hearings, public or private, as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearings In accordance with
Subsection of this Section prior to Imposing, ordering, or recommending the Imposition of
penalties and sanctions under this Order. No order for debarment of any contractor from
further Government contracts under Section 209(6) shall be made without affording the
contractor an opportunity for a hearing.
Subpart D - Sanctions and Penalties
SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of Labor
may issue or adopt, the Secretary may:
(1) Publish, or cause to be published, the names of contractors or unions which it has
concluded have complied or have failed to comply with the provisions of this Order or of the
rules, regulations, and orders of the Secretary of labor.
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Executive Order 11246, As Amended Page S of8
(2) Recommend to the Department of Justice that, In cases In which there Is substantial or
material violation or the threat of substantial or material violation of the contractual
provisions set forth in Section 202 of this Order, app~prlate proceedings be brought to
enforce those provisions, Including the enjoining, within the limitations of appJlcable law, of
organizations, Individuals, or groups who prevent directly or Indirectly, or seek to prevent
directly or Indirectly, compliance with the provisions of this Order,
(3) Recommend to the Equal Employment Opportunity Commission or the Department of
Justice that appropriate proceedings be Instituted under Title vn of the Civil Rights Act of
1964,
(4) Recommend to the Department of Justice that criminal proceedings be brought for the
furnishing of false Information to any contracting agency or to the Secretary of Labor as the
case may be.
(5) After consulting with the contracting agency, direct the contracting agency to cancel,
terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or
any portion or portions thereof, for failure of the contractor or subcontractor to comply with
equal employment opportunity provisions of the contract. Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contracts may be conditioned upon a
program for future compliance approved by the Secretary of Labor.
(6) Provide that any contracting agency shall refrain from entering Into further contracts, or
extensions or other modifications of existing contracts, with any noncomplying contractor,
until such contractor has satisfied the Secretary of Labor that such contractor has
established and will carry out personnel and employment polldes In compliance with the
provisions of this Order.
(b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary
shall make reasonable efforts, within a reasonable time limitation, to secure compliance with
the contract provisions of this Order by methods of conference, conciliation, mediation, and
persuasion before proceedings shall be Instituted under subsection (a)(2) of this Section, or
before a contract shall be cancelled or tennlnated In whole or In part under subsection (a)
(5) of this Section.
[Sec. 209 amended by EO 12086 of Oct, 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 210. Whenever the Secretary of Labor makes a determination under Section 209, the
Secretary shall promptly notify the appropriate agency, The agency shall take the action
directed by the Secretary and shall report the results of the action it has taken to the
Secretary of Labor within such time as the Secretary shall specify. If the contracting agency
falls to take the action directed within thirty days, the Secretary may take the action
directly.
[Sec. 210 amended by EO 12086 of Oct. 5, 1978,43 FR 46501,3 CFR, 1978 Camp., p 230]
SEC. 211. If the Secretary shall so direct, contracting agendes shall not enter Into contracts
with any bidder or prospective contractor unless the bidder or prospective contractor has
satisfactorily complied with the provisions of this Order or submits a program for compliance
aa:eptable to the Secretary of labor.
[Sec. 211 amended by EO 12086 of Oct, 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 212. When a contract has been cancelled or terminated under Section 209 (a) (5) or a
contractor has been debarred from further Government .contracts under Section 209(a)(6)
of this Order, because of noncompliance with the contract provisions spedfied in Section
Executive Order 11246, As Amended Page 6 of8
202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of
the United States.
[Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
Subpart E - Certificates of Merit
SEC. 213. The Secretary of Labor may provide for issuance of a United States Government
Certificate of Merit to employers or labor unions, or oth~r agencies which are or may
hereafter be engaged In work under Government contracts, if the Secretary is satisfied that
the personnel and employment practices of the employer, or that the personnel, training,
apprenticeship, membership, grievance and representation, upgrading, and other practices
and policies of the labor union or other agency conform to the purposes and provisions of
this Order,
SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the
Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to
comply with the provisions of this Order.
SEC. 215. The Secretary of Labor may provide for the exemption of any employer, labor
union, or other agency from any reporting requirements imposed under or pursuant to this
Order if such employer, labor union, or other agency has been awarded a Certificate of Merit
which has not been suspended or revoked.
Part fiI - Nondiscrimination Provisions in Federallv Assisted Construction
Contracts
SEC. 301. Each executive department and agency, which administers a program involving
Federal financial assistance shall require as a condition for the approval of any grant,
contract, loan, Insurance, or guarantee thereunder, which may involve a construction
contract, that the applicant for Federal assistance undertake and agree to Incorporate, or
cause to be
Incorporated, into all construction contracts paid for in whole or in part with funds obtained
from the Federal Government or borrowed on the credit of the Federal Government
pursuant to such grant, contract, loan, Insurance, or guarantee, or undertaken pursuant to
any Federal program Involving such grant, contract, loan, insurance, or guarantee, the
provisions prescribed for Government contracts by Section 202 of this Order or such
modification thereof, preserving in substance the contractor's obligations thereunder, as
may be approved by the Secretary of Labor, together with such additional provisions as the
Secretary deems appropriate to establish and protect the interest of the United States in the
enforcement of those obligations. Each such applicant shall also undertake and agree (1) to
assist and cooperate actively with the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with those contract provisions and with the rules, regulations
and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of labor
such information as the Secretary may require for the supervision of such compliance, (3) to
carry out sanctions and penalties for violation of such obligations imposed upon contractors
and subcontractors by the Secretary of Labor pursuant to Part II, Subpart D, of this Order,
and (4) to refrain from entering into any contract subject to this Order, or extension or
other modification of such a contract with a contractor debarred from Government contracts
under Part II, Subpart D, of this Order.
[Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 302. "Construction contract" as used in this Order means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of buildings,
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Executive Order 11246, As Amended Page 7 of 8
highways, or other Improvements to real property.
(b) The provisions of Partn of this Order shall apply to such construction contracts, and for
purposes of such application the administering department or agency shall be considered
the contracting agency referred to therein.
(c) The term "applicant" as used In this Order means an applicant for Federal assistance or,
as determined by agency regulation, other program participant, with respect to whom an
application for any grant, contract, loan, Insurance, or guarantee Is not finally acted upon
prior to the effective date of this Part, and It Includes such an applicant after he/she
becomes a recipient of such Federal assistance.
SEC. 303. The Seaetary of Labor shall be responsible for obtaining the compliance of such
applicants with their undertakings under this Order. Each administering department and
agency Is directed to cooperate with the Secretary of Labor and to furnish the Secretary
such Information and assistance as the Secretary may require In the performance of the
Secretary's functions under this Order,
(b) In the event an applicant falls and refuses to comply with the applicant's undertakings
pursuant to this Order, the Secretary of labor may, after consulting with the administering
department or agency, take any or all of the following actions: (1) direct any administering
department or agency to cancel, terminate, or suspend In whole or In part the agreement,
contract or other arrangement with such applicant with respect to which the failure or
refusal occurred; (2) direct any administering department or agency to refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refusal oCOJrred until satisfactory assurance of fubJre compliance has been
received by the Secretary of Labor from such applicant; and (3) refer the case to the
Department of Justice or the Equal Employment Opportunity Commission for appropriate
law enforcement or other proceedings.
(c) In no case shall action be taken with respect to an applicant pursuant to clause (1) or
(2) of subsection (b) without notice and opportunity for hearing.
[Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 304. Any exeOJtlve department or agency which Imposes by rule, regulation, or order
requirements of nondiscrimination In employment, other than requirements Imposed
pursuant to this Order, may delegate to the Secretary of labor by agreement such
responsibilities with respect to compliance standards, reports, and procedures as would tend
to bring the administration of such requirements Into conformity with the administration of
requirements imposed under this Order: Provided, That actions to effect compliance by
recipients of Federal financial assistance with requirements Imposed pursuant to Title VI of
the Civil Rights Act of 1964 shall be taken In conformity with the procedures and limitations
prescribed In Section 602 thereof and the regulations of the administering department or
agency Issued thereunder.
Part IV - Miscellaneous
SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the
Executive branch of the Government, any function or duty of the Secretary under Parts n
and III of this Order.
[Sec. 401 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p, 230]
SEC. 402. The Secretary of labor shall provide administrative support for the execution of
the program known as the "Plans for Progress."
Executive Order 11246, As Amended
SEC. 403. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957),
10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby
superseded and the President's Committee on Equal Employment Opportunity established
by Executive Dreier No. 10925 is hereby abolished. All records and property in the QJstody
of the Committee shall be transferred to the Office of Personnel Management and the
Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed
or imposed under or pursuant to any Executive Order superseded by this Order. All rules,
regulations, orders, instructions, designations, and other directives issued by the President's
Committee on Equal Employment Opportunity and those issued by the heads of various
departments or agendes under or pursuant to any of the Executive orders superseded by
this Order, shall, to the extent that they are not inconsistent with this Order, remain in full
force and effect unless and until revoked or superseded by appropriate authority.
References In such dlrectlvE!$ to provisions of the superseded orders shall be deemed to be
references to the comparable provisions of this Order,
[Sec. 403 amended by EO 12107 of Dee, 28, 1978,44 FR 1055, 3 CFR, 1978 Camp., p,
264]
SEC. 404. The General Services Administration shall take appropriate action to revise the
standard Government contract forms to accord with the provisions of this Order and of the
rules and regulations of the Secretary of Labor,
SEC. 405. This Order shall become effective thirty days after the date of this Order.
@ Back to TOD www.dol.aov/esa www.dol.aov
Freauently Asked Ouestlons I Freedom of Information Act I Customer Survey
Privacy a. Security Statement I Disclaimers I E-mail to a Friend
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
1-866-4-USA-DOL
TIY: 1-877-889-5627
Contact Us
Page 8of8
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Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Resolution 06-40 expressing the City's intention to be reimbursed from the proceeds of tax-exempt
financing for certain capital expenditures and approve a contract extension with SunTrust Leasing
Corporation to provide lease purchase financing.
SUMMARY:
The City uses lease purchase financing to pay for certain capital equipment. Lease purchase financing allows
the City to pay for items over their useful life. The City's contract with SunTrust Leasing, which will be
expiring on September 30, 2006, has a provision for two one-year extensions. This is the first extension.
Resolution 06-40 allows the City to pay the vendors and then to be reimbursed from Sun Trust Leasing.
Approval of this resolution and lease purchase contract does not represent a commitment to borrow.
Decisions to lease purchase specific items of equipment must be included in the budget or approved
separately in accordance with the City's purchasing policy.
Type: Other
Current Year Budget?: None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Annual Operating
Cost:
Total Cost:
Not to Exceed:
For Fiscal Year:
to
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
RESOLUTION NO. 06-40
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ESTABLISHING THE CITY'S INTENT TO
REIMBURSE CERTAIN PROJECT COSTS INCURRED
WITH PROCEEDS OF FUTURE TAX-EXEMPT
FINANCING; PROVIDE CERTAIN OTHER MATTERS
IN CONNECTIOIN THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the city of Clearwater, Florida (the
"Issuer") has determined that the need exists to acquire certain items of equipment
during the 2006-2007 fiscal years;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This resolution (hereinafter called the
"Resolution") is adopted pursuant to the provisions of the Florida Constitution,
Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses
its intention to be reimbursed from proceeds of a future tax -exempt financing for
capital expenditures to be paid by the Issuer in connection with the acquisition of
equipment as set forth in the Issuer's 2006-2007 fiscal year budget, as amended
and supplemented from time to time (the "Project"). The Issuer intends on
acquiring each item of equipment constituting a portion of the Project with funds
then on deposit in the Issuer's bank account, and within a reasonable time
thereafter refinancing such purchases within lease purchase financing with Sun
Trust Leasing Corporation pursuant to a master lease purchase agreement. It is
not reasonably expected that the total amount of the Project will exceed
$7,000,000. This resolution is intended to constitute a "declaration of official
intent" within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of
this Resolution shall for any reason be held illegal or invalid, such illegality or
invalidity shall not affect any other provision herein and the remaining provisions
shall be construed and enforced as if such illegal or invalid provisions had not
been contained therein.
SECTION 4. REPEALING CLAUSE. All resolution or orders and parts
therof in conflict herewith to the extent of such conflicts, are hereby superseded
and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption. PASSED AND ADOPTED this 20th day of July,
2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
SUNTRUST LEASING CORPORATION
AMENDMENT NO. ...Q1
AMENDMENT TO LEASE DOCUMENTS
July 20,2006
THIS AMENDMENT TO LEASE DOCUMENTS dated as of this 20th day of July, 2006 (this "Amendment"), by and
among SUNTRUST LEASING CORPORATION, its successors and assigns ("Lessor"), and THE CITY OF
CLEARWATER, FLORIDA its successors and permitted assigns ("Lessee"), amend that certain Master Lease
Agreement, dated as of October 16, 2003, and all of the other documents and agreements entered into in connection
therewith, as amended or otherwise modified (hereinafter collectively referred to as the "Lease Documents"). The
capitalized terms used herein but not otherwise defined herein shall have the respective meanings given them in the
Master Lease Agreement or the other documents referred to therein.
1. In accordance with Article III Section 3.1 Term, The City of Clearwater wants to extend the term of the
contract by one (1) year of the contact from October 1,2006 thru September 30,2007.
2. All other terms and conditions remain unchanged.
3. The term is hereby extended through September 30,2007.
4. Lessee hereby represents and warrants to Lessor that each of the Lease Documents constitute legal, valid
and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof.
5. Lessee will promptly execute and deliver to Lessor Uniform Commercial Code Statements of Amendments
and all other filings and recordings as required by Lessor, together with such further documents, instruments and
assurance and take such further action as Lessor may reasonably request in order to carry out the intent and
purpose of this Amendment, and cause any such documents to be filed with the appropriate recording offices at
Lessee's sole expense.
6. This Amendment shall hereafter amend and constitute a part of each of the Lease Documents referenced
herein. Except as expressly provided herein, the terms and conditions of each such Lease Document remains
unmodified and in full force and effect. This Amendment shall be governed by and in accordance with the laws of the
State of Florida.
SunTrust Leasing Corporation
BY:
Name:
Title:
Date:
Michael J. Powers
Secretary
Countersigned:
City of Clearwater, Florida
Frank V. Hibbard
Mayor
By:
William B. Horne II
City Manager
Approved as to form:
Attest:
Pam Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Resolution 06-37 providing for the sale of not to exceed $28 million Water & Sewer Revenue Bonds,
Series 2006.
SUMMARY:
A Water & Sewer rate study was completed in 2004, which recommended 6% rate increase in FY 2007, FY
2008, and FY 2009. A subsequent rate study completed in 2006 confirmed these rate increases. These rate
increases are sufficient to provide for operations, capital projects, and debt service on bonds issued during this
time period. The City identified a need of approximately $139.4 million in capital projects for the water &
sewer system from 2006 through 2009, with bonds to be issued in 2006 for projects costing approximately
$24,601,000, and in 2008 of approximately $39,977,000. On the attachment there is a list of the $24,601,000
in projects to be financed from the 2006 bond issue. Ordinance No. 3674-84 was enacted on August 2, 1984,
and amended and supplemented by Ordinance 6915-01, enacted November 15,2001. These bond ordinances
authorized the issuance of Water and Sewer Revenue Bonds. Resolution 04-36 was adopted on December 16,
2004, which provides for the City to be reimbursed from bond proceeds for expenditures that occurred on
these projects prior to issuance of the bonds. This resolution 06-37 authorizes the competitive sale of not to
exceed $28 million of Water and Sewer Revenue Bonds, and authorized the Finance Director and City
Manager to award the sale of the bonds to the best bidder. Only the amount of bonds needed to fund the
$24,601,000 construction costs will be issued. The complete resolution (with attachments) is available in the
Official Records and Legislative Services Department.
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Financial Services 4) Financial Services 5) Office of
Management and Budget 6) Clerk 7) City Manager 8) Clerk 9) City Manager 10) Clerk
RESOLUTION NO. 06-37
A RESOLUTION PROVIDING FOR THE AUTHORIZATION OF NOT TO EXCEED
$28,000,000 WATER AND SEWER REVENUE BONDS, SERIES 2006; PROVIDING
FOR THE PUBLIC SALE OF SAID BONDS; SETTING FORTH THE FORM OF THE
NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE RELATING
TO THE SALE OF SUCH BONDS; DIRECTING PUBLICATION OF THE
SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS; PROVIDING FOR
THE OPENING OF BIDS RELATING TO THE SALE OF THE BONDS; SETTING
FORTH THE FORM OF OFFICIAL NOTICE OF SALE AND BID FORMS;
PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK ENTRY
FORM; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT;
PROVIDING FOR COMPLIANCE WITH A CONTINUING DISCLOSURE
CERTIFICATE; DESIGNATING A REGISTRAR AND PAYING AGENT;
AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida (the "Issuer") has by Ordinance No. 3674-84
enacted by the Issuer on August 2, 1984, as amended and supplemented in Ordinance 6915-01,
enacted November 15, 2001 (collectively, the "Bond Ordinance"), authorized the issuance of City of
Clearwater, Florida, Water and Sewer Revenue Bonds in one or more series from time to time;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, as follows:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION. The Water
and Sewer Revenue Bonds being offered pursuant to the Bond Ordinance and this resolution are
hereby designated as the not to exceed $28,000,000 City of Clearwater, Florida, Water and Sewer
Revenue Bonds, Series 2006 (the "Series 2006 Bonds"), which Series 2006 Bonds are hereby
authorized to be issued. The proceeds of the Series 2006 Bonds shall be used to pay the costs of the
design, acquisition, construction or reconstruction of capital improvements to the System
undertaken by the City from time to time, a portion of which are designated by the City to be paid
from the proceeds of the Series 2006 Bonds (the "Series 2006 Project"), pay the cost of issuing the
Series 2006 Bonds, including any municipal bond insurance, and to fund a debt service reserve
fund. The Series 2006 Bonds shall constitute "Additional Bonds" as such term is defined in
Ordinance 6915-01, enacted November 15, 2001. The terms and provisions of the Bond Ordinance
are incorporated by reference herein and shall continue to apply to the Series 2006 Bonds for as long
as they shall remain outstanding regardless of the redemption, payment, defeasance or discharge of
any other Bonds issued under the Bond Ordinance.
RESOLUTION NO. 06-37
SECTION 2. PUBLIC SALE. There is hereby authorized to be sold pursuant to a public
sale not to exceed $28,000,000 City of Clearwater, Florida, Water and Sewer Revenue Bonds, Series
2006.
SECTION 3. SALE OF SERIES 2006 BONDS; REDEMPTION AND MATURITY
PROVISIONS. The Finance Director is hereby directed to arrange for the sale of the Series 2006
Bonds utilizing the electronic bid process of PARITY through the publication of the Summary
Notice of Sale of the Bonds in The Bond Buyer, such publications to be on such date as shall be
deemed by the Finance Director to be in the best interest of the Issuer and such publications to be
not less than ten (10) calendar days prior to the date of sale as required by Section 218.385(1),
Florida Statutes; and to publish such Notice in such other newspapers on such dates as may be
deemed appropriate by the Finance Director.
The Series 2006 Bonds shall be subject to optional redemption and shall bear maturities and
sinking fund amortizations as shall be subsequently determined by the Financial Director, upon
advice of the City's financial advisor and based on market conditions existing at the time, prior to
the publication of the Summary Notice of Sale as hereinafter approved.
Proposals for purchase of the Series 2006 Bonds will be received electronically via PARITY
as provided in the Official Notice of Sale, from the time that the Notice of Bond Sale is published
until 1:00 p.m., Clearwater, Florida time, on such date and time as may be established by the
Finance Director of the City or her designee, and if such date is subject to change, communicated
through Thompson Municipal Market Monitor (TM3) not less than twenty-four (24) hours prior to
the time bids are to be received for the purchase of the City of Clearwater, Florida, Water and
Sewer Revenue Bonds, Series 2006; provided that if the Internet is not working on the designated
bid date, the bid date shall be automatically changed to the next business day, and the City will
communicate a confirmation of this change in bid date through Thompson Municipal Market
Monitor (TM3), all as provided in the Notice of Sale (the "Bid Date").
SECTION 4. CREATION OF ACCOUNT IN THE CONSTRUCTION FUND AND USE
OF FUNDS. There is hereby created with the Construction Fund three separate sub accounts,
namely, the Series 2006 Cost of Issuance Account, the Series 2006 Project Account and the Series
2006 Capitalized Interest Account. Moneys held in the Series 2006 Cost of Issuance Account shall
be used to pay the costs of issuing and delivering the Series 2006 Bonds. Moneys held in the Series
2006 Project Account shall be used by the City to pay the costs of the Series 2006 Project.
SECTION 5. DISPOSITION OF PROCEEDS OF SERIES 2006 BONDS. The proceeds
from the sale of the Series 2006 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2006 Bonds shall be deposited into
the Interest Account in the Bond Service Funds;
2
RESOLUTION NO. 06-37
(b) An amount determined by the Finance Director to be necessary to pay the costs of
issuing the Series 2006 Bonds, including the premium due to the Bond Insurer, shall be deposited
into the Series 2006 Cost of Issuance Account in the Construction Fund to pay such costs;
(c) An amount determined by the Finance Director to be necessary to increase the amount in
the Reserve Fund so that the amount on deposit therein equals the Reserve Requirement; and
(d) The remaining proceeds of the Series 2006 Bonds shall be deposited into the Series 2006
Project Account of the Construction Fund.
SECTION 6. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of
Sale of the Bonds to be submitted for purchase of the Series 2006 Bonds shall be in substantially the
forms annexed hereto, as Exhibits A and B, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director depending on the bidding method selected
in accordance with Section 3 hereof, incorporated herein by reference. The form of the Official Bid
Form shall be provided by the Internet auction website selected by the Finance Director, and shall
be reasonably satisfactory to the Finance Director.
SECTION 7. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2006 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2006 Bonds remain in such book entry only system of registration, in the event of a conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 8. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The City Manager and Finance Director are authorized and directed to cause a Preliminary Official
Statement to be prepared in substantially the form attached hereto as Exhibit C, with such changes,
insertions and omissions as shall be approved by the City Manager and Finance Director,
containing a copy of the attached Notice of Bond Sale and to furnish a copy of such Preliminary
Official Statement to interested bidders. The City Manager and Finance Director are authorized to
deem final the Preliminary Official Statement prepared pursuant to this Section for purposes of
Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series
2006 Bonds to the successful bidder, the City shall also make available a reasonable number of
copies of the Preliminary Official Statement to such bidder, who may mail such Preliminary Official
Statements to prospective purchasers at the bidder's expense. Following the award of the Series
2006 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official
Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as
may be necessary to reflect the purchaser's bid. The Mayor and City Manager are hereby
authorized to execute and deliver such final Official Statement, with such changes, insertions and
omissions as may be approved by such officers.
3
RESOLUTION NO. 06-37
SECTION 9. CONTINUING DISCLOSURE. The City hereby covenants and agrees that,
in order to provide for compliance by the City with the secondary market disclosure requirements
of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit D, to be executed by the
City and dated the date of issuance and delivery of the Series 2006 Bonds, as it may be amended
from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate").
Notwithstanding any other provision of this Resolution, failure of the City to comply with such
Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder may take such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the City to comply with its obligations
under this Section.
SECTION 10. REGISTRAR AND PAYING AGENT. U.S. Bank National Association,
Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the Series 2006 Bonds.
SECTION 11. MUNICIPAL BOND INSURANCE POLICIES. Pursuant to the Bond
Ordinance, Financial Security Assurance Inc., has been selected to provide its Municipal Bond
Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond Ordinance) as
additional security for payment of principal and interest on the Series 2006 Bonds. Selection of
Financial Security Assurance Inc., a New York stock insurance company, as the Bond Insurer (as
defined in the Bond Ordinance) is hereby ratified and confirmed and payment for such Bond
Insurance Policy from proceeds of the Series 2006 Bonds is hereby authorized. The Issuer hereby
accepts the terms, conditions and agreements relating to the Bond Insurance Policy in accordance
with the Municipal Bond Insurance Commitment attached hereto as Exhibit E and incorporated
herein. A statement of insurance is hereby authorized to be printed on or attached to the Series
2006 Bonds for the benefit and information of the holders of the Series 2006 Bonds.
In addition to the covenants and agreements of the City previously contained in the Bond
Ordinance regarding the rights of the Bond Insurer, which are hereby incorporated herein, the City
hereby makes the additional covenants and agreements substantially in the form attached hereto as
Exhibit "G" for the benefit of the Bond Insurer and the Holders of the Series 2006 Bonds while the
Bond Insurance Policy insuring the Series 2006 Bonds are in full force and effect.
SECTION 12. AWARD OF BIDS. The Finance Director is hereby authorized to accept the
bids for the Series 2006 Bonds. The City Manager and the Finance Director are hereby authorized
to award the sale of the Series 2006 Bonds on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for herein so long as the true interest
cost rate shall not exceed 5.50% on the Series 2006 Bonds. The City Manager and the Finance
Director are hereby authorized to award the sale of the Series 2006 Bonds as set forth above or to
reject all bids for the Series 2006 Bonds. Such award shall be final.
SECTION 14. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are
inconsistent with the provisions of prior resolutions regarding the Series 2006 Project or the Series
2006 Bonds, provisions of this Resolution shall control and supersede the inconsistent provisions of
4
RESOLUTION NO. 06-37
such Resolutions.
SECTION 15. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
Passed and adopted by the City Council of the City of Clearwater, Florida, this _ day of July 2006.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
5
RESOLUTION NO. 06-37
EXHIBIT A
FORM OF
OFFICIAL NOTICE OF BOND SALE
$26,430,000*
CITY OF CLEARWATER, FLORIDA
WATER AND SEWER REVENUE BONDS, SERIES 2006
NOTICE IS HEREBY GIVEN that electronic (as explained below) proposals will be received
electronically via P ARlTY in the manner described below, until 1 :00 p.m., Eastern Daylight Savings
Time, on July 25, 2006.
Bids must be submitted electronically via PARITY in accordance with this Notice of Bond
Sale, until 1:00 p.m., Clearwater, Florida time, but no bid will be received after the time for
receiving bids specified above. To the extent any instructions or directions set forth in PARITY
conflict with this Notice of Bond Sale, the terms of this Notice of Bond Sale shall control. For further
information about PARITY, potential bidders may contact the financial advisor to the City, RBC,
100 Second Avenue South, Suite 800, S1. Petersburg, Florida 33701, Attn: Kevin Conitz: (727) 895-
8853, or PARITY at 40 West 23rd Street, 5th Floor, New York, New York 10010, telephone (212) 404-
8102. In the event of a malfunction in the electronic bidding process, the bid date will automatically
change to the next business day as confirmed in a communication through Thompson Municipal
Market Monitor (TM3).
Form of Series 2006 Bonds
The Series 2006 Bonds will be issued in book entry only form, without coupons, in
denominations of $5,000 or any integral multiples thereof, and shall be dated August 23, 2006.
Principal of the Series 2006 Bonds shall be paid to the registered owners at the designated corporate
trust office of U.S. Bank National Association (the "Paying Agent" and "Registrar"), upon
presentment and surrender of the Series 2006 Bonds. Interest on the Series 2006 Bonds shall be paid
to the registered owners as shown on the registration books maintained by the Registrar, by check
or draft mailed to each such owner's address as shown on the registration books maintained by the
Registrar as of the fifteenth (15th) day of the calendar month preceding such interest payment date.
Interest will be payable each June 1 and December 1, commencing December 1, 2006. Interest will
be calculated on the basis of a 360-day year of twelve 30-day months. For so long as The
Depository Trust Company, New York, New York, or its nominee, Cede & Co. (collectively, "DTC")
is the registered owner of the Series 2006 Bonds, payments of principal of, redemption premium, if
any, and interest on the Series 2006 Bonds will be made directly to DTC. Disbursements of such
payments to the DTC participants is the responsibility of DTC and further disbursement of such
payments from the DTC participants to the beneficial owners of the Series 2006 Bonds is the
responsibility of the DTC participants.
A-I
RESOLUTION NO. 06-37
Initially one bond will be issued for each maturity of the Series 2006 Bonds in the aggregate
principal amount of each such maturity and registered in the name of DTC. DTC, an automated
clearing house for securities transactions, will act as securities depository for the Series 2006 Bonds.
Purchases of the Series 2006 Bonds will be made in book-entry-only form (without certification). It
shall be the responsibility of the Successful Bidder (as hereinafter defined) for the Series 2006 Bonds
to furnish to DTC an underwriters' questionnaire and to the City the CUSIP numbers of the Series
2006 Bonds not less than seven (7) days prior to the Closing Date (as hereinafter defined).
Maturity Schedule
The Series 2006 Bonds will mature on December 1 of the following years in the following
principal amounts:
Series 2006 Bonds
Maturity
Principal
Amount*
Maturity
Principal
Amount*
2019
2020
2021
2022
2023
2024
2025
$1,410,000
1,470,000
1,540,000
1,605,000
1,675,000
1,745,000
1,820,000
2026
2027
2028
2029
2030
2031
2032
$1,905,000
1,985,000
2,070,000
2,160,000
2,250,000
2,350,000
2,445,000
*Preliminary, subject to
change
Mandatory Redemption Provisions
If the Successful Bidder designates any Series 2006 Bonds as term bonds as described under
"Designation of Term Bonds," the following mandatory redemption provisions shall apply with
respect to such designated term bonds:
The Series 2006 Bonds maturing on December I, 20_ will be subject to mandatory
redemption prior to maturity, selected by lot, or in such manner as the Registrar may deem
appropriate, at a redemption price equal to par plus accrued interest to the redemption date, on
December I, 20-, and each December 1 thereafter, from amounts deposited in the Redemption
Account in the Bond Service Fund established by the Ordinance, in the following years and
amounts as follows:
A-2
RESOLUTION NO. 06-37
Year
Amount
* Maturity.
Optional Redemption Provisions
The Series 2006 Bonds maturing on December I, 2019 and thereafter will be subject to
optional redemption prior to their respective maturity dates beginning on December I, 2015 at
100% of the par value thereof.
Adjustment of Principal Amount
After final computation of the bids, to achieve desired debt service levels, the City reserves
the right either to increase or decrease any Principal Amount of the Series 2006 Bonds shown on the
schedule of Principal Amounts set forth above (the "Maturity Schedule"), by an amount not to
exceed five percent (5%) of the stated amount of each such Principal Amount on the Maturity
Schedule and correspondingly adjust the issue size, all calculations to be rounded to the nearest
$5,000.
In the event of any such adjustment in the Series 2006 Bonds, no rebidding or recalculation
of the bid submitted with respect to such Series 2006 Bonds will be required or permitted. If
necessary, the total purchase price of the Series 2006 Bonds will be increased or decreased in direct
proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series
2006 Bonds specified herein; and the Series 2006 Bonds of each maturity, as adjusted, will bear
interest at the same rate and must have the same initial reoffering yields as specified in the bid of
the Successful Bidder. However, the award will be made to the bidder whose bid produces the
lowest true interest cost, calculated as specified below, solely on the basis of the bid for the Series
2006 Bonds offered pursuant to the Bid Maturity Schedule of the relevant series of Series 2006
Bonds, without taking into account any adjustment in the amount of Series 2006 Bonds set forth in
the Bid Maturity Schedule.
Designation of Term Bonds
Bidders may specify that the annual Principal Amounts of the Series 2006 Bonds coming
due in any two or more consecutive years may be combined to form one or more maturities of
Series 2006 Term Bonds scheduled to mature in the last of such years with the preceding annual
Principal Amounts for such years constituting mandatory Amortization Installments of Series 2006
Bonds to be selected by lot and redeemed at a price of par plus accrued interest in accordance with
A-3
RESOLUTION NO. 06-37
the Original Resolution.
Basis of Award
Proposals must be unconditional and only for all the Series 2006 Bonds. The purchase price
bid for the Series 2006 Bonds may include a discount (including underwriters' discount and original
issue discount) not to exceed two percent (2%) of the principal amount of the Series 2006 Bonds and
shall specify how much of the discount is original issue discount. The purchase price bid may also
include an original issue premium and shall specify how much of such purchase price is original
issue premium. The Series 2006 Bonds will be insured by Financial Security Assurance Inc., and
the City will pay the bond insurance premium from Bond proceeds. The purchase price bid for the
Series 2006 Bonds will not deduct the insurance premium. Only the final bid submitted by any
bidder through Parity will be considered. The City reserves the right to determine the Successful
Bidder for the Series 2006 Bonds, to reject any or all bids and to waive any irregularity or
informality in any bid.
The Series 2006 Bonds will be awarded to the bidder (herein referred to as the "Successful
Bidder" as to the Series 2006 Bonds) offering such interest rate or rates and purchase price which
will produce the lowest true interest cost to the City over the life of the Series 2006 Bonds. True
interest cost for the Series 2006 Bonds (expressed as an annual interest rate) will be that annual
interest rate being twice that factor of discount rate, compounded semiannually, which when
applied against each semiannual debt service payment (interest, or principal and interest, as due)
for the Series 2006 Bonds will equate the sum of such discounted semiannual payments to the bid
price (inclusive of accrued interest). Such semiannual debt service payments begin on December I,
2006. The true interest cost shall be calculated from August 23, 2006, the expected closing date of
the Series 2006 Bonds (the "Closing Date") and shall be based upon the principal amounts of each
serial maturity set forth in this Notice of Bond Sale and the bid price set forth in the Proposal for the
Series 2006 Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, the City
may select the Successful Bidder by lot. It is requested that each Proposal for the Series 2006 Bonds
be accompanied by a computation of such true interest cost to the City under the term of the
Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Bonds.
Interest Rates Permitted
The Series 2006 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-
twentieth (1/20) of one percent. No coupon interest rate specified for any maturity of the Series 2006
Bonds may be less than one percent (1.0%) or more than five point five percent (5.5%). Should an
interest rate be specified which results in annual interest payments not being equally divisible
between the semiannual payments in cents the first semiannual payment will be reduced to the
next lower cent and the second semiannual payment will be raised to the next higher cent.
It shall not be necessary that all Series 2006 Bonds bear the same rate of interest, provided
that all Series 2006 Bonds maturing on the same date shall bear the same rate of interest. A rate of
A-4
RESOLUTION NO. 06-37
interest based upon the use of split or supplemental interest payments or a zero rate of interest will
not be considered.
Paying Agent and Registrar
The Paying Agent and Registrar for the Series 2006 Bonds is U.S. Bank National Association,
through its designated office in Jacksonville, Florida.
Security
Principal of and interest on the Series 2006 Bonds to be issued pursuant to Ordinance No.
6915-01, as supplemented, and all required sinking fund, reserve and other payments shall be
payable solely from the Net Revenues of Water and Sewer System of the City, together with the
earnings thereon derived from the investment thereof in the Funds and Accounts established in the
Ordinance and as more fully described in the Preliminary Official Statement.
The Series 2006 Bonds do not constitute a general indebtedness of the City within the
meaning of any constitutional, statutory or charter provision or limitation, and no Bondholder shall
ever have the right to require or compel the exercise of the ad valorem taxing power of the City or
taxation of any real or personal property therein for the payment of the principal of and interest on
the Series 2006 Bonds or the making of any debt service fund, reserve or other payments provided
for in the Resolution.
Purpose
Pursuant to the Ordinance, the Series 2006 Bonds are being issued to pay the costs of the
Series 2006 Project, and pay the costs of issuing the Series 2006 Bonds, including the premium for a
municipal bond insurance policy and to fund the reserve fund.
Issuance of Series 2006 Bonds
The Series 2006 Bonds will be issued and sold by the City of Clearwater, Florida (the
"City"), a municipal corporation organized and existing under the laws of the State of Florida. The
Series 2006 Bonds are being issued pursuant to Ordinance No. 6915-01 enacted November 15, 2001
as supplemented by Resolution No. 06-37, adopted on July -' 2006 (collectively, the "Bond
Ordinance"), by the City and pursuant to the provisions of Chapter 166, Florida Statutes, and other
applicable provisions of law.
Municipal Bond Insurance Policy
A commitment to issue a municipal bond insurance policy guaranteeing payment of
principal and interest on the Series 2006 Bonds has been obtained from Financial Security
Assurance Inc.
A-5
RESOLUTION NO. 06-37
Proposals
Proposals for the Series 2006 Bonds are desired on forms which will be furnished by
PARITY, on behalf of the City, and be submitted electronically via PARITY.
All bidders must submit a "Good Faith Deposit" in the amount of $100,000 (the "Deposit") in
the form of a financial surety bond of Financial Security Assurance, Inc. (the "Financial Surety
Bond"). Such Financial Surety Bond must be submitted to the City prior to the sale. The Financial
Surety Bond must identify the Bidder whose Deposit is guaranteed by such Financial Surety Bond.
The successful bidder is required to submit its good faith deposit by wire transfer not later than 1:00
p.m. eastern time, on the next business day following the award, as instructed by the City's
Financial Advisor. If such deposit is not received by that time, the City shall make a claim under
the Financial Surety Bond to satisfy the good faith deposit requirement. The wire transfer of the
successful bidder or proceeds of a claim under the Financial Surety Bond, as applicable, will be
deposited by the City in an interest-bearing account and be retained and applied towards the
purchase price of the Series 2006 Bonds pending full performance by the successful bidder, or will
be forfeited to the City and applied as full liquidated damages upon failure of the successful bidder
to take up and pay for the Series 2006 Bonds. Any interest earned on the good faith deposit will be
retained by and inure to the benefit of the City. If the Series 2006 Bonds are not delivered to the
successful bidder within 30 calendar days from the date of sale, without fault upon the part of the
successful bidder, such successful bidder shall not thereafter be obligated to take delivery of and
pay for the Series 2006 Bonds and the good faith deposit amount will be promptly paid to the
successful bidder or Financial Security Assurance, Inc., as applicable.
Delivery and Payment
It is anticipated that the Series 2006 Bonds in book entry only form will be available for
delivery on August 23, 2006, in New York, New York, at The Depository Trust Company, or some
other date and place to be mutually agreed upon by the Successful Bidder and the City against the
payment of the purchase price therefor including accrued interest calculated on a 360-day year
basis, less the amount of the good faith deposit, in immediately available Federal Reserve funds
without cost to the City.
Closing Documents
The City will furnish to the Successful Bidder upon delivery of the Series 2006 Bonds the
following closing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation
certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement;
and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the
Series 2006 Bonds will be delivered to the Successful Bidder of the Series 2006 Bonds upon request.
Copies of the form of such closing papers and certificates may be obtained from the City.
Information Statement
A-6
RESOLUTION NO. 06-37
Section 218.38(1)(b )1, Florida Statutes requires that the City file, within 120 days after
delivery of the Series 2006 Bonds, an information statement with the Division of Bond Finance of
the State of Florida (the "Division") containing the following information: (a) the name and address
of the managing underwriter, if any, connected with the Series 2006 Bonds; (b) the name and
address of any attorney or financial consultant who advised the City with respect to the Series 2006
Bonds; and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by an
underwriter or financial consultant to any person not regularly employed or engaged by such
underwriter or consultant and (d) any other fee paid by the City with respect to the Series 2006
Bonds, including any fee paid to attorneys or financial consultants. The Successful Bidder will be
required to deliver to the City at or prior to the time of delivery of the Series 2006 Bonds, a
statement signed by an authorized officer containing the same information mentioned in (a) and (c)
above. The Successful Bidder shall also be required, at or prior to the delivery of the Series 2006
Bonds, to furnish the City with such information concerning the initial prices at which a substantial
amount of the Series 2006 Bonds of each maturity were sold to the public as the City shall
reasonably request.
Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-
bonding statement will be required from each bidder as to the Series 2006 Bonds as part of their bid
in the following form:
"The City of Clearwater, Florida, is proposing to issue $26,430,000 original aggregate
principal amount of Water and Sewer Revenue Bonds, Series 2006, for the purpose
of paying (i) the costs of making certain capital infrastructure improvements to the
city's water and sewer system, (ii) the costs of issuing the Series 2006 Bonds, and (iii)
the premium on the Bond Insurance Policy, all as further described in Ordinance
No. 6915-01, as supplemented. The final maturity date of the Series 2006 Bonds is
December I, 2032, and the Series 2006 Bonds are expected to be repaid over a period
of twenty-six and four-tenths (26.4) years. At a forecasted average interest rate of
_ % per annum, total interest paid over the life of the Series 2006 Bonds will be
$ . The source of repayment or security for this proposal is the Net
Revenues (as defined in the Ordinance) and moneys and investments held in the
funds created under the said Ordinance. Authorizing the Series 2006 Bonds will
result in $ not being available to finance the other capital projects of
the City. This truth-in-bonding statement prepared pursuant to Section 218.385(2)
and (3) of the Florida Statutes, as amended, is for informational purposes only and
shall not affect or control the actual terms and conditions of the Series 2006 Bonds."
A-7
RESOLUTION NO. 06-37
Legal Opinion
The Successful Bidder will be furnished, without cost, with the approving opinion of Bryant
Miller Olive, Tallahassee, Florida, to the effect that based on existing law, and assuming compliance
by the City with certain covenants and requirements of the Internal Revenue Code of 1986, as
amended (the "Code"), regarding use, expenditures, investment of proceeds and the timely
payment of certain investment earnings to the United States Treasury, the interest on the Series
2006 Bonds is not includable in the gross income of individuals, however, interest on the Series 2006
Bonds will be included in the calculation of the alternative minimum tax liabilities of corporations.
The Code contains other provisions that could result in tax consequences, upon which Bond
Counsel renders no opinion, as a result of ownership of the Series 2006 Bonds or the inclusion in
certain computations (including, without limitation, those related to the corporate alternative
minimum tax and environmental tax) of interest that is excluded from gross income.
Official Statement
The Preliminary Official Statement, copies of which may be obtained as described below, is
in a form "deemed final" by the City for purposes of SEC Rule 15c2-12(b)(1) (except for certain
permitted omissions as described in such rule) but is subject to revision, amendment and
completion in a final Official Statement. Upon the sale of the Series 2006 Bonds, the City will
publish a final Official Statement in substantially the same form as the Preliminary Official
Statement. Copies of the final Official Statement will be provided, at the City's expense, on a timely
basis in such quantities as may be necessary for the Successful Bidder's regulatory compliance.
It is not the intention or the expectation of the City to print the name(s) of the Successful
Bidder as to the Series 2006 Bonds on the cover of the Official Statement.
Continuing Disclosure
The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of
the Securities and Exchange Commission. See "Appendix D -- Form of Continuing Disclosure
Certificate" attached to the Preliminary Official Statement.
CUSIP Number
It is anticipated that CUSIP identification numbers will be printed on the Series 2006 Bonds,
but neither the failure to print such number on any Series 2006 Bonds nor any error with respect
thereto shall constitute cause for failure or refusal by the Successful Bidder to accept delivery of and
pay for the Series 2006 Bonds in accordance with its agreement to purchase the Series 2006 Bonds.
All expenses in relation to the printing of CUSIP numbers on the Series 2006 Bonds shall be paid for
by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said
number shall be the responsibility of and shall be paid for by the Successful Bidder.
Copies of Documents
A-8
RESOLUTION NO. 06-37
Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the
Official Bid Form and further information which may be desired, may be obtained from the City's
Financial Advisor, RBC, 100 Second Avenue South, Suite 800, S1. Petersburg, Florida 33701, Attn:
Kevin Conitz: (727) 895 8853.
The Preliminary Official Statement will be available electronically from Image Master
Financial Publishing Inc. at www.munios.com. which may be contacted at 1-800-452-5152 for
assistance in resolving downloading problems; however, the printed version of the Preliminary
Official Statement is the only official version.
Amendment and Notices
Amendments hereto and notices, if any, pertaining to this offering shall be made through
Thompson Municipal Market Monitor (TM3) or similar information distribution service.
CITY OF CLEARWATER, FLORIDA
Isl Frank Hibbard
Mayor
A-9
RESOLUTION NO. 06-37
EXHIBIT B
FORM OF
SUMMARY NOTICE OF SALE
$26,430,000*
CITY OF CLEARWATER, FLORIDA
Water and Sewer Revenue Bonds
Series 2006
NOTICE IS HEREBY GIVEN, that bids will be received by the City Manager and the Finance
Director of the City of Clearwater, Florida, electronically through PARITY, subject to the provisions of the
Official Notice of Bond Sale.
Sale Date:
July 25,2006
Time:
1:00 p.m., E.D.5.T.
Bonds Dated:
August 23,2006
Maturities:
Payable December 1 in the years and amounts as follows:
Series 2006 Bonds
Maturity
Principal
Amount*
Maturity
Principal
Amount*
2019
2020
2021
2022
2023
2024
2025
$1,410,000
1,470,000
1,540,000
1,605,000
1,675,000
1,745,000
1,820,000
2026
2027
2028
2029
2030
2031
2032
$1,905,000
1,985,000
2,070,000
2,160,000
2,250,000
2,350,000
2,445,000
*Preliminary, subject to
change
Interest Payment Dates:
Payable June 1 and December 1, commencing December 1, 2006.
Legal Opinion:
Bryant Miller Olive,
Tallahassee, Florida
For copies of the Official Notice of Bond Sale and the Preliminary Official Statement of the City of
Clearwater, Florida, please contact the City's Financial Advisor, RBC Capital Markets, 100 Second Avenue
South, Suite 800, S1. Petersburg, Florida 33701, Attn: Kevin Conitz: (727) 895-8853. The Preliminary
Official Statement may be obtained after July 13, 2006 electronically through Image Master Financial
Publishing Inc. at www.munios.com.
B-1
RESOLUTION NO. 06-37
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
C-I
RESOLUTION NO. 06-37
NEW ISSUE - FULL BOOK-ENTRY Ratings: Fitch: (Insured)
(Underlying)
Moody's: " (Insured)
" "(Underlying)
(See "RATINGS," herein)
In the opinion of Bond Counsel, assuming continuing compliance by the City with various covenants in the Ordinance (herein defined), under existing
statutes, regulations and judicial decisions, the interest on the Series 2006 Bonds will be excluded from gross income for federal income tax purposes to the owners
thereof The Series 2006 Bonds are, under existing laws and regulations, also exempt from intangible taxes imposed pursuant to Chapter 199, Florida Statutes. See
"Tax Exemption" herein for a description of alternative minimum tax treatment and certain other tax consequences to owners of the Series 2006 Bonds.
$ [Amount] *
CITY OF CLEARWATER, FLORIDA
Water and Sewer Revenue Bonds
Series 2006
Dated: [Dated Date]
Due: December 1, as shown below
The Water and Sewer Revenue Bonds, Series 2006 (the "Series 2006 Bonds") of the City of Clearwater, Florida (the "City") are being issued in fully
registered form and, when initially issued, will be registered to Cede & Co., as nominee of The Depository Trust Company, New York, New York. U.S. Bank, National
Association, Jacksonville, Florida, is acting as the Paying Agent and Bond Registrar for the Series 2006 Bonds. The Series 2006 Bonds will be purchased in book-
entry form only, in the denomination of $5,000 or any integral multiple thereof. There will be no physical delivery of bond certificates to individual Bondholders.
Interest on the Series 2006 Bonds will be payable semi-annually beginning on December 1, 2006 and on each June 1 and December 1 thereafter. Principal of and
premium, if any, on the Series 2006 Bonds will be payable at maturity or upon redemption prior to maturity.
The Series 2006 Bonds are subject to optional redemption and mandatory redemption prior to maturity.
The Series 2006 Bonds are being issued for the purpose of paying the costs of the design, acquisition, construction or reconstruction of capital improvements
to the System undertaken by the City from time to time, a portion of which are designated by the City to be paid from the proceeds of the Series 2006 Bonds (the
"Series 2006 Project"), paying the cost of issuing the Series 2006 Bonds, including any municipal bond insurance, and funding a debt service reserve fund. The Series
2006 Bonds and the interest thereon are payable solely from the Net Revenues derived from the operation of the System, as further described herein. The lien of the
Series 2006 Bonds on the Net Revenues is on a parity with the holders of the City's Outstanding Water and Sewer Revenue Bonds, Series 1998, the City's
Outstanding Water and Sewer Revenue Bonds, Series 2002 and the City's Outstanding Water and Sewer Revenue Refunding Bonds, Series 2003 (the "Parity
Bonds"), as further described herein.
The scheduled payment of principal of and interest on the Bonds when due will be guaranteed under an insurance policy to be issued concurrently with the
delivery of the Bonds by [Insurer] For a discussion of the terms and provisions of such policy, including the limitations thereof, see "MUNICIPAL BOND
INSURANCE" herein.
[INSURER LOGO]
PRINCIPAL AMOUNTS, INTEREST RATES, MATURITIES, YIELDS AND CUSIPS
of the Year
Principal
Amount Coupon
$ Serial Bonds
Maturing
December 1
Maturing
December 1
Yield
CUSIP
of the Year
Principa
I
Amount Coupon
Yield
CUSIP
(accrued interest to be added)
Sealed bids for the purchase of the Bonds will be received by the City on July 25, 2006, as provided in the Official
Notice of Bond Sale or thereafter as the County may give notice through its Financial Advisor.
The Series 2006 Bonds are offered when, as and if issued and accepted by the Underwriter subject to the approval of legality by
Bryant Miller & Olive, Tallahassee, Florida, Bond Counsel. Certain other legal matters will be passed upon for the City by Pamela K.
Akin, Esquire, City Attorney, and by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Disclosure Counsel to the City. RBC Capital
Markets, St. Petersburg, Florida is serving as Financial Advisor to the City. It is expected that the Series 2006 Bonds, in definitive
book-entry form, will be available for delivery through DTC in New York, New York on or about August 23, 2006.
July ,2006
* Preliminary, subject to change.
CITY OF CLEARWATER, FLORIDA
ELECTED OFFICIALS
MAYOR
Frank Hibbard
CITY COUNCIL
Carlen A. Petersen (Vice-Mayor)
Bill Jonson
Hoyt Hamilton
John Doran
APPOINTED OFFICIALS
William B. Horne, II, City Manager
Pamela K. Akin, Esq., City Attorney
Margaret L. Simmons, CPA, Finance Director
BOND COUNSEL
Bryant Miller Olive
Tallahassee, Florida
FINANCIAL ADVISOR
RBC Capital Markets
St. Petersburg, Florida
REGISTRAR AND PAYING AGENT
U.S. Bank, National Association
Jacksonville, Florida
No dealer, broker, salesman or other person has been authorized to give any
information or to make any representations, other than those contained in this Official
Statement, in connection with the offering of the Series 2006 Bonds described herein,
and if given or made, such information or representations must not be relied upon as
having been authorized by the City or the Underwriter. This Official Statement does
not constitute an offer to sell the Series 2006 Bonds or a solicitation of an offer to buy
nor shall there be any sale of the Series 2006 Bonds by any person in any jurisdiction
in which it is unlawful for such person to make such offer, solicitation or sale. The
information set forth herein has been furnished by the City and by other sources which
are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and
is not to be construed as a representation or contract, by the Underwriter. The
information and expressions of opinion herein are subject to change without notice and
neither the delivery of the Official Statement nor any sale made hereunder shall, under
any circumstances, create any implication that there has been no change in the affairs
of the City since the date hereof.
IN CONNECTION WITH THE OFFERING, THE UNDERWRITER MAY OVER-
ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE
MARKET PRICE OF THE SERIES 2006 BONDS OFFERED HEREBY AT A LEVEL
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET.
SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
The Series 2006 Bonds have not been registered with the Securities and
Exchange City Council under the Securities Act of 1933, as amended, nor has
the Ordinance been qualified under the Trust Indenture Act of 1939, as
amended, in reliance upon exemptions contained in such acts. The
registration or qualification of the Series 2006 Bonds in accordance with
applicable provisions of the securities laws of the States, if any, in which the
Series 2006 Bonds have been registered or qualified and the exemption from
registration or qualification in certain other states cannot be regarded as a
recommendation thereof. Neither these States nor any of their agencies have
passed upon the merits of the Series 2006 Bonds or the accuracy or
completeness of this Official Statement. Any representation to the contrary
may be a criminal offense.
TABLE OF CONTENTS
Page
INTRODUCTORY STATEMENT ............1
THE 2006 PROJECT ..................................3
DESCRIPTION OF THE SERIES 2006
BONDS........................................................... 4
GeneraL.................................................... 4
Book-Entry Only System .....................5
SECURITY FOR THE SERIES 2006
BONDS...........................................................9
Series 2006 Bonds Not a Debt of the
City................................................... .11
Parity Bonds .........................................12
MUNICIPAL BOND INSURANCE....... 12
DEBT SERVICE REQUIREMENTS..... 13
SOURCES AND USES OF FUNDS......14
THE WATER AND SEWER SYSTEM .14
Water System .......................................14
Sewer System .......................................17
Future Water and Sewer Capital
Improvements................................. 19
RATES, FEES AND CHARGES.............20
FINANCIAL STATEMENTS ..................21
INVESTMENT POLICY OF THE CITY
........................................................................21
LITIGATION.............................................. 22
RATINGS..................................................... 22
TAX EXEMPTION ....................................22
Federal Income Tax Matters.............22
LEGAL OPINIONS ...................................26
ENFORCEABILITY OF REMEDIES ...26
FINANCIAL ADVISOR............................26
DISCLOSURE REQUIRED BY
FLORIDA BLUE SKY
REGULATIONS........................................27
ADVISORS AND CONSULTANTS.......27
CONTINUING DISCLOSURE ...............28
CERTIFICATE CONCERNING
OFFICIAL STATEMENT ........................28
MISCELLANEOUS...................................29
Appendices
Appendix A General Description of the
City and Selected Statistics
Appendix B Excerpts from the City's
Comprehensive Annual
Financial Report for the
Fiscal Year Ended
September 30, 2005
Appendix C Form of Ordinance 6915-01
and Resolution 06-37
Appendix D Form of Continuing
Disclosure Agreement
Appendix E Form of Bond Counsel
Opinion
Appendix F Form of Municipal Bond
Insurance Policy
Appendix G Schedule of Rates, Fees and
Charges
OFFICIAL STATEMENT
$ [Amount] *
CITY OF CLEARWATER, FLORIDA
WATER AND SEWER REVENUE BONDS, SERIES 2006
INTRODUCTORY STATEMENT
The purpose of this Official Statement, which includes the cover page, the
Summary Statement and the Appendices, is to provide information concerning the City
of Clearwater, Florida (the "City") and the City's $ [Amount] * Water and Sewer
Revenue Bonds, Series 2006 (the "Series 2006 Bonds").
The Series 2006 Bonds are being issued for the purpose of paying the costs of the
design, acquisition, construction or reconstruction of capital improvements to the
System undertaken by the City from time to time, a portion of which are designated by
the City to be paid from the proceeds of the Series 2006 Bonds (the "Series 2006
Project"), paying the cost of issuing the Series 2006 Bonds, including any municipal
bond insurance, and funding a debt service reserve fund. The lien of the Series 2006
Bonds on the Net Revenues is on a parity with the holders of the City's Outstanding
Water and Sewer Revenue Bonds, Series 1998, the City's Water and Sewer Revenue
Bonds, Series 2002 and the City's Water and Sewer Revenue Refunding Bonds, Series
2003 (collectively, the "Parity Bonds"), as further described herein. The scheduled
payment of principal of and interest on the Series 2006 Bonds when due will be
guaranteed under an insurance policy to be issued concurrently with the delivery of the
Series 2006 Bonds by [Insurer Name], as described herein. For a discussion of the
terms and provisions of such policy, including the limitations thereof, see
"MUNICIPAL BOND INSURANCE" herein.
The Series 2006 Bonds will be issued pursuant to the authority of and in full
compliance with (a) the charter of the City, (b) the Constitution and the laws of the
State of Florida, particularly Chapter 166, Part II, Florida Statutes, and other
applicable provisions oflaw, and (c) Ordinance No. 3674-84 enacted by the Issuer on
August 2, 1984, as amended and supplemented in Ordinance 6915-01, enacted
November 15, 2001 (collectively, the "Ordinance") and as further supplemented by
Resolution 06-37, adopted by the City on [ ] (the "Series 2006 Resolution").
* Preliminary, subject to change.
1
Neither the Series 2006 Bonds nor the interest thereon constitute a general
obligation or indebtedness of the City within the meaning of any constitutional,
statutory or charter provision or limitation. No owner or owners of any Series 2006
Bonds shall ever have the right to compel the exercise of the ad valorem taxing power
of the City, or any other taxing power in any form on any real or personal property of
the City, to pay the Series 2006 Bonds or the interest thereon. The City shall not be
obligated to pay the Series 2006 Bonds or any interest thereon except from the Net
Revenues, in the manner provided in the Ordinance.
A Reserve Account has been established for the benefit of the Series 2006 Bonds
and the outstanding Parity Bonds (as herein defined). Upon issuance of the Series
2006 Bonds, the Reserve Account will be funded in an amount equal to the Reserve
Account Requirement for Series 2006 Bonds and the Outstanding Parity Bonds.
The City covenants in the Ordinance to fix, establish and maintain such rates,
and collect such fees, rentals and other charges for the services and facilities of the
System (as herein defined) and revise the same from time to time whenever necessary
as will always provide Gross Revenues in each Fiscal Year sufficient to pay (i) the Cost
of Operation and Maintenance of the System in such Fiscal Year, (ii) 115% of the Bond
Service Requirement for such Fiscal Year on the Outstanding Series 2006 Bonds and
on all Outstanding Additional Bonds and Parity Bonds, plus (iii) 100% of all reserve
and other payments required to be made pursuant to the Ordinance.
The City may issue Additional Bonds, payable on a parity from the Net
Revenues with the Series 2006 Bonds and the Parity Bonds, for the purpose of
refunding a part of the Outstanding Bonds, or financing the cost of extensions,
additions and improvements to the System and for the acquisition and construction of,
and extensions and improvements to, sewer andlor water systems which are to be
consolidated with the System and operated as a single combined utility, provided that,
among other requirements, certain earnings tests relating historical Net Revenues to
the Maximum Bond Service Requirement of all Bonds outstanding after the issuance of
such Additional Bonds can be met. Such historical Net Revenues may be adjusted by
the Consulting Engineer as provided in the Ordinance.
Definitions of certain words and terms having initial capitals used herein and in
the Ordinance are contained in the "Conformed Copy of the Ordinance and
Amendatory Ordinance" in Appendix C hereto.
The references, excerpts and summaries of all documents referred to herein do
not purport to be complete statements of the provisions of such documents, and
reference is directed to all such documents for full and complete statements of all
matters of fact relating to the Series 2006 Bonds, the security for the payment of the
Series 2006 Bonds, and the rights and obligations of holders thereof. The information
2
contained in this Official Statement involving matters of opinion or of estimates,
whether or not so expressly stated, are set forth as such and not as representations of
fact, and no representation is made that any of the estimates will be realized. Neither
this Official Statement nor any statement which may have been made verbally or in
writing is to be construed as a contract with the holders of the Series 2006 Bonds.
THE 2006 PROJECT
The principal portion of the proceeds of the Series 2006 Bonds will be applied to
the payment of approximately $24,785,000 of capital improvements to the System. The
improvements are a continuation of those projected by Burton & Associates,
Jacksonville, Florida (the "Rate Consultant") which conducted a rate study in 2001 (the
"Rate Study"), consisting of a revenue sufficiency analysis for the period FY 2001
through FY 2006 (the "Forecast Period") to determine the projected costs of capital
improvements to the System and to determine the adequacy of then-current rates to
fund the System's projected costs during the Forecast Period. The Rate Study
identified a need for approximately $158 million in capital projects for the System for
fiscal years 2001 through 2006 to be funded with approximately $5.5 million of
available operating revenues after funding debt service, $22.4 million of Renewal and
Replacement Fund revenue and $130.1 million of revenue bond proceeds. Proceeds of
the Series 2002 Bonds funded approximately $54 million of these capital projects. For
the five years from 2001 through 2006, including the 2006 Project, the primary
objectives of the capital improvement program have been expansion of the reclaimed
water program, continued renewal and replacement as needed of the water,
wastewater collection and water pollution control systems and upgrading the water
pollution control system to meet regulatory requirements. (See also, "SECURITY FOR
THE SERIES 2006 BONDS - Parity Bonds").
3
DESCRIPTION OF THE SERIES 2006 BONDS
General
The Series 2006 Bonds will be dated [Dated Date]. The Series 2006 Bonds will
bear interest at the rates and mature on December 1 in the amounts and at the times
set forth on the cover page of this Official Statement. The Series 2006 Bonds are to be
issued as fully registered bonds in denominations of $5,000 or integral multiples
thereof. Interest on the Series 2006 Bonds will be payable on December 1, 2006 and
semiannually thereafter on June 1 and December 1 of each year, by check or draft
mailed to the registered owners, at their addresses as they appear on the registration
books of the City maintained by the Bond Registrar, as of the 15th day (whether or not
a business day) of the month preceding the interest payment date (the "Record Date").
Owners of $1,000,000 or more in aggregate principal amount of Series 2006 Bonds may
receive interest by wire transfer, at the Owner's expense, to a bank account designated
in writing by the Owner not later than the Record Date. Principal of, and premium if
any, are payable at maturity, or upon redemption prior to maturity, upon presentation
and surrender thereof at the corporate trust office of the Paying Agent. U.S. Bank,
National Association, Jacksonville, Florida, is acting as Paying Agent and Bond
Registrar for the Series 2006 Bonds.
The Series 2006 Bonds will be initially issued in the form of a single fully
registered Bond for each maturity of the Series 2006 Bonds. Upon initial issuance, the
ownership of each such Series 2006 Bonds will be registered in the registration books
kept by the Bond Registrar, in the name of Cede & Co., as nominee of The Depository
Trust Company, New York, New York ("DTC"). While held in book-entry form, all
payments of principal, interest and premium, ifany, on the Series 2006 Bonds
will be made to DTC or the DTC Nominee as the sole registered owner of the
Series 2006 Bonds and payments to Beneficial Owners will be the
responsibility of DTC and the DTC Participants as described below. See
"Book-Entry Only System."
Redemption of Series 2006 Bonds
Mandatory Sinking Fund Redemption
The Series 2006 Bonds maturing on December 1, 20_ will be subject to
mandatory redemption prior to maturity, selected by lot, or in such manner as the
Registrar may deem appropriate, at a redemption price equal to par plus accrued
4
interest to the redemption date, on December 1, 20_, and each December 1
thereafter, from amounts deposited in the Redemption Account in the Bond Service
Fund established by the Ordinance, in the following years and amounts as follows:
Year
Amount
Optional Redemption Provisions
The Series 2006 Bonds maturing on December 1, 2016 and thereafter will be
subject to optional redemption prior to their respective maturity dates beginning on
December 1,2015 at 100% of the par value thereof.
Book-Entry Only System
The Series 2006 Bonds will be available in book-entry form only, in
denominations of $5,000 or any integral multiple thereof. Purchasers of the Series
2006 Bonds will not receive certificates representing their interests in the Series 2006
Bonds purchased. The Underwriter is to confirm original issuance purchases with
statements containing certain terms of the Series 2006 Bonds purchased.
The following information regarding The Depository Trust Company, New York,
New York ("DTC") and the book-entry only system of registration has been obtained by
the City from DTC. No representation is made by the City as to its accuracy or
correctness.
The Depository Trust Company ("DTC"), New York, New York, will act as
securities depository for the Series 2006 Bonds. The Series 2006 Bonds will be issued
as fully-registered securities registered in the name of Cede & Co. (DTC's partnership
nominee) or such other name as may be requested by an authorized representative of
DTC. One fully-registered Series 2006 Bond will be issued for each maturity of the
Series 2006 Bonds, as set forth on the inside cover page hereof, and will be deposited
with DTC.
DTC, the world's largest depository, is a limited-purpose trust company
organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a
5
"clearing corporation" within the meaning of the New York Uniform Commercial Code,
and a "clearing agency" registered pursuant to the provisions of Section 17 A of the
Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2
million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues,
and money market instruments from over 85 countries that DTC's participants ("Direct
Participants") deposit with DTC. DTC also facilities the post-trade settlement among
Direct Participants of sales and other securities transactions in deposited securities,
through electronic computerized book-entry transfers and pledges between Direct
Participants' accounts. This eliminates the need for physical movement of securities
certificates. Direct Participants include both U.S. and non- U.S. securities brokers and
dealers, banks, trust companies, clearing corporations, and certain other organizations.
DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation
("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and
Members of the National Securities Clearing Corporation, Government Securities
Clearing Corporation, MBS Clearing Corporation, and Emerging Markets Clearing
Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries of DTCC), as well
as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the
National Association of Securities Dealers, Inc. Access to the DTC system is also
available to others such as both U.S. and non-U.S. securities brokers and dealers,
banks, trust companies, and clearing corporations that clear through or maintain a
custodial relationship with a Direct Participant, either directly or indirectly ("Indirect
Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC Rules
applicable to its Participants area on file with the Securities and Exchange
Commission. More information about DTC can be found at www.dtcc.com.
So long as the book-entry only system is in effect, beneficial interests in the
Series 2006 Bonds will be available in book-entry form only, in the principal amount of
$5,000 or any integral multiple thereof. Purchasers of beneficial interests in the Series
2006 Bonds will not receive certificates representing their beneficial interests in the
Series 2006 Bonds purchased. Each Underwriter is to confirm original issuance
purchases of beneficial interests with statements containing certain terms of the Series
2006 Bonds in which such beneficial interests are purchased.
Purchases of Series 2006 Bonds under the DTC system must be made by or
through Direct Participants, which will receive a credit for the Series 2006 Bonds on
DTC's records. The ownership interest of each actual purchaser of each Series 2006
Bonds ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect
Participants' records. Beneficial Owners will not receive written confirmation from
DTC of their purchase. Beneficial Owners are, however, expected to receive written
confirmations providing details of the transaction, as well as periodic statements of
their holdings, from the Direct or Indirect Participant through which the Beneficial
Owner entered into the transaction. Transfers of ownership interests in the Series
2006 Bonds are to be accomplished by entries made on the books of Direct and Indirect
6
Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive
certificates representing their ownership interests in Series 2006 Bonds, except in the
event that use of the book-entry system for the Series 2006 Bonds is discontinued.
To facilitate subsequent transfers, all Series 2006 Bonds deposited by Direct
Participants with DTC are registered in the name ofDTC's partnership nominee, Cede
& Co., or such other name as may be requested by an authorized representative of
DTC. The deposit of Series 2006 Bonds with DTC and their registration in the name of
Cede & Co. or such other DTC nominee do not effect any change in beneficial
ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2006
Bonds; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Series 2006 Bonds are credited, which mayor may not be the Beneficial
Owners. The Direct and Indirect Participants will remain responsible for keeping
account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants,
by Direct Participants to Indirect Participants, and by Direct Participants and Indirect
Participants to Beneficial Owners will be governed by arrangements among them,
subject to any statutory or regulatory requirements as may be in effect from time to
time.
The Paying Agent will make payments of principal of, premium, if any, and
interest on the Series 2006 Bonds to DTC or such other nominee, as may be requested
by an authorized representative or DTC, as registered owner of the Series 2006 Bonds.
DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds
and corresponding detail information from the City and the Paying Agent, on payable
date in accordance with their respective holdings shown on DTC's records. Payments
by Participants to Beneficial Owners will be governed by standing instructions and
customary practices, as is the case with securities held for the accounts of customers in
bearer form or registered in "street name," and will be the responsibility of such
Participant and not of DTC nor its nominee, the Paying Agent subject to any statutory
or regulatory requirements as may be in effect from time to time. Payment of
redemption proceeds, distributions, and dividend payments to Cede & Co. (or such
other nominee as may be requested by an authorized representative of DTC) is the
responsibility of the City or the Paying Agent, disbursement of such payments to Direct
Participants will be the responsibility of DTC, and disbursement of such payments to
the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
The City and the Paying Agent will send redemption notices to DTC. If less
than all of the Series 2006 Bonds within an issue are being redeemed, DTC's practice is
to determine by lot the amount of interest of each Direct Participant in such issue to be
redeemed.
7
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote
with respect to Series 2006 Bonds unless authorized by a Direct Participant in
accordance with DTC's Procedures. Under its usual procedures, DTC mails an
Omnibus Proxy to the City as soon as possible after the record date. The Omnibus
Proxy assigns Cede & Coo's consenting or voting rights to those Direct Participants to
whose accounts Series 2006 Bonds are credited on the record date (identified in a
listing attached to the Omnibus Proxy).
THE CITY AND THE PAYING AGENT WILL HAVE NO RESPONSIBILITY
OR OBLIGATION TO THE BENEFICIAL OWNERS, DTC PARTICIPANTS OR THE
PERSONS FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT
TO THE SERIES 2006 BONDS FOR THE ACCURACY OF RECORDS OF DTC, CEDE
& CO. OR ANY DTC PARTICIPANT WITH RESPECT TO THE SERIES 2006 BONDS
OR THE PROVIDING OF NOTICE OR PAYMENT OF PRINCIPAL, OR INTEREST,
OR ANY PREMIUM ON THE SERIES 2006 BONDS, TO DTC PARTICIPANTS OR
BENEFICIAL OWNERS, OR THE SELECTION OF SERIES 2006 BONDS FOR
REDEMPTION.
The City and the Paying Agent cannot give any assurances that DTC, DTC
Participants or others will distribute payments of principal of, premium, if any, and
interest on the Series 2006 Bonds paid to DTC or its nominee, or any redemption or
other notices, to the Beneficial Owners, or that they will do so on a timely basis or that
DTC will serve or act in a manner described in this Official Statement.
For every transfer and exchange of beneficial interests in the Series 2006 Bonds,
the Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other
government charge that may be imposed in relation thereto.
DTC may determine to discontinue providing its services with respect to the
Series 2006 Bonds at any time by giving notice to the City and the Paying Agent and
discharging its responsibilities with respect thereto under applicable law. Under such
circumstances, in the event that a successor depository is not obtained, Series 2006
Bonds are required to be printed and delivered. In addition, the City may determine to
discontinue the use of book-entry transfers through DTC (or any successor securities
depository). Under such circumstances, certificated Series 2006 Bonds are required to
be delivered as described below.
In the event that the book-entry only system is discontinued, the following
provisions will govern the transfer and exchange of Series 2006 Bonds. The Series
2006 Bonds will be exchanged for an equal aggregate principal amount of
corresponding bonds in other authorized denominations and of the same series and
maturity, upon surrender thereof at the principal corporate trust office of the Bond
Registrar. The transfer of any Series 2006 Bonds will be registered on the books
8
maintained by the Bond Registrar for such purpose only upon the surrender thereof to
the Bond Registrar with a duly executed written instrument of transfer in form and
with guaranty of signatures satisfactory to the Bond Registrar, containing written
instructions as to the details of transfer of such Series 2006 Bonds, along with the
social security number or federal employer identification number of such transferee.
The City and the Bond Registrar may charge the registered owners a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer after
the first such exchange or transfer following the delivery of the Series 2006 Bonds. The
Bond Registrar or the City may also require payment from the registered owners or
their transferees, as the case may be, of a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto. Such charges and
expenses shall be paid before any such new Series 2006 Bonds shall be delivered.
Neither the City nor the Bond Registrar shall be required to register the transfer or
exchange of any Series 2006 Bonds during the period commencing on the fifteenth day
(whether or not a business day) of the month next preceding an interest payment date
and ending on such interest payment date or, in the case of any proposed redemption of
a Series 2006 Bonds, after such Series 2006 Bonds or any portion thereof has been
selected for redemption.
SECURITY FOR THE SERIES 2006 BONDS
Net Revenues. The principal of and premium, if any, and interest on the Series
2006 Bonds are payable solely from and secured by an irrevocable first lien upon and
pledge of the Net Revenues (as hereinafter defined) derived and collected by the City
from the operation of the water and sewer system of the City (the "System"), on a
parity with the Parity Bonds. "Net Revenues" are defined by the Ordinance to include
all income or earnings, including any income from the investment of funds, derived by
the City from the operation of the System after deduction of current expenses, either
paid or accrued, for the operation, maintenance and repair of the System, but not
including reserves for renewals and replacements, for extraordinary repairs or any
allowance for depreciation.
The Series 2006 Bonds do not constitute a general indebtedness of the City
within the meaning of any constitutional, statutory or charter provision or limitation.
The principal of and interest on the Series 2006 Bonds and all required reserve and
other payments shall be made solely from the Net Revenues. The City shall never be
required to levy ad valorem taxes on any property therein to pay the principal of and
interest on the Series 2006 Bonds or to make any of the required debt service, reserve
or other payments, and any failure to pay the Series 2006 Bonds shall not give rise to a
lien upon any property of or in the City, except the Net Revenues.
9
Rate Covenant. In the Ordinance, the City has covenanted to fix, establish
and maintain such rates and collect such fees, rentals and other charges for the
services and facilities of the System and revise the same from time to time whenever
necessary, as will always provide Gross Revenues in each Fiscal Year sufficient to pay
the Cost of Operation and Maintenance of the System in such Fiscal Year, one hundred
fifteen per centum (115%) of the Bond Service Requirement becoming due in such
Fiscal Year on the Outstanding Parity Bonds, on the outstanding Bonds and on all
outstanding Additional Bonds, plus one hundred per centum (100%) of all reserve and
other payments required to be made pursuant to this Ordinance and the Original
Ordinance. Such rates, fees, rentals and other charges shall not be reduced so as to be
insufficient to provide Gross Revenues for such purposes.
Reserve Account. The Ordinance creates a Reserve Account in a sum equal
to and sufficient to pay the Maximum Bond Service Requirement on all outstanding
Bonds becoming due in any ensuing Fiscal Year. The Reserve Account will be fully
funded after the issuance of the Series 2006 Bonds. No further payments will be
required to be made into such Reserve Account as long as there shall remain on deposit
therein a sum equal to the Maximum Bond Service Requirement on all outstanding
Bonds becoming due in any ensuing Fiscal Year.
Moneys in the Reserve Account shall be used only for the purpose of payment of
maturing principal of or interest on the Bonds when the moneys in the Sinking Fund
are insufficient therefor. Interest earnings on funds held in the Reserve Account will
be transferred to the Revenue Fund. In lieu of or in substitution for all or any part of
the required deposits to the Reserve Account, the City may provide for the deposit of a
surety bond or insurance policy from a reputable insurer in accordance with the
provisions of the Ordinance.
Any withdrawals from the Reserve Account will be subsequently restored from
the first moneys available in the Revenue Fund after all required current payments
into the Sinking Fund and into the Reserve Account, including all deficiencies for prior
payments, have been made in full.
Additional Bonds. Additional Bonds, payable on a parity from the Net
Revenues with the Series 2006 Bonds and the Parity Bonds, may be issued for the
purposes of refunding a part of the outstanding Bonds or financing the cost of
extensions, additions and improvements to the System and for the acquisition and
construction of, and extensions, additions and improvements to, sewer and/or water
systems which are to be consolidated with the System and operated as a single
combined utility. Additional Bonds, other than for refunding purposes, will be issued
only upon compliance with all of the conditions set forth in the Ordinance, including
the following:
10
(1) There shall have been obtained and filed with the Clerk a certificate of the
Finance Director stating: (a) that the books and records of the City relative to the
System have been audited by qualified and recognized firm of independent certified
public accountants; (b) based on such audited financial statement, that the amount of
the adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of
the proposed Additional Bonds or for any twelve (12) consecutive months during the
eighteen (18) months immediately preceding the date of issuance of the Additional
Bonds with respect to which such certificate is made, adjusted as herein below
provided; and (c) based on such audited financial statement, that the aggregate amount
of such Net Revenues, as adjusted, for the period for which such Net Revenues are
being certified is equal to not less than 120% of the Maximum Bond Service
Requirement becoming due in any Fiscal Year thereafter on (i) all Parity Bonds and
the Bonds issued under the Ordinance, if any, then Outstanding, and (ii) on the
Additional Bonds with respect to which such certificate is made.
(2) Upon recommendation of the Consulting Engineers, the Net Revenues
certified pursuant to (b) in the previous paragraph may be adjusted by including: (a)
100% of the additional Net Revenues which in the opinion of the Consulting Engineer
would have been derived by the City from rate increases adopted before the Additional
Bonds are issued, if such rate increases had been implemented before the
commencement of the period for which such Net Revenues are being certified, and (b)
100% of the additional Net Revenues estimated by the Consulting Engineer to be
derived during the first full twelve month period after the facilities of the System are
extended, enlarged, improved or added to with the proceeds of the Additional Bonds
with respect to which such certificate is made. The adjustments described in (b) of this
paragraph may only be made if the Net Revenues as adjusted under (a) of the prior
paragraph for the period for which such Net Revenues are being certified equals at
least 1.00 times the Maximum Bond Service Requirement becoming due in any Fiscal
Year thereafter on (i) all Bonds then outstanding; and (ii) on the Additional Bonds with
respect to which such certificate is made.
See Appendix C, "Conformed Copy of the Ordinance and Amendatory
Ordinance." See also "Parity Bonds" below under this principal caption.
Series 2006 Bonds Not a Debt of the City
The Series 2006 Bonds shall not constitute a general obligation or
indebtedness of the City within the meaning of any constitutional, statutory
or charter provision or limitation, and no Bondholder shall ever have the
right to compel the exercise of the ad valorem taxing power of the City or
taxation in any form of real or personal property therein for the payment of
11
the principal of and interest on the Series 2006 Bonds or to compel the City to
pay such principal and interest from any other funds of the City except the
Net Revenues. The Series 2006 Bonds shall not constitute a lien upon any
property of or in the City, but shall constitute a lien only on the Net Revenues
all in the manner provided in the Ordinance.
Parity Bonds
As of September 30, 2005, there are Outstanding under the Ordinance,
$59,750,000 Compound Accreted Value of the City's Water and Sewer Revenue Bonds,
Series 1998 (the "Series 1998 Bonds"), $56,790,000 of the City's Water and Sewer
Revenue Bonds, Series 2002 (the "Series 2002 Bonds") and $8,410,000 of the City's
Water and Sewer Revenue Refunding Bonds, Series 2003 (the "Series 2003 Bonds").
The Series 1998 Bonds the Series 2002 Bonds and the Series 2003 Bonds rank on a
parity with the Series 2006 Bonds as to the lien and pledge of the Net Revenues and
hereinafter referred to collectively as the "Parity Bonds"). It is anticipated that the
City will continue to issue Parity Bonds from time to time to finance additions,
expansions and improvements to the System.
MUNICIPAL BOND INSURANCE
Bond Insurance Policy
[TO COME]
12
Fiscal Year
Ending
September 30
DEBT SERVICE REQUIREMENTS
Paritv Bonds
2007 $ 9,787,631.26
2008 9,711,781.26
2009 9,783,206.26
2010 9,760,162.51
2011 9,756,426.26
2012 9,799,551.26
2013 9,790,158.76
2014 9,752,268.76
2015 9,714,426.26
2016 9,766,092.51
2017 9,771,818.76
2018 9,771,316.26
2019 9,735,575.63
2020 3,695,035.00
2021 3,698,692.50
2022 3,700,956.25
2023 3,706,000.00
2024 3,709,125.00
2025 3,716,250.00
2026 3,722,000.00
2027 3,726,125.00
2028 3,733,250.00
2029 3,742,875.00
2030 3,754,500.00
2031 3,762,750.00
2032 3,772,250.00
2033 3,787,375.00
Totals
$ 179,127,599.50
Principal
Series 2006 Bonds
Interest Total
13
Aggregate
Total
SOURCES AND USES OF FUNDS
SOURCES
Principal Amount of Series 2006 Bonds
Total Sources
USES
Deposit to Construction Fund
Deposit to Interest Account
Costs of Issuance including Underwriter's
Discount and Bond Insurance Premium
Total Uses
THE WATER AND SEWER SYSTEM
Water System
Water supply for the area served by the System is currently derived from
existing City wellfields and by the purchase of water from Pinellas County. The City
has a bulk water purchase agreement with Pinellas County that supplies up to 80
percent of the service area's water needs on an as needed basis. The City currently has
eighteen (18) production wells scattered throughout the service area, each equipped
with automatic control systems. The City water system and the Pinellas County water
system are interconnected at seven (7) locations.
Under the City's contract with Pinellas County, Pinellas County agrees to supply
the City with sufficient water for the designated service area, based on a formula set
forth therein, and the City agrees to purchase a minimum of 1,460,000,000 gallons of
water from Pinellas County within each calendar year. The current contract rate is
approximately $2.52 per thousand gallons. The rate is set by the Board of County
Council Members and is based on a prorated share of revenue cost requirements of the
Pinellas County water system including production and transmission costs required for
14
the supply of water to the Pinellas County water users. Pinellas County obtains
approximately 70 million gallons per day or 100% of its water supply from Tampa Bay
Water, a Regional Water Supply Authority ("Tampa Bay Water") (the successor to West
Coast Regional Water Supply Authority). It is entitled under contract to obtain 100% of
its water needs per day from Tampa Bay Water. The City currently acquires
approximately 10.5 to 11.0 million gallons per day from Pinellas County.
The City's water distribution system consists of approximately 588 miles of
water mains ranging up to 20 inches in diameter. The distribution system contains
numerous interconnections between piping, making larger size mains unnecessary for
existing flow conditions. City water storage within the distribution system consists of a
series of ground-level water storage pumping systems and elevated tank water storage.
The City currently has four 5-million gallon ground-level water storage reservoirs and
two I-million gallon elevated water storage tanks. The City's elevated storage tanks
are all steel vessels designed to ride on the distribution system. They provide
immediate response to pressure and flow demands in the local areas.
Raw water within the City of Clearwater has historically been of adequate
quality to meet minimum regulatory requirements and has received treatment only in
the form of disinfection via chlorination with a limited amount of aeration for sulfide
control. Additional treatment has been added in the form of corrosion control
(polyphosphate). This type of treatment to date has been compatible with the quality of
bulk water purchased from the County. Continual use of the City's wells has led to
increasing mineralization of the City supply, but there has been no danger to public
health.
The following chart shows the average daily water flow on an annualized
basis over the past five years:
Source and Volume of Water Pumped
(in million gallons per day, averaged over the Fiscal Year)
FY City Wells County Total
2001 3.067 11.260 14.327
2002 2.258 11. 739 13.997
2003 3.927 8.916 12.843
2004 3.601 9.544 13.145
2005 3.550 10.630 14.180
The table below illustrates the growth in number of customers over the past five
years.
15
Historical Growth in Number of Water Customers
(all figures are as of September of the year indicated)
Year Water
Customers
2000 39,562
2001 40,167
2002 40,340
2003 40,227
2004 40,235
2005 40,178
The ten largest water customers and their 2005 water use including water
revenues received are shown in the table below:
Ten Largest Water Customers
Fiscal Year Ending September 30, 2005
Name of User
Water Used
(in 100 Cubic Feet)
1. Church of Scientology FSO Inc.
2 Morton Plant Hospital
3. Pinellas County Schools
4. Clearwater Housing Authority
5. Sheraton Sand Key
6. City of Clearwater
7. United Dominion Realty Trust
8. Kings Savannah Trace
9. AGH Leasing LIP
10.Ultimar Condo Association
Total
108,533
80,889
48,091
47,405
40,303
18,830
40,137
31,610
34,227
25,829
475,854
Source: City of Clearwater
16
Revenues
Prod uced
$ 364,127
309,050
282,809
160,574
129,972
126,257
120,352
104,176
100,241
95,347
$1,792,905
Sewer System
The City's sanitary sewage collection system is composed of slightly more than
321 miles of connector mains, utilizing 79 lift stations. Three treatment plants with a
combined design capacity of 28.5 mgd (million gallons per day) are on line and
operational. These three plants are the Marshall Street Facility, the Northeast
Facility and the East Facility.
The wastewater pollution control plants, Marshall Street, constructed in the
1950's, East, constructed in the 1960's and Northeast, constructed in the 1970's, have
been expanded several times to their current design capacities of ten million, five
million and thirteen and one- half million gallons per day respectively. All three plants
utilize Advanced Wastewater Treatment processes. Their current systems include
nitrogen and phosphorous removal, anaerobic digestion, sludge thickening and provide
highly treated reclaimed water for private, commercial and municipal use. The
Marshall Street and Northeast plants also provide for sludge dewatering.
The Northeast Biosolids Management Facility was constructed in 1994. It is
designed to process thirty-three dry tons per day of sludge that meets EPA and Florida
Department of Environmental Protection sludge criteria.
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The following chart shows the average daily sewage flow on an annualized basis
over the past five years:
Fiscal Year
2001
2002
2003
2004
2005
Average Sewage Flow
Annual Avg. Daily Flow
In MGD
14.4
14.3
16.2
15.0
14.7
The following table illustrates the growth in number of customers over the past
five years.
Historical Growth in Number of Sewer Customers*
Year
Sewer
Customers
2001
2002
2003
2004
2005
32,933
33,215
33,215
33,234
33,305
* All figures are as of September 30 of the year indicated.
The ten largest sewer customers and their 2005 water use including sewer
revenues received are shown in the table below:
18
Ten Largest Sewer Customers
Fiscal Year Ending September 30, 2005
Name of User
Sewer Used
(in 100 Cubic Feet)
1. Morton Plant Hospital
2. Church of Scientology
3. Pinellas County Schools
4. United Dominion Realty Trust
5. Clearwater Housing Authority
6. AGH Leasing LIP
7. Sheraton Sand Key
8. King's Savannah Trace
9. Lake Starcrest
10. City of Clearwater
Total
78,884
90,098
43,139
40,137
40,993
34,227
33,295
31,610
21,529
8,691
463,188
Source: City of Clearwater
Future Water and Sewer Capital Improvements
Revenues
Prod uced
$ 348,768
343,993
304,165
154,550
148,411
128,720
123,925
114,404
77,856
76,376
$1,821,168
The FY 2006 Water and Wastewater Utility Rate Study, dated June 23, 2006,
undertaken by Burton & Associates, the City's utility rate consultant, forecasts a
capital improvement program for the System over the ten year period from 2006
through 2016 in the amount of approximately $378.2 million. Of this amount, it is
anticipated that the City will incur long-term revenue bond financing for
approximately $144.6 million, including the 2006 Bonds. The balance of the costs of
the capital improvement program are expected to be paid from impact fees, grant
funding, renewal and replacement and from unexpended amounts on deposit in the
Revenue Fund after payment of debt service on Bonds.
19
RATES, FEES AND CHARGES
Current Rates, Fees and Charges
The City establishes rates, fees and charges for use of the System by ordinance,
which are adopted in response to periodic rate studies conducted by Burton and
Associates, the City's utility rate consultant. As the result of a rate study conducted in
2001, the rate ordinance provided a series of 7% increases over a 5-year period
applicable to water and wastewater rates only, the last of which became effective
October 1, 2004. As the result of rate study conducted in 2004, the City enacted a rate
ordinance which establishes rates for the period from 2005 through 2009, including
rate increases of 6% per year for water and sewer customers and increased the existing
reclaimed water rates for 2006 by 29.44%,29.44% in 2007 and 6% per year thereafter
through 2009. A schedule of rates, fees and charges is attached hereto as Appendix [ ].
Debt Service Coverage By Historical Net Revenues
Fiscal Years Ended September 30
2001 2002 2003 2004 2005
Net Revenues
Available for Debt
Service (1) $12,149,447 $10,900,123 $10,632,729 $12,986,878 $14,135,278
Annual Debt Service 6,278,690 6,282,880 8,764,202 9,538,513 9,891,581
Coverage 1.94 1.73 1.21 1.36 1.43
(1) Revenues used in calculation include interest earnings and exclude extraordinary gain and contributed
revenues. Expenses used exclude depreciation (and similar non-cash expenses), amortization of bond discount and
issue costs, bond interest, sinking fund and reserve requirements and extraordinary loss.
Source: City of Clearwater.
Rate Study and Rate Increases
As a result of the Rate Study (see "FUTURE FINANCING OF THE WATER
AND SEWER SYSTEM" above), the City enacted Ordinance No. 6695-01 on March 1,
2001 (the "Rate Ordinance"), which increased water and sewer rates by 7% on each of
July 1, 2001, April 1, 2002, January 1, 2003 and October 1, 2004. Following the
enactment of the Rate Ordinance the information in the analysis contained in the Rate
Study was updated in a report dated July, 2001 (the Rate Study as so updated is herein
referred to as the "Rate Study"). The Rate Study concludes that:
20
"The analysis demonstrates that the 7% rate increases adopted by the
City through FY 2005 are sufficient to provide funding for all system
requirements. In addition, an increase of approximately 7.25% will be
required at the beginning of FY 2006 to fund expected costs during that
year."
FINANCIAL STATEMENTS
The combined financial statements and Water and Sewer enterprise fund
financial statements of the City at September 30, 2005 and for the Fiscal Year then
ended, appended hereto as Appendix B, have been excerpted from the financial
statements contained in the City's Comprehensive Annual Financial Reports for the
Fiscal Year ending September 30, 2005.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City
adopted a written investment policy which applies to all funds held by or for the benefit
of the City City Council (except for proceeds of bond issues which are deposited in
escrow and debt service funds and governed by their bond documents) and funds of
Constitutional Officers and other component units of the City.
The objectives of the investment policy, listed in order in order of importance,
are:
1. Safety of principal
2. Provision of sufficient liquidity
3. Optimization of return within the constraints of safety and liquidity
The investment policy limits the securities eligible for inclusion in the City's
portfolio. The City will attempt to maintain a weighted average maturity of its
investments at or below three years; however, the average maturity of investments
may not exceed four years.
To enhance safety, the investment policy requires the diversification of the
portfolio to reduce the risk of loss resulting from over-concentration of assets in a
specific class of security. The investment policy also requires the preparation of
21
periodic reports for the City Council of all outstanding securities by class or type, book
value, income earned and market value as of the report date.
Notwithstanding the foregoing, moneys held in the funds and accounts
established under the Ordinance may be invested only in Authorized Investments, as
described in the Ordinance.
LITIGATION
In the opmIOn of the City Attorney, no legal proceedings are pending or
threatened that materially affect the City's ability to perform its obligations to the
holders of the Series 2006 Bonds or that materially affect the Pledged Revenues.
In the opinion of the City Attorney, there is no litigation or controversy of any
nature now pending or, to the City's knowledge, threatened to restrain or enjoin the
issuance, sale, execution or delivery of the Series 2006 Bonds or in any way contesting
the validity of the Series 2006 Bonds or any proceedings of the City taken with respect
to the authorization, sale or issuance of the Series 2006 Bonds or the pledge or
application of any moneys provided for the payment of the Series 2006 Bonds.
RATINGS
Moody's Investors Service and Fitch Ratings have assigned ratings of" "and"
" respectively, to the Series 2006 Bonds without regard to the municipal bond
insurance policy. It is anticipated that Moody's Investors Service and Fitch Ratings
will assign ratings of "Aaa," and "AAA," respectively, to the Series 2006 Bonds, with
the understanding that, upon delivery of the Series 2006 Bonds, the municipal bond
insurance policy will be issued by [Insurer Name]. Such ratings reflect only the views
of such organizations and any desired explanation of the significance of such ratings
should be obtained from the respective rating agency. Generally, a rating agency bases
its rating on the information and materials furnished to it and on investigations,
studies and assumptions of its own. There is no assurance such ratings will continue
for any given period of time or that such ratings will not be revised downward or
withdrawn entirely by the rating agencies, if in the judgment of such rating agencies,
circumstances so warrant. Any such downward revision or withdrawal of such ratings
may have an adverse effect on the market price of the Series 2006 Bonds.
TAX EXEMPTION
Federal Income Tax Matters
22
The Internal Revenue Code of 1986, as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Bonds
in order that interest on the Bonds be and remain excluded from gross income for
purposes of federal income taxation. Noncompliance may cause interest on the Bonds
to be included in federal gross income retroactive to the date of issuance of the Bonds
regardless of the date on which such noncompliance occurs or is ascertained. These
requirements include, but are not limited to, provisions which prescribe yield and other
limits within which the proceeds of the Bonds and the other amounts are to be invested
and require that certain investment earnings on the foregoing must be rebated on a
periodic basis to the Treasury Department of the United States. The County has
covenanted in the Resolution to comply with such requirements in order to maintain
the exclusion from federal gross income of the interest on the Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned
covenants, under existing laws, regulations, judicial decisions and rulings, interest on
the Bonds is excluded from gross income of the holders thereof for purposes of federal
income taxation. Interest on the Bonds is not an item of tax preference for purposes of
the federal alternative minimum tax imposed on individuals or corporations; however,
interest on the Bonds may be subject to the alternative minimum tax when any Bond is
held by a corporation. The alternative minimum taxable income of a corporation must
be increased by 75% of the excess of such corporation's adjusted current earnings over
its alternative minimum taxable income (before this adjustment and the alternative
tax net operating loss deduction). "Adjusted Current Earnings" will include interest on
the Bonds.
Except as described above, Bond Counsel will express no opinion regarding the
federal income tax consequences resulting from the ownership of, receipt or accrual of
interest on, or disposition of Bonds. Prospective purchasers of Bonds should be aware
that the ownership of Bonds may result in collateral federal income tax consequences,
including (i) the denial of a deduction for interest on indebtedness incurred or
continued to purchase or carry Bonds, (ii) the reduction of the loss reserve deduction
for property and casualty insurance companies by 15% of certain items, including
interest on the Bonds, (iii) the inclusion of interest on the Bonds in earnings of certain
foreign corporations doing business in the United States for purposes of a branch
profits tax, (iv) the inclusion of interest on Bonds in passive income subject to federal
income taxation of certain S corporations with Subchapter C earnings and profits at
the close of the taxable year, and (v) the inclusion of interest on the Bonds in "modified
adjusted gross income" by recipients of certain Social Security and Railroad Retirement
benefits for purposes of determining whether such benefits are included in gross
income for federal income tax purposes.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE BONDS AND
THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE
23
ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND
CORPORATE REGISTERED OWNERS. PROSPECTIVE REGISTERED OWNERS
SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN
THAT REGARD.
During recent years legislative proposals have been introduced in Congress, and
in some cases enacted that altered certain federal tax consequences resulting from the
ownership of obligations that are similar to the Bonds. In some cases these proposals
have contained provisions that altered these consequences on a retroactive basis. Such
alteration of federal tax consequences may have affected the market value of
obligations similar to the Bonds. From time to time, legislative proposals are pending
which could have an effect on both the federal tax consequences resulting from
ownership of Bonds and their market value. No assurance can be given that legislative
proposals will not be introduced or enacted that would or might apply to, or have an
adverse effect upon, the Bonds.
Tax Treatment of Original Issue Discount
Under the Code, the difference between the maturity amount of the Series 2006
Bonds maturing in the years 2008 through and including and in (the "Discount
Bonds") and the initial offering price to the public, excluding bond houses, brokers or
similar persons or organizations acting in the capacity of underwriters or wholesalers,
at which price a substantial amount of Series 2006 Bonds of the same maturity was
sold is "original issue discount." Original issue discount will accrue over the term of
such Series 2006 Bonds at a constant interest rate compounded periodically. A
purchaser who acquires such Series 2006 Bonds in the initial offering at a price equal
to the initial offering price thereof to the public will be treated as receiving an amount
of interest excludable from gross income for federal income tax purposes equal to the
original issue discount accruing during the period he holds such Series 2006 Bonds,
and will increase his adjusted basis in such Series 2006 Bonds by the amount of such
accruing discount for purposes of determining taxable gain or loss on the sale or other
disposition of such Series 2006 Bonds. The federal income tax consequences of the
purchase, ownership and redemption, sale or other disposition of the Series 2006 Bonds
which are not purchased in the initial offering at the initial offering price may be
determined according to rules which differ from those above. Holders of such Series
2006 Bonds should consult their own tax advisors with respect to the precise
determination for federal income tax purposes of interest accrued upon sale,
redemption or other disposition of Series 2006 Bonds and with respect to the state and
local tax consequences of owning and disposing of such Series 2006 Bonds.
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Tax Treatment of Bond Premium
The difference between the principal amount of the Series 2006 Bonds maturing
in the years through and including (the "Premium Bonds") and the
initial offering price to the public (excluding bond houses, brokers or similar persons or
organizations acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of such Premium Bonds of the same maturity was sold constitutes
to an initial purchaser amortizable bond premium which is not deductible from gross
income for Federal income tax purposes. The amount of amortizable bond premium for
a taxable year is determined actuarially on a constant interest rate basis over the term
of each of the Premium Bonds which term ends on the earlier of the maturity or call
date for each of the Premium Bonds which minimizes the yield on said Bonds to the
purchaser. For purposes of determining gain or loss on the sale or other disposition of
a Premium Bond, an initial purchaser who acquires such obligation in the initial
offering to the public at the initial offering price is required to decrease such
purchaser's adjusted basis in such Premium Bond annually by the amount of
amortizable bond premium for the taxable year. The amortization of bond premium
may be taken into account as a reduction in the amount of tax-exempt income for
purposes of determining various other tax consequences of owning such Bonds.
Owners of the Premium Bonds are advised that they should consult with their own
advisors with respect to the state and local tax consequences of owning such Premium
Bonds.
Florida Tax Matters
On the date of delivery of the Bonds, Bond Counsel will issue an opinion to the
effect that under existing statutes, regulations and judicial decisions, the Bonds and
the income therefrom are exempt from intangible taxes imposed by Chapter 199,
Florida Statutes, as amended.
25
LEGAL OPINIONS
Legal matters incident to the authorization, issuance and sale of the Series 2006
Bonds are subject to the approval of Bryant Miller & Olive, Tallahassee, Florida, Bond
Counsel, whose approving opinion will be printed on the Series 2006 Bonds and will be
in substantially the form set forth in APPENDIX E. Certain other legal matters will be
passed upon for the City by Pamela K. Akin, Esquire, City Attorney and by Nabors,
Giblin & Nickerson, P.A., Tampa, Florida, Disclosure Counsel to the City.
ENFORCEABILITY OF REMEDIES
The remedies available to the Holders of the Series 2006 Bonds upon an Event of
Default under the Ordinance are in many respects dependent upon judicial actions
which are often subject to discretion and delay. Under existing constitutional and
statutory law and judicial decisions, the remedies specified by the Ordinance may not
be readily available or may be limited. The various legal opinions to be delivered
concurrently with the delivery of the Series 2006 Bonds will be qualified, as to the
enforceability of the various legal instruments, by limitations imposed by bankruptcy,
reorganization, insolvency or other similar laws affecting the rights of creditors enacted
before or after such delivery. The remedies granted to the Bondholders under the
Ordinance do not include the power to accelerate the principal of the Series 2006
Bonds.
FINANCIAL ADVISOR
RBC Dain Rauscher Inc., operating under the trade name of RBC Capital
Markets, has served as independent financial advisor to the City with respect to the
issuance and sale of the Series 2006 Bonds. The Financial Advisor assisted in the
preparation of this Official Statement and in other matters relating to the planning,
structuring and issuance of the Series 2006 Bonds. RBC Capital Markets did not
engage in any underwriting activities with regard to the issuance and sale of the Series
2006 Bonds. The Financial Advisor is not obligated to undertake and has not
undertaken to make an independent verification or to assume responsibility for the
accuracy, completeness or fairness of the information contained in this Official
Statement and is not obligated to review or ensure compliance with the undertaking by
the City to provide continuing secondary market disclosure. RBC Capital Markets may
assist the City in bidding certain investments on behalf of the City which may result in
additional fees being paid to RBC Capital Markets
26
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Section 517.051, Florida Statutes, as amended, and the regulations promulgated
thereunder (the "Disclosure Act") require that the City make a full and fair disclosure
of any bonds or other debt obligations that it has issued or guaranteed and that are or
have been in default as to principal or interest at any time after December 31, 1975
(including bonds or other debt obligations for which it has served only as a conduit
issuer such as industrial development or private activity bonds issued on behalf of
private businesses). The City is not and has not since December 31, 1975 been in
default as to principal and interest on its bonds or other debt obligations (see, however,
disclosure which is being made in the next paragraph related to conduit indebtedness).
The City hereby makes the following disclosure regarding a default on an issue
of industrial development bonds not related to any direct indebtedness of the City, as it
is aware of a prior default in 1990 with respect to an issue of industrial revenue bonds
for which the City served only as a conduit issuer. The City was not liable to pay the
principal of or interest on such bonds except from payments made to it by the private
company on whose behalf such bonds were issued and no funds of the City were used to
pay such bonds or the interest thereon. Although the City is not aware of any other
defaults with respect to bonds or other debt obligations as to which it has served only
as a conduit issuer, it has not undertaken an independent review or investigation of
such bonds or other debt obligations.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance
of the Series 2006 Bonds. These advisors and consultants are compensated from a
portion of the proceeds of the Series 2006 Bonds, identified as "Costs of Issuance"
under the heading "ESTIMATED SOURCES AND USES OF FUNDS" herein; and such
compensation, is, in some instances, contingent upon the issuance of the Bonds and the
receipt of the proceeds thereof.
Financial Advisor. The City has retained RBC Dain Rauscher Inc., operating
under the trade name of RBC Capital Markets, St. Petersburg, Florida, as Financial
Advisor. The fees of the Financial Advisor will be paid from proceeds of the Series
2006 Bonds and such payment is contingent upon the issuance of the Series 2006
Bonds.
27
Bond Counsel. Bryant Miller & Olive, Tallahassee, Florida represents the City
as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds,
and such payment is contingent upon the issuance of the Bonds.
Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida
represents the City as Disclosure Counsel. The fees of Disclosure Counsel will be paid
from proceeds of the Bonds, and such payment is contingent upon the issuance of the
Bonds.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of
the Series 2006 Bonds to provide certain financial information and operating data
relating to the City by not later than June 30 in each year commencing June 30, 2007
(the "Annual Report"), and to provide notices of the occurrence of certain enumerated
events, if deemed by the City to be material. The Annual Report will be filed by the
City with each Nationally Recognized Municipal Securities Information Repository
("NRMSIR"), and with the State of Florida Repository, if and when created. The
notices of material events will be filed by the City with the NRMSIR and with the State
of Florida Repository, if and when created. The form of Continuing Disclosure
Certificate containing the specific nature of the information to be contained in the
Annual Report or the notices of material events appears in "APPENDIX F - FORM OF
CONTINUING DISCLOSURE CERTIFICATE." These covenants have been made in
order to assist the Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). The City
has never failed to comply in all material respects with any previous undertakings with
regard to said Rule to provide annual reports or notices of material events.
CERTIFICATE CONCERNING OFFICIAL STATEMENT
Concurrently with the delivery of the Series 2006 Bonds, the City will furnish its
certificate, executed by the Mayor or Vice-Mayor of the City, to the effect that, to the
best of his or her knowledge, this Official Statement, as of its date and as of the date of
delivery of the Series 2006 Bonds, does not contain any untrue statements of material
fact and does not omit to state a material fact which should be included herein for the
purpose for which this Official Statement is to be used, or which is necessary to make
the statements contained herein, in the light of the circumstances under which they
were made, not misleading.
28
MISCELLANEOUS
The references, excerpts and summaries of all documents, resolutions and/or
ordinances referred to herein do not purport to be complete statements of the
provisions of such documents, resolutions and/or ordinances and reference is directed
to all such documents, resolutions and/or ordinances for full and complete statements
of all matters of fact relating to the Series 2006 Bonds, the security for and the
repayment of the Series 2006 Bonds and the rights and obligations of the Holders
thereof. Copies of such documents, resolutions and ordinances may be obtained from
the City Clerk's Office.
So far as any statements made in this Official Statement involve matters of
opinion or of estimates, whether or not expressly stated, they are set forth as such and
not as representations of fact. No representation is made that any of such statements
will be realized. Neither this Official Statement nor any statement which may have
been orally or in writing is to be construed as a contract with the Holders of the Series
2006 Bonds.
The execution and delivery of this Official Statement by the Mayor of the City
has been duly authorized by the City Commission.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
William B. Horne, II, City Manager
29
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Clearwater (the "City"), the county seat of Pinellas County (the fifth
most populous county in Florida), is geographically located in the middle of the west
coast of Florida on the Gulf of Mexico. It is situated approximately 20 miles west of
Tampa and 20 miles north of St. Petersburg. Standing on the highest coastal elevation of
the State, the City limits comprise approximately 25.5 square miles of land and 8.6
square miles of waterways and lakes.
Clearwater Beach, a corporate part of the City, is a beach community connected to
the mainland by Memorial Causeway, a four-lane, toll-free drive stretching almost two
miles across the Intracoastal Waterway. Business on Clearwater Beach is mainly tourist
oriented, with hotels, motels and gift shops. Many fine homes, apartments and
condominiums offer pleasant, semi-tropical island accommodations to permanent
residents and winter and summer visitors.
History
The area now known as Clearwater was first explored in 1528 by Panfile de
Narvaez, a Spanish explorer who encountered a large tribe of Indians, which his army
drove out. The Indians recaptured their territory and held it until the Seminole Wars of
1835-42. The Indians who inhabited this area are said to have called it "Pocotopaug,"
meaning "clear water," for the many springs of clear, fresh water that bubbled along the
shore and even below the waterline at low tide.
Settlers began moving into the area around the time of the Seminole Wars. After
the wars ended, the territory was opened by the Federal government for homesteading
under the Armed Occupation Act. The first land title was granted in 1842. The early
settlement, named "Clear Water Harbor," was incorporated in 1897. "Clear Water" later
became one word and "Harbor" was dropped in 1906 when Pinellas County was created
by an act of the State Legislature. In May 1911, Clearwater became the County Seat and
Clearwater was chartered as a municipality on May 27, 1915.
Government and Administration
Clearwater has a council-city manager form of government. Four council members
and a mayor are elected at large to serve overlapping three-year terms. They appoint the
city manager and the city attorney. All other administrative and professional positions are
appointed by the city manager in accordance with the City's Civil Service System.
A-I
The City has approximately 1,992 employees, covered by the City's Civil Service
law relating to recruitment, promotion, evaluation and discipline based on merit
principles. Three employee unions represent the City's civil labor force: two units of the
Fraternal Order of Police; one of the International Association of Fire Fighters; and one
from the Communications Workers of America.
Transportation
Pinellas County and Clearwater are served by three major causeways and bridges
over Tampa Bay, by U.S. 19 and 1-275 to the north and south, by 1-4 and U.S. 60 to the
east. State Roads 590 and 686 also afford access to the City.
Tampa International Airport, located approximately seventeen miles from
downtown Clearwater, provides air travel access with approximately 260 national and
international flights daily. Limousine and taxi service to and from the airport is available
from Clearwater and throughout Pinellas County. St. Petersburg/Clearwater International
Airport, approximately ten miles from downtown Clearwater, offers regularly scheduled
passenger service and charter and special group flights, on a more limited basis to both
domestic and foreign destinations, particularly to Canada, Mexico, and Central and South
America. The Executive Airpark, which is slightly over a mile from the downtown
business section, provides service and maintenance for private plane owners. The airport
has one 3,000 foot hard-surface runway and facilities for visiting and locally based
planes.
The Port of Tampa (22 miles to the east) is the closest deep water port. The port is
serviced by a variety of steamship agents and operators. The United States Coast Guard
maintains an air station at the St. Petersburg/Clearwater International Airport, and a
search and sea rescue cutter station on Clearwater Harbor opposite Sand Key.
Gulf Coast Motor Lines provides service daily between Clearwater, St. Petersburg
and Tampa and makes connections with Greyhound and Trailways Bus Lines in Tampa.
Scenic tours are available via Gray Line out of Clearwater and St. Petersburg, and both
Gray Line and Gulf Coast have buses for charter. Pinellas Suncoast Transit System
maintains 54 routes in 19 municipalities in Pinellas County.
Utilities, Public Service and Community Facilities
The City owns and operates its own water and wastewater collection systems.
Water is obtained from 21 deep wells owned and operated by the City (approximately 20-
25%) and from wholesale purchases from the Pinellas County Water System
(approximately 70%). The City has water supply, treatment and distribution systems
including a 3 mgd Reverse Osmosis Water Treatment Plant together with wastewater
A-2
collection and three advanced wastewater treatment plants (28.5mgd rated capacity). The
City's local water supply demand averages about 13 mgd and its wastewater flows
average about 15 mgd. The wastewater collection program provides for the transmission
of wastewater through the City's underground sewer mains, collectors and interceptor
lines and for the maintenance, repair and replacement of 400 miles of wastewater
collection lines and 500 miles of water lines. The Department of Public Works maintains
305.1 miles of paved streets, 10.4 miles of unpaved streets, 147 miles of stormwater
mains, and 753 miles of gas mains.
Electric power is provided by Progress Energy and telephone service is provided
by Verizon of Florida, Inc. Bright House Networks and Knology provide cable television
service under franchises with the City. Local editions of the daily St. Petersburg Times
and The Tampa Tribune, plus weekly newspapers from adjacent Dunedin, Largo,
Seminole and Clearwater Beach are widely distributed.
The Clearwater Public Library System consists of a main library and four branches
which are spread evenly throughout the community for easy access. The City offers 42
acres of public beach front, 1,134 acres of parks, 32 playgrounds, numerous athletic
courts and fields, five swimming pools, a 8,500 seat baseball and softball stadium, three
golf courses, seven recreational centers, 32 special recreation facilities, 7.4 miles of
recreational paths, boat ramps and a 220 slip yacht basin and marina. The Philadelphia
Phillies conduct spring training at the municipal baseball stadium and have a long-term
contract for farm club training on Clearwater's specially constructed facilities during the
Winter Instructional League Program. Clearwater is the home of the Clearwater
Bombers, a national amateur fast pitch softball team.
Tourism
The State of Florida reported 74.5 million tourists came to Florida during the year
2003, an increase of 0.9% over 2002. Domestic visitors to the State in 2003 are estimated
to constitute 92% of total visitors, followed by 6% from overseas countries and 2% from
Canada. There was a decrease of 4.9% in the number of overseas visitors and 0.1 %
Canadian visitors to Florida in 2003. Tourism is a $5.2 billion industry annually to the
County. Pinellas County is ranked seventh of the top ten destinations in Florida and
generated approximately 5 million overnight guests and 7.5 million day visitors in 2003.
Clearwater's Fun 'N Sun Festival each spring attracts thousands of visitors.
Education
The Pinellas County School District is the seventh largest in the State and operates
a total of 144 schools comprising elementary through high school, exceptional,
alternative and vocational schools within the County and serves more than 113,000
A-3
students. During the 2005-2006 school year, Pinellas County Schools expects enrollment
of more than 15,964 compared to 16,323 during the 2004-2005 school year with students
attending 82 elementary, 24 middle and 16 high schools along with five exceptional
education centers, four alternative schools, four partnership schools and three charter
schools. The district also operates three community schools, three adult
education/learning centers, two technical education centers and one secondary vocational
center. Private schools and academies are also located within or near the City limits. In
addition, St. Petersburg College has a Clearwater campus. Eckerd College in
St. Petersburg, Beacon College in Largo, Stetson University College of Law in Gulfport,
the University of South Florida and the University of Tampa in Tampa offer nearby
college and post-graduate education.
Industry, Commerce and Labor
Light, clean industry is encouraged in Clearwater. In 1957, the City of Clearwater
developed a 100 acre industrial park adjacent to the Clearwater Airpark (Executive
Airport) and to the CSX Transportation Company. There is also a privately owned, 35
acre industrial park. Large industries located near Clearwater include Honeywell, General
Electric, UNISYS, Concept and Hercules Defense Electronics Systems, Inc. During the
1999 fiscal year IMRglobal Corp. ("IMR") occupied its new world headquarters in
downtown Clearwater.
Pension Plan
The Employees' Pension Plan and the Fireman's Pension Plan are self-
administered by the City. City contributions for fiscal year ending 2004 were $4,818,917
to the Employees' Plan and $1,271,562 to the Fireman's Plan, and were in accordance
with actuarially determined funding requirements.
In addition, supplemental pensions exist for certified Police Officers and
Firefighters, funded solely from excise taxes on certain insurance premiums covering
property in Clearwater, collected by the State and remitted to the City. Both plans require
benefits to be adjusted to equal funds assets provided by the defined contributions.
[Remainder of page intentionally left blank]
A-4
Demographic Information
Last Ten Fiscal Years
(b) (c) (d) (e)
(a) Per Capita Median School Unemployment
Year Population Income Age Enrollment Rate (%)
1996 101,867 23,768 42.1 11,960 4.2
1997 102,472 25,111 43.3 15,264 3.7
1998 102,874 26,287 43.6 13,714 2.9
1999 104,281 27,704 43.9 14,551 3.0
2000 104,454 29,041 44.2 15,978 2.7
2001 108,787 29,649 43.0 16,293 2.7
2002 109,231 31,784 43.0 17,047 3.9
2003 109,719 32,581 43.9 16,295 4.9
2004 110,055 33,068 44.0 16,323 4.4
2005 110,325 33,316 44.2 15,964 3.7
(a) University of Florida, Bureau of Economic and Business Research, Florida Statistical Abstract.
(b) Data is for Pinellas County. Source is the University of Florida, Bureau of Economic and Business Research, Florida
Statistical Abstract.
(c) University of Florida, Bureau of Economic and Business Research, Florida Statistical Abstract.
(d) Pinellas County School District.
(e) Source for fiscal years 1996 through 2003 is University of Florida, Bureau of Economic and Business Research, Florida
Statistical Abstract, as of December 31 of the indicated fiscal year. Source for fiscal year 2004 and 2005 is the US
Department of Labor, Bureau of Labor Statistics, Tampa Metro Area as of September.
Source: City of Clearwater, Florida Comprehensive Aunual Financial Report for period ending September 30, 2005.
NOTE: Data is the latest published aunual data available for an unspecified point in each year, not specifically September 30.
A-5
Property Values and Construction
Last Ten Fiscal Years
Commercial Construction Residential Construction
Number Number Total Assessed
Fiscal of of Property Value
Year Permits Value Permits Value (a)
1996 1,860 $43,299,453 6,527 $32,039,292 $5,733,193,387
1997 1,762 94,445,784 6,605 36,259,408 5,884,592,007
1998 1,392 52,983,592 7,252 50,906,470 6,049,571,226
1999 1,821 90,770,055 5,624 37,677,855 6,349,561,534
2000 2,666 177,565,812 5,483 30,355,644 6,555,350,175
2001 2,313 164,741,145 5,512 34,182,620 7,108,110,272
2002 2,192 108,881,146 5,440 36,490,317 7,858,986,677
2003 1,820 189,656,956 6,071 54,107,088 8,556,134,526
2004 1,864 202,893,792 6,325 59,345,196 9,461,860,503
2005 1,823 136,505,693 7,423 73,216,187 10,638,613,482
(a) Pinellas County Property Appraiser, values listed are for years of collections.
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending September 30, 2005.
A-6
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City of Clearwater, Florida
Principal Taxpayers*
September 30, 2005
Percentage
to Total
Assessed Assessed
Taxpayers Type of Business Value * Value
Bellwether Prop. LP Ltd. Shopping Center $102,869,300 1.47%
Clearwater Mall Shopping Center 42,270,800 0.61
Taylor, John S. III Landowner 34,620,000 0.50
Grand Venezia Baywatch LP Apartment Complex 30,000,000 0.43
Sand Key Association Ltd. Hotel 26,600,000 0.41
Weingarten Nostat Inc. Shopping Center 27,810,000 0.40
California State Teachers Apartment Complex 26,400,000 0.38
St. Joe Co. Office Building 26,000,000 0.37
Sand Key Association Ltd. Hotel 25,500,000 0.41
Northwood Plaza Shopping Center 24,000,000 0.34
ZOM Bayside Arbors Limited Condominium Complex 23,173,300 0.33
Subtotal $ 365,743,400 5.24%
All Others 6,612,907,300 94.76
Total $6,978,650,700 100.00%
*Based on non-exempt real property assessed taxable values.
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30,2005; Pinellas County Property Appraiser, 2004 tax rolls
for 2005 collections.
A-lO
City of Clearwater, Florida
Ratio of Net General Bonded Debt to Taxable Assessed Value
and Net Bonded Debt Per Capita
Last Ten Fiscal Years
Net
Ratio of Net General
Taxable Net General Bonded
Assessed General Bonded Debt Debt
Fiscal Value(a) Bonded To Assessed Per
Year Population (000) Debt Value Capita
1996 101,867 $4,252,433 $ 21,598 0.001 % 0.21
1997 102,472 4,376,559 165,000 0.004 1.61
1998 102,874 4,494,262 33,750 0.001 0.33
1999 104,281 4,692,398 n/a 0.00
2000 104,454 4,903,478 n/a 0.00
2001 108,787 5,208,787 n/a 0.00
2002 109,231 5,688,426 n/a 0.00
2003 109,719 6,105,078 n/a 0.00
2004 110,055 6,693,265 n/a 0.00
2005 110,325 7,468,727 n/a 0.00
(a)Values listed are for year of collections.
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30,2005.
[Remainder of page intentionally left blank]
A-II
City of Clearwater, Florida
Computation of Legal Debt Margin
September 30, 2005
Assessed Valuation of Non-Exempt Real Estate(a) ..................................... $6,978,650,700
Times: Twenty Percent Limitation per City Charter .................................... x .20
Equals Legal Indebtedness Limitation......................................................... $1,395,730,140
Debt Subject to Indebtedness Limitation:
Net Debt
Gross Less Sinking Subject to
Revenue Bonds: Debt Fund Assets Limitation
1997 Gas System Revenue Bonds $ 4,080,000 $ 48,333 $4,031,667
1998 Gas System Revenue Bonds 7,790,000 3,333 7,7886,667
2004 Gas System Revenue Refunding Bonds 8,710,000 13,750 8,696,250
2005 Gas System Revenue Refunding Bonds 7,175,000 3,333 7,171,667
1998 Water and Sewer Revenue Bonds 59,750,974 10,704,167 49,046,807
2002 Water and Sewer Revenue Bonds 56,790,000 4,550,818 52,239,182
2003 Water and Sewer Revenue Refunding
Bonds 2,900,000 394,567 2,505,433
1999 Stormwater System Revenue Bonds 600,000 128,333 471,667
2002 Stormwater System Revenue Bonds 23,800,000 417,083 23,382,917
2004 Stormwater System Revenue Bonds 14,430,000 293,333 14,136,667
2005 Stormwater System Revenue Refunding
Bonds 6,925,000 8,402 6,916,598
2001 Infrastructure Sales Tax Revenue
Bonds 30,615,000 5,660,000 24,955,000
200 I Improvement Revenue Refunding
Bonds 10,270,000 1,120,728 9,149,272
2002 Spring Training Revenue Bonds 13,720,000 277,083 13,442,917
Notes, Mortgages and Contracts 12,221,590 12,221,590
Totals 259,777,564 23,623,263 236,154,301
Legal Indebtedness Margin $1,159,575,839
(a) Valuation listed is from 2004 tax year for 2005 collections.
Source: City of Clemwater, Florida, Comprehensive Annual Financial Report for period ending
September 30,2005.
A-12
City of Clearwater, Florida
Computation of Direct and Overlapping Debt
September 30, 2004
Net General
Obligation Debt
Governmental Unit Outstanding Percent Amount
City of Clearwater $ 100.00% $
Pinellas County School Board $39,327,874 13.77% (a) $5,415,448
(a) Applicable Net Debt Percentage is based on ratio of City to County Taxable values
for 2005 collections ($6,978,650,700/ $50,693,636,100 = 13.77%).
A-13
APPENDIX B
EXCERPTS FROM THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2005
APPENDIX C
FORM OF ORDINANCE 6915-01 AND RESOLUTION 06-37
APPENDIX D
FORM OF CONTINUING DISCLOSURE AGREEMENT
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by the City of Clearwater, Florida (the "Issuer") in connection with the
issuance of its $ [Bond Amount] Water and Sewer System Revenue Bonds, Series 2006
(the "Series 2006 Bonds"). The Series 2002 Bonds are being issued pursuant to
Ordinance No. 3674-84 enacted by the Issuer on August 2, 1984, as amended and
supplemented in Ordinance 5355-93, enacted on April 15, 1993, as amended and
supplemented in Ordinance 6311-98, enacted November 5, 1998 and as further
amended and supplemented in Ordinance 6915-01, enacted November 15,2001 (the
"Ordinance") and as further supplemented by Resolution 06-37, adopted by the City on
[ ] (the "Series 2006 Resolution"). The Issuer covenants and agrees as
follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This
Disclosure Certificate is being executed and delivered by the Issuer for the benefit of
the Series 2006 Bondholders and in order to assist the original underwriters of the
Series 2006 Bonds in complying with Rule 15c2-12(b)(5) promulgated by the Securities
and Exchange Commission ("SEC") pursuant to the Securities Exchange Act of 1934
(the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except as
otherwise provided herein, the Issuer shall provide to all of the nationally recognized
municipal securities information repositories described in Section 4 hereof (the
"NRMSIRs"), and to any state information depository that is established within the
State of Florida (the "SID"), on or before June 30 of each year, commencing June 30,
2004, the information set forth below in this Section 2. Notwithstanding the
immediately preceding sentence, to the extent any such information does not become
available to the Issuer before June 30 of any year, the Issuer shall provide such
information when it becomes available, but no later than one year following the end of
the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive Annual Financial Report for the immediately
preceding Fiscal Year (the "CAFR"), which shall include the audited financial
statements of the Issuer for the immediately preceding Fiscal Year prepared in
accordance with Generally Accepted Accounting Principles, as modified by applicable
State of Florida requirements and the governmental accounting standards
promulgated by the Government Accounting Standards Board; provided, however, if
the audited financial statements of the Issuer are not completed prior to April 30 of
any year, the Issuer shall provide unaudited financial statements on such date and
shall provide the audited financial statements as soon as practicable following their
completion; and
1
(B) to the extent not set forth in the CAFR, additional financial information
and operating data of the type included with respect to the Issuer in the final official
statement prepared in connection with the sale and issuance of the Series 2006 Bonds
(as amended, the "Official Statement"), as set forth below:
1. Updates of the historical financial information set forth in the
Official Statement under the principal captions "THE WATER AND SEWER
SYSTEM" for the then-immediately preceding five fiscal years and" APPENDIX
G - SCHEDULE OF RATES, FEES AND CHARGES."
2. Description of any additional indebtedness payable in whole or in
part from the Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material to a holder or
prospective holders of the Series 2006 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period
commencing on October 1 and ending on September 30 of the next succeeding year, or
such other period of time provided by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer shall
provide to the NRMSIRs or the Municipal Securities Rulemaking Board (the "MSRB")
and to the SID, on a timely basis, notice of any of the following events, if such event is
material with respect to the Series 2006 Bonds or the Issuer's ability to satisfy its
payment obligations with respect to the Series 2006 Bonds:
(A)
Principal and interest payment delinquencies;
(B)
Non-payment related defaults;
(C)
difficulties;
Unscheduled draws on the debt service reserve fund reflecting financial
(D)
Unscheduled draws on credit enhancement reflecting financial difficulties;
(E)
Substitution of credit or liquidity providers, or their failure to perform;
(F)
Adverse tax opinions or events affecting the tax-exempt status of the
Series 2006 Bonds;
(G)
Modifications to rights of Series 2006 Bondholders;
2
(H) Redemptions;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the Series
2006 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to provide notice of
the occurrence of certain other events, in addition to those listed in this Section 3, if, in
the judgment of the Issuer, such other events are material with respect to the Series
2006 Bonds, but the Issuer does not specifically undertake to commit to provide any
such additional notice of the occurrence of any material event except those events listed
above.
Whenever the Issuer obtains knowledge of the occurrence of a significant event
described in this Section 3, the Issuer shall as soon as possible determine if such event
would be material under applicable federal securities law to holders of Series 2006
Bonds, provided, that any event under clauses (D), (E), (F), (K) or (L) above will always
be deemed to be material.
SECTION 4. NRMSIRs. The NRMSIRs to which the Issuer shall
provide the information described in Sections 2 and 3 above, to the extent required,
shall be the following organizations, their successors and assigns:
(A) Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: 609/279-3225
Fax: 609/279-5962
E-Mail: Munis@Bloomberg.com
(B) FT Interactive Data
Attn: NRMSIR
100 William Street, 15th Floor
New York, New York 10038
Phone: 212/771-6999
Fax: 212/771-7390
3
E- Mail:
NRMSIR@interactivedata.com
4
(C) Standard & Poor's Securities Evaluations, Inc.
55 Water Street, 45th Floor
New York, New York 10041
Phone: 212/438-4595
Fax: 212/438-3975
E-Mail: nrmsir_repository@sandp.com
(D) DPC Data Inc.
One Executive Drive
Fort Lee, New Jersey 07024
Phone: 201/346-0701
Fax: 201/947-0107
E-Mail: NRMSIR@dpcdata.com
(E) A list of the names and addresses of all designated NRMSIRs and SIDs as
of any date may currently be obtained by calling the SEC's Fax on Demand Service at
202/942-8088 and requesting document number 0206 or by visiting the SEC's web site
at www.sec.gov/info/municipal/nrmsir.htm. However, in lieu of filing with the
NRMSIRs and SIDs, the Dissemination Agent may provide the required information
to:
Disclosure USA.org
P.O. Box 684667
Austin, Texas 78768-4667
http://www . disclosureusa.org
Phone: (212) 438-6518
Fax: 512/476-6403
SECTION 5. NO EVENT OF DEFAULT. Notwithstanding any other
provision in the Ordinance to the contrary, failure of the Issuer to comply with the
provisions of this Disclosure Certificate shall not be considered an event of default
under the Ordinance; provided, however, any Series 2006 Bondholder may take such
actions as may be necessary and appropriate, including pursuing an action for
mandamus or specific performance, as applicable, by court order, to cause the Issuer to
comply with its obligations hereunder. For purposes of this Disclosure Certificate,
"Series 2006 Bondholder" shall mean any person who (A) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2006 Bonds (including persons holding Series 2006 Bonds through nominees,
depositories or other intermediaries), or (B) is treated as the owner of any Series 2006
Bond for federal income tax purposes.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of the
information required herein to be disclosed may be incorporated by reference from
5
other documents, including official statements or debt issues of the Issuer of related
public entities, which have been submitted to each of the NRMSIRs and the SID, if
any, or the SEC. If the document incorporated by reference is a final official statement,
it must be available from the MSRB. The Issuer shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from time to
time, appoint or engage a dissemination agent to assist it in carrying out its obligations
under this Disclosure Certificate, and may discharge any such agent, with or without
appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
Disclosure Certificate shall terminate upon (A) the legal defeasance, prior redemption
or payment in full of all of the Series 2006 Bonds, or (B) the termination of the
continuing disclosure requirements of the Rule by legislative, judicial or administrative
action.
SECTION 9. AMENDMENTS. Notwithstanding any other provision of
this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any
provision may be waived, if such amendment or waiver is supported by an opinion of
counsel that is nationally recognized in the area of federal securities laws, to the effect
that such amendment or waiver would not, in and of itself, cause the undertakings
herein to violate the Rule if such amendment or waiver had been effective on the date
hereof but taking into account any subsequent change in or official interpretation of
the Rule.
SECTION 10. ADDITIONAL INFORMATION. Nothing in this
Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any
other information, using the means of dissemination set forth in this Disclosure
Certificate or any other means of communication, or including any other information in
its annual information described in Section 2 hereof or notice of occurrence of a
significant event described in Section 3 hereof, in addition to that which is required by
this Disclosure Certificate. If the Issuer chooses to include any information in its
annual information or notice of occurrence of a significant event in addition to that
which is specifically required by this Disclosure Certificate, the Issuer shall have no
obligation under this Disclosure Certificate to update such information or include it in
its future annual information or notice of occurrence of a significant event.
SECTION 11. OBLIGATED PERSONS. If any person, other than the
Issuer, becomes an Obligated Person (as defined in the Rule) relating to the Series
2006 Bonds, the Issuer shall use its best efforts to require such Obligated Person to
comply with all provisions of the Rule applicable to such Obligated Person.
6
Dated as of this _ day of July, 2006
ATTEST:
City Clerk
CITY OF CLEARWATER, FLORIDA
By:
Mayor
7
APPENDIX E
FORM OF BOND COUNSEL OPINION
APPENDIX F
FORM OF MUNICIPAL BOND INSURANCE POLICY
APPENDIX G
SCHEDULE OF RATES, FEES AND CHARGES
Domestic Water Rates
October 1, 2004 October 1, 2006 October 1, 2007 October 1, 2008
Meter Size Tier Rate Tier Rate Tier Rate Tier Rate
Under 1
Inch Minimum $10.59 Minimum $12.03 Minimum $12.75 Minimum $13.53
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
3000 3000 3000 3000
Gallons Gallons Gallons Gallons
From From From From
3001 $4.29 3001 $4.87 3001 $5.16 3001 $5.47
to 9,000 to 9,000 to 9,000 to 9,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
9001 $5.09 9001 $5.78 9001 $6.13 9001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
1 Inch Minimum $24.71 Minimum $28.07 Minimum $29.75 Minimum $31.57
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
7000 7000 7000 7000
Gallons Gallons Gallons Gallons
From From From From
7001 $4.29 7001 $4.87 7001 $5.16 7001 $5.47
to 9,000 to 9,000 to 9,000 to 9,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
40,001 $5.09 40,001 $5.78 40,001 $6.13 40,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
1 1/2 Inch Minimum $353.00 Minimum $401.00 Minimum $425.00 Minimum $451.00
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
100,000 100,000 100,000 100,000
Gallons Gallons Gallons Gallons
From From From From
100,001 $4.29 100,001 $4.87 100,001 $5.16 100,001 $5.47
to
140,000 to 140,000 to 140,000 to 140,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
140,001 $5.09 140,001 $5.78 140,001 $6.13 140,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
Domestic Water Rates
October 1, 2004 October 1, 2006 October 1, 2007 October 1, 2008
Meter Size Tier Rate Tier Rate Tier Rate Tier Rate
2 Inch Minimum $822.49 Minimum $934.33 Minimum $990.25 Minimum $1,050.83
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
233,000 233,000 233,000 233,000
Gallons Gallons Gallons Gallons
From From From From
231,001 $4.29 231,001 $4.87 231,001 $5.16 231,001 $5.47
to
343,000 to 343,000 to 343,000 to 343,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
343,001 $5.09 343,001 $5.78 343,001 $6.13 343,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
3 Inch or
two Minimum $1,267.27 Minimum $1,439.59 Minimum $1,525.75 Minimum $1,619.09
2 Inch Charge Charge Charge Charge
in With With With With
Manifold Usage Usage Usage Usage
Upto Upto Upto Upto
359,000 359,000 359,000 359,000
Gallons Gallons Gallons Gallons
From From From From
359,001 $4.29 359,001 $4.87 359,001 $5.16 359,001 $5.47
to
474,000 to 474,000 to 474,000 to 474,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
474,001 $5.09 474,001 $5.78 474,001 $6.13 474,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
4 Inch Minimum $2,439.23 Minimum $2,770.91 Minimum $2,936.75 Minimum $3,116.41
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
691,000 691,000 691,000 691,000
Gallons Gallons Gallons Gallons
From From From From
691,001 $4.29 691,001 $4.87 691,001 $5.16 691,001 $5.47
to
979,000 to 979,000 to 979,000 to 979,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
979,001 $5.09 979,001 $5.78 979,001 $6.13 979,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
Domestic Water Rates
October 1, 2004 October 1, 2006 October 1, 2007 October 1, 2008
Meter Size Tier Rate Tier Rate Tier Rate Tier Rate
6 Inch Minimum $6,265.75 Minimum $7,117.75 Minimum $7,543.75 Minimum $8,005.25
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
1,775,000 1,775,000 1,775,000 1,775,000
Gallons Gallons Gallons Gallons
From From From From
1,775,001 $4.29 1,775,001 $4.87 1,775,001 $5.16 1,775,001 $5.47
to to to to
2,025,000 2,025,000 2,025,000 2,025,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
2,025,001 $5.09 2,025,001 $5.78 2,025,001 $6.13 2,025,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
8 Inch Minimum $10,590.00 Minimum $12,030.00 Minimum $12,750.00 Minimum $13,530.00
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Upto Upto Upto Upto
3,000,000 3,000,000 3,000,000 3,000,000
Gallons Gallons Gallons Gallons
From From From From
3,000,001 $4.29 3,000,001 $4.87 3,000,001 $5.16 3,000,001 $5.47
to to to to
3,413,000 3,413,000 3,413,000 3,413,000
Gallons, Gallons, Gallons, Gallons,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
3,413,001 $5.09 3,413,001 $5.78 3,413,001 $6.13 3,413,001 $6.50
Gallons Gallons Gallons Gallons
and up, and up, and up, and up,
per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
Lawn Meter Water Rates
October 1, 2004 1. 2005 October 1, 2006 October 1, 2007 October 1, 2008
Meter Size Tier Rate Tier Rate Tier Rate Tier Rate
Under 1 Base Base Base Base
Inch Charqe $3.78 Charqe $4.28 Charqe $454.00 Charqe $4.81
with No with No with No with No
Water Water Water Water
Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
2,000 $4.60 2,000 $5.22 2,000 $5.53 2,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 I per 1 ,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
2,001 $6.33 2,001 $7.18 2,001 $7.61 2,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
Base Base Base Base
1 Inch Charge $11.34 Charge $12.86 Charge $13.63 Charge $14.45
with No with No with No with No
Water Water Water Water
Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
7,000 $4.60 7,000 $5.22 7,000 $5.53 7,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 I per 1 ,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
7,001 $6.33 7,001 $7.18 7,001 $7.61 7,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
Base Base Base Base
1 1/2 Inch Charge $56.70 Charge $64.31 Charge $68.17 Charge $72.26
with No with No with No with No
Water Water Water Water
Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
9,000 $4.60 9,000 $5.22 9,000 $5.53 9,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
9,001 $6.33 9,001 $7.18 9,001 $7.61 9,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
Lawn Meter Water Rates
October 1, 2004 1. 2005 October 1, 2006 October 1, 2007 October 1, 2008
Meter Size Tier Rate Tier Rate Tier Rate Tier Rate
Base Base Base Base
2 Inch Charge $158.76 Charge $180.06 Charge $190.86 Charge $202.31
with No with No with No with No
Water Water Water Water
Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
40,000 $4.60 40,000 $5.22 40,000 $5.53 40,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 I per 1 ,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
40,001 $6.33 40,001 $7.18 40,001 $7.61 40,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
3 Inch or Base Base Base Base
two Charge $313.74 Charge $355.84 Charge $377.19 Charge $399.82
with No with No with No with No
2 Inch Water Water Water Water
in
Manifold Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
100,000 $4.60 100,000 $5.22 100,000 $5.53 100,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
100,001 $6.33 100,001 $7.18 100,001 $7.61 100,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
Base Base Base Base
4 Inch Charge $604.80 Charge $685.97 Charge $727.13 Charge $770.76
with No with No with No with No
Water Water Water Water
Allowance Allowance Allowance Allowance
Up to Up to Up to Up to
233,000 $4.60 233,000 $5.22 233,000 $5.53 233,000 $5.86
Gallons Gallons Gallons Gallons
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons Gallons
From From From From
233,001 $6.33 233,001 $7.18 233,001 $7.61 233,001 $8.07
Gallons Gallons Gallons Gallons
and up and up and up and up and up
per 1,000 per 1,000 per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons. Gallons.
October 1, 2004
Meter Size Tier Rate
Base
Charge
with No
Water
6 Inch
Allowance
Up to
359,000
Gallons
per 1,000
Gallons
From
359,001
Gallons
and up
per 1,000
Gallons.
Lawn Meter Water Rates
October 1, 2006 October 1, 2007
October 1, 2008
Rate Tier Rate Tier Rate
Base Base
$2,070.75 Charge $2,195.00 Charge $2,326.70
with No with No
Water Water
Allowance Allowance Allowance
Up to Up to Up to
359,000 $5.22 359,000 $5.53 359,000 $5.86
Gallons Gallons Gallons
per 1,000 per 1,000 per 1,000
Gallons Gallons Gallons
From From From
359,001 $7.18359,001 $7.61 359,001 $8.07
Gallons Gallons Gallons
and up and up and up
per 1,000 per 1,000 per 1,000
Gallons. Gallons. Gallons.
Sanitary Sewer Rates
Meter Size October 1, 2004 October 1, 2006 October 1, 2007 October 1, 2008
Under 1 Inch Minimum $14.58 Minimum $16.53 Minimum $17.52 Minimum $18.57
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Up to Up to Up to Up to
3000 3000 3000 3000
Gallons Gallons Gallons Gallons
1 Inch Minimum $34.02 Minimum $38.57 Minimum $40.88 Minimum $43.33
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Up to Up to Up to Up to
7000 7000 7000 7000
1 1/2 Inch Minimum $486.00 Minimum $551.00 Minimum $584.00 Minimum $619.00
Charge Charge Charge Charge
With With With With
Usage Usage Usage Usage
Up to Up to Up to Up to
100,000 100,000 100,000 100,000
allons allons allons allons
2 Inch Minimum $1,132.38 $1,283.83 Minimum $1,360.72 Minimum $1,442.27
Charge Charge Charge
With With With
Usage Usage Usage
Up to Up to Up to
233,000 233,000 233,000
3 Inch or two Minimum $1,744.74 Minimum $1,978.09 Minimum $2,096.56 Minimum $2,222.21
2 Inch Charge Charge Charge Charge
With With With With
in Manifold Usage Usage Usage Usage
Up to Up to Up to Up to
359,000 359,000 359,000 359,000
Gallons Gallons Gallons Gallons
Meter Size
4 Inch
6 Inch
8 Inch
harge per
1,000
gallons of
water used
over basic
allowance
October 1, 2004
Minimum $3,358.26
Charge
With
Usage
Up to
691,000
allons
Minimum
Charge
With
Usage
Sanitary Sewer Rates
October 1, 2006 October 1, 2007 October 1, 2008
Minimum $3,807.41 Minimum $4,035.44 Minimum $4,277.29
Charge Charge Charge
With With With
Usage Usage Usage
Up to Up to Up to
691,000 691,000 691,000
allons allons allons
$9,780.25 Minimum $10,366.00 Minimum $10,987.25
Charge Charge
With With
Usage Usage
Up to
1,775,000
Gallons
Minimum
Charge
With
Usage
Up to
3,000,000
Gallons
$8,626.50
$14,580.00
Up to
1,775,000
Gallons
Minimum
Charge
With
Usage
Up to
1,775,000
Gallons
$16,530.00 Minimum
Charge
With
Usage
Up to
1,775,000
Gallons
$17,520.00 Minimum $18,570.00
Charge
With
Usage
Up to
3,000,000
Gallons
THE BELOW CHARGES APPLY TO ALL METER SIZES
$4.86 $5.51
Up to
3,000,000
Gallons
Up to
3,000,000
Gallons
$5.84
$6.19
EXHIBIT D
CONTINUING DISCLOSURE CERTIFICATE
D-l
RESOLUTION NO. 06-37
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by the City of Clearwater, Florida (the "Issuer") in connection with the
issuance of its $ [Bond Amount] Water and Sewer System Revenue Bonds, Series 2006
(the "Series 2006 Bonds"). The Series 2002 Bonds are being issued pursuant to
Ordinance No. 3674-84 enacted by the Issuer on August 2, 1984, as amended and
supplemented in Ordinance 5355-93, enacted on April 15, 1993, as amended and
supplemented in Ordinance 6311-98, enacted November 5, 1998 and as further
amended and supplemented in Ordinance 6915-01, enacted November 15,2001 (the
"Ordinance") and as further supplemented by Resolution 06-37, adopted by the City on
[ ] (the "Series 2006 Resolution"). The Issuer covenants and agrees as
follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This
Disclosure Certificate is being executed and delivered by the Issuer for the benefit of
the Series 2006 Bondholders and in order to assist the original underwriters of the
Series 2006 Bonds in complying with Rule 15c2-12(b)(5) promulgated by the Securities
and Exchange Commission ("SEC") pursuant to the Securities Exchange Act of 1934
(the "Rule").
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except as
otherwise provided herein, the Issuer shall provide to all of the nationally recognized
municipal securities information repositories described in Section 4 hereof (the
"NRMSIRs"), and to any state information depository that is established within the
State of Florida (the "SID"), on or before June 30 of each year, commencing June 30,
2004, the information set forth below in this Section 2. Notwithstanding the
immediately preceding sentence, to the extent any such information does not become
available to the Issuer before June 30 of any year, the Issuer shall provide such
information when it becomes available, but no later than one year following the end of
the Issuer's Fiscal Year.
(A) the Issuer's Comprehensive Annual Financial Report for the immediately
preceding Fiscal Year (the "CAFR"), which shall include the audited financial
statements of the Issuer for the immediately preceding Fiscal Year prepared in
accordance with Generally Accepted Accounting Principles, as modified by applicable
State of Florida requirements and the governmental accounting standards
promulgated by the Government Accounting Standards Board; provided, however, if
the audited financial statements of the Issuer are not completed prior to April 30 of
any year, the Issuer shall provide unaudited financial statements on such date and
shall provide the audited financial statements as soon as practicable following their
completion; and
1
(B) to the extent not set forth in the CAFR, additional financial information
and operating data of the type included with respect to the Issuer in the final official
statement prepared in connection with the sale and issuance of the Series 2006 Bonds
(as amended, the "Official Statement"), as set forth below:
1. Updates of the historical financial information set forth in the
Official Statement under the principal captions "THE WATER AND SEWER
SYSTEM" for the then-immediately preceding five fiscal years and" APPENDIX
G - SCHEDULE OF RATES, FEES AND CHARGES."
2. Description of any additional indebtedness payable in whole or in
part from the Net Revenues (as defined in the Ordinance).
3. Any other financial information or operating data of the type
included in the Official Statement which would be material to a holder or
prospective holders of the Series 2006 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period
commencing on October 1 and ending on September 30 of the next succeeding year, or
such other period of time provided by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer shall
provide to the NRMSIRs or the Municipal Securities Rulemaking Board (the "MSRB")
and to the SID, on a timely basis, notice of any of the following events, if such event is
material with respect to the Series 2006 Bonds or the Issuer's ability to satisfy its
payment obligations with respect to the Series 2006 Bonds:
(A)
Principal and interest payment delinquencies;
(B)
Non-payment related defaults;
(C)
difficulties;
Unscheduled draws on the debt service reserve fund reflecting financial
(D)
Unscheduled draws on credit enhancement reflecting financial difficulties;
(E)
Substitution of credit or liquidity providers, or their failure to perform;
(F)
Adverse tax opinions or events affecting the tax-exempt status of the
Series 2006 Bonds;
(G)
Modifications to rights of Series 2006 Bondholders;
2
(H) Redemptions;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the Series
2006 Bonds;
(K) Rating changes; and
(L) Notice of any failure on the part of the Issuer or any other Obligated
Person (as defined herein) to meet the requirements of Section 2 hereof.
The Issuer may from time to time, in its discretion, choose to provide notice of
the occurrence of certain other events, in addition to those listed in this Section 3, if, in
the judgment of the Issuer, such other events are material with respect to the Series
2006 Bonds, but the Issuer does not specifically undertake to commit to provide any
such additional notice of the occurrence of any material event except those events listed
above.
Whenever the Issuer obtains knowledge of the occurrence of a significant event
described in this Section 3, the Issuer shall as soon as possible determine if such event
would be material under applicable federal securities law to holders of Series 2006
Bonds, provided, that any event under clauses (D), (E), (F), (K) or (L) above will always
be deemed to be material.
SECTION 4. NRMSIRs. The NRMSIRs to which the Issuer shall
provide the information described in Sections 2 and 3 above, to the extent required,
shall be the following organizations, their successors and assigns:
(A) Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: 609/279-3225
Fax: 609/279-5962
E-Mail: Munis@Bloomberg.com
(B) FT Interactive Data
Attn: NRMSIR
100 William Street, 15th Floor
New York, New York 10038
Phone: 212/771-6999
Fax: 212/771-7390
3
E- Mail:
NRMSIR@interactivedata.com
4
(C) Standard & Poor's Securities Evaluations, Inc.
55 Water Street, 45th Floor
New York, New York 10041
Phone: 212/438-4595
Fax: 212/438-3975
E-Mail: nrmsir_repository@sandp.com
(D) DPC Data Inc.
One Executive Drive
Fort Lee, New Jersey 07024
Phone: 201/346-0701
Fax: 201/947-0107
E-Mail: NRMSIR@dpcdata.com
(E) A list of the names and addresses of all designated NRMSIRs and SIDs as
of any date may currently be obtained by calling the SEC's Fax on Demand Service at
202/942-8088 and requesting document number 0206 or by visiting the SEC's web site
at www.sec.gov/info/municipal/nrmsir.htm. However, in lieu of filing with the
NRMSIRs and SIDs, the Dissemination Agent may provide the required information
to:
Disclosure USA.org
P.O. Box 684667
Austin, Texas 78768-4667
http://www . disclosureusa.org
Phone: (212) 438-6518
Fax: 512/476-6403
SECTION 5. NO EVENT OF DEFAULT. Notwithstanding any other
provision in the Ordinance to the contrary, failure of the Issuer to comply with the
provisions of this Disclosure Certificate shall not be considered an event of default
under the Ordinance; provided, however, any Series 2006 Bondholder may take such
actions as may be necessary and appropriate, including pursuing an action for
mandamus or specific performance, as applicable, by court order, to cause the Issuer to
comply with its obligations hereunder. For purposes of this Disclosure Certificate,
"Series 2006 Bondholder" shall mean any person who (A) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2006 Bonds (including persons holding Series 2006 Bonds through nominees,
depositories or other intermediaries), or (B) is treated as the owner of any Series 2006
Bond for federal income tax purposes.
SECTION 6. INCORPORATION BY REFERENCE. Any or all of the
information required herein to be disclosed may be incorporated by reference from
5
other documents, including official statements or debt issues of the Issuer of related
public entities, which have been submitted to each of the NRMSIRs and the SID, if
any, or the SEC. If the document incorporated by reference is a final official statement,
it must be available from the MSRB. The Issuer shall clearly identify each document
incorporated by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from time to
time, appoint or engage a dissemination agent to assist it in carrying out its obligations
under this Disclosure Certificate, and may discharge any such agent, with or without
appointing a successor disseminating agent.
SECTION 8. TERMINATION. The Issuer's obligations under this
Disclosure Certificate shall terminate upon (A) the legal defeasance, prior redemption
or payment in full of all of the Series 2006 Bonds, or (B) the termination of the
continuing disclosure requirements of the Rule by legislative, judicial or administrative
action.
SECTION 9. AMENDMENTS. Notwithstanding any other provision of
this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any
provision may be waived, if such amendment or waiver is supported by an opinion of
counsel that is nationally recognized in the area of federal securities laws, to the effect
that such amendment or waiver would not, in and of itself, cause the undertakings
herein to violate the Rule if such amendment or waiver had been effective on the date
hereof but taking into account any subsequent change in or official interpretation of
the Rule.
SECTION 10. ADDITIONAL INFORMATION. Nothing in this
Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any
other information, using the means of dissemination set forth in this Disclosure
Certificate or any other means of communication, or including any other information in
its annual information described in Section 2 hereof or notice of occurrence of a
significant event described in Section 3 hereof, in addition to that which is required by
this Disclosure Certificate. If the Issuer chooses to include any information in its
annual information or notice of occurrence of a significant event in addition to that
which is specifically required by this Disclosure Certificate, the Issuer shall have no
obligation under this Disclosure Certificate to update such information or include it in
its future annual information or notice of occurrence of a significant event.
SECTION 11. OBLIGATED PERSONS. If any person, other than the
Issuer, becomes an Obligated Person (as defined in the Rule) relating to the Series
2006 Bonds, the Issuer shall use its best efforts to require such Obligated Person to
comply with all provisions of the Rule applicable to such Obligated Person.
6
Dated as of this _ day of July, 2006
ATTEST:
City Clerk
CITY OF CLEARWATER, FLORIDA
By:
Mayor
7
EXHIBIT E
COMMITMENT FOR MUNICIPAL BOND INSURANCE POLICY
E-l
RESOLUTION NO. 06-37
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July 5, 2006
VIA E-MAIL
Ms. Margaret Simmons, CPA
Certified Public Accountant
City of Clearwater, Florida
100 S. Myrtle Avenue
Clearwater, Florida 33756-5520
Re: Not to Exceed $26,430,000 aggregate principal amount of City of Clearwater, Florida Water and Sewer
Revenue Bonds, Series 2006
Dear Ms. Simmons, CPA:
Please find attached the original of our commitment letter in respect of the above-referenced issue. Please return one fully
executed copy to Ms. Audrey A Udit, of our office, prior to any reference to Financial Security as insurer of the issue being
made in marketing efforts in respect of the issue.
Please note that a blacklined copy of each draft of each financing document and opinion, each draft of the preliminary and final
official statements and the bond proof should be delivered to us for review and comment.
Attached as a link to this e-mail is Financial Security's website, where the logo, statement of insurance, disclosure language,
specimen policy, procedures for premium payment, form of opinion and form of disclosure, no default and tax certificate may
be accessed and downloaded as needed. Financial Security will require, prior to closing, four hard copies of the final official
statement.
We will deliver to Bond Counsel, at the pre-closing, assuming the requirements of the commitment letter have been
met, an opinion of counsel as to the validity of the policy, a disclosure, no default and tax certificate and the executed
original policy. Prior to the closing, Financial Security will obtain rating letters from the rating agencies indicated in
the official statement. Note that any questions with regard to rating agency fees should be directed to the respective
rating agency.
Please ensure that the following people are added to the Distribution List for this Financing:
Ronald Millet, Associate General Counsel
Telephone:
Telecopier:
E-Mail:
Telephone:
Telecopier:
E-Mail:
Telephone:
Telecopier:
E-Mail:
(212) 339-3481
(212) 857-0465
RMillet@FSAcom
(212) 339-3462
(212) 857-0354
J Doyle@FSAcom
(212) 339-3548
(212) 857-0560
AUdit@FSAcom
Jim Doyle, Director
Audrey A Udit, Paralegal
As a post-closing condition, Financial Security shall receive one original and two copies of the final closing transcript of
proceedings. Such closing transcript may be in the form of either hard copies or three CD-ROMs.
We look forward to working with you.
Very truly yours,
Ronald Millet
Associate General Counsel
ec: Robert C. Reid, Esq.; Bryant, Miller & Olive P.A.
Danny Tyler, Esq.; Nabors, Giblin & Nickerson, P.A.
Mr. Kevin Conitz; RBC Dain Rauscher
Pamela K. Akin, Esq.; City of Clearwater
"'".< ~. r .~
- ~< ,~',.:{~ . ,~l':::;~~~.~:_' :~:J__" ~~::., ~'?~:;..: ;':~;.'~" ~~~ ~."' :..~ ::c: :~,~_'~ J~ ::; .>'. ,
I ' I
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MUNICIPAL BOND INSURANCE COMMITMENT
FINANCIAL SECURITY ASSURANCE INC. ("Financial Security" or "FSA") hereby commits to issue its Municipal Bond
Insurance Policy (the "Policy") relating to whole maturities of the debt obligations described in Exhibit A attached hereto (the
"Bonds"), subject to the terms and conditions set forth in this Commitment, of which Commitment Exhibit A is an integrated
part, or added hereto (the "Commitment"). To keep this Commitment in effect after the Expiration Date set forth in Exhibit A
attached hereto, a request for renewal must be submitted to Financial Security prior to such Expiration Date. Financial
Security reserves the right to refuse wholly or in part to grant a renewal.
THE MUNICIPAL BOND INSURANCE POLICY SHALL BE ISSUED IF THE FOLLOWING CONDITIONS ARE SATISFIED:
1. The documents to be executed and delivered in connection with the issuance and sale of the Bonds shall not
contain any untrue or misleading statement of a material fact and shall not fail to state a material fact necessary in order to
make the information contained therein not misleading.
2. No event shall occur which would permit any underwriter or purchaser of the Bonds, otherwise required, not to be
required to underwrite or purchase the Bonds on the date scheduled for the issuance and delivery thereof ("Closing Date").
3. There shall be no material change in or affecting the Bonds (including, without limitation, the security for the Bonds)
or the financing documents or the Official Statement (or any similar disclosure documents) to be executed and delivered in
connection with the issuance and sale of the Bonds from the descriptions or forms thereof approved by Financial Security.
4. The Bonds shall contain no reference to Financial Security, the Policy or the insurance evidenced thereby except as
may be approved by Financial Security. BOND PROOFS SHALL HAVE BEEN APPROVED BY FINANCIAL SECURITY
PRIOR TO PRINTING. The Bonds shall bear a Statement of Insurance in the form provided by Financial Security.
5. Financial Security shall be provided with:
(a) Executed copies of all financing documents, any disclosure document (the "Official Statement") and the
various legal opinions delivered in connection with the issuance and sale of the Bonds (which shall be dated the Closing
Date and which, except for the opinions of counsel relating to the adequacy of disclosure, shall be addressed to Financial
Security or accompanied by a letter of such counsel permitting Financial Security to rely on such opinion as if such opinion
were addressed to Financial Security), including, without limitation, the approving opinion of bond counsel. Each of the
foregoing shall be in form and substance acceptable to Financial Security. Copies of all drafts of such documents prepared
subsequent to the date of the Commitment (blacklined to reflect all revisions from previously reviewed drafts) shall be
furnished to Financial Security for review and approval. Final drafts of such documents shall be provided to Financial
Security at least three (3) business days prior to the issuance of the Policy, unless Financial Security shall agree to some
shorter period.
(b) Evidence of wire transfer in federal funds of an amount equal to the insurance premium, unless alternative
arrangements for the payment of such amount acceptable to Financial Security have been made prior to the delivery date of
the Bonds.
(c) Standard & Poor's Credit Market Services, Moody's Investors Service Inc. and Fitch IBCA, Inc. will
separately present bills for their respective fees relating to the Bonds. Payment of such bills by the Issuer should be made
directly to such rating agency. Payment of the rating fee is not a condition to release of the Policy by Financial Security.
6. Promptly after the closing of the Bonds, Financial Security shall receive three completed sets of executed documents
(one original and either (i) two photocopies (each unbound) or (ii) three compact discs).
7. The Official Statement shall contain the language provided by Financial Security and only such other references to
Financial Security or otherwise as Financial Security shall supply or approve. FINANCIAL SECURITY SHALL BE
PROVIDED WITH FOUR PRINTED COPIES OF THE OFFICIAL STATEMENT.
EXHIBIT A
MUNICIPAL BOND INSURANCE COMMITMENT
TERM SHEET
Issuer:
City of Clearwater, Florida
Name of Bonds Insured:
Water and Sewer Revenue Bonds, Series 2006
Principal Amount of Bonds Insured: Not to Exceed $26,430,000
Date of Commitment:
July 5, 2006
Expiration Date: Friday, September 8, 2006*
Premium:
.22% of total debt service on the Bonds Insured
Additional Conditions:
1. The amortization schedule for, and final maturity date of, the Bonds shall be acceptable to Financial
Security.
2. See attached Exhibits B-C.
Terms used in this Commitment and not otherwise defined shall have the meanings ascribed to them in the document
authorizing the issuance of and setting forth the terms for the Bonds described above (the "Resolution").
FINANCIAL SECURITY ASSURANCE INC.
Authorized Officer
*To maintain the Commitment in effect until the Expiration Date, Financial Security must receive a duplicate of this
Exhibit A executed by an authorized officer of the Issuer by the earlier of the date on which the Official Statement
containing disclosure language regarding Financial Security is circulated and ten days from the date of this
Commitment.
The undersigned agrees that if the Bonds are insured by a policy of municipal bond insurance, such insurance shall
be provided by Financial Security in accordance with the terms of this Commitment.
CITY OF CLEARWATER, FLORIDA
Authorized Officer
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
EXHIBIT F
ADDITIONAL COVENANTS WITH BOND INSURER
F-l
RESOLUTION NO. 06-37
EXHIBIT B
Page 1 of 1
OPINION REQUIREMENTS
1. Each of the Ordinance, the Resolution, the Bonds and the other transaction documents (the "Related
Documents") is a legal, valid and binding obligation of the parties thereto, has been duly authorized, executed
and delivered and is enforceable in accordance with its terms.
2. There does not exist any action, suit, proceeding or investigation pending, or to the best of such counsel's
knowledge, threatened which if adversely determined, could (i) materially adversely affect (a) the financial
condition of the Issuer, (b) the ability of the Issuer to perform its obligations under the Related Documents, (c)
the security for the Bonds, or (d) the transactions contemplated by the Related Documents or (ii) impair the
ability of the Issuer to maintain and operate the System.
3. Nothing has come to the attention of disclosure counsel which would cause them to believe that the final
Official Statement (excluding information provided by Financial Security), as of its date and the date of
issuance of the Policy, contained any untrue statement of a material fact or omitted to state a material fact
required to be stated therein or necessary in order to make the statements therein, in the light of the
circumstances under which they were made, not misleading.
4. The Bonds are secured by a valid lien and security interest in the Net Revenues of the Issuer on a parity with
all additional parity bonds issued pursuant to the Resolution.
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
EXHIBIT C
Page 1 of 4
RESOLUTION REQUIREMENTS
The Resolution shall incorporate the following requirements either in one section or article entitled "Provisions
Relating to Bond Insurance" (or the like), the provisions of which section or article shall be stated in the
Resolution to qovern, notwithstandinq anvthinq to the contrary set forth in the Resolution, or individually in
the appropriate sections:
(a) "Insurance Policy" shall be defined as follows: "the insurance policy issued by the Insurer guaranteeing the
scheduled payment of principal of and interest on the Bonds when due". "Insurer" shall be defined as
follows: "Financial Security Assurance Inc., a New York stock insurance company, or any successor thereto
or assignee thereof'.
(b) For transactions with a debt service reserve fund, the prior written consent of the Insurer shall be a condition
precedent to the deposit of any credit instrument provided in lieu of a cash deposit into the Debt Service
Reserve Fund. Notwithstanding anything to the contrary set forth in the Resolution, amounts on deposit in
the Debt Service Reserve Fund shall be applied solely to the payment of debt service on the Bonds.
(c) The Insurer shall be deemed to be the sole holder of the Insured Bonds for the purpose of exercising any
voting right or privilege or giving any consent or direction or taking any other action that the holders of the
Bonds insured by it are entitled to take pursuant to the section or the article of the Resolution pertaining to
defaults and remedies.
(d) If acceleration is permitted under the Resolution, the maturity of Bonds insured by the Insurer shall not be
accelerated without the consent of the Insurer and in the event the maturity of the Bonds is accelerated, the
Insurer may elect, in its sole discretion, to pay accelerated principal and interest accrued [or accreted, as
applicable], on such principal to the date of acceleration (to the extent unpaid by the Issuer). Upon payment
of such accelerated principal and interest accrued [or accreted, as applicable] to the acceleration date as
provided above, the Insurer's obligations under the Insurance Policy with respect to such Bonds shall be
fully discharged.
(e) No grace period for a covenant default shall exceed 30 days, nor be extended for more than 60 days,
without the prior written consent of the Insurer. The Insurer shall be given the right to deliver the written
notice pursuant to Section 19 (C) of the Ordinance.
(f) The Insurer shall be included as a third party beneficiary to the Resolution.
(g) Upon the occurrence of an extraordinary optional or special or extraordinary mandatory redemption in part,
the selection of Bonds to be redeemed shall be subject to the approval of the Insurer. The exercise of any
provision of the Resolution which permits the purchase of Bonds in lieu of redemption shall require approval
of the Insurer wherein any Bond so purchased is not extinguished.
(h) Unless the Insurer otherwise directs, upon the occurrence and continuance of an Event of Default or an
event which with notice or lapse of time would constitute an Event of Default, amounts on deposit in the
Construction Fund shall not be disbursed, but shall instead be applied to the payment of debt service or
redemption price of the Bonds.
(i) No modification or amendment to the Ordinance, the Resolution or any other transaction document including
any underlying security agreement (each a "Related Document") may become effective except upon
obtaining the prior written consent of the Insurer. Copies of any modification or amendment to the Resolution
or any other Related Document shall be sent to Standard & Poor's Credit Market Services and Moody's
Investors Service, Inc. at least 10 days prior to the effective date thereof.
U) The rights granted to the Insurer under the Resolution or any other Related Document to request, consent to
or direct any action are rights granted to the Insurer in consideration of its issuance of the Insurance Policy.
Any exercise by the Insurer of such rights is merely an exercise of the Insurer's contractual rights and shall
not be construed or deemed to be taken for the benefit or on behalf of the Bondholders nor does such action
evidence any position of the Insurer, positive or negative, as to whether Bondholder consent is required in
addition to consent of the Insurer.
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
EXHIBIT C
Page 2 of 4
(k) Only (1) cash, (2) non-callable direct obligations of the United States of America ("Treasuries"), (3)
evidences of ownership of proportionate interests in future interest and principal payments on Treasuries
held by a bank or trust company as custodian, under which the owner of the investment is the real party in
interest and has the right to proceed directly and individually against the obligor and the underlying
Treasuries are not available to any person claiming through the custodian or to whom the custodian may be
obligated, (4) pre-refunded municipal obligations rated "AM" and "Aaa" by S&P and Moody's, respectively
or (5) securities eligible for "AM" defeasance under then existing criteria of S & P or any combination
thereof, shall be authorized to be used to effect defeasance of the Bonds unless the Insurer otherwise
approves.
To accomplish defeasance the Issuer shall cause to be delivered (i) a report of an independent firm of
nationally recognized certified public accountants or such other accountant as shall be acceptable to the
Insurer ("Accountant") verifying the sufficiency of the escrow established to pay the Bonds in full on the
maturity or redemption date ("Verification"), (ii) an Escrow Deposit Agreement (which shall be acceptable in
form and substance to the Insurer), and (iii) an opinion of nationally recognized bond counsel to the effect
that the Bonds are no longer "Outstanding" under the Resolution; each Verification and defeasance opinion
shall be acceptable in form and substance, and addressed, to the Issuer and the Insurer. The Insurer shall
be provided with final drafts of the above-referenced documentation not less than five business days prior to
the funding of the escrow.
Bonds shall be deemed "Outstanding" under the Resolution unless and until they are in fact paid and retired
or the above criteria are met.
(I) Amounts paid by the Insurer under the Insurance Policy shall not be deemed paid for purposes of the
Resolution and shall remain Outstanding and continue to be due and owing until paid by the Issuer in
accordance with the Resolution. The Resolution shall not be discharged unless all amounts due or to
become due to the Insurer have been paid in full or duly provided for.
(m) The Issuer to covenant and agree to take such action (including, as applicable, filing of UCC financing
statements and continuations thereof) as is necessary from time to time otherwise preserve the priority of
the pledge of Trust Estate under applicable law.
(n) Claims Upon the Insurance Policy and Payments by and to the Insurer.
If, on the third Business Day prior to the related scheduled interest payment date or principal payment date
("Payment Date") there is not on deposit with the Paying Agent, after making all transfers and deposits
required under the Resolution, moneys sufficient to pay the principal of and interest on the Bonds due on
such Payment Date, the Paying Agent shall give notice to the Bond Insurer and to its designated agent (if
any) (the "Insurer's Fiscal Agent") by telephone or telecopy of the amount of such deficiency by 12:00 noon,
New York City time, on such Business Day. If, on the second Business Day prior to the related Payment
Date, there continues to be a deficiency in the amount available to pay the principal of and interest on the
Bonds due on such Payment Date, the Paying Agent shall make a claim under the Insurance Policy and
give notice to the Insurer and the Insurer's Fiscal Agent (if any) by telephone of the amount of such
deficiency, and the allocation of such deficiency between the amount required to pay interest on the Bonds
and the amount required to pay principal of the Bonds, confirmed in writing to the Insurer and the Insurer's
Fiscal Agent by 12:00 noon, New York City time, on such second Business Day by filling in the form of
Notice of Claim and Certificate delivered with the Insurance Policy.
In the event the claim to be made is for a mandatory sinking fund redemption installment, upon receipt of the
moneys due, the Paying Agent shall authenticate and deliver to affected Bondholders who surrender their
Bonds a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond
surrendered. The Paying Agent shall designate any portion of payment of principal on Bonds paid by the
Insurer, whether by virtue of mandatory sinking fund redemption, maturity or other advancement of maturity,
on its books as a reduction in the principal amount of Bonds registered to the then current Bondholder,
whether DTC or its nominee or otherwise, and shall issue a replacement Bond to the Insurer, registered in
the name of Financial Security Assurance Inc., in a principal amount equal to the amount of principal so paid
(without regard to authorized denominations); provided that the Paying Agent's failure to so designate any
payment or issue any replacement Bond shall have no effect on the amount of principal or interest payable
by the Issuer on any Bond or the subrogation rights of the Insurer.
The Paying Agent shall keep a complete and accurate record of all funds deposited by the Insurer into the
Policy Payments Account (defined below) and the allocation of such funds to payment of interest on and
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
EXHIBIT C
Page 3 of 4
principal paid in respect of any Bond. The Insurer shall have the right to inspect such records at reasonable
times upon reasonable notice to the Paying Agent.
Upon payment of a claim under the Insurance Policy the Paying Agent shall establish a separate special
purpose trust account for the benefit of Bondholders referred to herein as the "Policy Payments Account"
and over which the IPaying Agent shall have exclusive control and sole right of withdrawal. The Paying
Agent shall receive any amount paid under the Insurance Policy in trust on behalf of Bondholders and shall
deposit any such amount in the Policy Payments Account and distribute such amount only for purposes of
making the payments for which a claim was made. Such amounts shall be disbursed by the Paying Agent to
Bondholders in the same manner as principal and interest payments are to be made with respect to the
Bonds under the sections hereof regarding payment of Bonds. It shall not be necessary for such payments
to be made by checks or wire transfers separate from the check or wire transfer used to pay debt service
with other funds available to make such payments. Notwithstanding anything to the contrary otherwise set
forth in the Resolution, and to the extent permitted by law, in the event amounts paid under the Insurance
Policy are applied to claims for payment of principal of or interest on the Bonds, interest on such principal of
and interest on such Bonds shall accrue and be payable from the date of such payment at the greater of (i)
the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank or its
successor at its principal office in the City of New York, as its prime or base lending rate plus 3%, and (ii) the
then applicable rate of interest on the Bonds provided that in no event shall such rate exceed the maximum
rate permissible under applicable usury or similar laws limiting interest rates.
Funds held in the Policy Payments Account shall not be invested by the Paying Agent and may not be
applied to satisfy any costs, expenses or liabilities of the Paying Agent. Any funds remaining in the Policy
Payments Account following a Bond payment date shall promptly be remitted to the Insurer.
(0) The Insurer shall, to the extent it makes any payment of principal of (or, in the case of Capital Appreciation
Bonds, accreted value) or interest on the Bonds, become subrogated to the rights of the recipients of such
payments in accordance with the terms of the Insurance Policy. The obligations to the Insurer shall survive
discharge or termination of the Related Documents.
(p) The Issuer shall payor reimburse the Insurer any and all charges, fees, costs and expenses which the
Insurer may reasonably payor incur in connection with (i) the administration, enforcement, defense or
preservation of any rights or security in any Related Document; (ii) the pursuit of any remedies under the
Resolution or any other Related Document or otherwise afforded by law or equity, (iii) any amendment,
waiver or other action with respect to, or related to, the Resolution or any other Related Document whether
or not executed or completed, (iv) the violation by the Issuer of any law, rule or regulation, or any judgment,
order or decree applicable to it or (v) any litigation or other dispute in connection with the Resolution or any
other Related Document or the transactions contemplated thereby, other than amounts resulting from the
failure of the Insurer to honor its obligations under the Insurance Policy. The Insurer reserves the right to
charge a reasonable fee as a condition to executing any amendment, waiver or consent proposed in respect
of the Resolution or any other Related Document.
(q) The application of funds realized upon default shall be applied to payment of expenses of the Issuer or
rebate only after the payment of debt service due and past due on the Bonds, together with replenishment of
the Debt Service Reserve Fund.
(r) The Insurer shall be entitled to pay principal (or, in the case of Capital Appreciation Bonds, accreted value)
or interest on the Bonds that shall become Due for Payment but shall be unpaid by reason of Nonpayment
by the Issuer (as such terms are defined in the Insurance Policy) and any amounts due on the Bonds as a
result of acceleration of the maturity thereof in accordance with the Resolution, whether or not the Insurer
has received a Notice of Nonpayment (as such terms are defined in the Insurance Policy) or a claim upon
the Insurance Policy.
(s) The notice address of the Insurer is: Financial Security Assurance Inc., 31 West 52nd Street, New York,
New York 10019, Attention: Managing Director - Surveillance, Re: Policy No. _, Telephone: (212)
826-0100; Telecopier: (212) 339-3556. In each case in which notice or other communication refers to an
Event of Default, then a copy of such notice or other communication shall also be sent to the attention of the
General Counsel and shall be marked to indicate "URGENT MATERIAL ENCLOSED."
(t) The Insurer shall be provided with the following information:
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
EXHIBIT C
Page 4 of 4
(i) Annual audited financial statements within 150 days after the end of the Issuer's fiscal
year (together with a certification of the Issuer that it is not aware of any default or
Event of Default under the Resolution), and the Issuer's annual budget within 30 days
after the approval thereof together with such other information, data or reports as the
Insurer shall reasonably request from time to time;
(ii) Notice of any draw upon the Debt Service Reserve Fund within two Business Days
after knowledge thereof other than (i) withdrawals of amounts in excess of the Debt
Service Reserve Requirement and (ii) withdrawals in connection with a refunding of
Bonds;
(iii) Notice of any default known to the Issuer within five Business Days after knowledge
thereof;
(iv) Prior notice of the advance refunding or redemption of any of the Bonds, including the
principal amount, maturities and CUSIP numbers thereof;
(v) Notice of the resignation or removal of the Paying Agent and Bond Registrar and the
appointment of, and acceptance of duties by, any successor thereto;
(vi) Notice of the commencement of any proceeding by or against the Issuer commenced
under the United States Bankruptcy Code or any other applicable bankruptcy,
insolvency, receivership, rehabilitation or similar law (an "Insolvency Proceeding");
(vii) Notice of the making of any claim in connection with any Insolvency Proceeding
seeking the avoidance as a preferential transfer of any payment of principal of, or
interest on, the Bonds;
(viii) A full original transcript of all proceedings relating to the execution of any amendment
or supplement to the Related Documents; and
(ix) All reports, notices and correspondence to be delivered to Bondholders under the
terms of the Related Documents.
(u) Notwithstanding satisfaction of other conditions to the issuance of Additional Bonds contained in the
Resolution, no such issuance may occur (1) should any Event of Default (or any event which, once all notice
or grace periods have passed, would constitute an Event of Default) have occurred and be continuing unless
such default shall be cured upon such issuance and (2) unless the Debt Service Reserve Fund is fully
funded at its requirement (including the new issue) upon the issuance of such Additional Bonds, in either
case unless otherwise permitted by the Insurer.
(v) No contract shall be entered into nor any action taken by which the rights of the Insurer or security for or
sources of payment of the Bonds may be impaired or prejudiced in any material respect except upon
obtaining the prior written consent of the Insurer.
L:\LEGAL\MU NIS\STA TES\FL\92516_N.doc
Proiects beinQ financed with 2006 Water & Sewer RevenueBonds
Beachwalk
Bio-Solids Treatment
NE Filter & Marshall St Blower MCC
Odor Control
WPC Internal Recycle Modifications
WWTP Generator Replacements
WWTP Headworks
Sanitary Collection & Transmission R & R
Pump Station Replacement
Water Supply and Treatment
Line Relocation - Capitalized
Water Service Lines
Water Main Phases 15 16 17
Elevated Water Tank Upgrades
Telemetry for Wells
Wellfield Expansion Res #3
RO Plant Expansion Res #1
Water Quality Monitoring Devices
1,051,573.24
5,105,000.00
305,000.00
150,520.69
467,080.00
496,102.00
328,200.00
3,404,280.00
926,000.00
15,020.45
4,271,013.62
348,260.00
2,500,000.00
2,865,100.00
515,000.00
909,000.00
793,850.00
150,000.00
24,601 ,000.00
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale
to the highest bidder at the Tampa Machinery Auction, Tampa, Florda. (consent)
SUMMARY:
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record and has been
used by the City for over 10 years. Service provided by the Tampa Machinery Auction includes pick-up, sale,
title work and collection.
Appropriation Code
0010-00000- 365900-000-0000
Amount
Appropriation Comment
Revenue to be determined at time of sale.
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) City Manager 5) Clerk 6) City
Manager 7) Clerk
Surplus for July 20, 2006
REASON FOR
ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL
1 GOO02 1993 CROWN VIC POLICE CAR 2FACP71 W9PX175028 79560 Age/Condition
2 G0196 1994 FORD RANGER PICK UP TRUCK 1FTCR14U8RTA63722 61547 Age/Condition
3 G0453 1992 FORD E350 Cargo VAN 1 FT JE34H1 NHA98147 135065 Age/Condition
4 G0484 1991 FORD E150 Cargo VAN 1 FTEE14NXMHA01487 57888 Age/Condition
5 G0590 1991 Toro Parkmaster 7 gang mower 33677 -10154 N/A Age/Condition
6 G1303 1985 Chevrolet CC70042 Flatbed 1 GBK7D1 F3FV1 01113 27239 Crane and Welder worn out
7 G1478 1995 CROWN VIC POLICE CAR 2FALP71W9SX152275 85424 Age/Condition
8 G1493 1995 FORD 350 W/ UTILITY BODY 1FDKF37H4SNB04223 77144 BAD TRANSMISSION
9 G1598 1996 FORD MUSTANG 1FALP42X4TF156768 76480 Age/Condition
10 G1604 1996 FORD AEROSTAR Pass. VAN 1 FMDA11 U3TZB02409 105077 AGE/CONDITION
11 G1951 1998 Kubota M5400 Tractor 20685 N/A Age/Condition
12 G2327 2000 Kawasaki Mule 2500 Utility Veh. JKIAFCC17YB510803 N/A Rust problems
13 G2328 2000 Kawasaki Mule 2500 Utility Veh. JKIAFCC15YB51 0993 N/A Rust problems
14 G2438 2000 Mack Roll-Off Truck 1 M2P264C31 M033757 119685 Age/Condition
15 10 (Ten) Federal Signal-Vector Emergency Light Bars Obsolete
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a contract with MCIS, Inc. of Lakeland, FL in the amount of $235,000 ($223,638.05 plus 5%
contingency) in accordance with Ordinance 2.564(l)(d), City of Lakeland Bid # 1165, for the purchase and
installation of a wireless network backbone for the City's wide area network connectivity and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
This project will install a microwave wireless network backbone to back-up existing City fiber connections to
primary City facilities. This infrastructure will also allow for the eventual connection of numerous secondary
facilities on the City's network. This project will establish point to point connectivity from the Missouri radio
tower to each of the following: the Del Oro water tower, Kings Highway tower, WPC North East tower,
install and connect Fire Station 48 and install and connect a tower at Pasco Gas. The new infrastructure will
back-up the fiber connections to City facilities along the Hercules A venue corridor including, General
Services (Fleet/Building & Maintenance), Clearwater Airpark, Public Utilities, Public Services, Solid Waste
and Fire Station 48. The wireless infrastructure will provide coonections speeds ranging from 12Mbps to
250Mbps, with an expected average performance of 155Mbps.
Type:
Current Year
Budget?:
Capital expenditure
Yes
Budget Adjustment: None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
$234,819.95
Annual Operating
Cost:
Total Cost:
$20,000
$254,819.95
to
Appropriation
Code
315-94729
Amount
Appropriation Comment
$234,819.95
Review
Approval:
1) Office of Management and Budget 2) Information Technology 3) Office of Management and
Budget 4) Legal 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk
MeIS, Inc.
6550 New Tampa Hwy/Suite B
Lakeland, Florida 33815
office 863-327-1095
fax 863-327-1091
Installation and Commissioning of Backhaul Links - Proposal
#P6062686-02
March 10,2006
PROPOSAL FOR:
City of Clearwater
Attn: Sharon Marzola
This proposal and contract is to authorize the engineering, installation and commissioning of a microwave
system to connect the following five (5) backhaullinks for the City of Clearwater:
I. Missouri Tower to Kings Highway Center;
2. Missouri Tower to new tower that will replace Del Oro H20 Tower;
3. Missouri Tower to WPC Tower.
4. Missouri Tower to Station 48; and
5. WPC Tower to Northern Gas. .
Proiect En2:ineerin2:, Construction, Implementation, and Commissionin2:
All RF engineering will be finalized. As per terms and conditions set forth in the proposal, MCIS will provide
total project management, design, installation, and commissioning for use and administration; radio bridge,
Ethernet installation, and supporting equipment set-up; follow-up RF path and propagation analysis and link
budgets. Each site will be configured with the appropriate radios, all mounting equipment and cabling, as
outlined under "Equipment Included." Antennas will be optimally aligned and acceptance testing performed.
A final "As-built" report will be provided to the Client where needed. Equipment being used is based on the
Feasibility Study report titled "Wireless Engineering Study."
Installation and commissionin2: of the microwave system will utilize the followin2: eQuipment:
Equipment Included for Links 1 - 4 listed above:
Below is a list of major Equipment and Materials associated with this installation:
a. 5.8 GHz Proxim GX90 radios
b. 5.8 GHz Antennas (155 mph, Hurricane 4 specialized antennas)
c. Ethernet Cabling and Connectors
d. RF Cables and Connectors
e. Hardware & miscellaneous mounting infrastructure for installation of all equipment to existing
towers and/or structures.
f. Lighting protection - RF and IF lightning arrestors, Ethernet lightning arrestors
g. Grounding Cabling (6 A WG for lightning arrestors)
h. Miscellaneous screws, anchors, clips, water-proofing tape, electrical tape, etc.
Page 10f3
This Proposal and Quotation is the property ofMCIS, Inc. It cannot be copied or reproduced in whole or part
without the express written consent of MCIS, Inc.
Installation and Commissioning of Backhaul Links - Proposal
#P6062686-02
Equipment Included for Link 5 listed above:
Below is a list of major Equipment and Materials associated with this installation:
a. 5. 8GHz Orthogon radios
b. Dual-Pol 5.8 GHz antennas (155 mph, Hurricane 4 specialized antennas)
c. 100' AGH Spun Concrete Monopole at Northern Gas
d. Ethernet Cabling and Connectors
e. RF Cables and Connectors
f. Hardware & miscellaneous mounting infrastructure for installation of all equipment to existing and
new towers
g. Lighting protection - RF lightning arrestors, Ethernet lightning arrestors, Spline balls at new
monopole
h. Grounding Cabling (6 A WG for lightning arrestors and 1/0 for ground systems on new monopole)
1. Grounding for Northern Gas monopole - ground rods, CAD Weld, 1/0 wire
J. Miscellaneous screws, anchors, clips, water-proofing tape, electrical tape, etc.
Total Cost: $223,638.05
Assumptions:
I. That the Client will provide any necessary network equipment and subsequent Ethernet or fiber to the
MCIS equipment included.
2. No permitting is assumed (Client will handle any required permitting).
3. No engineering or structural modifications on existing towers are assumed. Signed and sealed
drawings for the monopole and its foundations at Northern Gas will be provided to Client.
4. MCIS will run Ethernet from the radios to Client designated locations in the respective sites where the
Client will insert the Layer 2 radios into their network. These distances will not exceed 200' (i.e. no
more than 200' of Ethernet will be required).
5. That the Client will handle the subnet scheme to insert the Layer 2 wireless system into their network.
MCIS will rely on the Client to provide necessary network parameters (IP addresses, subnet masks,
gateway addresses, etc.) for the configuration of the radios.
6. That MCIS shall have access to the towers, network rooms, and shelters where the radios or power
injectors will be mounted and other areas as needed for the installation of the cable and equipment.
7. All existing towers being utilized must be in good condition. Any areas that need improvement (e.g. a
safety ladder is rusted and needs to be replaced) will be identified as soon as they are noted. The
improvements will need to be completed prior to work being done on that tower.
8. That Client will provide AC power to radios and/or power injectors.
Page 2 of3
This Proposal and Quotation is the property ofMCIS, Inc. It cannot be copied or reproduced in whole or part
without the express written consent of MCIS, Inc.
Installation and Commissioning of Backhaul Links - Proposal
#P6062686-02
TERMS AND CONDITIONS
This proposal and quotations are based on MCIS performing the entire scope of work as outlined above. Price
assumes normal access to facilities for installation and cabling, achievable line of site with antenna heights
specified, and cable lengths within maximum limits for network propagation. Quoted fees exclude sales tax.
Where additional work is requested, fees will be at standard MCIS rates, (available on request). Payment terms
will be net 30 days with following fee schedule:
25% upon proposal signing and/or issuance of PO
50% upon delivery of radios to MCIS offices for bench testing and programming
25% upon completion of project.
FEE AND TERM OF CONTRACT
This proposal is valid for 60 calendar days from the date listed on this proposal. The above work will be
provided for the Client as defined above.
RESPONSIBILITIES
The Client shall provide access to the roofs, the network room where the radios and power injectors will be
mounted, and other areas as needed for the installation of the cable.
MCIS represents and warrants that it is acting as an independent contractor, and none of its personnel shall be
employees of the Client. MCIS will be responsible for all taxes, benefits and insurance pertaining to its
personnel. MCIS shall not be an agent for the Client or hold itself as an agent for the Client and shall not have
the authority or power to enter into any contract, make any purchase for or otherwise obligate the Client in any
manner.
CONFIDENTIALITY
Any non-public information relating to the Client or its business will be kept confidential by MCIS.
MCIS, Inc.
Client
By:
By:
Rue S. Hestand, IV
President and COO
Date:
Date:
Page 3 of3
This Proposal and Quotation is the property ofMCIS, Inc. It cannot be copied or reproduced in whole or part
without the express written consent of MCIS, Inc.
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement between the Federal Aviation Administration (FAA) and the City of Clearwater to
waive FAA funding and redirect to another local general aviation airport and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Federal Aviation Administration (FAA) apportions funds each fiscal year specified for general aviation
airports including the Clearwater Airpark. We do not wish to accept this funding due to the requirements of
the lending agency if we do accept the money. Their conditions would not be in the best interests of the
residents of Clearwater. If we accepted the money we would be obligated to keep the airpark open for 20
years as an airport, keep the airpark open 24 hours a day and widen our "clear zone" from 250 feet to 500
feet. This would take 125 feet off the east side of the adjacent golf course. Those are just a few of the
"conditions" of taking the money for our use. The Florida Department of Transportation (FOOT) does not
require the same conditions. The FAA will allow us to waive receipt of funds intended for our airpark and
allow them to be redirected to another local general aviation airport. Albert Whitted Airport is the closest
"general aviation only" local airport. We are assured there will be no obligations for us to fulfill by signing
the agreements allowing the dollars to go to Albert Whitted Airport. This will keep general aviation grant
dollars in Pinellas County at an airport that currently uses FAA dollars and abides by the conditions required,
and takes over some of the General Aviation aircraft storage demand that we cannot accommodate.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Southwest Contracting, Inc. (Bid # 06-0020-PR) of Odessa Florida, for $210,771;
approve alternates 1 and 2 for $2,720 and a change order deduct in the amount of $3,832.20 which is a
reduction in the contingency from 10% to 8%, for a net contract amount of $209,658.80, to provide for
construction of the Myron A. Smith Bayview Park, and authorize the appropriate officials to execute same.
SUMMARY:
In partnership with Pinellas County, the City entered into a Grant Award Agreement in November 2002 with
Florida Communities Trust (FCT), a State of Florida agency, for the purchase of 4.2 acres ofland located at
3035 Gulf to Bay Boulevard. On August 19, 2004 the City Council approved a Recreational Easement
Agreement between the City of Clearwater and Pinellas County in accordance with the Management Plan.
Also, on December 2,2004 the City Council named the park "Myron A. Smith Bayview Park". On February
17, 2005 the City Council approved funding of $200,000 for the development of the Myron A. Smith
Bayview Park in accordance with the management plan. This funding was in addition to a $200,000 Land and
Water Conservation Grant that was awarded to the City on December 1, 2005. Two public meetings were
held to gather input into the design of the park. In addition, staff has been in communication with the Historic
Bayview Association Inc. relative to the final development of the park. This contract is for the construction of
the park, which includes labor and materials to provide a crushed shell path, concrete curbs, parking and
sidewalks. In addition, the City will install shade structures, signage, picnic tables and other park amenities.
Southwest Contracting Inc. will also perform landscaping and irrigation at the park. Space will also be made
available in the park for neighbors and horticulturalists to plant native plant species and a butterfly garden.
The total base bid of $210,771, includes a 10% contingency. Staff is recommending that alternate 1, construct
grass parking spaces and 2, install 60 feet linear curb for parking lot, for a total of $2,720 be added and the
10% contingency be reduced to 8% or a change order deduct of $3,832.20. The reduction in contingency will
not have a major adverse impact on the design and function of the facility. Funding for the project will come
from approved Capital Improvement Project 315-93129. Construction time is 60 days, providing an
anticipated completion date of September 30, 2006. Operating expenses for the park have been included in
the FY 2006/07 operating budget.
Type:
Current Year
Budget?:
Capital expenditure
Yes
Budget Adjustment: No
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
$209,658.80
$209,658.80
2005 to 2006
Annual Operating
Cost:
Total Cost:
o
$209,658.80
Appropriation
Code
315-93129
Amount
Appropriation Comment
$209,658.80
Approved CIP
Bid Required?:
Other Bid /
Contract:
Yes
Bid Number:
06-0020-PR
Bid Exceptions:
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
10
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1
1
CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
Myron A. Smith
Bayview Park
Civil Work
Project #06-0020-PR
prepared for
~ Clearwater
-
u
ISSUED FOR BID
May/2006
ill>
. ~
ADDENDUM NO.2
DATED:
June 20, 2006
TO THE DRAWINGS AND PROJECT MANUAL FOR:
FOR:
CITY OF CLEARWATER
Myron A. Smith Bayview Park Civil Work (06-0020-PR)
DATED:
June 2006
PREPARED BY:
PARKS AND RECREATION DEPARTMENT
100 S. MYRTLE AVE.
CLEARWATER, FLORIDA 33756
PHONE:
FAX:
727-562-4840
727-562-4825
THIS ADDENDUM NO. 2 ISSUED TO CLARIFY, CONTRACTORS SCOPE OF WORK AND
TECHNIAL DETAILS. RENOVATIONS OF THE CONTRACT DOCUMENTS FOR THIS WORK,
CONSTITUTES A PART OF THE CONTRACT DOCUMENTS. ACKNOWLEDGE RECEIPT OF
THIS ADDENDUM ON THE PROPOSAL FORM.
PART I
Bidder's Proposal Sheet
Item No.1
Contract Documents and Technical Specs, Section V, Page 14
Bidder's Proposal-Unit Prices
. Tree barricades are to be the responsibility of the City of Clearwater and not included in the scope
of work by the contractor.
END OF ADDENDUM NO.2
I
ADDENDUM NO.1
DATED:
June 16, 2006
TO THE DRAWINGS AND PROJECT MANUAL FOR:
FOR:
CITY OF CLEARWATER
Myron A. Smith Bayview Park Civil Work (06-0020-PR)
DATED:
June 2006
PREP ARED BY:
PARKS AND RECREATION DEPARTMENT
100 S. MYRTLE AVE.
CLEARWATER, FLORIDA 33756
PHONE:
FAX:
727-562-4840
727-562-4825
THIS ADDENDUM NO. 1 ISSUED TO CLARIFY, CONTRACTORS SCOPE OF WORK AND
TECHNIAL DETAILS. RENOVATIONS OF THE CONTRACT DOCUMENTS FOR THIS WORK,
CONSTITUTES APART OF THE CONTRACT DOCUMENTS. ACKNOWLEDGE RECEIPT OF
THIS ADDENDUM ON THE PROPOSAL FORM.
PART I
Construction Details
Item No.1
Construction Drawings, Layout Plan, Sheet C-l
1/ A Retaining Wall Detail
Handrail deleted from contract and installed by others.
Item No.2
Construction Drawings, Detail and Specs, Sheet C-4
Delete detail 4/D Header Curb Detail.
Substitute new detail attached Header Curb Detail 4/0
END OF ADDENDUM NO.1
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ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
lVIYRON A. SMITH BAYVIKW PARK CIVIL WORK
CONTRACT (06-0020-PR)
CLEAR\V A TER, FLORIDA
Copies of the Contract Documents and Plans for this project are available for inspection and/or
purchase by prospective bidders at the Municipal Services Bldg., Public 'W orks Administration
Office, 2nd Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30
p.m. Monday thru Friday, ON \VEDNESDAY, IVIA Y 24, 2006, until no later than close of business
three days preceding the bid opening. A charge of $60.00 none of which will be refunded will be
made for each set.
THE 'YORK FOR 'VHICH PROPOSALS ARE INVITED CONSISTS OF THE
CONSTRUCTION OF A NE\V BIKE/PEDESTRIAN TRAIL (8-FEET WIDE) TO
TOTAL 2300 LINEAR FEET. TRt\.IL TO BE A TOTAL OF 9 FEET 'VIDE WITH THE
INCLUSION OF A 6-INCH HEADER CURB 01'\ EACH SIDE. INCLUDED IN THE
PROJECT WILL BE A 56 LINEAL FOOT RETAINING 'VALL. PROJECT SITE IS
LOCATED AT 3035 GULF TO BAY BLVD., CLEAR\VATER, FL 33759, TOGETHER
'VITH NECESSARY APPURTENAi\'CES TO COMPLETE THIS PROJECT.
A RECOMMENDED Pre-Bid Conference is scheduled for all prospective bidders to be held on
THURSDAY, JUNE 15, 2006, 11:00 A.M., at the Municipal Services Building, First Floor,
Human Resources Conference Room #130, located at 100 S. Myrtle Avenue, Clearwater, Florida.
Representatives of the Owner and Consulting Landscape Architect will be present to discuss this
project.
Sealed proposals will be received by thePurchasin2; JVlana2;er, at the Purchasin2; Office, located
at the Municipal Services Bld2;., 100 So. Mvrtle Ave., 3rd Floor, Clearwater, Florida 33756-
5520, unti11:30 P.lVI. on WEDNESDAY, JUNE 21, 2006, and publicly opened and read at that
hour and place for MYRON A. SMITH BA YVIE\V PARK CIVIL 'YORK (06-0020-PR).
A complete bidders package containing plans, specifications, bond fonns, contract tonn, at1ldavits
and proposal torm is available only to City pre-qualified contractors in the construction
category of CONCRETE FLAT 'YORK; EXCAVATION/SITE \VORK/CHANNEL
STABILIZATION; ROADWAY AND PARKING LOT CONSTRUCTION with a minimum
pre-qualification amount of $250,000.00.
Contractors, suppliers, or others who are not pre-qualified but 'vvho may be interested as a possible
subcontractor, supplier, etc., may purchase a "Subcontractor" package consisting of plans,
specifIcations, and pay items worksheet.
A 10% bid bond is required tor all City of Clearwater projects.
The right is reserved by the City f'v'lanager ofthe City of Clean vater, F101ida to reject any or all bids.
The City of Clearwater, Florida
William B. Home, 11, City Manager
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
SECT ION II ................................................................................................................................... i
1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1
2 QUALIFICATION OF BIDDERS .................................................................................. 1
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE ................................. 1
4 INTERPRET A TIONS AND ADDENDA ....................................................................... 2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME.. .... ...... .... ............ ......................... ..................................................... 3
7 LI QUID A TED D AMA GES ... ........ ...... ....... .......... ................................... ....... ................. 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 S UBCO NTRA CTO RS ... ........... ...... ... .... ...................................................... ............ ......... 3
10 BID/PRO POSAL FORM ...... .......... ........... ................... ......................... .......................... 4
11 SUBMISSION OF BIDS .................................................................................................. 4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS ...... ....... ..................................................... ............ ...................... 5
14 DISQ U ALIFI CA TI ON OF BIDDER.............................................................................. 5
15 OPENING OF BIDS ........... ............................................................ ............. ..................... 5
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5
17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ............................. 6
18 A'V ARD OF CONTRACT ............................................................................................... 7
19 BID PROTEST .... ......... .... ........ ........ ............ ... ... ............... ................................................ 7
20 TREN CH SAFE TY ACT ........ ........................ .............................................. ................... 8
SectionII.doc
Revised: 5111/2005
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
S ECTI ON n ... ............... ............ ..... ........ ............. ....... ...... .......... ............. ........................... ............ i
1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1
2 QUALIFICATION OF BIDDERS .................................................................................. 1
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE ................................. 1
4 INTERPRET A TIONS AND ADDENDA ............................................~.......................... 2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME ...................... .................. ..................... .... ................... ........ ...... ........ 3
7LI Q UIDA TED DAMAGES ................... ................................................ .......................... 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 S UBCO NTRA CTO RS..... .............. ............... ............. ........ ................ .................... ..... ...... 3
10 BID/PRO POSAL FORM ............................ ............ ......................................................... 4
11 SUBMISSION OF BIDS ......................................... ......................................................... 4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS ....................................................................................................5
14 DISQU ALIFI CATION OF BIDDER................ ..................... ......................................... 5
15 OPENING OF BIDS .... ................. ........ ................... ....... .... ..... ....... ........ ............. ............. 5
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5
17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ............................. 6
18 AWARD OF CONTRACT ............................................................................................... 7
19 BID PROTEST.......... ...................................... ................ ................ ......... ................ .......... 7
20 TRENCH SAFETY ACT ................................................................................................. 8
SectionlI
Revised: 5/11/2005
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SECTION III
GENERAL CONDITIONS
Table of Contents:
S ECTI 0 N III.. ........................... ........ .......................................................... ..................... .............. i
GENERAL CONDITIONS.....,..................................................................................... ..... ......... i
DEFINITIONS.......... ........................................................................................................ 1
PRELIMINARY MATTERS ....... ....... ......................................... ............ ...... ........... ........ 4
DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 4
COPIES OF DOCUMENTS...................................................... ...................................... 4
COMMENCEMENT OF CONTRACT TIMEINOTICE TO PROCEED; STARTING
THE PROJECT .......... ...... .... ........ ... .......... ...... ........ .... ... ... ......... ........ ....... ....................... 4
2.4 BEFORE STARTING CONSTRUCTION.... ..... ........ ......... ............. .............................. 5
2.5 PRECONSTRUCTION CONFERENCE. ...... ............. ......... ...... ....... ..... ................. ........ 5
1
2
2.1
2.2
2.3
CONTRACT DOCUMENTS, INTENT ......................................................................... 5
INTENT............................ ................................ u............................................................. 5
REPORTING AND RESOL VIN G DISCREPANCIES.................................................. 6
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS........... ..... ............................................................. .......... ...... ....... 6
4.1 AVAILABILITY OF LANDS...........................u.......................................... .................. 6
4.2 INVESTIGA TrONS AND REPORTS .................... ........ ....................... ......................... 6
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ..................................... 7
4.4 REFERENCE POINTS......................................................................................... ........... 7
5 BONDS AND INSURANCE ............................................................................................ 7
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................... 7
5.2 INSURANCE ............ .................................... ....... .......... ............................. .......... ..... ...... 8
5.2.1 WORKER'S COMPENSATION INSURANCE........................................................... 9
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE.............................. 9
5. 2.3 COMPREHENSIVE A UTOMOBILE LIABIliTY.................................................... 10
5 .3 WAIVER OF RIGHTS................................... .............................. .................. ............... 10
CONTRA CTO RS RESPONSffiILITIES .............. ............ .................... ....................... 11
SUPERVISION AND SUPERINTENDENCE ............................................................. 11
LABOR, MATERIALS AND EQUIPMENT............................................................... 11
SUBSTITUTES AND "OR EQUAL" ITEMS ........................ ..................... ........ ......... 12
RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 12
USE OF PREMISES..... ............. ...... ............ .... ................. ............................ ...... ........... 13
LICENSE AND PATENT FEES, ROYALTIES AND TAXES ...................................14
LAWS AND REGULATIONS.. ......... ........... ........................... ................ ...... ............... 14
PERMITS.. .. . .. .. .. . .. .. .... . .. .. . .. . .. . . .. .. .. . . . .. .. .. .. .. .. .. .. . .. .. .. .. .. . . . .. . .. . .. . . .. .. . .. . . . . .. . .. .. .. .... .. .. .. .. .. ... 14
SAFETY AND PROTECTION........................................ ................ .......... .......... ......... 15
EMERGENCIES.. ........ .................... ......................................................... ............ ......... 15
DRAWINGS ...................... ........................................ ................ ...................... ............... 16
3
3.1
3.2
4
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
SectionIIl
Revised: 5/1112005
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Section IIl- General Conditions
6.11.1 SHOP DRA WINGS AND SAMPLES ..... ............................ ......... ........ ..................... 16
6.11.2 AS-B UILT DRA WINGS.................... ...... .... ............ ............. ..... .................... ........ .... 17
6.11.3 CAD STANDARDS....................... .... ............................. ........................................... 19
6.11.4 DELIVERABLES:.. ..... ..................... .n.................................... ......... ................ ........ 20
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 21
6.13 CONTINUING THE WORK ........ ....... ..... ...... ............... ........:..... ................................. 21
6.14 INDEMNIFICATION........................................................... ......................................... 21
7 OTHER WORK........... .......................... ........................................................... .............. 22
7.1 RELATED WORK AT SITE ........................................................................................ 22
7 .2 COORDINATION. ..... ........... ......... ...... ..._.............. ........... ...... ....... ...... ........... ............... 23
8 OWNERS RESPONSIBILITy............. ......................... ............... ................................. 23
9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 23
9.1 OWNERS REPRESENTATIVE ..................................................................... .............. 23
9 .2 CLARIFICATIONS AND INTERPRET A nONS.......................... ................ .............. 24
9.3 REJECTING OF DEFECTNE WORK .._..................................... ........ .......... ....... ....... 24
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS .................................. 24
9.5 DECISIONS ON DISPUTES............... ............................................................. ............ 24
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ........................................... 25
10 CHANGES IN THE WORK.......................................................................................... 25
11 CHANGES IN THE CONTRACT PRICE................................................................... 26
11.1 CHANGES IN THE CONTRACT PRICE.. ..................................................... ............. 26
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 27
11.3 UNIT PRICE WORK .................................................................................................... 27
12 CHANGES IN THE CONTRACT TIME ....................................................................28
13 TESTS AND INSPECTIONS, CORRECfION, REMOVAL OR ACCEPTANCE
OF D EFE CTIVE WORK....... .......... ............................................................... ............... 28
13.1 TESTS AND INSPECTION......................................................... .............. ........ ........... 28
13.2 UNCOVERING THE WORK................. ............................ ........................... ................ 29
13.3 ENGINEER MAY STOP THE WORK ........................................................................ 29
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 30
13.5 WARRANTY/CORRECTION PERIOD ...................................................................... 30
13.6 ACCEPTANCE OF DEFECTIVE WORK ................................................................... 30
13.7 OWNER MAY CORRECT DEFECTIVE WORK ....................................................... 30
14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 31
14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 31
14.2 CONTRACTOR'S WARRANTY OF TITLE ............................................................... 32
14.3 REVIEW OF APPLICA nONS FOR PROGRESS PAYMENTS ................................32
14.4 PARTIAL unLIZA TION ............ ....... ............. ................................. ............. .............. 33
14.5 FINAL INSPECTION.. .................. ....... .... ......................................... ........................... 33
14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 33
14.7 FINAL PAYMENT AND ACCEPTANCE....... ......... .......................... ......................... 34
14.8 WAIVER OF CLAIMS ....... ....... .......... .......................... .............. .... ....... ...... ..... ........... 34
SectionIIl
ii
Revised: 5111/2005
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION .................................................... 35
15.1 OWNER MAY SUSPEND THE WORK...................................................................... 35
15.2 OWNER MAY TERMINATE ..................... ........ ... ....... ............................................... 35
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 36
16 D IS PUTE RES 0 L UTI ON ....... .................. ........ .............. ........ .............. .............. ........... 36
17 MISCELLANEOUS ..... ....... ....................................... ...... .... ................. ......................... 37
17 .1 SUBMITTAL AND DOCUMENT FORMS.. ...... ....... ...... .............. .............. ................ 37
17.2 GIVING NOTICE........ ............ ........ ............................ ....... ....... ........... ........... .............. 37
17.3 NOTICE OF CLAIM..... ..... ...... ..................................... ..... .......... ...................... ........... 37
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37
17.5 ASSIGNMENT OF CONTRACT ........ ......................... ....... ..... ........... ......................... 37
17 .6 RENEWAL OPTION ............................................................................ ............ ............ 37
SectionIlI
Revised: 5/11/2005
111
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SECTION IV
TECHNICAL SPECIFICATIONS
Table of Contents:
S ECTI ON IV .................................................................................................................................. i
TECHNICAL SPECIFICATIONS............... ............. .......... ................... ........... ............. .............. i
1. SCOPE 0 F WORK.. .............................. ................................. .......... ..................................... 1
SCOPE DESCRIPTION........ .......... .................... .......... ........................ .............. ............ ........... 1
SCOPE OF WORK CHECKLIST.............................................................................................. 3
2. LINE, GRADE AND RECORD DRAWINGS..................................................................... 5
LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR ........................... 5
3 . DEFINITION OF TERMS ........................... ...... ..................... ........ .............. ....................... 5
4. ORDER AND LOCATION OF THE WORK ...................................................................... 6
5. EXCAVATION FOR UNDERGROUND WORK................................................................ 6
6. CON CRE TE ............................................................................................................................. 7
7. EXCAVATION AND FORMS FOR CONCRETE WORK ................................................ 7
EXCAVATION... ... ... .... ....... ........... .... ... ....... ....... ......... .......... .... ........................ ........ ........... ...... 7
FORMS.. .. .. .. .. .. .. . .. .. .. .. . . . . .. .. .. . . .. . . . . .. .. .. .. . .. .. . .. .. . .. . . .. .. . . . .. .. .. .. . .. . .. . . . . .. .. .. . .. . .. . .. .. . . .. .. .. ... .. .. .. .. .. ... .. ... 8
8. REINFO R CEME NT................................................................................................................ 8
BASIS OF PAyMENT......................... ....... ................. .......................... ....... ............. ......... ....... 8
9. 0 BS TR U CTI 0 N S................................................................................................................... 8
10. RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS
AND STREET PAVEMENT ............................................................................................ 8
11. WORK IN EASEMENTS OR PARKWAYS ........................................................................ 9
17. UNSUITABLE MATERIAL REMOVAL ...................................................................... 10
BASIS OF MEASUREMENT.. ........ ................. ........................... ........... ................... ...... ........ 10
BASIS OF PAYMENT ....... ................................................................................ ...................... 10
19, S TO RM SEWERS ................................................. .... ............................ ............................ 10
AS BUILT INFORMATION.............. ........ ......... .............. .............................. ............ ........ ...... 10
TESTING........................................................................................................................ .......... .11
BASIS OF PAYMENT........ ......... ............ ........................................................... ...... .......... ......11
21. DRAINAGE ....... .................................................. ............. ..... ................. .............. ...............11
23. ASPHALTIC CONCRETE MATERIALS ........................................................................11
ASPHALTIC CONCRETE.... ........................ ............................. ................................... ......... ...11
AGGREGATE........................................................................................................................ .11
BITUMINOUS MATERIALS................................................................................................. .11
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT & QUALITY
AS SURAN CE .............................................................................................................. 12
ASPHALT MIX DESIGNS AND TyPES........ ................. ...... ...... ............... ............................ 12
ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS ........................................... 13
GENERAL CONSTRUCTION REQUIREMENTS ... ........ ............... ............... ....... ................ 13
CRACKS AND POTHOLE PREPARATION .............. ................ ............ ...... .......................... 14
CRACKS 14
POTHOLES........................................................................................................................... 14
ADJUSTMENT OF MANHOLES............................................................... ...... ....... ........ ....... 14
ADDITIONAL ASPHALT REQUIREMENTS............................................... ............ ...... ....... 15
SUPERPA VE ASPHALTIC CONCRETE....................................................... .......... ............... 15
BASIS OF MEASUREMENT .......... ................... ............................................ ..................... .... 16
BASIS OF PAYMENT ........................................... ............. .................... ...................... ........... 16
24. ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT .................................. 16
29. CONCRETE CURBS ......................................................................................................... 17
BASIS OF MEASUREMENT................ .................... ................... ................. ........... ............... 17
BASIS OF PAYMENT ........................ ....................................... .............. ..... ........ ..... ............... 17
34. MATERIAL USED ............................................................................................................. 17
35. CONFLICT BETWEEN PLANS AND SPECIFICATIONS .......................................... 17
38. EROSION AND SILTATION CONTROL ...................................................................... 17
STABILIZATION OF DENUDED AREAS ....... ............. .............. ........ ................................... 17
PROTECTION AND STABILIZATION OF SOIL STOCKPILES ......................................... 18
PROTECTION OF EXISTING STORM SEWER SySTEMS................................................ 18
SEDIMENT TRAPPING MEASURES................. ............................................... ............. ....... 18
SEDIMENTATION BASINS ............ ............................................... ............. ............ ........ ....... 18
WORKING IN OR CROSSING WATERWAYS OR WATERBODlES .................................. 18
SWALES, DITCHES AND CHANNELS ........... ........ ....... ........... ............ ...................... ......... 19
UNDERGROUND UTILITY CONSTRUCTION ................................................................... 19
MAINTENANCE..................................................................................................................... 19
COMPLIANCE..................................................................................................................... .... 19
40. AWARD OF CONTRACT, WORK SCHEDULE & GUARANTEE ............................. 22
44. WORK ZONE TRAFFIC CONTROL ............................................................................. 22
CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL .....................22
WORK ZONE TRAFFIC CONTROL PLAN .......................................................................... 22
WORK ZONE SAFETY....................................................................................... .................. 22
ROADWAY CLOSURE GUIDELINES... .................. ......... ......................... ..... ........ ............... 23
ALL ROAD WAyS...................................................................................................... ............. 23
MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS................................. 23
MAJOR ARTERIALS, MINOR ARTERIALS ................................ ... ...................................... 23
MAJOR ARTERIALS................................................................................................... .......... 24
APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN............................................... 24
INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION ................................24
PAYMENT FOR WORK ZONE TRAFFIC CONTROL ......................................................... 24
50. PROJECT INFORMATION SIGNS ............................................................................... 24
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
SCOPE AND PURPOSE.......................................................................................................... 24
TYPE OF PROJECT SIGN, FIXED OR PORTABLE............................................................. 24
FIXED SIGN................................................................................................................... ......... 24
PORTABLE SIGNS......................................................................................................... ......... 25
SIGN COLORING.................................................................................................................... 25
SIGN PLACEMENT ... ...... ..... .............................. ........................................... ....... ...... ............ 25
SIGN MAINTENANCE...................... ................................................................ ....... .............. 25
TYPICAL PROJECT SIGN. ........................ ......... ................................ ............... ........ ............. 25
52. RESIDENT NOTIFICATION OF START OF CONSTRUCTION ........................... 26
52.1 RESIDENT NOTIFICATION PERFORMED BY CITy.............................................. 26
52.2 RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR........................ 26
56. CLEARING AND GR UBBIN G ..... ........ ....... ....................... ........ ...................................... 28
BASIS OF MEASUREMENT....... ...... ............................................................ ....... .... .............. 28
BASIS OF PAyMENT.... ................................................................................ ............... .......... 28
59. TRAFFIC SIGNAL EQUIPMENT AND MATERIALS.................................................. 28
BASIS OF MEASUREMENT AND PAyMENT.... .......... .................. .......... ........................... 28
62. TREE PR OTE CTI ON.............................................................................................. .......... 29
TREE BARRICADES.... .............................................. ................. ........ ....................... ............ 29
ROOT PRUNING .......... ...... ..... .............................................................................. ...... ............ 29
PROPER TREE PRUNING ...... ...................................... ........................... ........ ............. .......... 30
Section IV - Scope of Work Checklist-Civil.doc
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SECTION II
INSTRUCTIONS
TO
BIDDERS
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Section II - Instructions to Bidders
1 COPIES OF BIDDING DOCUMENTS
1.1 Complete sets of the Bidding Documents are available for the sum stated in the
Advertisement for Bid from the Office of the Purchasing Manager. This amount represents
reproduction costs and is non-refundable. A complete bidders package containing plans~
specifications, bond forms, contract form, affidavits and bid/proposal form is available only
to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person may purchase a
"Subcontractor" package consisting of plans, specifications, and list of pay items.
1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor
the Engineer shall be liable for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents, by Bidders, sub-bidders or others.
1.3 The City, in making copies of Bidding Documents available on the above terms, does so
only for the purpose of obtaining Bids on the Work and does not confer a license or grant
any other permission to use the documents for any other purpose.
2 QUALIFICATION OF BIDDERS
2.1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the
City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial
resources and experience to perform the work in a satisfactory manner before obtaining
drawings, specifications and contract documents. An application package for pre-
qualification may be obtained by contacting the City of Clearwater, Engineering
Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-
4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street
address only) or by phone at (727) 562-4750. All qualification data must be completed and
delivered to the Director of Engineering at the above address not later than fourteen (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
do not have to make reapplication.
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions that may in
any manner affect cost, progress, performance or furnishing of the work; (c) consider and
abide by all applicable federal, state and local laws, ordinances, rules and regulations; and
(d) study and carefully correlate Bidder's observations with the Contract Docmnents, and
notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification
of those reports of explorations and tests of subsurface conditions at the site which have
been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely
upon the accuracy of the technical data contained in such reports but not upon non-technical
data, interpretations or opinions contained therein or for the completeness thereof for the
purposes of bidding or construction. In reference to those drawings relating to physical
conditions of existing surface and subsurface conditions (except Underground Facilities)
which are at or contiguous to the site and which have been utilized by the Engineer in
preparation of the Contract Documents, bidder may rely upon the accuracy of the technical
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3.3
3.4
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3.7
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SectionII
Section II -Instructions to Bidders
data contained in such drawings but not upon the completeness thereof for the purposes of
bidding or construction.
Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site are based upon information and data furnished to the
City and Engineer by owners of such Underground Facilities or others, and the City does not
assume responsibility for the accuracy or completeness thereof unless expressly provided in
the Contract Documents.
Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities, other physical conditions,
possible conditions, and possible changes in the Contract Documents due to differing
conditions appear in the General Conditions.
Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing the work in accordance with the time, price and other
terms and conditions of the Contract Documents.
On request in advance, City will provide each Bidder access to the site to conduct such
explorations and tests at Bidder's own expense as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former
condition upon completion of such explorations and tests.
The lands uponwhich the Work is to be performed, rights-of-way and easements for access
thereto and other lands designated for use by the Contractor in performing the Work: are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities or storage of materials and equipment are to be provided by
the Contractor. Easements for permanent structures or permanent changes in existing
structures are to be obtained and paid for by the City unless otherwise provided in the
Contract Documents.
The submission of a Bid will constitute an unequivocal representation by the Bidder that the
Bidder has complied with every requirement of these Instructions to Bidders and that,
without exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents by such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey understanding
of all terms and conditions of performance and furnishing of the work.
INTERPRETATIONS AND ADDENDA
All questions as to the meaning or intent of the Contract Documents are to be directed to the
Engineer. Interpretations or clarifications considered necessary by the Engineer in response
to such questions will be issued by Addenda, either by mail or facsimile transmission, to all
parties recorded by the Purchasing Manager as having received the Bidding Documents.
Questions received less than ten (10) days prior to the date for opening of Bids may not be
answered. Only information provided by formal written Addenda will be binding. Oral and
other interpretations of clarifications will be without legal effect.
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Section 11- Instructions to Bidders
4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the
City or Engineer.
5 BID SECURITY OR BID BOND
5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in
. an amount equal to ten percent (10%) of the Bidder's maximum Bid price and in the form of
a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the
requirements of the General Conditions. A cash bid bond will not be accepted.
5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Payment and Performance bonds, whereupon the
Bid Security will be returned. If the Successful Bidder fails to execute, deliver the
Agreement and furnish the required Bonds within ten (10) days after the award of contract
by the City Commission, the City may annul the bid and the Bid Security of the Bidder will
be forfeited. The BId Security of any Bidder whom the City believes to have a reasonable
chance of receiving the award may be retained by the City until the successful execution of
the agreement with the successful Bidder or for a period up to ninety (90) days following bid
opening. Security of other Bidders will be returned approximately fpurteen (14) days after
the Bid opening.
5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company
qualified to do business in, and having a registered agent in the State of Florida.
6 CONTRACT TIME
6.1 The number of consecutive calendar days within which the work is to be completed is set
forth in the Technical Specifications.
7 LIQUIDATED DAMAGES
7.1 Provisions for liquidated damages are set forth in the Contract Agreement.
8 SUBSTITUTE MATERIAL AND EQUIPMENT
8.1 The contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications
that a substitute or "or equal" item may be furnished or used, application for its acceptance
will not be considered by the Engineer until after the effective date of the Contract
Agreement. The procedure for submittal of any such application is described in the General
Conditions and as supplemented in the Technical Specifications.
9 SUBCONTRACTORS
9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so
requested, shall, within seven (7) days after the date of the request, submit to the Engineer
an experience statement with pertinent information as to similar projects and other evidence
of qualification for each Subcontractor, supplier, person and organization to be used by the
Contractor in the completion of the Work. The amount of subcontract work shall not exceed
fifty percent (50%) of the Work except as may be specifically approved by the Engineer. If
the Engineer, after due investigation, has reasonable objection to any proposed
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9.2
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10.1
10.2
10.3
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SectionIl
Section II - Instructions to Bidders
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Subcontractor, supplier, other person or organization, he may, before recommending award
of the Contract.
Agreement to the City Commission, request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. If the Successful Bidder
declines to make any such substitution, the City may award the contract to the next lowest
and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer does not make written objection prior to the recommendation of award to the
City Commission will be deemed acceptable to the City subject to revocation of such
acceptance after the Effective Date of the Contract Agreement as provided in the General
Conditions.
No Contractor shall be required to. employ any Subcontractor, supplier, person or
organization against whom he has reasonable objection.
BID/PROPOSAL FORM
The BidJProposal Form is included with the Contract Documents and shall be completed in
ink or by typewriter. All blanks on the BidJProposal Forms must be completed. The Bidder
must state in the Bid/Proposal Form in words and numerals without delineation's, alterations
or erasures, the price for which he will perform the work as required by the Contract
Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump
sum for each section or item shall be for furnishing all equ,ipment, materials, and labor for
completing the section or item as per the plans and contract specifications. Should it be
found that quantities or amounts shown on the plans or in the proposal, for any part of the
work, are exceeded or should they be found to be less after the actual construction of the
work, the amount bid for each section or item will be increased or decreased in direct
proportion to the unit prices bid for the listed individual items.
Bids by corporations shall be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal shall be affixed. The corporate address and state of incorporation shall be
shown below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall produce evidence satisfactory to the City of the person's authority to bind
the corporation or partnership.
Bids by partnerships shall be executed in the partnership name and signed by a general
partner, whose title shall appear under the signature and the official address of the
partnership shall be shown below the signature.
All names shall be typed or printed below the signature.
SUBMISSION OF BIDS
Sealed Bids shall be submitted at or before the time and at the place indicated in the
Advertisement for Bids and shall be submitted in the bid envelope provided with the bid
documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the
notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
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12.2
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13.1
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14.1
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15.1
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16.1
SectionlI
Section II - Instructions to Bidders
Advertisement until the time and date specified. Telegraphic or facsimile bids received by
the Purchasing Manager will not be accepted.
MODIFICATION AND WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person
duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to
submit a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn or modified.
After a bid is received by the City, the bidder may request to modify the bid for
typographical or scrivener's errors only. The bidder must state in writing to the City that a
typographical or scrivener's error has been made by the bidder, the nature of the error, the
requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or
modify any bid.
REJECTION OF BIDS
To the extent permitted by applicable State and Federal laws and regulations, the City
reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds
for the rejection of a bid include but are not limited to a material omission, unauthorized
alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or
irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established by the
City. The City reserves the right to decide which bid is deemed to be the lowest and best in
the interest of the public.
DISQUALIFICATION OF BIDDER
Any or all bids will be rejected if there is any reason for believing that collusion exists
among the bidders, the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit
contained in the Contract Documents.
OPENING OF BIDS
Bids will be opened and read publicly at the location and time stated in the Advertisement
for Bids. Bidders are invited to be present at the opening of bids.
LICENSES, PERMITS, ROYALTY FEES AND TAXES
The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as
specifically stated otherwise in the Technical Specifications. The Contractor shall comply
with all Federal and State Laws, County and Municipal Ordinances and regulations, which
in any manner effect the prosecution of the work. City of Clearwater building permit fees
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17.1
SectionlI
Section 11- Instructions to Bidders
16.2
and impact fees will be waived except as specifically stated otherwise in the Technical
Specifications.
The Contractor shall assume all liability for the payment of royalty fees due to the use of any
construction or operation process, which is protected by patent rights except as specifically
stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be
stated by the Contractor.
.
The Contractor shall pay all applicable sales, consumer, use and other taxes required by law_
The Contractor is responsible for reviewing the pertinent State Statutes involving the sales
tax and sales tax exemptions and complying with all requirements.
IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE
In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor
Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders
with drug-free workplace programs. Whenever two or more bids which are equal with
respect to price, quality, and service are received by the City for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie bids Will be followed if none or all of the tied
bidders have a drug-free workplace program. In order to have a drug-free workplace
program, a contractor shall supply the City with a certificate containing the following six
statements and the accompanying certification statement:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution"
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
(2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employ~e assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled
substance law, of the United States, or of any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
I certify that this firm does/does not (select only one) fully comply with the above
requirements.
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Section II - Instructions to Bidders
18 AWARD OF CONTRACT
18.1 Discrepancies between words and figures will be resolved in favor of words.
Discrepancies in the multiplication of units of work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of
. figures and the correct sum thereof will be resolved in favor of the correct sum.
18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements, unit prices, and other data as may
be requested in the BidJProposal form. The City may consider the qualifications and
experience of Subcontractors, suppliers and other persons and organizations proposed by
the Contractor for the Work. The City may conduct such investigations as the City
deems necessary to assist in the evaluation of any Bid and to es.tablish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and
other persons, and organizations to perform and fumish the Work in accordance with the
Contract Documents to the City's satisfaction within the prescribed time.
18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive
Bidder whose evaluation by the City indicates to the City that the award will be in the
best interest of the City.
18.4 Award of contract will be made for that combination of base bid and alternate bid items
in the best interest of the City, however, unless otherwise specified all work awarded will
be awarded to only one Contractor.
19 BID PROTEST
19.1 RIGHT TO PROTEST: . Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of his/her complaints initially with
the Purchasing Manager, and if not ~atisfied, with the City Manager, in accordance with
protest procedures set forth in this section.
19.2 PROTEST PROCEDURE:
A. A protest with respect to the specifications of an invitation for bid or request for
proposal shall be submitted in writing a minimum of five (5) work days prior to the
opening of the bid or due date of the request for proposal. Opening dates for bids or
due dates for requests for proposal will be printed on the bid/request document itself.
B. Protests in respect to award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated.
Exceptions to the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could have not been reasonably expected to have
knowledge of the facts giving rise to such protest prior to the bid opening, posting of
intent to award, or due date for requests for proposals. Request for exceptions
should be made in writing, stating reasons for the exception.
The Purchasing Manager shall respond to the formal written protest within five
business days of receipt. The Purchasing Manager's response will be fully
C.
D.
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Section II - Instructions to Bidders
19.3
coordinated with the appropriate Department Director and the Assistant City
Manager.
E. If the protestor is not satisfied with the response from the Purchasing Manager~
he/she may then submit in writing within five business days of receipt of that
response his/her reason for dissatisfaction, along with copies of his/her original
formal protest letter and the response from the Purchasing Manager, to the City
Manager.
F. The City Manager as Purchasing Agent for the City has the final authority in the
matter of protests. The City Manager will respond to the protestor within ten work
days of receipt of the appeal.
STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the
Purchasing Manager shall not proceed with the solicitation or award of contract until all
administrative remedies have been exhausted or until the City Manager makes written
determination that the' award of contract without delay is necessary to protect the best
interest of the City.
20
20.1
TRENCH SAFETY ACT
The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections
553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and
Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650
Subparagraph P, or current revisions of these laws.
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SECTION III
GENERAL
CONDITIONS
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Section III - General Conditions
1 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of Bids which clarify, correct
or change the Bidding Requirements or the contract documents.
Agreement
The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Application for Payment
The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
Approve
The word approve is defined to mean satisfactory review of the material, equipment or
methods for general compliance with the design concepts and with the information given
in the Contract Documents. It does not imply a responsibility on the part of the Engineer
to verify in every detail conformance with the Drawings and Specifications.'
Bid
The offer or proposal of the bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
Bidding Documents
The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the
proposed Contact Documents (including all Addenda issued prior to receipt of Bids).
fJonds
Performance and payment bonds and other instruments of security.
Change Order
A written order to Contractor signed by Owner and Contractor authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued on or after the effective date of the Agreement.
City
The City of Clearwater, Florida.
Contract Documents
The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the bid and any post-Bid documentation
submitted prior to the execution of the Agreement) when attached as an exhibit to the
Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits
identified in the Agreement, together with all Modifications issued after the execution of
the Agreement.
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for performing the Work.
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Section III - General Conditions
Contract Time
The number of days or the date stated in the Agreement for the completion of the Work.
Contractor
The Person with whom the Owner has entered into the Agreement.
Day
A calendar day of twenty- four hours measured from midnight to the next midnight.
Defective
An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to Engineers recommendation of final
payment.
Drawings
The drawings, which will be identified in Technical Specifications or the Agreement,
which show the character and scope of the Work to be performed and which have been
prepared or approved by Engineer and are referred to in the contract documents. Shop
drawings are not Drawings as so defined.
Engineer
The duly appointed representative of the City Manager of the City of Clearwater. For the
purposes of this contract, the City Engineer or his duly appointed representative.
Engineer's Consultant
A Person having a contract with Engineer to furnish services as Engineer's independent
professional associate or consultant with respect to the Project and who is identified as
such in the Supplementary Conditions.
Furnish
The words "furnish", "furnish and install", "install", and "provide" or words of similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and
install complete in place and ready for service".
Inspection
The term "inspection" and the act of inspecting means examination of construction to
ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseemg.
Laws and Regulations
Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind
of governmental bodies, agencies, authorities and courts having jurisdiction.
Liens
Liens, charges, security interests or encumbrances upon real properly or personal
property.
Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
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Revised: 5/11/2005
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Section III - General Conditions
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
Person
A natural person or a corporation, partnership, firm, organization, or other artificial
entity.
Project
The total construction of which the Work to be provided under the Contract Documents
may be the whole or a part as indicated elsewhere in the Contract Documents.
Partial Utilization
Use by Owner of a substantially completed part of the Work for the purpose for which is
intended (or a related purpose) prior to Final Completion of all the Work.
Shop Drawing
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
supplier and submitted by Contractor to illustrate material or equipment for some portion of the
Work.
Specifications
Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
Subcontractor
A person having a direct contract with Contractor or with any other Subcontractor for the
performance of a part of the Work at the site. .
Substantial Completion
The Work (or a specified part thereof) which has progressed to the point where, in the
opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract documents, so
that the Work (or specified part) can be utilized for the purposes for which it is intended;
or if no such certificate is issued, when the Work is complete and ready for final payment
as evidenced by the Engineer's recommendation of final payment. The terms
"substantially complete" and "substantially completed" as applied to all or part ofthe
Work refer to Substantial Completion thereof.
Supplementary Conditions
The part of the Contract which amends or supplements these General Conditions.
Supplier
A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by the Contractor.
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Section III - General Conditions
Surety
Any person, firm or corporation which is bound with Contractor and which engages to be
responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
Underground Facilities
All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or treatment, traffic or other control systems or
water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Work
The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work includes and is the result
of performing or furnishing labor and incorporating materials and equipment into the
construction; and performing or furnishing services and furnishing documents, all as
required by the Contract Documents.
Work Change Directive
A written directive to Contractor, issued on or after the Effective Date of the Agreement
and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be
performed or emergencies. Work Change Directive will not change the Contract Price or
Contract Time, but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
2 PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this
contract.
2.2 COPIES OF DOCUMENTS
Engineer shall furnish to Contractor four copies of Contract Documents for execution.
Additional copies will be furnished, upon request, at the cost of reproduction.
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO
PROCEED; STARTING THE PROJECT
The Contract Time will commence on the day indIcated in the Notice to Proceed. Contractor
shall start to perform the work on the date the Contract Time commences to run. No work shall
be done at the site prior to the date which the Contact Time commences to run.
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Section 1Il- General Conditions
2.4 BEFORE STARTING CONSTRUCTION
Before undertaking each part of the Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or
discrepancy which Contractor may discover; and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work effected thereby; however"
Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in
the Drawings or Specifications, unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer,
either before or after the execution of this Contract, shall affect or modify any of the terms or
obligations herein contained. Contractor shall not commence any work at any time without
approved insurance required by these General Conditions. Failure to obtain this insurance will be
the sole responsibility of the Contractor.
2.5 PRECONSTRUCTION CONFERENCE
Within twenty days of Award of Contract and before the start of the Work, the Engineer may
schedule a conference to be attended by Contractor, Engineer and others as appropriate to
establish a working understanding among the parties as to the Work and to discuss the schedule
of the Work and general Contract procedures.
3 CONTRACT DOCUMENTS, INTENT
3.1 INTENT
The Contract Documents comprise the entire Agreement between the Owner and the Contractor
concerning the Work. They may be altered only by written agreement. The Contract Documents
are complementary; what is called for by one is as binding as if called for by all. It is the intent of
the Contract Documents to describe a functionally complete project (or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment
which may reasonably be inferred from the Contract Documents or from prevailing custom or
from trade usage as being required to produce the intended result will be furnished and
performed whether or not specifically called for. When words or phrases, which have a well-
known technical or construction industry or trade meaning, are used to describe Work, materials
or equipment, such words or phrases shall be interpreted in accordance with that meaning.
Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.
Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any governmental authority, whether such
reference be specific or by implication, shall mean the latest standard specification, manual or
code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated in the Contract Documents. However, no provision of any referenced standard
specification, manual or code (whether or not specially incorporated by reference in the
responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the
duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the Contract
shall be issued by Engineer. Each and every provision of law and clause required by law to be
inserted in these Contract documents shall be deemed to be inserted herein, and they shall be
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Section III - General Conditions
read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 AVAilABiliTY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 AVAilABiliTY OF lANDS
Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be Performed, rights-of-way, easements for access thereto, and such other lands which are
designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which contractor
will have to comply in performing the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided
in the Contract Documents.
4.2 INVESTIGATIONS AND REPORTS
Reference is made to the Supplementary Conditions and Technical Specifications for
identification of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparation of the Drawings and Specifications. Such
reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions at the site, or in an existing structure, differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise if further investigation or tests are necessary. Owner or Engineer shall
obtain the necessary additional investigations and tests and furnish copies to the Engineer and
Contractor. If Engineer finds that the results of such investigations or tests indicate that there are
subsurface or latent physical conditions,' which differ materially from those, indicated in the
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Section ill - General Conditions
contract Documents, and which could not reasonably have been anticipated by Contractor, a
work change or Change Order will be issued incorporating the necessary revisions~
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES
The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on infornlation and data furnished to
Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise
expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for
the accuracy or completeness of any such information or data; and the cost of all the following
will be included in the Contract Price and contractor shall have full responsibility for: (i)
reviewing and checking all such information and data, (ii) locating all Underground Facilities
shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of
such Underground Facilities during construction, and (iv) the safety and protection of all such
Underground Facilities and repairing any damage thereto resulting from the Work. The
Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER
prior to any excavation per State regulations and to notify any utility owners who are not a
member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any
excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the
protection and location of utilities prior to any excavation and contact number is available in
local telephone directory.
4.4 REFERENCE POINTS
Engineer shall provide engineering surveys to establish reference points for construction, which
in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and shall make no changes or relocations without the prior written approval of Owner.
Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's forces, after initial line and grade have been set, as determined by the
Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be
computed for actual time on the project. All time shall be computed in one-hour increments with
a minimum charge of one hour.
5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
Contractor's obligations under the Contract Documents. These bonds shall remain in effect at
. least one year after the date when final payment becomes due, unless a longer period of time is
prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish
such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the
form prescribed by the Contract Documents and shall be executed by such sureties as are named
in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on
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Section II1- General Conditions
Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of such
agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section
255.05, Florida Statutes, even if such language is not directly contained within the bond and the
Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves
the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared
bankrupt or becomes insolvent or its right to do business is tenninated in any state where any
part of the Project is located or it ceases to meet the requirements of these Contract Documents,.
the Contractor shall within five days after notice thereof substitute another Bond and surety, both
of which must be acceptable to the Owner.
5.2 INSURANCE
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of or result from Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed or
furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily
injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees; (iv) Claims for damages insured by customary personal injury liability
coverage which are sustained by any person as a result of an offense directly or indirectly related
to the employment of such person by Contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with
copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured)
which Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) -include contractual liability insurance covering Contractor's indemnity
obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days prior written notice has been given to the Owner, and Contractor and to each
other additional insured identified in the Supplemental Conditions to whom a certificate of
insurance has been issued (and the certificates of insurance furnished by the Contractor as
described in this paragraph); (v) remain in effect at least until final payment and at all times
thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Article for Correction of Defective Work; (vi) with respect to completed
operations insurance, and any insurance coverage written on a claims-made basis, shall remain in
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Section II1- General Conditions
effect for at least two years after final payment. Contractor shall furnish Owner and each other
additional insured identified in the Supplementary Conditions to whom a certificate of insurance
has been issued evidence satisfactory to Owner and any such additional insured, of continuation
of such insurance at final payment and one year thereafter and (vii) Name and telephone number
of the authorized insurance agent for the Insurer.
The limits of liability. for the insurance required shall provide coverage for not less than the
following amounts or greater where required by laws and regulations:
5.2.1 WORKER'S COMPENSATION INSURANCE
Contract Award Amount
Under $1,000,000.
Contract Award Amount
$1,000,000. and Over
(1) Workers' Compensation
Statutory
Statutory
(2) Employer's Liability
$500,000.
$1,000,000.
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. . Annual
Aggregate Aggregate
(2) Property Damage: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual . $1,000,000. Annual
Aggregate Aggregate
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
employment exclusion deleted Aggregate Aggregate
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Section III - General Conditions
5.2.3
COMPREHENSIVE AUTOMOBILE LIABILITY
including all owned (private and others), hired and non-owned vehicles:
Contract Award Amount
Under $1,000,000.
Contract Award Amount
$1,000,000. and Over
(1) Bodily Injury
$500,000. Each Person
$500,000. Each Accident
$1,000,000. Each Person
$1,000,000. Each Accident
(2) Property Damage
$500,000. Each
Occurrence
$1,000,000. Each
Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less than required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval from the Owner.
Lon2shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 D.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment of
benefits under the Act either by insuring with an insurance carrier authorized by the U.S.
Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
For General Contractors: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to his employees of the compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Article on Insurance
will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or
additional insured in such policies and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors, employees and agents for aU losses and
damages caused by, arising out of or resulting from any of the perils covered by such policies
and any other property insurance applicable to the work; and, in addition, waive aU such rights
against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the
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Section III - General Conditions
rights that any party making such waiver may have to the proceeds of insurance otherwise
payable under any policy so issued. In addition, Owner waives all rights against Contractor,
Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and
agents of any of them for: (i) loss due to business interruption, loss of use or other consequential
loss extending beyond direct physical loss or damage to Owner's property or the Work caused
by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii)
loss or damage to the completed Project or part thereof caused by, arising out of or resulting
from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by Owner during partial utilization, after substantial completion or after
final payment.
6 CONTRACTORS RESPONSIBILITIES
6.1 SUPERVISION AND SUPERINTENDENCE
Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction, but Contractor shall not
be responsible for the negligence of others in the design or specification of a specific means,
method, technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only competent persons to do the work and whenever Engineer shall
notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful,
disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall
not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as
a result of overtime work in excess of the regular working hours or on the Owner's normally
approved holidays. At Owner's option, overtime costs may either be deducted from the
Contractor's monthly payment request or deducted from the Contractor's retention prior to
release of final payment or the Engineer may elect to receive a monthly check from the
Contractor in the amount of the overtime costs. Minimum number of chargeable hours for
inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per
hour shall be $40.00 per hour.
Contractor shall provide and maintain in a neat and sanitary condition, such sanitary
accommodations for the use of Contractor's employees as may be necessary to comply with the
requirements of Laws and Regulations and the Engineer.
6.2 LABOR, MATERIALS AND EQUIPMENT
Contractor shall provide competent, suitably qualified personnel to survey, layout and construct
the work as required by the Contract Documents. Contractor shall at all times maintain good
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discipline and order at the site. Except as otherwise required for the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated
in the Contract Documents, all work at the site shall be performed during regular working hours
and Contractor will not permit overtime work or the performance of work on Saturday, Sunday,
or any legal holiday without Owner's consent given after prior notice to Engineer.
Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish
satisfactory evidence (including reports of required tests) as to the quality of materials and
equipment. The Contractor shall provide suitable and secure storage for all materials to be used
in the Work so that their quality shall not be impaired or injured. Materials that are improperly
stored, may be rejected by the Engineer without testing.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent or
"or equal" item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an
item of material or equipment proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may be considered by
Engineer for approval. If in the Engineer's sole discretion an item of material or equipment
proposed by Contractor does not qualify as an "or equal" item, it may be considered as a
proposed substitute item. Contractor shall submit sufficient information as required by the
Engineer to allow the Engineer to determine that the item of material or equipment proposed is
essentially equivalent to that named and is an acceptable substitute therefore. Request for review
of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other
than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a determination.
All data provided by Contractor in support of any proposed substitute or "or equal" item will be
at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or
submittal made per this paragraph. Engineer will be sole judge of acceptability.
6.4 RESPONSIBiliTY FOR SUBCONTRACTORS, SUPPLIERS AND
OTHERS
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers and other persons performing or furnishing any of the work under a
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direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor,
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating
the work of Subcontractors, Suppliers and other persons performing or furnishing any of the
work under a direct or indirect ,contract with Contractor. Contractor shall require all
Subcontractors, Suppliers and such other persons performing or furnishing any of the work to
communicate with the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the
work to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 USE OF PREMISES
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of works to the site and land areas identified in and permitted by the Contract
Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be made by any such owner or occupant
because of the performance of the Work, Contractor shall promptly settle with such other party
by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in
or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify
and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors,
employees and agents from and against all claims, costs, losses and damages arising out of or
resulting from any claim or action, legal or equitable, brought by any such owner or occupant
against Owner, Engineer or any other party indemnified hereunder to the extent caused by or
based upon Contractor's performance of the Work.
During the progress of the Work, Contractor shall keep the premises free from accumulations of
waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work or at intervals established by the Engineer, Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction
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Section III - General Conditions
equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the work or the incorporation in the Work of any invention, design, process"
product or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the Contract Documents for use in
the performance of the work and if to the actual knowledge of Owner or Engineer its use is
subj€?ct to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
To the fullest extent permitted hy Laws and Regulations, Contractor shall indemnify and hold
harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and against all claims, costs, losses and
damages arising out of or resulting from any infringement of patent rights or copyrights incident,
to the use in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in
accordance with the Laws and Regulations of th~ State of Florida and other governmental
agencies, which are applicable during the performance of the work.
6.7 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any
work knowing or having reason to know that it is contrary to Laws or Regulations,' Contractor
shall bear all claims, costs, losses and damages caused by or arising out of such work: however,
it shall not be Contractor's primary responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations to Owner to report and resolve discrepancies as described above.
6.8 PERMITS
Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time of opening of Bids.
Contractor shall pay all charges of utility owners for connections to the work, and Owner shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will
be waived.
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6.9 SAFETY AND PROTECTION
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i)
all persons on the work site or who may be affected by the work, (ii) all the Work and materials
and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction. In the event of temporary suspension of the work,
or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause
Subcontractors, to protect carefully the Work and materials against damage or injury from the
weather. If, in the opinion of Engineer, any portion of Work or materials shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so
protect the Work, such Work and materials shall be removed and replaced at the expense of
Contractor. The Contractor shall initiate and maintain an accident prevention program which
shall include, but shall not be limited to the establishment and supervision of programs for the
education and training of employees in the recognition, avoidance and prevention of unsafe
conditions and acts. Contractor shall provide first aid services and medical care to his employees.
The Contractor shall develop and maintain an effective fue protection and prevention program
and good housekeeping practices at the site of contract performance throughout all phases of
construction, repair, alteration or demolition. Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous conditions. The
Engineer may order that the work stop if a condition of immediate danger to Owner's employees,
equipment or if property damage exists. This provision shall not shift responsibility or risk of
loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall
remain solely responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of Contract performance. The Contractor shall instruct his
employees required to handle or use toxic materials or other harmful substances, regarding their
safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians
and motorists from harm, and to prevent disruptions of such traffic due to construction activity.
Contractor shall comply with all applicable Laws and Regulations of any public body having
jurisdiction' for safety, of persons or property and to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and of Underground Facilities and utility owners, when
prosecution of the work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to any property
caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any
other person or organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and Engineer has issued a notice to Owner
and Contractor that the Work is acceptable.
6.10
EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, Contractor, with or without special instruction or authorization from Owner or
Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer
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prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.11 DRAWINGS
6.11.1 SHOP DRAWINGS AND SAMPLES
Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the
Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to show Engineer the materials and equipment Contractor proposes to
provide and to enable Engineer to review the information. Contractor shall also submit Samples
to Engineer for review and approval. Before submitting each Shop Drawing or Sample,
Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions,
specified performance criteria, installation requirements, materials, catalog nwnbers and similar
information with respect thereto, (ii) all materials with respect to intended use, fabrication,
shipping, handling, storage, assembly and installation pertaining to the performance ofthe Work,
and (iii) all information relative to Contractor's sole responsibilities in respect to means,
methods, techniques, sequences and procedures of construction and safety precautions and
programs incident thereto. Contractor shall also have reviewed and coordinated each Shop
Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work
and the Contract Documents. Each submittal will bear a stamp or specific written indication that
Contractor has satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review and approval of that submittal. At the time of submission, Contractor shall
give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the Contract Documents, such notice to be in a
written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to Engineer for review and
approval of each such variation.
Engineer's review and approval of Shop Drawings and Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated the Contract Documents. Engineer's
review and approval will not extend to means, methods, techniques, sequences or procedures of
construction (except where a particular means method, technique, sequence or procedure of
construction is specifically and expressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. Contractor shall make
corrections required by Engineer, and shall return the required number of corrected copies of
Shop Drawings and submit as required new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than the corrections called for by Engineer
on previous submittals.
Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless
Contractor has in writing called Engineer's attention to each such variation at the time of
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submission and Engineer has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor
will any approval by the Engineer relieve the Contractor from responsibility for complying with
the requirements of paragraph above discussing field measurements by the Contractor.
6.11.2 AS-BUILT DRAWINGS
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order
and legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes
or deviations which may vary from the details represented on the original Contract Plans~
including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the
construction process. The Contractor shall record the horizontal and vertical locations, in the
plan and profile, of all buried utilities that differ from the locations indicated or which were not
indicated on the Contract Plans and buried (or concealed), construction and utility features which
are revealed during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress of the Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance
with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests.
The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-
Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for
approval upon completion of the project and prior to acceptance of final pay request.
Prior to placing new potable water mains in service, the Contractor shall provide the Engineer
intersection drawings, as specified for the water mains.
The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness ofthe As-Built Drawings.
6.11.2.1
General
The Contractor/Consultant shall prepare an " AS-BUILT SURVEY" per chapter 61 G 17 -6,
Florida Administrative Code (see definition below), signed and sealed by a Florida registered
land surveyor. Two hard copies of signed and sealed as-builts and an AutoCAD file will be
provided for this purpose.
Definition: 61GI7-6.002(8)(a) As-Builts Survey: a survey performed to obtain horizontal and/or
vertical dimensional data so that constructed improvements may be located and delineated: also
know as Record Survey.
This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida
registered land surveyor. The survey must be delivered to the City of Clearwater Construction
Division upon substantial completion of the project. If this condition is not met, the City will
procure the services of a Professional Surveyor and Mapper registered in the State of Florida and
will back charge the contractor a fee of $1,800 per day or any portion thereofto provide the City
with the required As-Built Survey.
6.11.2.2 Sanitary and Storm Sewer Piplng Systems
1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation)
based on the approved horizontal and vertical datum or utilize the stationing supplied on the
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construction plans. New sanitary service connections and replaced sanitary service
connections shall be dimensioned to the nearest downstream manhole. All manholes,
cleanouts and catch basin invert and rim elevations, manhole and catch 'basin dimensions,
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
2. Pipe materials and areas of special construction shall be noted.
6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain)
All pipes shall be located by survey coordinates (northing, easting and elevation) based on the
approved horizontal and vertical datum or utilize the stationing supplied on the construction
plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new
and replaced service connections for potable and reclaimed water will be located as described
above. Additionally there must be survey coordinates no further than 100 feet apart on linear
type construction and shall denote top of pipe elevation at those points.
6.11.2.4 Electrical and Control Wiring
The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects where
this information is too voluminous to be contained on the blueline prints, the Contractor shall
prepare supplemental drawings, on same size sheets as the blueline prints~ showing the additional
conduit runs, I-line diagrams, ladder diagrams, and other information. The wiring schematic
diagrams shall show termination location and wiring identification at each point on the ladder
diagram.
6.11.2.5
Horizontal and Vertical Control
The As-Built survey shall be based on the original datum used for the construction design plans
or ifrequired by the City the datum shall be referenced to the North American Datum of 1983/90
(horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be
the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical),
must be approved by the City of Clearwater Engineering Department.
6.11.2.6
Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61Gl7 and the
Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that
pertain to the as-built survey it is the requirement of the City to have minimum location points at
every change in direction and no more than 100 feet apart on all pressure pipes.
6.11.2.7
Other
The As-Built drawings shall reflect any differences from the original Contract Plans, in the same
level of detail and units of dimensions as the Plans.
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6.11.3
CAD STANDARDS
6.11.3.1
6.11.3.1.1
DI
EP
EX
PR
FU
Layer Naming
TX
Prefixes and Suffixes
prefix denotes digitized or scanned entities
prefix denotes existing points - field collected
prefix denotes existing entities - line work and symbols
prefix denotes proposed entities - line work and symbols
prefix denotes future entities (proposed but not part of this contract) - line
work and symbols
suffix denotes text - use for all text, no matter the prefix
6. 1
N D f ..
11.3. .2 La'er amma e Imtlons:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
DRIVE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOESLOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
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WALL
SHORE
CL
CLD
CLS
CORNER
BENCH
walls, except seawall
shoreline, water elevation
centerline of road
centerline of ditch
centerline of swale
property comers, mOlmmentation
benchmark, temporary benchmarks
Other layers may be created as required, using above format.
6.11.3.2 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, bylayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text
height of .010 times the plot scale.
6.11.4 DElIVERABLES:
The as-built survey shall be produced on stable based Mylar or vellum material, 24" x 36" at a
scale of 1" = 20' unless approved otherwise. The consultant shall deliver all drawing files in
digital format with all project data in Land Development Desktop (LDD) Rl or later, including
all associated dependent files. When LDD is not available, upon approval by the City of
Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing
and dependent files. The ASCII file shall be a comma or space delimited containing code, point
number, northing, easting, elevation and description for each data point. Example below space
delimited ASCII file:
POINT #
284
NORTHING
1361003.838
EASTING
264286.635
ELEV
25.00
DEse
BCV
or Comma Delimited ASCII File:
284,361003.838,264286.635,25.00, BeV (PNEZD)
An AutoCAD Release 2000 drawing or later drawing file shall be submitted.
NOTE: Ifapproved deviation from Clearwater or Pinellas County CAD standards are used the
consultant shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting.
The drawing fIle shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. All block references and references
contained within the drawing me shall be included.
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Section III - General Conditions
Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email
address TomMahony@myClearwater.com
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
theroofby action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of final acceptance".
Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal usage for any portion of the W or~
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any
acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of Acceptance by the Engineer.
6.13 CONTINUING THE WORK
Contractor shall carry on the work and adhere to the progress schedule during all disputes or
disagreements with Owner. No work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as Owner or Contractor may otherwise agree in writing.
6.14 INDEMNIFICATION
Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the
officers, directors, employees, agents and other consultants of each and any of them from and
against all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) caused by, arising out of or resulting from the performance of the Work,
provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the work itself),
including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or
indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or
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Section III - General Conditions
omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of the negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor
shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so
settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such
account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall
indemnify and save harmless Owner against any such claim. In any and all claims against Owner
or Engineer or any of their respective consultants, agents, officers, directors, or employees by
any employee (or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any
Supplier, any person directly or indirectly employed by any of them to perform or furnish any of
the work, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such Sub-contractor,
Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts. The indemnification obligations of Contractor under this
paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers,
directors, employees, or agents caused by the professional negligence, errors or omissions of any
of them.
7 OTHER WORK
7.1 RELATED WORK AT SITE
Owner may perform other work related to the Project at the site by Owner's own forces, or let
other direct contracts therefore which shall contain General Conditions similar to these, or have
other work performed by utility owners. If the fact that such other work is to be performed was
not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor
prior to starting any such other work, and (ii) Contractor may make a claim therefore if
Contractor believes that such performance will involve additional expense to Contractor or
requires additional time and the parties are unable to agree as to the amount or extent thereof.
Contractor shall afford each other contractor who is a party to such a direct contract and each
utility owner (and Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly connect and
coordinate the work with theirs. Unless otherwise provided in the Contract Documents,
Contractor shall do all cutting, fitting and patching of the work that may be required to make its
several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Engineer and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit
of such utility owners and other contractors to the extent that there are comparable provisions for
the benefit of Contractor in said direct contracts between Owner and such utility owners and
other contractors. Should the Contractor cause damage to any other contractor on the Project, the
contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if
he will so settle. If such other contractor sues the Owner on account of any damage alleged to
have been so sustained, the Owner shall notify the Contractor, who shall defend such
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proceedings at his own expense, and if any judgment against the Owner arises therefrom the
Contractor shall payor satisfy the judgment and pay all costs incurred by the Owner.
If the proper execution or results of any part of Contractor's work depends upon work performed
by others under this Article. Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's work except for latent or nonapparent defects and deficiencies in
such other work.
7.2 COORDINATION
If Owner contracts with others for the performance of other work on the Project at the site, the
following will be set forth in the Scope of Work: (i) the person who will have authority and
responsibility for coordination of the activities among the various prime contractors will be
identified; (ii) the specific matters to be covered by such authority and responsibility will be
itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless
otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility in respect of such coordination.
8 OWNERS RESPONSIBILITY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the sa~
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work m accordance with the
Contract Documents.
9 ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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construction are set forth in the Contract Documents and shall not be extended without written
consent of Owner and Engineer.
9.2 CLARIFICATIONS AND INTERPRETATIONS
Engineer will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer
may determine necessary, which shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and interpretations will be binding on
Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies
an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to
the amount or extent thereof, if any, Contractor may make a written claim therefore as provided
in the Articles for Change of Work and Change of Contract Time.
9.3 REJECTING OF DEFECTIVE WORK
Engineer will have authority to disapprove or reject Work which Engineer believes to be
defective, or that Engineer believes will not produce a completed Project that conforms to the
Contract Documents or that will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. Engineer will also have
authority to require special inspection or testing of the Work whether or not the Work is
fabricated, installed or completed.
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS
In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop
Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the
articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's
authority as to Applications for Payment, see the articles on Payments to Contractor and
Completion.
9.5 DECISIONS ON DISPUTES
Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder. Claims, disputes and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the work and Claims under the Articles for
Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred
initially to Engineer in writing with a request for a formal decision in accordance with this
'paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
clcrimant to Engineer and the other party to the Agreemel!t promptly (but in no event later than
thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to Engineer and the other party within sixty days after the start of such
occurrence or event unless Engineer allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to Engineer and the claimant within thirty days after receipt of
the claimant's last submittal (unless Engineer allows additional time). Engineer will render a
formal decision in writing within thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or
other matter will be [mal and binding upon Owner and Contractor unless (i) an appeal from
Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time
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Section III - General Conditions
which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for
the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into,
a written notice of intention to appeal from Engineer's written decision is delivered by Owner or
Contractor to the other and to Engineer within thirty days after the date of such decision and a
formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws and Regulations within sixty days of
the date of such decision, unless otherwise agreed in writing by Owner and Contractor.
When functioning as interpreter and judge, Engineer will not show partiality to Owner or
Contractor and will not be liable in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by Engineer with respect to any such
claim, dispute or other matter will be a condition precedent to any exercise by Owner or
Contractor of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such claim, dispute or other matter
pursuant the Article on Dispute Resolution.
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBiliTIES
Neither Engineer's authority or responsibility under this paragraph or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise or performance of any
authority or responsibility by Engineer shall create, impose or give rise to any duty owed by
Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to
any surety for or employee or agent of any of them.
Engineer will not supervise, direct, control or have authority over or be responsible for
Contractor's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the work. Engineer will not be
responsible for Contractor's failure to perform or furnish the work in accordance with the
Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the work.
Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by the
Contractor will only be to determine generally that their content complies with the requirements
of the Contract Documents and, in the case of certificates of inspections, tests and approvals that
the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10 CHANGES IN THE WORK
Without invalidating the Agreement and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions
or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work
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Section III - General Conditions
involved which will be performed under the applicable conditions of the Contract Documents
(except as may otherwise be specifically provided).
If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Time that should be allowed as a result of a
Work Change Directive, a claim may be made therefore as provided in these General Conditions.
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Time with respect to any Work performed that is not required by the Contract
Documents as amended, modified and supplemented as provided in these General Conditions
except in the case of an emergency as provided or in the case of uncovering work as provided in
article for Uncovering Work.
Owner and Contractor shall execute appropriate Change Orders or Written Amendments
recommended by Engineer covering:
changes in the work which are (i) ordered by Owner (ii) required because of acceptance of
defective work under the article for Acceptance of Defective Work or correcting defective
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
.11 CHANGES IN THE CONTRACT PRICE
11.1 CHANGES IN THE CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to Contractor for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by Contractor shall be at Contractor's expense without change in the
Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice
of claim stating the general nature of the claim, to be delivered by the party making the claim to
the other party and to Engineer promptly (but in no event later than thirty days) after the start of
the occurrence or event giving rise to the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or event
(unless Engineer allows additional time for claimant to submit additional or more accurate data
in support of the claim) and shall be accompanied by claimant's written statement that the
claimed adjustment covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not
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submitted in accordance with this paragraph. The value of any Work covered by a Change Order
or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where
the Work involved is covered by unit prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved (ii) where the Work involved is not
covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum
(which may include an allowance for overhead and profit), (iii) where the Work is not covered
by unit prices contained in the Contract Documents and agreement is reached to establish unit
prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be furnished and performed for such
sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances
include the cost to Contractor (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and (ii)
Contractor's costs for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances and no demand for additional payment on account of any of the
foregoing will be valid.
Prior to fmal payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances and all the
Work actually performed by the Contractor, and the Contract Price shall be correspondingly
adjusted.
11.3 UNIT PRICE WORK
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit price for each separately identified item of unit price work times
the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may
make a "claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price
Work performed by Contractor differs materially and significantly from the estimated quantity of
such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment
with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors
to provide adequate unit quantities to satisfactorily complete the construction of the project. It is
expected that in the normal course of project construction and completion that not all unit
quantities will be used in their entirety and that a finalizing change order which adjusts contract
unit quantities to those unit quantities actually used in the construction of the project will result
in a net decrease from the original Contract Price. Such reasonable deduction of final Contract
Price should be anticipated by the Contractor in his original bid.
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12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment ofthe Contract Time (or Milestones) shall be based on
written notice delivered by the party making the claim to the other party and to Engineer
promptly (but in no event later than thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice of the extent of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless Engineer
allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement that the adjustment claimed is the entire
adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined
by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not
submitted in accordance with the requirements of this paragraph.
All time limits stated in the Contract Documents are of the essence of the Agreement.
Where Contractor is prevented from completing any part of the work within the Contract Time
(or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones)
may be extended in an amount equal to the time lost due to such delay if a claim is made
therefore as provided in the article for Changes in the
Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by
Owner, acts of utility owners or other contractors performing other work as contemplated by the
article for Other Work, fIres, floods, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of
the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee
or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of Contractor, or (ii) delays beyond the control of both parties including but
not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility
owners or other contractors performing other work as contemplated by paragraph for Other
Work.
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 TESTS AND INSPECTION
Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
Contractor shall employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. The costs for these
inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in
the Contract Documents.
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If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such
public body including all City Building Departments and City Utility Departments, Contractor
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish Engineer the required certificates of inspection
or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will
be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all
costs in connection with any inspections, tests or approvals required for Owner's and Engineer's
acceptance of materials or equipment to be incorporated in the Work, or of materials, mix
designs, or equipment submitted for approval prior to Contractor's purchase thereof for
incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be
uncovered for observation. Uncovering Work as provided in this paragraph shall be at
Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention
to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.2 UNCOVERING THE WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, Contractor shall pay all claims, costs, losses and damages
caused by, arising out of or resulting from such uncovering, exposure, observation, inspection
and testing and of satisfactory replacement or reconstruction (including but not limited to all
costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to
agree as to the amount thereof, may make a claim therefore as provided in the article for Change
in Contract Price. If, however, such Work is not found to be defective, Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent
thereof, Contractor may make a claim therefore as provided the article for Change in Contract
Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right of
Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to
exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops
Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or
increase in Contract Price.
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13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer,
remove it from the site and replace it with Work that is not defective. Contractor shall pay all
claims, costs, losses and damages caused by or resulting from such correction or removal
(including but not limited to all costs of repair or replacement of work of others).
13.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk ofloss or damage, Owner may have the
defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages causedby or resulting from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
In special circumstances where a particular item of equipment is placed in continuous service
before Final Completion of all the Work, the correction period for that item may start to run from
an earlier date if specifically and expressly so provided in the Specifications or by Written
Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected,
removed or replaced under this paragraph the correction period hereunder with respect to such
Work will be extended for an additional period of one year after such correction or removal and
replacement has been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers
to accept it, Owner may do so.
Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of
and determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may
make a claim therefore as provided in article for Change of Contract Price. If the acceptance
occurs after the Engineer's recommendation for final payment an appropriate amount will be paid
by Contractor to Owner.
13.7 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work or to remove and replace rejected Work as required by Engineer in accordance
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Section III - General Conditions
with the article for Correction and Removal of Defective Work or if Contractor fails to perform
the Work in accordance with the Contract Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner may, after seven days' written notice to
Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph Owner shall proceed expeditiously. In connection with such corrective and
remedial action, Owner may exclude Contractor from all or part of the site, take possession of all
or part of the Work, and suspend Contractor's services related thereto, take possession of
Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate
in the Work all materials and equipment stored at the site or for which Owner has paid
Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's
Consultants access to the site to enable Owner to exercise the rights and remedies under this
paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising
such rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the
article for Change of Contract Price. Such claims, costs, losses and damages will include but not
be limited to all costs of repair or replacement of work of others destroyed or damaged by
correction, removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
14 PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.1 APPLICATION FOR PROGRESS PAYMENT
Contractor shall submit (not more often than once a month) to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as of
the 25th of each month and accompanied by such supporting documentation as is required by the
Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents,
payment will not be made for materials and equipment not incorporated in the Work. Payment
will only be made for that portion of the Work, which is fully installed including all materials,
labor and equipment. A retainage of not less than five (5%) of the amount of each Application
for Payment for the total of all Work completed to date will be held until final completion and
acceptance of the Work covered in the Contract Documents. No progress payment shall be
construed to be acceptance of any portion of the Work under contract.
In addition to all other payment provisions set out in this contract, the Engineer may require the
Contractor to produce for the Owner, within fifteen days of the approval of any progress
payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid
any sum or sums then due. A failure on the part of the contractor to provide the report as required
herein shall result in further progress or partial payments being withheld until the report is
provided.
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SectionIlI
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Section III - General Conditions
14.2
CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment, free and clear ofliens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and p~rts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to impose any obligations upon Owner to
the Contractor or the Surety. In paying any' unpaid bills of the Contractor, Owner shall be
deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3
REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
,
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because; (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective, Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
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Section III - General Conditions
or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4 PARTIAL UTiliZATION
Use by Owner at Owner's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor
agree constitutes a separately functioning and usable part of the Work that can be used by Owner
for its intended purpose without significant interference with Contractor's performance of the
remainder of the Work, may be accomplished prior to Final Completion of all the Work subject
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part of the
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part of the Work is substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work. Contractor at any time
may notify Owner and Engineer in writing that Contractor considers any such part of the Work
ready for its intended use and substantially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to
determine its status of completion. If Engineer does not consider that part of the Work to be
substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefore. If Engineer considers that part of the Work to be substantially complete, the provisions
of the articles for Substantial Completion and Partial Utilization will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.5 FINAL INSPECTION
Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.6 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such corrections to the satisfaction of Engineer and has
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by the
paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as
may be required in the Contract Documents and other documents, Contractor may make
application for final payment following the procedure for progress payments. The final
Application for Payment shall be accompanied (except as previously delivered) by: (I) all
documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if
necessary, to final payment, and (iii) complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of
such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
SectiollIII
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SectionlII
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Section III - General Conditions
services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner or
Owner's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish
a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and temporary structures, and shall restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the Work, and shall leave the Work in a neat and presentable condition.
14.7 FINAL PAYMENT AND ACCEPTANCE
If through no fault of Contractor, final completion of the Work is significantly delayed and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment
and recommendation of Engineer, and without terminating the Agreement, make payment of the
balance due for that portion of theW ork fully completed and accepted. If the remaining balance
to be held by Owner for Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for
Bonds and Insurance, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that such payment shall not constitute a waiver of
claims.
If on the basis of Engineer's observation of the Work during construction and final inspection,
and Engineer's review of the final Application for Payment and accompanying documentation,
all as required by the Contract Documents, Engineer is satisfied that the Work has been
completed and Contractor's other obligations under the Contract Documents have been fulfilled,
Engineer will indicate in writing his recommendation of payment and present the Application to
Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that
the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return
the Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which caSe Contractor shall make the necessary corrections and resubmit the
Application. If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount
recommended by Engineer.
14.8 WAIVER OF CLAIMS
The making and acceptance of final payment will constitute: a waiver of all claims by Owner
against Contractor, except claims arising from unsettled Liens~ from defective Work appearing
after final inspection, from failure to comply with the Contract Documents or the terms of any
special guarantees specified therein, or from Contractor's continuing obligations under the
Contract Documents; and a waiver of all claims by Contractor against Owner other than those
previously made in writing and still unsettled.
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK
At any time and without cause, Engineer may suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor, which will fix the date on
which Work will be resumed. Contractor shall resume the Work on the date.so fixed. Contractor
shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or
both, directly attributable to any such suspension if Contractor makes an approved claim
therefore as provided in the articles for Change of Contract Price and Change of Contract Time.
15.2 OWNER MAY TERMINATE
Upon the occurrence of anyone or more of the following events; if Contractor persistently fails
to perform the work in accordance with the Contract Documents (including, but not limited to~
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this
Contract or any part thereof is sublet, without the previous written consent of Owner, or
if the Contract or any claim thereunder is assigned by Contractor otherwise than as
herein specified, or at any time Engineer certifies in writing to Owner that the rate of
progress of the Work or any part thereof is unsatisfactory or that the work or any part
thereof is unnecessarily or unreasonably delayed.
Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the
extent permitted by Laws and Regulations, terminate the services of Contractor, exclude
Contractor from the site and take possession of the Work and of all Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent
they could be used by Contractor (without liability to Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which Owner has
paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until the
Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and
damages sustained by Owner arising out of or resulting from completing the Work such excess
will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a
Change Order, provided that when exercising any rights or remedies under this paragraph Owner
shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
SectionIlI
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Section III - General Conditions
Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In
such case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable
sums for overhead and profit on such Work;
for expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses;
for all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, Suppliers and others; and for reasonable expenses directly
attributable to termination.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE
If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within sixty days after it is submitted or Owner fails for sixty days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days'
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Agreement and recover from Owner
payment on the same terms as provided in the article for Owner May Terminate. However, if the
Work is suspended under an order of court through no fault of the Owner, the Contractor shall
not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within thirty days after it is submitted, or Owner has failed for thirty
days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's
written notice to Owner and Engineer stop the Work until payment of all such amounts due
Contractor. The provisions of this article are not intended to preclude Contractor from making
claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise
for expenses or damage directly attributable to Contractor's stopping Work as permitted by this
article.
16 DISPUTE RESOLUTION
If and to the extent that Owner and Contractor have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure will proceed. If no such agreement on the method and procedure for
resolving such disputes has been reached, subject to the provisions of the article for Decisions on
Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any dispute
provided, however, that nothing herein shall require a dispute to be submitted to binding
arbitration.
SectionIlI
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Section III - General Conditions
17 MISCELLANEOUS
17.1 SUBMITTAL AND DOCUMENT FORMS
The form of all submittals, notices, change orders and other documents permitted or required to
be used or transmitted under the Contract Documents shall be determined by the Engineer
subject to the approval of the Owner.
17.2 GIVING NOTICE
Whenever any provision of the Contract Documents requires the giving of written notice, notice
will be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
17.3 NOTICE OF CLAIM
Should Owner or Contractor suffer injury or damage to person or property because of any error~
omission or any act of the other party or of any of the other party's officers, employees or agents
or others for whose acts the other party is legally liable, claim will be made in writing to the
other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or repose.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED
Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in
each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other
professionals and all court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any rights thereunder without
the approval of the Owner, nor without the consent of surety unless the surety has waived its
rights to notice of assignment.
17.6 RENEWAL OPTION
Annual Contracts issued through Public Works Administration may be renewed for up to 'two (2)
years, upon mutual consent of both the City and the ContractorNendor. All terms, conditions
and unit prices shall remain constant unless otherwise specified in the contract specifications or
in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be
agreed to in writing by both parties. All renewals are contingent upon the availability of funds,
and the satisfactory performance of the Contractor as determined by Public Works
Administration.
SectionlII
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SECTION IV
TECHNICAL
SPECIFICATIONS
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Section IV - Technical Specifications
1 SCOPE OF WORK
1.1 SCOPE DESCRIPTION
Project Name:
Myron A. Smith Bayview Park Civil Work
Project Number:
I Scope of Work:
The project will consist of the construction of a new bike/pedestrian trail (8-feet wide) to total
2300 linear feet. The trail is to be a total of 9 feet wide with the inclusion of a 6-inch header curb
on each side. Contractor will be responsible for concrete flat work listed below. Included in the
project will be a 56 lineal foot retaining wall. Project Site is located at 3035 Gulf to Bay Blvd.,
Clearwater, FL 33759. A project sign will be placed on site facing Gulf to Bay and be the
responsibility of the contractor. Security for materials left on site will be the responsibility of the
site contractor. Detailed Scope of Work includes but not limited to: see plans and
specifications
Construction of Recreation Trail:
. Construct 2300 linear feet of Crushed Shell trail (8' wide) with 6" Header curb (2)
-Grade of Crushed Shale is to be one-half inch.
. Pour in place 4 - 3'x 9' concrete slabs (4" thick) as according to plans and specs
. Pour in place 3 - 3'x 6' concrete slabs (4" thick) as according to plans and specs
. Pour in place 2 - 23'x 34' reinforced concrete slabs (6") as according to plans and specs
. Extend existing RCP18 w/ MES 25' with new MES as according to plans
. Construct 22 lineal foot tie-in to existing sidewalk (10' wide) per plans
Construction of Retainin2 Wall and Miscellaneous Civil Work:
. Construct 56 lineal foot Retaining Wall to meet detail specifications
. Backfill around new retaining wall with soil provided by City
. Construct 8 Grass Parking Spaces according to plans and specifications
Section IV - Scope of Work Checklist-CiviL doc
Page 1
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Section IV - Technical Specifications
. Install of information kiosk provided by city. Installation plans to be provided at pre-bid
meeting
. Provide a Project Sign to be located on Gulf to Bay Boulevard
. Construct 60 lineal feet of Ribbon Curb 6"x 12" as according to plans
. Construct 25lineal foot Crushed Shell Handicap Ramp as according to plans
. Construction of 400 square foot Crushed Shell Bike Trail Head per plans
. Construct 19'x 25' Reinforced Concrete Slab
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
SCOPE OF WORK CHECKLIST
Project Name: Myron A. Smith Bavview Park Civil Work
Project Number: 06-0020-PR
The following Articles of the Technical Specifications will apply to this contract if marked "X"
as shown below:
1 [8] Scope Of Work
2.1 [8] Line, Grade And Record Drawings - by Contractor
2.2 0 Line, Grade And Record Drawings - by City
3 [8] Definition Of Terms
4 [8] Order And Location Of The Work
5 [8] Excavation For Underground Work
6 [8] Concrete
7 [8] Excavation And Forms For Concrete Work
8 [8] Reinforcement
9 [8] Obstructions
10 [8] Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement
11 [8] Work In Easements Or Parkways
12 0 Dewatering
13 0 Sanitary Manholes
14 [8] Backfill
15 0 Street Crossings, Etc.
16 0 Raising Or Lowering Of Sanitary Sewer, Storm Drainage Structures
17 [8] Unsuitable Material Removal
18 0 Underdrains
19 [8] Storm Sewers
20 0 Sanitary Sewers And Force Mains
21 [8] Drainage
22 0 Roadway Base And Subgrade
23 [8] Asphaltic Concrete Materials
24 [8] Adiustment To The Unit Bid Price For Asphalt
25 0 General Planting Specifications
26 0 Hdpe Deformed - Reformed Pipe Lining
27 [ ] Plant Mix Driveways
28 0 Reporting Of Tonnage Of Recycled Materials
29 [8] Concrete Curbs
30 0 Concrete Sidewalks And Driveways
31 [" 1 Sodding
32 0 Seeding
33 0 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures
34 [8] Material Used
35 [8] Conflict Between Plans And Specifications
36 0 Street Signs
37.1 0 AudioNideo Tape Of Work Areas - by City
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
37.2 D AudioNideo Tape Of Work Areas - by Contractor
38 cg] Erosion And Siltation Control
39 cg] Utility Tie In Location Marking
40 cg] Award Of Contract, Work Schedule And Guarantee
41 0 Water Mains and Appurtenances
42 D Gas System Specifications
43 D Tennis Courts
44 cg] Work Zone Traffic Control
45 D Cured-In-Place Pipe Lining
46 0 Specifications for Polyethylene Sliplining
47 D Specifications for Polyvinyl Chloride Ribbed Pipe
48 D Gunite Specifications
49 0 Sanitary and Storm Manhole Liner Restoration
50 cg] Project Information Signs
51 0 In-Line Skating Surfacing System
52.1 D Resident Notification of Start of Construction - by City
52.2 cg] Resident Notification of Start of Construction - by Contractor
53 D Gabions and Mattresses
54 D Lawn Maintenance Specifications
55 D Milling Operations
56 cg] Clearing and Grubbing
57 0 Riprap
58 D Treatment Plant Safety
59 cg] Traffic Signal Equipment and Materials
60 D Signing And Marking
61 0 Roadway Lighting
62 cg] Tree Protection
63 0 Project Web Pages
TIME: 60 DAYS
Section IV - Scope of Work Checklist-Civil.doc Page 4
Revised: 5/11/2005
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Section IV - Technical Specifications
2. LINE. GRADE AND RECORD DRAWINGS
LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR
Benchmarks to be used shall be those as shown on the plans. Control points (for alignment only)
shall be established by the Engineer. Contractor shall submit cut sheets for all underground work
24 hours in advance of commencement of the work for checking. Checking of cut-sheets does
not relieve the Contractor of any responsibilities for any errors or conflicts whatsoever. Cut
sheets shall be submitted in triplicate. The Contractor shall provide three complete sets of Record
construction drawings prior to final payment being made.
3. DEFINITION OF TERMS
For the purpose of these Technical Specifications the following definition of terms shall apply:
City
City of Clearwater, Pine lIas County, FL.
Engineer
The City Engineer of the City of Clearwater, Pine lIas County, Florida, or his authorized
representative.
Contractor
The person, firm or corporation with whom this contract or agreement has been made by
the City of Clearwater or its duly authorized representative.
Inspector
An authorized representative of the City Engineer of Clearwater, assigned to make
official inspections of the material furnished and the work performed by the Contractor.
FD. 0. T.
The Standard Specifications for Road and Bridge Construction as
Specifications
issued by the Florida Department of Transportation (latest English edition).
A.A.SH. T. 0.
American Association of State Highway and Transportation Officials.
A.WS
American Welding Society
A.S T.M
American Society for Testing Materials
A.SA.
American Standards Association
A.N.SI.
American National Standards Institute
A.WWA.
American Water Works Association
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Section IV - Technical Specifications
o.S.H.A.
Occupational Safety & Health Administration
A.C.!
American Concrete Institute
Representative of Contractor
The Contractor shall assign a responsible person or persons, one of whom shall be at the
construction site at all times that work is progressing. The names and positions of these
persons shall be submitted to the City Engineer at the time of the pre-construction
conference. This person or persons shall not be changed without written approval of City
Engineer.
Estimated Quantities
The Contractor's attention is called to the fact that the estimate of quantities as shown on
the Proposal Sheet is approximate and is given only as a basis of calculation upon which
the award of the contract is to be made. The City does not assume any responsibility that
the final quantities will remain in strict accordance with estimated quantities nor shall the
contractor plead misunderstandings or deception because of such estimate of quantities or
of the character or location of the work or of other conditions or situations pertaining
thereto.
4. ORDER AND LOCATION OF THE WORK
The City reserves the right to accept and use any portion of the work whenever it is considered to
the public interest to do so. The Engineer shall have the power to direct on what line or street the
Contractor shall work and order thereof.
5. EXCAVATION FOR UNDERGROUND WORK
The contractor is responsible to take all necessary steps to conduct all excavation in a manner
which provides for the successful completion of the proposed work while at all times
maintaining the safety of the workmen, the general public and both public and private property.
The contractor's methods of work will be consistent with the standard practices and requirements
of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health
Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in
these plans and specifications, the methods of safety control and compliance with regulatory
agency safety requirements are the full and complete responsibility of the contractor.
For the purposes of the Contractor's safety planning in the bidding process, the contractor is to
consider all excavation to be done in the performance of this contract to be in soil classified as
OSHA "Type C". The Contractor's attention is called to specific requirements of OSHA for
excavation shoring, employee entry, location of excavated material adjacent to excavation, the
removal of water from the excavation, surface encumbrances and in particular the requirement of
a "Competent Person" to control safety operations. The Contractor will identify his Competent
Person to City staff at the start of construction.
City staff are required from time to time to perform inspections, tests, survey location work, or
other similar activity in an excavation prepared by the contractor. City staff in conformance with
the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with
these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's
excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is
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Section IV - Technical Specifications
unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must
either provide the necessary safety requirements or provide alternate means for the
accomplishment of the City's work at the Contractor's expense.
The restoration quantities, if any, contained in the bid proposal for this contract to not contain
sufficient quantities to allow the contractor to perform excavation work using strictly the "open
cut" method whereby no shoring systems are used and trench side slopes are cut to conform to
OSHA safety requirements without a shoring system. In addition to safety reasons, the
Contractor is required to use excavation and trench-shoring methods in compliance with all
safety requirements which allow the Contractor to control the amount of restoration work
necessary to complete the project.
Not more than one hundred (100) feet of trench shall be opened at one time in advance of the
completed work unless written permission is received from the Engineer for the distance
specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than
the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid
in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to allow the
body of the pipe to rest throughout its length. In case a trench is excavated at any place,
excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling
and compaction to grade shall be done in such manner as the Engineer shall direct, without
compensation.
6. CONCRETE
Unless otherwise directed, all concrete work shall be performed in accordance with the latest
editions of the Design and Control of Concrete Mixtures by the Portland Cement Association, the
American Concrete Institute, and FDOT's Standard Specifications. All appropriate testing shall
be performed according to the American Society of Testing Materials.
Unless otherwise specified, all concrete shall have fiber mesh reinforcing and have a minimum
compressive strength of 3000 p.s.i. at 28 days. The cement type shall be Type I and shall
conform to AASHTO M-85. The aggregate shall conform to ASTM C-33. All ready mix concrete
shall conform to ASTM C-94. The slump for all concrete shall be in the range of 3" to 5", except
when admixtures or special placement considerations are required.
The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all
concrete placement.
All concrete shall be tested in the following manner:
Placement ofless than 5 cubic yards (cy) shall be tested at the Engineer's discretion. Otherwise,
for each class, for each day, for every 50 cy or part thereof exceeding 5 cy, one set of 3
compressive strength cylinders will be required (1 at 7 days and 2 at 28 days). At the discretion
of the Engineer, unacceptable test results may require the Contractor to provide further tests, as
determined by the Engineer, to determine product acceptability, or need for removal, and
compensation or denial thereof.
7. EXCAVATION AND FORMS FOR CONCRETE WORK
EXCAVATION
Excavating for concrete work shall be made to the required depth of the sub grade or base upon
which the concrete is to be placed. The base or sub grade shall be thoroughly compacted to a
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Section IV - Technical Specifications
point 6" outside said concrete work before the forms are placed. Concrete shall be poured "in the
dry".
FORMS
Forms for concrete work shall be either wood or metal (except curbs, metal only, unless by
written permission from Engineer). They shall be free from warps or bends, shall have a depth
equal to the dimensions required for the depth of the concrete deposited against them and shall
be of sufficient strength when staked to resist the pressure of concrete without moving or
spnngmg.
8. REINFORCEMENT
When required, reinforcement shall be placed in the concrete work. Bar reinforcement shall be
deformed: ASTMA-A 615, steel shall be billet Intermediate or Hard Grade: Rail Steel
A.A.S.H.T.O. M42. Twisted Bars shall not be used, Fabric Reinforcement shall conform to the
requirements of AASHTO M55 (ASTM AI85). Welded deformed steel wire fabric for Concrete
reinforcement shall meet the requirements of AASHTO M 221 (ASTM A497). Epoxy coated
reinforcing Steel Bars shall meet ASTM 775/A77 M-86 requirements.
BASIS OF PAYMENT
Reinforcement shall not be paid for separately. The cost of such work shall be included in the
contract unit price for the item of work specified.
9. OBSTRUCTIONS
Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be
carefully protected from injury or displacement. Any damage thereto shall be fully, promptly, and
properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof.
Should it become necessary to change the position of water or gas or other pipes, sewer drains,
or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims
for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made.
Failure of the plans to show the location, nature or extent of any existing structures or
obstructions shall not be the basis of a claim for extra work. Any survey monument or
benchmark which must be disturbed shall be carefully referenced before removal, and unless
otherwise provided for, shall be replaced upon completion of the work by a registered land
surveyor. Any concrete removed due to construction requirements shall be removed to the
nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means.
10. RESTORATION OR REPLACEMENT OF DRIVEWAYS. CURBS.
SIDEWALKS AND STREET PAVEMENT
Driveways, sidewalks, and curbs destroyed or damaged during construction shall be replaced and
shall be the same type of material as destroyed or damaged, or to existing City Standards,
whichever provides the stronger repair. All street pavement destroyed or' damaged shall be
replaced with the same type of material, to existing City Standards, unless the existing base is
unsuitable as determined by the Engineer, then the base shall be replaced with City approved
material. All replaced base shall be a minimum 8" compacted thickness, or same thickness as
base destroyed plus 2", if over 6", and compacted to 98% of maximum density per AASHTO T-
180.
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Section IV - Technical Specifications
Unless called for in the proposal as separate bid items, cost of the above work including labor,
materials and equipment required shall be included in the bid price per lineal foot of main or
square yard of base.
The bid price for street pavement, restoration or replacement when called for in the proposals,
shall include all materials, labor and equipment required to complete the work, and shall be paid
for on a square yard basis. When replacement is over a trench for utilities, the area of
replacement shall be limited to twice the depth of the cut plus twice the inside diameter of the
pipe. All over this will be at the Contractor's expense.
The bid price for restoration or placement of driveways, curbs and sidewalks, when called for in
the proposals, shall include all materials, labor and equipment required to complete the work and
shall be paid for on the basis of the following units: Driveways, plant mix - per square yard:
concrete - per square foot; curbs - per lineal foot; sidewalk 4" or 6" thick - per square foot.
Concrete walks at drives shall be a minimum of 6" thick and be reinforced with 6/6 X 10/10
welded wire mesh (also see Articles 8 and 30).
The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all
driveway, curb, sidewalk and street restoration and replacement work.
11. WORK IN EASEMENTS OR PARKWAYS
Restoration is an important phase of construction, particularly to residents affected by the
construction progress.
The Contractor will be expected to complete restoration Activities within a reasonable time
following primary construction activity. Failure by the Contractor to accomplish restoration
within a reasonable time shall be justification for a temporary stop on primary construction
activity or a delay in approval of partial payment requests.
Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery
removed or disturbed during construction. No separate payment shall be made for this work.
The contractor shall make provision and be responsible for the supply of all water, if needed, on
any and all phases of the contract work. The contractor shall not obtain water from local
residents or businesses except as the contractor shall obtain written permission.
Reuse water is available for the Contractor's use without charge from the City's wastewater
treatment plants, provided the water is used on City of Clearwater contractual work. Details for
Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre-
construction conference. The Contractor's use of reuse water must conform to all regulatory
requirements.
14. BACKFILL
Material for backfill shall be carefully selected [rom the excavated material or from other sources
as may be required by the Engineer. Such material shall be granular, free from organic matter or
debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all
fill shall be similar material.
Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand
shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means.
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Section IV - Technical Specifications
Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness
unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98%
compaction as determined by the modified Proctor Density Test to the bottom of pavement.
Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a
minimum of 95% compaction of AASHTO T 180 Standard Density Test.
The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the
case of other underground structures, in the cost of such structure.
17. UNSUITABLE MATERIAL REMOVAL
All unsuitable material, such as muck, day, rock, etc., shall be excavated and removed from the
site. All material removed is property of the Contractor, who shall dispose of said material off-
site at his expense. The limits of the excavation shall either be shown on the plans, or determined
in the field by the Engineer in conjunction with the City's Materials Tester.
BASIS OF MEASUREMENT
The basis of measurement shall be the amount of cubic yards of unsuitable material excavated
and replaced with suitable material as determined by either cross sections of the excavation,
truck measure, or lump sum as specified in the Scope of Work and Contract Proposal.
BASIS OF PAYMENT
The unit price for the removal of unsuitable material shall include: all materials, equipment,
tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and
incidentals necessary to complete the work. If no pay item is given, the removal of unsuitable
material shall be included in the most appropriate bid item.
19. STORM SEWERS
All storm d rain pipe installed within the City of Clearwater shall be reinforced concrete unless
otherwise specified or approved by the City Engineer. Said pipe shall comply with Section 941
of the current FDOT Specifications.
All reinforced concrete pipe joints shall be wrapped with Mirafi 140N filter fabric or equivalent
(as approved by the City Engineer). The cost for all pipe joint wraps shall be included in the unit
price for the pipe.
All pipe, just before being lowered into a trench, is to be inspected and cleaned. If any difficulty
is found in the fitting the pieces together, this fitting is to be done on the surface of the street
before laying the pipe, and the tops plainly marked in the order in which they are to be laid. No
pipe is to be trimmed or chipped to fit. Each piece of pipe is to be solidly and evenly bedded, and
not simply wedged up. Before finishing each joint, some suitable device is to be used to find that
the inverts coincide and pipe is clear throughout.
AS BUILT INFORMATION
The Contractor shall submit to the Engineer the stations and left or right offsets of all manholes,
inlet structures and terminals ends of subdrains, as measured from the nearest downstream
manhole along the centerline of the sewer along with the elevations of the north edge of manhole
cover, inverts of all pipe in structures, and the flow line of inlets. (Gutter)
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Section IV - Technical Specifications
TESTING
The Contractor shall take all precautions to secure a perfectly watertight sewer under all
conditions. At the discretion of the City Engineer or his designee, the watertightness of a sewer
which has a crown lying below groundwater level may be tested by measuring the infiltration.
The watertightness of sewers having crowns lying above groundwater level may be tested by
filling the pipe with water so as to produce a hydrostatic head of two feet or more above the
crown of the sewer at the upper end of the test section of the water table outside of the sewer,
whichever is higher, and then measuring the exfiltration. In no case shall the infiltration or
ex filtration exceed 150 gallon per inch of diameter per mile per day. The Contractor shall furnish
all labor, materials and equipment to test the amount of infiltration or ex filtration under the
Engineer's direction. Where the infiltration or ex filtration is excessive the Contractor at his own
expense shall take the necessary steps to remedy such conditions by uncovering the sewer,
remaking the joints or by replacing the entire length of sewer as required by the Engineer. No
trench made joints may be backfilled until after they have been tested and found to be
acceptable. Care shall be taken to avoid flotation.
The above tests shall be performed at the discretion of the Engineer on any or all sections of the
line.
BASIS OF PAYMENT
Payment shall be the unit price per lineal foot for storm sewer pipe in place and accepted,
measured along the centerline of the storm sewer pipe to the inside face of exterior walls of
storm manholes or drainage structures and to the outside face of endwalls. Said unit price
includes all work required to install the pipe (i.e. all materials, equipment, filter fabric wrap,
labor and incidentals, etc.).
21. DRAINAGE
The Contractor shall provide proper outlet for all water courses and drains interrupted during the
progress ofthe work and replace them in as good condition as he found them.
23. ASPHALTIC CONCRETE MATERIALS
This specification is for the preparation and application of all S- Type Marshall Mix Design
asphaltic concrete materials on roadway surfaces unless otherwise noted.
ASPHALTIC CONCRETE
AGGREGATE
All aggregates shall be obtained from an approved FDOT source and shall conform to Sections
901 through 919 ofFDOT's 2000 Standard Specifications.
BITUMINOUS MATERIALS
All bituminous materials shall conform to Section 916 ofFDOT's 2000 Standard Specifications.
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT &
QUALITY ASSURANCE
The plant and methods of operation used to prepare all asphaltic concrete and bituminous
materials shall conform to the requirements of Section 320 of FDOT's Standard Specifications
(latest edition). Unless otherwise noted, all acceptance procedures and quality control/assurance
procedures shall conform to the requirements of Section 330 of FDOT's 2000 Standard
Specifications.
The Contractor shall note that the City shall have the right to have an independent testing
laboratory select, test, and analyze, at the expense of the City, test specimens of any or all
materials to be used. Tests to be performed by the independent testing laboratory every 1000 tons
include, but are not limited to, Marshall stability and flow, extraction/gradation and cores to
determine density and thickness. The results of such tests and analyses shall be considered, along
with the tests or analyses made by the Contractor, to determine compliance with the applicable
specifications for the materials so tested or analyzed. The Contractor hereby understands and
accepts that wherever any portion of the work is discovered, as a result of such independent
testing or investigation by the City, which fails to meet the requirements of the Contract
documents, all costs of such independent inspection and investigation as well as all costs of
removal, correction, reconstruction, or repair of any such work shall be borne solely by the
Contractor.
Payment reductions for asphalt related items shall be determined by the following:
1. Density per Section 330-11 ofFDOT's 2000 Standard Specifications.
2. Final surface or friction course tolerances per Section 330-13 of FDOT's 2000 Standard
Specifications.
3. Thickness will be determined from core borings. Deficiencies of '14" or greater shall be
corrected by the Contractor, without compensation, by either replacing the full thickness
for a length extending at least 25' from each end of the deficient area, or when the
Engineer allows for an overlay per Section 330-15.2.3 of FDOT's Standard
Specifications (2000 edition). In addition, for excesses of~" or greater, the Engineer will
determine if the excess area shall be removed and replaced at no compensation, or if the
pavement in question can remain with payment to be made based on the thickness
specified in the contract.
The Contractor shall notify the Proiect Inspector a minimum of 24 hours in advance of the
placement of all asphalt.
ASPHALT MIX DESIGNS AND TYPES
All asphalt mix designs shall conform to the requirements of Sections 331 and 337 of FDOT's
2000 Standard Specifications. All asphalt mix designs shall be approved by the Engineer PRIOR
to the commencement of the paving operation. NO RECLAIMED ASPHALT PAVEMENT
(RAP) MATERIAL SHALL BE ALLOWED IN THE ASPHALTIC CONCRETE MIXES.
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Section IV - Technical Specifications
ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS
All asphalt pavement designs shall conform to the following requirements:
Table 1: Layer Thickness for Asphalt (Layers Are Listed in Sequence of Construction)
COURSE LAYER THICKNESS (Inches)
THICKNESS
(Inches) Type S-I Type S-I with Type S-IIl FC-3 Type S-III Type S-I
Type S-III with FC-3 with FC-3
Top Layer Top Layer Top Layer
1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd
1 1 1
IY:z lYz
2 l~ % * 1 1
2Yz l~ l~ IY:z 1 112 1
3 lYz IYz 2 1 2 1
* At the Engineer's discretion, 2" of S-III is acceptable for use on residential streets
Additional Notes:
1. Type S-III shall be limited to the final (top) structural layer (one layer only).
2. All asphalt pavement designs shall conform to the requirements of sections 331 and 337
ofFDOT's 2000 Standard Specifications.
3. All pavement designs shall include a minimum of two inches of asphalt.
4. The Contractor shall be responsible to review the project plans for complete pavement
design detail.
5. Unless otherwise specified on the plans, Type S-III per Section 331 of FDOT's 2000
Standard Specifications shall be used as final riding surface on streets with the speed
limit of less than 35 mph, streets with an average daily traffic (ADT) of less than 3000,
and all residential streets.
6. An FC-3 friction course per section 337 of FDOT's 2000 Standard Specifications shall
be used on streets with a speed limit of 35 mph or greater, and streets with an ADT of
3000 or greater.
GENERAL CONSTRUCTION REQUIREMENTS
The general construction requirements for all hot bituminous pavements (including limitations of
operations, preparation of mixture, preparation of surface, placement and compaction of mixture,
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Section IV - Technical Specifications
surface requirements, correction of unacceptable pavement, etc.) shall be in accordance with
Section 330 ofFDOT's 2000 Standard Specifications.
CRACKS AND POTHOLE PREPARATION
CRACKS
Cracks in roadway pavement shall be repaired prior to the application of asphaltic concrete by
the following steps:
1. All debris to be removed from cracks by compressed air or other suitable method.
2. Apply a multiple layered application of bituminous binder and fine aggregate, as
appropriate to the depth of the crack until the void of the crack is completely filled to the
level of the surrounding roadway surface.
3. If application of asphaltic concrete is not to begin immediately after crack repair, cracks
are to be sanded to prevent vehicular tracking.
4. Payment for crack filling shall be included in the unit price for asphaltic concrete.
POTHOLES
Potholes shall be repaired prior to the application of asphaltic concrete by the following steps:
1. All debris is to be removed from potholes by hand, sweeping, or other suitable method.
2. A tack coat is to be applied to the interior surface of the pothole.
3. The pothole is to be completely filled with asphaltic concrete, and thoroughly compacted.
4. Payment for pothole preparation shall be included in the unit price for asphaltic concrete.
ADJUSTMENT OF MANHOLES
The necessary adjustments of sanitary sewer and storm drain manholes and appurtenances shall
be accomplished by the Contractor. The Contractor shall be paid on a per unit basis for each
item.
The use of manhole adjustment risers is acceptable under the following conditions:
The riser shall meet or exceed all FDOT material, weld, and construction requirements.
The riser shall consist of an A-36 hot rolled steel meeting or exceeding the minimum
requirements of A.S.T.M. A-36. The riser shall be a single piece with a stainless steel
adjustment stud and shall have a rust resistant finish. The use of cast iron, plastic, or
fiberglass risers is not permitted. In addition, the installation of each riser shall be per
manufacturers specifications. Each manhole shall be individually measured, and each
riser shall be physically marked to ensure that the proper riser is used. Also, the ring
section shall be cleaned, and a bead of chemically resistant epoxy applied to the original
casting, prior to installation of the riser. It is the Contractors responsibility to ensure that
the manholes are measured, the risers are physically marked, the ring sections are
thoroughly cleaned, and that the epoxy is properly applied prior to installation of each
nser.
If risers are not used, the adjustment of manholes shall be accomplished by the removal of
pavement around manhole, grade adjustment of ring and cover, and acceptable replacement and
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Section IV - Teclmical Specifications
compaction of roadway materials prior to paving. A full depth backfill usmg asphalt is
acceptable. The use of Portland cement for backfill is not acceptable.
All manhole and valve adjustments shall be accomplished prior to the application of final
asphaltic concrete surface. Unless otherwise noted in the specs or on the plans, the paving
operation shall occur within seven (7) calendar days from the completion of the adjustment. On
arterial roadways, the rims manholes are to be ramped with asphalt during the time period
between initial adjustment and final resurfacing. Water and gas valves, sewer cleanouts, valve
boxes, tree aeration vents, etc. will be adjusted by the Contractor with the cost for this work to be
included in the unit cost of the asphalt. Care must be taken around said appurtenances to ensure
that they are not paved over, It is the Contractor's responsibility to inform the owners of all
utilities of impending work and coordinate their adjustments so they are completed prior to the
scheduled paving.
ADDITIONAL ASPHALT REQUIREMENTS
1. All impacted radius returns within project limits shall be paved unless otherwise directed
by the Engineer or Project Inspector, with payment to be included in the per ton bid item
for asphalt.
2. All pavement markings impacted by placement of asphalt shall be replaced prior to the
road being open to traffic unless otherwise noted in the contract scope and plans.
3. All project related debris shall be hauled off the job site by the Contractor in a timely
manner and at their own expense in conformance with all regulatory requirements.
4. The Contractor shall pay particular attention to sweeping when paving. The Broom
Tractor way of sweeping will not be permitted. Prior to paving, all construction areas
shall be swept with a Municipal type sweeper (either vacuum or mechanical type) that
picks up and hauls off, dust and dirt. The sweeper must be equipped with its own water
supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off
of sidewalks, driveways, curbs and roadways each day before leaving the job site.
5. The application of tack and prime coats (either required or placed at the Engineer's
discretion) shall be placed per Section 300 of FDOT's Standard Specifications (latest
edition). Tack shall also be applied to the face of all curbs and driveways. The cost
(including heating, hauling and applying) shall be included in the per ton bid item for
asphalt, unless otherwise noted in the project scope and plans.
6. Leveling course and spot patching shall be applied to sections of the road as noted on the
plans, or as directed by the Engineer, per Section 330 of FDOT's 2000 Standard
Specifications. The cost shall be included in the per ton unit cost for asphalt, unless
otherwise noted in the project scope and plans.
7. If an asphalt rubber binder is required, it shall conform to the requirements of Section 336
ofFDOT's 2000 Standard Specifications.
8. On all streets with curb and gutter, the final compacted asphalt shall be W' above the lip
or face of said curb per City Index 101.
SUPERPAVE ASPHALTIC CONCRETE
1. Unless otherwise noted in this section, all of the asphaltic concrete specifications in
Sections A through H above shall apply to superpave asphaltic concrete. All asphaltic
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Section IV - Technical Specifications
concrete pavement shall be designed and placed in accordance with the FDOT Standard
Specifications for Road and Bridge Construction (latest edition).
2. All aggregate shall be obtained from an approved FDOT source and shall conform to
Sections 901 and 902 ofFDOT's Standard Specifications (latest edition).
3. All bituminous materials shall conform to Section 916 of FDOT's Standard
Specifications (latest edition). Asphaltic binder shall be Grade PG 67-22 unless otherwise
specified in the Scope of Work.
4. All superpave mix designs shall conform to Sections 320 and 334 of FDOT's Standard
Specifications (latest edition).
5. All general construction requirements shall conform to Section 330 of FDOT's Standard
Specifications (latest edition).
BASIS OF MEASUREMENT
Basis of measurement will be the number of tons of asphaltic concrete completed, in place and
accepted. Truck scale weights will be required for all asphaltic concrete used.
BASIS OF PAYMENT
Payment shall be made at the contract unit price for asphaltic concrete surface as specified and
measured above. This price shall include all materials, preparation, hauling, placement, tack
and/or prime coat either required or placed at Engineer's discretion, leveling, spot patching,
filling of cracks, pothole repair, sweeping, debris removal, labor, equipment, tools, and
incidentals necessary to complete the asphalt work in accordance with the plans and
specifications.
24. ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT
When this Article applies to the contract, the unit bid price for asphalt will be adjusted in
accordance with the following provisions:
1. Price adjustment for asphalt shall only be made when the current FDOT Asphalt Price
Index varies more than 10% from the bid price at the time of the bid opening.
2. The Bituminous Material Payment Adjustment Index published monthly by the FDOT
shall be used for the adjustment of unit prices. This report is available on FDOT's internet
site. The address is: http://wwwll.myflorida.com.Itis under the section "Doing Business
with FDOT" in the "Contracts Administration" section under "Asphalt Index". For
additional information, call FDOT @ 850-414-4000.
3. The FDOT Payment Adjustment Index in effect at the time of the bid opening will be
used for the initial determination of the asphalt price.
4. The FDOT Payment Adjustment Index in effect at the time of placement of the asphalt
will be used for payment calculation.
5. The monthly billing period for contract payment will be the same as the monthly period
for the FDOT Payment Adjustment Index.
6. No adjustment in bid prices will be made for either tack coat or prime coat.
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Section IV - Technical Specifications
7. No price adjustment reflecting any further increases in the cost of asphalt will be made
for any month after the expiration of the allowable contract time.
8. The City reserves the right to make adjustments for decreases in the cost of asphalt.
29. CONCRETE CURBS
Concrete Curbs shall be constructed to the line, grade and dimensions as shown on the plans.
Unless otherwise noted, all concrete curbs shall have fiber mesh reinforcement and have a
minimum strength of 3000 p.s.i. at 28 days. Expansion joints shall be placed at intervals not to
exceed 100 feet, and scored joints shall be placed at intervals not to exceed 10 feet. In addition,
all the requirements of City Articles 6, 7, and 8 shall also apply. The Contractor shall notify the
Project Inspector a minimum of 24 hours in advance of the placement of all concrete curbs.
BASIS OF MEASUREMENT
The basis of measurement shall be lineal feet of curb in place and accepted.
BASIS OF PAYMENT
Payment shall be the unit price per lineal foot of curb, which price shall be full compensation for
all work described in this and other applicable parts of the specifications and shall include all
materials, equipment, tools, labor and incidentals necessary to complete the work.
34. MATERIAL USED
All material incorporated into the final work shall be new material unless otherwise approved by
the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all
materials.
35. CONFLICT BETWEEN PLANS AND SPECIFICATIONS
Whenever a conflict appears between the plans and specifications, the more stringent
requirement shall apply. If a conflict is of such a nature as to require a decision, then a written
request for clarification must be made prior to starting that phase of construction.
38. EROSION AND SILTATION CONTROL
STABILIZATION OF DENUDED AREAS
No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise
authorized by the City Engineer. During construction, denuded areas shall be covered by
mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent
vegetation. Within sixty (60) calendar days after final grade is established on any portion of a
project site, that portion of the site shall be provided with established permanent soil stabilization
measures per the original site plan, whether by impervious surface or landscaping.
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PROTECTION AND STABILIZATION OF SOIL STOCKPILES
Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent
erosion of the stockpiled material. Control of dust from such stockpiles may be required,
depending upon their location and the expected length of time the stockpiles will be present. In
no case shall an unstabilized stockpile remain after thirty (30) calendar days.
PROTECTION OF EXISTING STORM SEWER SYSTEMS
During construction, all storm sewer inlets in the vicinity of the project shall be protected by
sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and
modified as required by construction progress, and which must be approved by the City Engineer
before installation.
SEDIMENT TRAPPING MEASURES
Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative
buffers and other measures intended to trap sediment and/or prevent the transport of sediment
onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the
case of vegetative buffers, protected from disturbance, as a first step in the land alteration
process. Such systems shall be fully operative and inspected by the City before any other
disturbance of the site begins. Earthen structures including but not limited to berms, earth filters,
dams or dikes shall be stabilized and protected from drainage damage or erosion within one
week of installation.
SEDIMENTATION BASINS
Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive
remedy against downstream siltation and will be shown and detailed on construction plans.
During development, permanent detention areas may be used in place of silt basins, provided
they are maintained to the satisfaction of the City.
The Contractor will be required to prohibit discharge of silt through the outfall structure during
construction of any detention area and will be required to clean out the detention area before
installing any permanent sub drain pipe. In addition, permanent detention areas must be totally
cleaned out and operating properly at final inspection and at the end of the one year warranty
period. When temporary sedimentation basins are used, they shall be capable at all times of
contain-ing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area
tributary to the basin. Such capacity shall be maintained throughout the project by regular
removal of sediment from the basin.
WORKING IN OR CROSSING WATERWAYS OR WATERBODIES
Land alteration and construction shall be minimized in both permanent and intermittent
waterways and the immediately adjacent buffer of25 feet from top of bank of the waterways and
the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel
work cannot be avoided, precautions must be taken to stabilize the work area during land
alteration, development and/or construction to minimize erosion. If the channel and buffer area
are disturbed during land alteration, they must be stabilized within three (3) calendar days after
the in channel work is completed.
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Section IV - Technical Specifications
Silt curtains or other filter/siltation reduction devices must be installed on the downstream side of
the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream
crossings are required, properly sized temporary culverts shall be provided by the contractor and
removed when construction is completed. The area of the crossing shall be restored to a
condition as nearly as possible equal to that which existed prior to any construction activity.
SWALES, DITCHES AND CHANNELS
All swales, ditches and channels leading from the site shall be sodded within three (3) days of
excavation. All other interior swales, etc., including detention areas will be sodded prior to
issuance of a Certificate of Occupancy.
UNDERGROUND UTILITY CONSTRUCTION
The construction of underground utility lines and other structures shall be done in accordance
with the following standards:
a. No more than 400 lineal feet of trench shall be open at anyone time;
b. Wherever consistent with safety and space consideration, excavated material shall be cast
to the uphill side of trenches. Trench material shall not be cast into or onto the slope of
any stream, channel, road ditch or waterway.
MAINTENANCE
All erosion and siltation control devices shall be checked regularly, especially after each rainfall
and will be cleaned out and/or repaired as required.
COMPLIANCE
Failure to comply with the aforementioned requirements may result in a fine and/or more
stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order".
City of Clearwater Standard Detail Drawings No. 601 607 are examples of accepted methods that
may be used or required to control erosion and siltation.
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Section IV - Technical Specifications
City of Clearwater - Erosion Control
This notice is to inform the prime contractor that the City of Clearwater holds them responsible
for soil erosion control on their site.
The City of Clearwater Public Works Department has the responsibility to minimize the amount
of soil erosion into the City's streets, storm sewers and waterways.
The construction of a new residence or commercial site and major remodeling of an existing site
creates a potential for soil erosion. These instances are usually the result of contractors and
subcontractors accessing the property with equipment or construction materials. Then rain storms
redistribute the eroded soil into the adjacent streets, storm systems and waterways.
When erosion takes place, a Planning & Development Services Inspector or a Public Works
Inspector will place a correction notice at the site. The procedure will be as follows:
1st occurrence Warning
2nd occurrence $32 reinspection fee
3rd occurrence $80 reinspection fee
4th occurrence Stop work order
Dependent on the severity of the erosion, the City's Public Works Administration Department
may elect to rectify the erosion problem and charge the contractor accordingly.
The attached drawings and details are recommendations for the contractor to use as means to
support the site from eroding. The contractor may elect to shovel and sweep the street daily or on
an as needed basis. However, erosion must be held in check.
If the contractor would like to meet with a Public Works inspector on any particular site, please
contact Construction at 462-6126 or Planning & Development Services at 562-4741.
Erosion Control Required - City of Clearwater's Code of Ordinances requires erosion control on
all land development projects.
Erosion control must be in place and maintained throughout the job. Failure to do so may result
in additional costs and time delays to the permit holder.
Contact Public Works Administration with specific questions at 562-4750.
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Section IV - Technical Specifications
40. AWARD OF CONTRACT. WORK SCHEDULE & GUARANTEE
It will be required that the work will commence not later than five (5) calendar days after the
Engineer gives written notice to proceed, which notice shall be given as outlined in Article 2 -
General Conditions.
It is further required that all work within this contract be completed within 60 consecutive
calendar days. Contract date to commence at issuance of notice to proceed. If the Contractor fails
to complete the work within the stipulated time, the City will retain the amount stated in the
Contract, per calendar day, for each day that the contract remains incomplete. The work shall be
discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the
Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee
Holidays, that in the opinion of the Assistant Public Services Director, will require the presence
of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three
Hundred Twenty Dollars ($320.00) per eight-hour day for each Inspector given such assignment.
The Contractor shall remedy any defects in the work at his own expense and pay for any damage
to other work resulting therefrom which appear within a period of one year from the date of final
acceptance.
44. WORK ZONE TRAFFIC CONTROL
CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL
The Contractor shall be responsible to furnish, operate, maintain and remove all work zone
traffic control associated with the Project, including detours, advance warnings, channelization,
hazard warnings and any other necessary features, both at the immediate work site and as may be
necessary at outlying points.
WORK ZONE TRAFFIC CONTROL PLAN
The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of
performance outlined in the Scope of the Work and/or as may be required by construction
permits issued by Pinellas County and/or the Florida Department of Transportation for the
Project, incorporating the methods and criteria contained in Part VI, Standards and Guides for
Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident
Management Operations in the Manual on Uniform Traffic Control Devices published by the
U.S. Department of Transportation and adopted as amended by the Florida Department of
Transportation, or most recent addition.
WORK ZONE SAFETY
The general objectives of a program of work zone safety is to protect workers, pedestrians,
bicyclists and motorists during construction and maintenance operations. This general objective
may be achieved by meeting the following specific objectives:
. Provide adequate advance warning and information regarding upcoming work zones.
. Provide the driver clear directions to understanding the situation he will be facing as he
proceeds through or around the work zone.
. Reduce the consequences of an out of control vehicle.
. Provide safe access and storage for equipment and material.
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Section IV - Technical Specifications
. Promote speedy completion of projects (including thorough cleanup of the site).
. Promote use of the appropriate traffic control and protection devices.
. Provide safe passageways for pedestrians through, in, and/or around construction or
maintenance work zones.
The 2004 Design Standards (DS), Index 600
"When an existing pedestrian way or bicycle way is located within a traffic control work zone,
accommodation must be maintained and provision for the disabled must be provided. Only
approved temporary traffic control devices may be used to delineate a temporary traffic control
zone pedestrian walkway. Advanced notification of sidewalk closures and detours marked shall
be provided by appropriate signs".
2004 Standard Specifications for Road and Bridge Construction
102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards CDS) are the minimum
standards for the use in the development of all traffic control plans
ROADWAY CLOSURE GUIDELINES
Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local
Following are typical requirements to be accomplished prior to closure. The number of
requirements increase with traffic volume and the importance of access. Road closures affecting
business or sole access routes will increase in process requirements as appropriate. For all but
local streets, no road or lane closures are allowed during the Christmas holiday season and the
designated "Spring Break" season with prior approval by the City Engineer.
All ROADWAYS
Obtain permits for Pinellas County and Florida Department of Transportation roadways.
Traffic control devises conform to national and state standards.
PUBLIC NOTIFICATION
Standard property owner notification prior to start of construction for properties directly affected
by the construction process.
MAJOR ARTERIALS, MINOR ARTERIALS, lOCAL COllECTORS
Consult with City Traffic staff for preliminary traffic control options.
Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary.
PUBLIC NOTIFICATION
Message Board Display, Minimum of 7 -day notice period prior to road closure and maybe longer
for larger highway. The message board is to be provided by the Contractor.
MAJOR ARTERIALS, MINOR ARTERIALS
PUBLIC NOTIFICATION
C- View Release
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Section IV - Technical Specifications
MAJOR ARTERIALS
PUBLIC NOTIFICATION
News Release
The Message Board may need to be displayed for a period longer than 7 days.
APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN
The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a
specification of the work, to confer in advance of beginning any work on the Project, with the
Office of the Traffic Engineer, Municipal Services Building, 100 South Myrtle Avenue,
telephone 562-4772, for the purpose of approval of the Contractor's proposed detailed traffic
control plan.
INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION
The Office of the Traffic Engineer may inspect and monitor the traffic control plan and traffic
control devices of the Contractor. The City's Construction Inspector assigned to the project, may
make known requirements for any alterations or adjustments to the traffic control devices. The
Contractor shall take direction from the Project Engineer or Project Inspector.
PAYMENT FOR WORK ZONE TRAFFIC CONTROL
Payment for work zone traffic control is a non-specific pay item to be included in the
construction costs associated with other specific pay items unless specifically stated otherwise in
the Scope of Work in these Technical Specifications and a bid item(s) is included for Work Zone
Traffic Control in the proposal form.
50. PROJECT INFORMATION SIGNS
SCOPE AND PURPOSE
The City desires to inform the general public on the City's use and expenditure of public funding
for general capital improvement and maintenance projects. To help accomplish this purpose, the
Contractor is required to prepare and display public project information signs during the full
course of the contract period. These signs will be displayed at alllocation(s) of active work.
TYPE OF PROJECT SIGN, FIXED OR PORTABLE
Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended
locations or various locations. Payment to Contractor for the preparation, installation and
management of proj ect sign( s) shall be lump sum for the entire proj ect. The number of and type
of signs will be stated in the Scope of the Work section of the contract documents. Lump sum
item will be included in the bid proposal for signs. The particular wording to be used on the signs
will be determined after contract award has been approved. Contractor will be provided the
wording to be used on sign at the preconstruction conference.
FIXED SIGN
Fixed sign shall be 4' by 8' in size and painted on a sheet of exterior grade plywood of the same
size and a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure
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Section IV - Technical Specifications
treated 4" by 4" below grade pressure treated wooden posts and braced as necessary for high
winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign
must be a minimum of 24" above the ground. Alternate mounting system or attachment to
fencing or other fixed structure can be considered for approval. Sign shall be painted white on
both sides with exterior rated paint.
PORTABLE SIGNS
Portable sign shall be a minimum of 24" by 30" in size and will be attached to a standard sized
portable traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of
white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two
signs located and attached to each side of the traffic barricade.
SIGN COLORING
Background shall be white. Project Descriptive Name shall be in blue lettering. All other
lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional
to the sign itself.
SIGN PLACEMENT
Signs shall be placed where they are readily visible by the general public which pass by the
project site. Signs are not to be placed where they may become a hazard or impediment to either
pedestrian or vehicular traffic. For construction projects outside of the City's right-of-way, the
signs will be placed on the project site. For projects constructed inside of the City's right-of-way,
the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of
active work on the project. Multiple portable signs will be necessary where work is ongoing in
several locations at the same time. Fixed signs are to be placed at the start of construction and
will remain in place until the request for final payment.
SIGN MAINTENANCE
The Contractor is responsible for preparation, installation, movement, maintenance, replacement,
removal and disposal of all project signs during the full course of the contract period. The
Contractor will place and secure portable signs from dislocation by wind or other actions. Signs
are to be cleaned as necessary to maintain legibility and immediately replaced if defaced.
TYPICAL PROJECT SIGN
PROJECT NAME
A CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT
FUNDING:
CONTRACTOR:
CONSTRUCTION COMPLETION:
CITY PROJECT MANAGER: PHONE
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Section IV - Technical Specifications
52. RESIDENT NOTIFICATION OF START OF CONSTRUCTION
52.1 RESIDENT NOTIFICATION PERFORMED BY CITY
See below for Resident Notification performed by the Contractor.
52.2 RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR
The Contractor shall notify all residents along the construction route with a printed door hanger
notice indicating the following information about the proposed construction work and the
. Contractor performing the work: City seal or logo; the scheduled date for the start of
construction; the type of construction; general sequence and scheduling of construction events;
possibility of water service disruption and/or colored water due to construction efforts;
Contractor's name, the Superintendent's name, Contractor address and telephone number;
Contractor's company logo (optional); requirement for residents to remove landscaping and/or
other private appurtenances which are in conflict with the proposed construction; and other
language as appropriate to the scope of Contract work. Sample door hanger including proposed
language shall be approved by the City prior to the start of construction. Notification shall be
printed on brightly colored and durable card stock and shall be a minimum of 4 ~ by 11 inches
in size. Notification (door hanger) shall be posted to residences and businesses directly affected
by the Contractor's activities no later than 7 days prior to the start of construction activity.
Directly affected by the Contractor's activities shall mean all Contractor operations including
staging areas, equipment and material storage, principal access routes across private property,
etc. Contractor cannot start without proper 7 day notice period to residents. Contractor is
required to maintain sufficient staff to answer citizen inquiries during normal business hours and
to maintain appropriate message recording equipment to receive citizen inquires after business
hours.
Resident notification by the Contractor is a non-specific pay item to be included in the bid items
provided in the contract proposal.
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Section IV - Technical Specifications
EXAMPLE
CITY SEAL
Of
CITY OF CLEARWATER
NOTICE OF CONSTRUCTION
TODAY'S DATE: / /
---
PLEASE EXCUSE US FOR ANY INCONVENIENCE
We are the construction contractor performing (state type of contract) for the City of Clearwater
in your area. The work will be performed in the public right-of-way adjacent to your property.
This notice is placed a minimum of 7 days in advance of construction to notify property owners
of the pending start of construction.
(Brief description of the construction process to be expected by the property owners)
The construction process may necessitate the removal of certain items from the right-of-way.
Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the
contractor within a reasonably short period of time. The replacement of driveways and sidewalks
will be made using standard asphalt or concrete materials. The property owner is responsible for
the expense and coordination to replace driveways and sidewalks which have customized colors,
textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or
structures within the right-of-way which must be removed due to the construction process will
not be replaced. The property owner is responsible to relocate any such items which the property
owner wishes to save prior to the start of construction. Vehicles parked on the streets or within
the right-of-way may be required to be placed elsewhere.
We are available to answer any questions you may have regarding the construction process or
any particular item that must be relocated. Please contact our Construction Superintendent
at (727) . We will be more than happy to assist you.
Construction is anticipated to begin on:
Company Name
Company Address
Contractor Phone Number
Section IV - Scope of Work CheckJist-Civil.doc
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Section IV - Technical Specifications
56. CLEARING AND GRUBBING
The work included in this specification includes the removal and disposal of all structures,
appurtenances, asphalt, concrete, curbs, walls, trees, roots, vegetation, boulders, conduits, poles,
posts, pipes, inlets, brush, stumps, debris and other obstructions resting on or protruding through
the ground surface necessary to prepare the area for construction.
Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard
Specifications (latest edition). Unless otherwise specified in the contract documents, the
Contractor shall take ownership of all removed material and dispose of them off-site in
accordance with all Local, State and Federal Requirements.
BASIS OF MEASUREMENT
The basis of measurement shall be either a lump sum quantity or the number of acres cleared and
grubbed as specified on the plans or directed by the Engineer.
BASIS OF PAYMENT
The pay item for clearing and grubbing shall include: all removal and disposal of materials and
structures as well as all materials, hauling, equipment, tools, labor, leveling of terrain, landscape
trimming and all incidentals necessary to complete the work.
59. TRAFFIC SIGNAL EQUIPMENT AND MATERIALS
All traffic signal work shall be performed per the latest edition of FDOT's Standard
Specifications (Sections 603 through 690), unless otherwise specified in the contract documents
and plans.
This specification includes, but is not limited to, the following items: all necessary equipment,
materials, guaranties, acceptance procedures, signal timings, field tests, grounding, conduit,
signal and interconnect cable, span wire assemblies, pull and junction boxes, electrical power
service assemblies, poles, signal assemblies, pedestrian assemblies, inductive loop detectors,
pedestrian detectors, traffic controller assemblies, controller cabinets and accessories, and
removal of existing traffic signal equipment.
All mast arms signal installations shall meet the requirements of FDOT's Mast Arm Assembly
standard, and shall be signed and sealed by a professional engineer registered in the state of
Florida. All mast arm calculations, as well as the geotechnical report, shall also be signed and
sealed by aprofessional engineer registered in the state of Florida. All mast arm poles shall be
chestnut bronze, with the color approved by the City prior to placement.
All traffic signal indicators shall be LED's, approved by both the City and FDOT.
Contractor changes to the operation of an existing signal is PROHIBITED unless directed by the
City's Traffic Engineering Division.
BASIS OF MEASUREMENT AND PAYMENT
The basis of measurement and payment shall be specified in the contract documents and/or plans
and shall include all equipment, preparation, materials, testing and incidentals required to
complete the work per the plans.
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
62. TREE PROTECTION
TREE BARRICADES
A. A protective barrier shall be placed around all protected trees and palms prior to land
preparation or construction activities within or adjacent to the work zone, including all
staging and/or lay down areas. Protective barriers shall be installed as follows:
1. At or greater than the full drip line of all species of Mangroves and Cabbage Palms.
2. At or greater than the full drip line or all protected native pine trees and other conifer
speCIes.
3. At or greater than two-thirds of the drip line of all other protected species
4. At or greater than the full drip line of trees within a specimen tree stand.
B. Protective barriers are to be constructed using no less than two-inch lumber for upright posts.
Upright posts are to be at least four feet in length with a minimum of one foot anchored in
the ground. Upright posts are to be placed at a maximum distance of eight feet apart.
Horizontal rails are to be constructed using no less than one inch by four-inch lumber and
shall be securely attached to the top of the upright post. The project City's representative
must approve any variation from the above requirements.
C. Whenever a protective barrier is required, it shall be in place until all construction activity is
terminated. The area within the barrier limits shall remain undisturbed by any activity during
construction. Native ground cover and understory vegetation existing within the barriers shall
remain throughout construction. Exotic plant species may only be removed by manual labor
utilizing hand tools or by other means if authorized in writing by the City's representative.
D. Prior to the erection of any required protective barrier, all surface foreign material, trash or
debris shall be removed from the area enclosed by the barrier, and after erection of the barrier
no such material or litter shall be permitted to remain within the protected area. No
equipment, chemicals, soil deposits or construction materials shall be placed within such
protective barriers.
E. No signs, building permits, wires, or other attachments of any kind shall be attached to any
protected tree or palm.
F. At all times, due care shall be taken to protect the critical root zone of trees protected by this
section, and root pruning requirements shall apply to such trees.
ROOT PRUNING
A. Where proposed construction improvements involve excavation and/or impacts to the critical
root zone of protected trees, the Contractor shall be required to have an International Society
of Arboriculture (ISA) certified arborist perform, or directly supervise root pruning to reduce
the impacts of construction. The critical root zone is equivalent to the tree's drip line. Prior to
any clearing, grubbing or excavation activities, the affected roots must be severed by clean
pruning cuts at the point where grubbing or excavation impacts the root system. Roots can be
pruned utilizing specified root pruning equipment designed for that purpose or by hand
digging a trench and pruning roots with a pruning saw, chain saw or other equipment
Section IV - Scope of Work Checklist-Civil.doc
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Section IV - Technical Specifications
designed for tree pruning. Root pruning by trenching equipment or excavation equipment is
strictly prohibited. Roots located in the critical root zone that will be impacted by
construction activities shall be pruned to a minimum depth of 18 inches below existing grade
or to the depth of the proposed impact if less than 18 inches from existing grade. Tim Kurtz,
Senior Landscape Architect is the City's Representative on Public Works projects for root
Pruning issues and can be reached at (727) 562-4737, or through the construction inspector
assigned to the project.
B. Root pruning shall only be preformed by or under the direct supervision of an International
Society of Arboriculture (ISA) certified arborist.
C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted)
inspected and approved by the City's representative prior to actual root pruning.
D. Root pruning shall be preformed as far in advance of other construction activities as is
feasible, but at a minimum shall be performed prior to ANY impacts to the soil. Associated
tree protection measures should be implemented upon completion of said root pruning.
E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any
root pruning activities.
F. Root pruning shall be limited to a minimum often inches per one inch of the trunk diameter
from the tree base. Any exception must be approved by the City's representative prior to said
root pruning.
G. Roots shall be cut cleanly, as far from the trunk of the tree as possible. Root pruning shall be
done to a minimum depth of 18" from existing grade, or to the depth of the disturbance if less
than 18".
H. Root pruning shall be performed using a Doscocil Root Cutting Machine or equivalent.
Alternate equipment or techniques must be approved by the City's representative, prior to
any work adjacent to trees to be preserved.
1. Root pruning shall be completed, inspected and accepted prior to the commencement of any
excavation or other impacts to the critical root zones of trees to be protected.
J. Excavations in an area where root are present shall not cause the tearing or ripping of tree
roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneled
around to prevent damage to the root.
K. Tree roots shall not be exposed to drying out. Root ends shall be covered with native soil or
burlap and kept moist until final backfill or final grades has been established.
L. When deemed appropriate (e.g., during periods of drought) the City representative may
require a temporary irrigation system be utilized in the remaining critical root zones of root
pruned trees.
M. When underground utility lines are to be installed within the critical root zone, the root
pruning requirement may be waived if the lines are installed via tunneling or directional
boring as opposed to open trenching.
PROPER TREE PRUNING
A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or
under the direct supervision of an International Society of Arboriculture (ISA) certified
arborist. Furthermore, all tree work shall conform to the American National Standards
Section IV - Scope of Work Checklist-CiviI.doc
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Section IV - Technical Specifications
Institute (ANSI) 2001, American National Standard for tree care operations- Tree, Shrub and
other Woody Plant Maintenance - Standard practices (pruning) ANSI A-300.
B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts
(pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree)
are improper techniques. Any protected tree that has been improperly pruned will not be
recognized as a tree left on the project in a healthy growing condition, and will require
replacement consistent with the current City Codes and Ordinances.
C. No protected tree shall have more than 30 percent of its foliage removed.
D. No protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been
improperly pruned will not be recognized as a tree left on the project in a healthy growing
condition, and will require replacement consistent with the current City Codes and
Ordinances.
E. Tree Trunks and limbs shall be protected. The use of tree spikes or other devices that damage
trunk and bark tissue on protected trees shall be prohibited. Any protected tree that has been
damaged in such a manner will not be recognized as a tree left on the project in a healthy
growing condition, and will require replacement consistent with the current City Codes and
Ordinances.
Section IV - Scope of Work Checklist-Civil.doc
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SECTION V
CONTRACT BOND
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we
Contractor and
(Surety) whose home address is
as
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of:
Dollars ($ )
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns for the faithful performance of a certain written contract, dated the day of
, 2006, entered into between the Contractor and the City of Clearwater for:
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2006.
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
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CONTRACT
This CONTRACT made and entered into this _ day of , 2006 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROl\'1 ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERV ANTS OR EMPLOYEES.
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CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplcte beyond the time limit specified herein, which sum of $1,000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful perfornlance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINEIJLAS COUNTY, FLORIDA
By:
William B. Home, II
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilrnember
Approved as to form and
legal sufficiency:
Bryan D. Ruff
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or mdividual.)
( Contractor)
By:
(SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the
(TITLE)
, a Florida Corporation, with its principal place
(herein, the "Contractor").
of
of business located at
That the Contractor was the general contractor under a contract executed on the day of
, 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
AFFIANT
This _ day of
, 2006.
BY:
NOT ARY PUBLIC
My Commission Expires:
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal, and
as Surety, are held and firmly bound unto the City of Clearwater,
Florida, in the sum of Dollars ($ )
(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
The condition ofthe above obligation is such that if the attached Proposal of
as Principal, and
as
Surety, for work specified as:
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and fumish the required Performance Bond with surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue
by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this
day of
, 2006.
(principal must indicate whether
corporation, partnership, company
or individual)
Principal
The person signing shall, in his own
handwriting, sign the Principal's
name, his own name and his title;
the person signing for a corporation
must, by affidavit, show his authority
to bind the corporation.
By:
Title
Surety
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AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF
)
)
being duly sworn, deposes and says that he/she is
Secretary of
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
County
State
Street & Number
City
Affiant further says that he IS familiar with the records, minute books and by-laws of
(Name of Corporation)
Affiant further says that
IS
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for
for said corporation by virtue of
(state whether a provision of by laws or a Resolution ofthe Board of
Directors. Ifby Resolution give date of adoption).
Affiant
Swom to before me this
day of
,2006.
Notary Public
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
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NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF )
being, first duly sworn, deposes and says that he is
of
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in. or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this _ day of
, 2006.
Notary Public
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PROPOSAL
(1)
TO THE CITY OF CLEAR'V ATER, FLORIDA, for
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attomey as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attomey; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
SectionV.doc
Page 10
Revised: 5/1 1/2006
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PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
($
)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES:
ADDRESSES:
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
Section V .doc
Page 11
Revised: 5/11/2006
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corporation.
By:
Title:
Business Address of Bidder:
City and State:
Zip Code
Dated at
, this
day of
, A.D., 2006
SectionV.doc
Page 12
Revised: 5/11/2006
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CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT:
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
SectionV.doc
Page 13
(Name of Bidder)
(Signature of Officer)
(Title of Officer)
(Date)
Revised: 5/11/2006
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BIDDER'S PROPOSAL - UNIT PRICES
PROJECT: Myron A. Smith Bayview Park Civil Site Work
PROJECT DESCRIPTION: BID No.
Item Description Unit Quantity Total Cost
Base Bid
2300 linear feet of 8-feet wide, 4-inch thick,
compacted, 1/2-inch crushed shell, w/6-inch
concrete header curb on both sides.Total width to
be 9-feet. Include excavation and backfill to meet
1 exisitna made LS 1
2 56 lineal feet retaininq wall as shown on olans LS 1
Installation and compaction of 14 cubic yards of
3 backfill. Backfill to be orovided bv City. LS 1
4 6-inch thick reinforced concrete slab 23'x34' 2
5-feet wide, 1/2-inch crushed shell 25 lineal feet
5 handicao ramo as shown on olans LS 1
6 4-inch thick concrete slab 3'x6' 3
7 4-inch thick concrete slab 3'x9' 4
6-inch thick reinforced concrete slab for parking
8 19'x25' 1
9 Install information kiosk orovided by owner LS 1
400 square feet of 4-inch thick, compacted, 1/2-inch
10 crushed shell bike trail head LS 1
10-feet wide, 4-inch, compacted, 1/2-inch crushed
11 shell 22-feet for oark entry as shown on olans LS 1
25 lineal feet, 18-inch diameter RCP w/MES as
12 shown on plans LS 1
13 Proiect Siqn LS 1
14 10% Continqency LS 1
TOTAL (ITEMS 1-14)
Alternate Bid, Addition
1 Preoare qrass parkina soaces as shown on olans 8
2 60 linear feet of ribbon curb as shown on olans LS 1
Alternate Bid, Deduction
300 linear feet of 6-inch header curb on both sides
1 of trail LS 1
(Note: Contigency funds shall only be utilized upon written approval by the Owner of the
Owner's Representative to utilize these funds for additional Scope of Work not indicated in
item 1 of the Bill of Quantities. Contigency funds not utilized in the implementation of this
contract shall be returned to the Owner by final change order druing close out of the
contract.
CONTRACTOR:
BIDDER'S GRAND TOTAL
$
(NUMBERS)
Section V.doc
Page 14
Revised 12122104
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Item Description
Quantity T6tal Cost
BIDDER'S GRAND TOTAL
(WORDS)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP
THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND
BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS
PRICES AND LUMP SUM PRICE SHALL GOVERN.
~
Section V.doc
Page 15
Revised 12/22/04
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Southwest Contracting, Inc. (Bid # 06-0021-PR) of Odessa Florida, for $208,299.19 and
approve a change order deduct in the amount of $57,937.11 which includes a reduction in the contingency
from 10% to 8%, for a net contract amount of $150,362.08, to provide for natural landscaping and irrigation
of the Myron A. Smith Bayview Park and authorize the appropriate officials to execute same.
SUMMARY:
In partnership with Pinellas County, the City entered into a Grant Award Agreement in November 2002 with
Florida Communities Trust (FCT), a State of Florida agency, for the purchase of 4.2 acres ofland located at
3035 Gulf to Bay Boulevard. On August 19, 2004 the City Council approved a Recreational Easement
Agreement between the City of Clearwater and Pinellas County in accordance with the Management Plan.
Also, on December 2,2004 the City Council named the park "Myron A. Smith Bayview Park". On February
17, 2005 the City Council approved funding of $200,000 for the development of the Myron A. Smith
Bayview Park in accordance with the management plan. This funding was in addition to a $200,000 Land and
Water Conservation Grant that was awarded to the City on December 1, 2005. Two public meetings were
held to gather input into the design of the park. In addition, staff has been in communication with the Historic
Bayview Association Inc. relative to the final development of the park. This contract is for the landscaping of
the park, which includes labor and materials to landscape and irrigate the park according to approved
landscape plans. Additional construction work, which includes a crushed shell path, concrete curbs, parking,
and sidewalks, will be completed under a separate contract. In addition, the City will install shade structures,
signage, picnic tables and other park amenities. Space will also be made available in the park for neighbors
and horticulturalists to plant native plant species and a butterfly garden. The total base bid of $208,299.19
includes a 10% contingency. Staff is recommending that several items totaling $57,937.11, which includes a
reduction in the contingency to 8%, be valued engineered out of the contract. The items valued engineered out
of the contract include a reduction in some of the plant material. The reduction on this material will not have a
major adverse impact on the design and function of the facility. Funding for the project will come from
approved Capital Improvement Project 315-93129. Construction time is 60 days, providing an anticipated
completion date of September 30, 2006. Operating expenses for the park have been included in the FY
2006/07 operating budget.
Type:
Current Year
Budget?:
Capital expenditure
Yes
Budget Adjustment: No
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
$150,362.08
$150,362.08
2005 to 2006
Annual Operating
Cost:
Total Cost:
o
$150,362.08
Appropriation
Code
315-93129
Amount
Appropriation Comment
150,362.08
Approved CIP
Bid Required?:
Other Bid /
Contract:
Yes
Bid Number:
06-0021-PR
Bid Exceptions:
None
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
MYRON A. SMITH BAYVIEW PARK LANDSCAPE & IRRIGATION PROJECT (06-0021-PR)
BID OPENING - TUESDAY, JUNE 21, 2006 AWARD - THURSDAY, JULY 20,2006
SOUTHWEST CONTRACTING,
INC. ODESSA, FL.
BID ITEMS QTY UNIT UNIT PRICE AMOUNT
1 25-gallon Gordonia lasianthus (min. 2-inch caliper) 8 EA $ 244.00 $ 1,952.00
2 15-gallon lIex cassine (min. 1.5-inch caliper) 25 EA $ 156.25 $ 3,906.25
3 7-gallon Smabucus canadensis 35 EA $ 23.20 $ 812.00
4 caliper) 103 EA $ 156.25 $ 16,093.75
5 3-gallon Callicarpa americana 116 EA $ 12.50 $ 1,450.00
6 3-gallon Forestiera segregata 13 EA $ 11.25 $ 146.25
7 3-gallon Hamelia patens 59 EA $ 12.50 $ 737.50
8 3-gallon Hydrangea quercifolia 23 EA $ 15.85 $ 364.55
9 1-gallon Lantana involucrata 87 EA $ 7.50 $ 652.50
10 7-gallon Myrcianthes fragrans 'Compacta' 116 EA $ 28.20 $ 3,271.20
11 3-gallon Opuntia spp. 10 EA $ 68.75 $ 687.50
12 3-gallon Psychotria nervosa 58 EA $ 13.75 $ 797.50
13 3-gallon Sophora tomentosa 34 EA $ 12.50 $ 425.00
14 1-gallon Sorghastrum secundum 328 EA $ 7.50 $ 2,460.00
15 1-gallon Stachytarpheta jamaicensis 222 EA $ 6.25 $ 1,387.50
16 3-gallon Tripsacum dactyloides 303 EA $ 11.25 $ 3,408.75
17 3-gallon Vaccium myrsinites 136 EA $ 21.25 $ 2,890.00
18 7-gallon Viburnum obovatum 28 EA $ 28.20 $ 789.60
19 1-gallon Gaillardia pulchella 36 EA $ 7.50 $ 270.00
20 1-gallon Asclepias tube rosa 84 EA $ 12.50 $ 1,050.00
21 1-gallon Blechnum serrulatum 210 EA $ 7.50 $ 1,575.00
22 1-gallon Eustoma exaltatum 238 EA $ 10.00 $ 2,380.00
23 1-gallon Helianthus debilis 43 EA $ 6.25 $ 268.75
24 1-gallon Hymenocallis latifolia 130 EA $ 6.25 $ 812.50
25 1-gallon Ipomoea pes-caprae 174 EA $ 7.50 $ 1,305.00
26 1-gallon Mimosa strigillosa 441 EA $ 7.50 $ 3,307.50
27 1-gallon Muhlenbergia capillaris 355 EA $ 7.50 $ 2,662.50
28 3-gallon Sereona repens 1,880 EA $ 18.20 $ 34,216.00
29 1-gallon Thelypteris spp. 1,778 EA $ 11.75 $ 20,891.50
30 1-gallon Uniola paniculata 161 EA $ 7.80 $ 1,255.80
31 1-gallon Verbena tampensis 163 EA $ 7.80 $ 1,271.40
32 3-gallon Zamia pulmia 143 EA $ 22.10 $ 3,160.30
33 1 "-2" Nugget Pine Bark Mulch 3-inch thick 17,131 SF $ 0.80 $ 13,704.80
34 Irrigation System Materials and Installation 1 LS $ 59,000.00 $ 59,000.00
Subtotal (ITEMS 1-34) $ 189,362.90
35 10% Contingency 1 LS $ 18,936.29
TOTAL BID (ITEMS 1-35) $ 208,299.19
BIDS SOLICITED - 8
Contractors Picking Up Plans/Specs - 4
Contractors Submitting Bids - 1
No Response - 3
Morelli Landscape
Vila & Son Landscaping Corp.
Smith Landscape Service Inc.
MYRON A. SMITH BAYVIEW PARK LANDSCAPE & IRRIGATION PROJECT (06-0021-PR)
BID OPENING - TUESDAY, JUNE 21, 2006 AWARD - THURSDAY, JULY 20,2006
SOUTHWEST CONTRACTING,
INC. ODESSA, FL.
BID ITEMS QTY UNIT UNIT PRICE AMOUNT
1 25-gallon Gordonia lasianthus (min. 2-inch caliper) 8 EA $ 244.00 $ 1,952.00
2 15-gallon lIex cassine (min. 1.5-inch caliper) 25 EA $ 156.25 $ 3,906.25
3 7-gallon Smabucus canadensis 35 EA $ 23.20 812.00
4 caliper) 50 EA $ 156.25
5 3-gallon Callicarpa americana 116 EA $ 12.50 $ 1,450.00
6 3-gallon Forestiera segregata 13 EA $ 11.25 $ 146.25
7 3-gallon Hamelia patens 59 EA $ 12.50 $ 737.50
8 3-gallon Hydrangea quercifolia 23 EA $ 15.85 $ 364.55
9 1-gallon Lantana involucrata 87 EA $ 7.50 $ 652.50
10 7-gallon Myrcianthes fragrans 'Compacta' 116 EA $ 28.20 $ 3,271.20
11 3-gallon Opuntia spp. 2 EA $ 68.75
12 3-gallon Psychotria nervosa 58 EA $ 13.75 $ 797.50
13 3-gallon Sophora tomentosa 34 EA $ 12.50 $ 425.00
14 1-gallon Sorghastrum secundum 328 EA $ 7.50 $ 2,460.00
15 1-gallon Stachytarpheta jamaicensis 222 EA $ 6.25 $ 1,387.50
16 3-gallon Tripsacum dactyloides 303 EA $ 11.25 $ 3,408.75
17 3-gallon Vaccium myrsinites 136 EA $ 21.25 $ 2,890.00
18 7-gallon Viburnum obovatum 28 EA $ 28.20 $ 789.60
19 1-gallon Gaillardia pulchella 36 EA $ 7.50 $ 270.00
20 1-gallon Asclepias tube rosa 84 EA $ 12.50 $ 1,050.00
21 1-gallon Blechnum serrulatum 210 EA $ 7.50 $ 1,575.00
22 1-gallon Eustoma exaltatum 238 EA $ 10.00 $ 2,380.00
23 1-gallon Helianthus debilis 43 EA $ 6.25 $ 268.75
24 1-gallon Hymenocallis latifolia 130 EA $ 6.25 $ 812.50
25 1-gallon Ipomoea pes-caprae 174 EA $ 7.50 $ 1,305.00
26 1-gallon Mimosa strigillosa 441 EA $ 7.50 $ 3,307.50
27 1-gallon Muhlenbergia capillaris 355 EA $ 7.50 $ 2,662.50
28 3-gallon Sereona repens 500 EA $ 18.20 $ 9,100.00
29 1-gallon Thelypteris spp. 400 EA $ 11.75 $ 4,700.00
30 1-gallon Uniola paniculata 161 EA $ 7.80 $ 1,255.80
31 1-gallon Verbena tampensis 163 EA $ 7.80 $ 1,271.40
32 3-gallon Zamia pulmia 143 EA $ 22.10 $ 3,160.30
33 1 "-2" Nugget Pine Bark Mulch 3-inch thick 17,131 SF $ 0.80 $ 13,704.80
34 Irrigation System Materials and Installation 1 LS $ 59,000.00 $ 59,000.00
Subtotal (ITEMS 1-34) $ 139,224.15
35 1 LS $ 11 ,137.93
TOTAL BID (ITEMS 1-35) $ 150,362.08
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CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
Myron A. Smith
Bayview Park
Landscape Improvements
Project #06-0021-PR
prepared for
~ Clearwater
-
u
ISSUED FOR BID
May /2006
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ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
MYRON A. SMITH BAYVIEW PARK LANDSCAPE & IRRIGATION IMPROVEMENTS
CONTRACT #06-0021-PR
CLEARWATER, FLORIDA
Copies of the Contract Documents and Plans for this project are available for inspection and/or
purchase by prospective bidders at the Municipal Services Bldg., Public Works Administration
Office, 2nd Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of8:30 a.m. and 4:30
p.m. Monday thru Friday, ON WEDNESDAY, MAY 24, 2006, until no later than close of business
three days preceding the bid opening. A charge of $45.00 none of which will be refunded will be
made for each set.
THE WORK FOR WHICH PROPOSALS ARE INVITED CONSISTS OF THE
INSTALLATION OF NEW PLANT MATERIAL AND IRRIGATION COMPONENTS
WITHIN PROJECT BOUNDARIES. REMOVAL OF EXISTING VEGETATION WILL
BE COMPLETED PRIOR TO NOTICE TO PROCEED. CONTRACTOR WILL BE
RESPONSIBLE FOR THE PURCHASE AND COORDINATION OF PLANT
MATERIAL TO INCLUDE DELIVERY CHARGES. IRRIGATION PLANS ARE TO BE
UTILIZED IN CONJUNCTION WITH CITY IRRIGATION STANDARDS. CITY
STAFF WILL HAVE A 1.5" WATER METER ON SITE TO BE UTILIZED.
CONTRACTOR WILL BE RESPONSIBLE FOR ALL PIPE WORK FROM THE
METER AND THROUGHOUT THE SITE. PROJECT SITE IS LOCATED 3035 GULF
TO BAY BLVD., CLEARWATER, FL 33759, TOGETHER WITH NECESSARY
APPURTENANCES TO COMPLETE THIS PROJECT.
A RECOMMENDED Pre-Bid Conference is scheduled for all prospective bidders to be held on
THURSDAY, JUNE 15, 2006, at 10:00 A.M., at the Municipal Services Building, First Floor,
Human Resources Training Room #130, located at 100 S. Myrtle Avenue, Clearwater, Florida.
Representatives of the Owner and Consulting Landscape Architect will be present to discuss this
proj ect.
Sealed proposals will be received by the Purchasine Manaeer, at the Purchasine Office, located
at the Municipal Services BIde., 100 So. Mvrtle Ave., 3rd Floor, Clearwater, Florida 33756-
5520, until 1:30 P.M. on WEDNESDAY, JUNE 21, 2006, and publicly opened and read at that
hour and place for MYRON A. SMITH BAYVIEW PARK LANDSCAPE & IRRIGATION
IMPROVEMENTS (06-0021-PR).
A complete bidders package containing plans, specifications, bond forms, contract form, affidavits
and proposal form is available only to contractors able to perform work in the categories of
EXCAVATION/SITE WORK AND LANDSCAPING & IRRIGATION with a minimum
pre-qualification amount of $100,000.00. Bid acceptance will be contingent upon ability to
meet City qualification standards. A pre-qualification package included in bid documents to
be submitted with proposal.
Contractors, suppliers, or others who are not pre-qualified but who may be interested as a possible
subcontractor, supplier, etc., may purchase a "Subcontractor" package consisting of plans,
specifications, and pay items worksheet.
A 10% bid bond is required for all City of Clearwater proj ects.
The right is reserved by the City Manager of the City of Clearwater, Florida to rej ect any or all bids.
The City of Clearwater, Florida
William B. Home, II, City Manager
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SECTION II
INSTRUCTIONS
TO
BIDDERS
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
S ECTI ON II .......... ..... ........ .................... ...... ................... .......... ............ ..... ... ............. ............ ........ i
1 COPIES OF BIDDING DOCUMENTS................,......................................................... 1
2 QUALIFICATION OF BIDDERS .................................................................................. 1
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE .................................1
4 INTERPRETATIONS AND ADDENDA ....................................................................... 2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME ...... ................................. ............................................. .............. ........ 3
7 LI Q UIDA TED DAMAGES ................... .......................................................................... 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 SUBC 0 NTRA CTO RS........ ........ .......... ......... ................... ................................ ....... ......... 3
10 BID/PRO POSAL FORM ........................... ................. ................... .................................. 4
11 SUBMISSION OF BIDS ........................................................................ .......................... 4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS .................................................................................................... 5
14 DISQUALIFI CATION OF BIDDER...... ....................... .......... .......................... ............. 5
15 OPENING OF BIDS....... ..... .......... ....... .... ............... ................ .............. .............. ....... ...... 5
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5
17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ............................. 6
18 AWARD OF CONTRACT ............................................................................................... 7
19 BID PROTEST ..... ...................................................... .......... ........... ........ .................... ....... 7
20 TRENCH SAFETY ACT .................................................................................................8
SectionlI Revised: 5/ll/2005
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SECTION III
GENERAL CONDITIONS
Table of Contents:
S E CTI 0 N III................................................. ............................................................................ ..... i
GENERAL CONDITIONS.. ....... ... ........ .................... ............ .................... ................. ................ i
DEFINITIONS .......... ........................ ... ......... ............ ....... ...... ............. .............................. 1
PRELIMINARY MATTERS .......... .... ..................... ....... ........... ............... ....................... 4
DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 4
COPIES OF DOCUMENTS............................................................................................ 4
COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING
THE PROJECT............ ........................ ........ ... ...................... ..... ............... ........... ............ 4
BEFORE STARTING CONSTRUCTION.. .......... ............... ............. ...... ....................... 5
PRECONSTRUCTION CONFERENCE....... ................ ........ ........ ..... ..... ....................... 5
CONTRACT DOCUMENTS, INTENT ......................................................................... 5
INTENT .............................. ............................................................................................. 5
REPORTING AND RESOLVING DISCREPANCIES .................................................. 6
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFEREN CE POINT S ...................... .............................................................................. 6
4.1 AVAILABILITY OF LANDS ....................................................................... .................. 6
4.2 INVESTIGATIONS AND REPORTS.... .................. ............ ....................... ........... ........ 6
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ..................................... 7
4.4 REFERENCE POINTS........ ............................................................................................ 7
5 BONDS AND INSURANCE ............................................................................................ 7
. .
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................... 7
5.2 INSURANCE.................................. .............. .............................. ........ .... ......................... 8
5. 2.1 WORKER 's COMPENSATION INSURANCE........................................................... 9
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE ............................. 9
5.2.3 COMPREHENSIVE A UTOMOBILE LIABILITY... ................. ......... ....................... 10
5.3 WAIVER OF RIGHTS ............ ..... ............ ............................ ............. ............ .......... ...... 10
6 CONTRACTORS RESPONSIBILITIES.... ...................... ...................... ..................... 11
6.1 SUPERVISION AND SUPERINTENDENCE .................... .................. .............. ......... 11
6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 11
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 12
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 12
6.5 USE OF PREMISES ........ ............ ...... ....... ...... ......... ................... ................ ............. ...... 13
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ...................................14
6. 7 LAWS AND REGULATIONS.... ................. ....... ................. ..... ........ ..... ....... ................ 14
6.8 PERMITS................................... .........................................................;....... ................... 14
6.9 SAFETY AND PROTECTION.......... .................... ..... .......... ................ ................ ........ 15
6.10 EMERGENCIES....................................... ....... ...................... ....................... ........ ......... 15
6.11 DRAWINGS.............. ................................................ ........... ............. ............ ................ 16
1
2
2.1
2.2
2.3
2.4
2.5
3
3.1
3.2
4
SectionIlI
Revised: 5111/2005
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Section III - General Conditions
6.11.1 SHOP DRA WINGS AND SAMPLES ....................................................................... 16
6.11.2 AS-B UILT DRA WINGS....... ..................... ...... ....... ............ ......- .......... ........ ..... ......... 17
6.11.3 CAD STANDARDS.... .................... .......... .... ......... ........ ......... ........ ............. .... .......... 19
6.11.4 DELIVERABLES:.... ................. ...... ..................... ... ...... ......... ................. ................. 20
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 21
6.13 CONTINUING THE WORK ............. ....................................;......... ...... ......... ....... ....... 21
6.14 INDEMNIFICATION.................... ......... ............................................................. .......... 21
7 OTHER WORK................................. ............................................. ........ ......... ............... 22
7.1 RELATED WORK AT SITE ........................................................................................ 22
7 .2 COORDINATION ....... .......... ........ ..... .................................... ....... .............. .... ....... ....... 23
8 OWNERS RESPO NSffiILITY ........ .......... ...... ........... .... .................................. ............. 23
9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 23
9.1 OWNERS REPRESENTATIVE ........... ................................................ ............ ..... ....... 23
9 .2 CLARIFICATIONS AND INTERPRETATIONS........................................................ 24
9.3 REJECTING OF DEFECTIVE WORK ............ ............ ....... ......... ........ ........ ................ 24
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS .................................. 24
9.5 DECISIONS ON DISPUTES............... ......................................................................... 24
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ........................................... 25
10 CHANGES IN THE WORK.......................................................................................... 25
11 CHANGES IN THE CONTRACT PRICE................................................................... 26
11.1 CHANGES IN THE CONTRACT PRICE.................................................................... 26
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 27
11.3 UNIT PRICE WORK .................................................................................................... 27
12 CHANGES IN THE CONTRACT TIME ....................................................................28
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK...... .............................. ...... ....... ...................... ........................ 28
13.1 TESTS AND INSPECTION................ .................................................................. ........ 28
13.2 UNCOVERING THE WORK .......................................................................................29
13.3. ENGINEER MAY STOP THE WORK ........................................................................ 29
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 30
13.5 WARRANTY/CORRECTION PERIOD ...................................................................... 30
13.6 ACCEPTANCE OF DEFECTIVE WORK ................................................................... 30
13.7 OWNER MAY CORRECT DEFECTIVE WORK ....................................................... 30
14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 31
14.1 APPLICATION FOR PROGRESS PAYMENT ...... .......................... ........................... 31
14.2 CONTRACTOR'S WARRANTY OF TITLE... ........... ......... ....... ... ............ ..... ............. 32
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS ................................32
14.4 PARTIAL UTILIZATION.................... ................... ............................ ......................... 33
14.5 FINAL INSPECTION............................................... ....................... ......... ...... .............. 33
14.6 FINAL APPLICATION FOR PAYMENT .............. ..................................................... 33
14.7 FINAL PAYMENT AND ACCEPTANCE...... ......... ....... ................ .... ......................... 34
14.8 WAIVER OF CLAIMS.... .................... ..................................... ............. ......... ...... ........ 34
SectionlII
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION .................................................... 35
15.1 OWNER MAY SUSPEND THE WORK......................................................................35
15.2 OWNER MAY TERMINATE. ............... ........ ......................... ...................... ......... ...... 35
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 36
16 DISPUTE RESOLUTION .............................................................................................. 36
17 MISCELLANEOUS ............................... .............. ...... ... ..... ........ ....... ..... ..................... ... 37
17 .1 SUBMITTAL AND DOCUMENT FORMS ....... .................... .......... ............... ............. 37
17.2 GIVING NOTICE.... ................. ........... .............. ................ ................... .............. ........... 37
17.3 NOTICE OF CLAIM................ ........................... ....................... ........ ........................... 37
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37
17.5 ASSIGNMENT OF CONTRACT ..... .............. .............. .............. .................................. 37
17.6 RENEWAL OPTION................. ............................................................ .... ....... ..... ....... 37
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SECTION IV
TECHNICAL SPECIFICATIONS
Table of Contents:
S E CTI 0 N IV.................................................................................................................................. i
TECHNICAL SPECIFICATIONS................................................................ ...... ............ ............. i
1. SCOPE OF WORK.............. .................. ..... ....................... ..... ...... .................................... 1
SCOPE DESCRIPTION...................................................... ............................................. .......... 1
SCOPE OF WORK CHECKLIST............................................................................... ....... ........ 2
2 LINE, GRADE AND RECORD DRAWINGS ...................................................................... 4
2.1 LINE & GRADE SHALL BE PERFORMED BY THE CONTRACTOR..................... 4
3 . DEFINITION OF TERMS ......... ............ ......... .......... .... ......... ......... ...................................... 4
4. ORDER AND LOCATION OF THE WORK ................................................................ 5
5. EXCAVATION FOR UNDERGROUND WORK.......................................................... 5
9 . OBSTRUCTIONS ......... ........... ............. ............. ............. ........... ........... ............................ 6
14. BACKFILL........................................................................................................................ 6
17 UNSUITABLE MATERIAL REMOVAL ....................................................................... 7
17.1 BASIS OF MEASUREMENT................................................................................. ......... 7
17.2 BASIS OF PAYMENT...................... ........................................................... ................. ... 7
21. DRAINAGE .............. ............. ................ ..... ........ ............. .............. ......... ........................... 7
25. GENERAL PLANTING SPECIFICATIONS ................................................................ 8
25.1 IRRIGATION.................................................................................................................... 8
DESCRIPTION....................................................................................................................... 8
PRODUCTS............................................................................................................. ............... 9
EXECUTION.................. ........ ............................................................................................... 13
LANDSCAPE........................................................................................................................... 17
GENERAL...................................................................................................;......................... 17
PRODUCTS...................................................................................... .... ...................... .......... 22
EXECUTION.............................................................. .............. ............................................. 25
27. PLANT MIX DRIVEWAYS ........................................................................................... 32
27.1 BASIS OF MEASUREMENT ...................................................... .................................... 32
27.2 BASIS OF PAYMENT..... ................................................ ....................... .................. ....... 32
31. SODDING ...... ......... ...................... ..... .................. ........ .......... .......... ....... ......................... 32
32. SEE D IN G......................................................................................................................... 33
34. MATERIAL USED ............. .............. .................. ...... ...... ......... ........... ............................ 33
35. CONFLICT BETWEEN PLANS AND SPECIFICATIONS ......................................33
38. EROSION AND SILTATION CONTROL ................................................................... 33
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Section IV - Technical Specifications
STABILIZATION OF DENUDED AREAS ........... ... ........................... ...... ....... ........ .... ....... .... 33
PROTECTION AND STABILIZATION OF SOIL STOCKPILES ......................................... 33
PROTECTION OF EXISTING STORM SEWER SySTEMS................................................ 34
SEDIMENT TRAPPING MEASURES.................................................................................... 34
SEDIMENTATION BASINS................................................................................................... 34
WORKING IN OR CROSSING WATERWAYS OR WATERBODIES ..................................34
SWALES, DITCHES AND CHANNELS. .................... ................ .......... .......... ...... ................. 35
UNDERGROUND UTILITY CONSTRUCTION......................................... ........... ............... 35
MAINTENANCE ..................................................................................................................... 35
COMPLIANCE..... ...... ................ ................................................ .......... ...... .... .......................... 35
39. UTILITY TIE IN LOCATION MARKING................................................................. 38
40. AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE.................... 38
41. WATER MAINS AND APPURTENANCES ................................................................ 39
41.1 SCOPE.......................................................................................................................... 39
41.2 MATERIALS. ........ ........ ......... ...... ......... ........................................... ......... ..... .... ...... .... 39
GENERAL............................................................................................................................. 39
PIPE MATERIALS AND FITTINGS ................... .................................................................. 39
GATE VAL VES ...................................................................................................................... 41
VAL VE BOXES...................................................................................................................... 41
HyDRANTS............................................................................ ............................................... 41
SERVICE SADDLES... .......................................................................................................... 42
TESTS, INSPECTION AND REPAIRS....................................................... ........................... 42
BACKFLOW PRE VENTERS ................................................................................................ 43
TAPPING SLEEVES.............. ......................................................................."....................... 44
BLOW OFF HyDRANTS...................................................................................................... 44
CONS TRUCTION .................................................................................................................... 44
MATERIAL HANDLING................................................................................................ ....... 44
PIPE LAyING....................................................................................................................... 44
SETTING OF VALVES, HYDRANTS AND FIITINGS......................................................... 45
CONNECTIONS TO EXISTING LINES .................. ......... ......... .......... ................................. 46
TESTS46
HYDROSTATIC TESTS............................................................................................. ............ 46
NOTICE OF TEST................................................................................................................ 47
STERILIZATION..................................................................................................................... 47
STERILIZING AGENT.......................................................................................................... 47
FL USHING SySTEM............................................................................................. ............... 47
STERILIZATION PROCEDURE.......................................................................................... 47
RESIDUAL CHLORINE TESTS............................................................................................ 47
BA CTERIAL TESTS.............................................................................................................. 47
MEASUREMENT AND PAYMENT......... ........ ............................................................... ....... 48
GENERAL............................................................................................................................. 48
FURNISH AND INSTALL WATER MAINS...........................................................................48
FURNISH AND INSTALL FITTINGS..... ................ ....... ........ ......... ............ .......................... 48
FURNISH AND INSTALL GATE VALVES COMPLETE WITH BOXES AND COVERS ..... 49
FURNISH AND INSTALL FIRE HyDRANTS....................................................................... 49
44. WORK ZONE TRAFFIC CONTROL ......................................................................... 50
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Section IV - Technical Specifications
CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL ..................... 50
WORK ZONE TRAFFIC CONTROL PLAN ..........................................................................50
WORK ZONE SAFETY..... ...................... .......................................... .......... ........... ............... 50
ROADWAY CLOSURE GUIDELINES ....... ........ ... ............. ........ .... ... ... ....... ............. .... .......... 50
ALL ROAD WAyS.................. ............. ............................................................................ ........ 51
MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS................................. 51
MAJOR ARTERIALS, MINOR ARTERIALS........................................... ............. ......... ........ 51
MAJOR ARTERIALS..................................................................................................... ........ 51
APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN............................................... 51
INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION ................................51
PAYMENT FOR WORK ZONE TRAFFIC CONTROL ......................................................... 52
CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR........................ 52
50. PROJECT INFORMATION SIGNS ............................................................................ 53
SCOPE AND PURPOSE. ........ ....................... ..................................................... ..... ........ ........ 53
TYPE OF PROJECT SIGN, FIXED OR PORTABLE............................................................. 53
FIXED SIGN ............................................................................................................................ 53
PORTABLE SIGNS................... .... ....... .............. ........... .......................... ..... ..... ... ....... .... ......... 53
SIGN COLORING.... .... .... ..... ........ ........ ... ..... ........ ... ...... .......... ....... ... ...... ... ...... ....... ........ ........ 53
SIGN PLACEMENT.... ..... ..... ....... ............ ................................................ ........ ....... ................ 53
SIGN MAINTENANCE ........ ..... ......................... ..... .................. ....... ...... ..... ...... ......... ............. 54
TYPICAL PROJECT SIGN ....................... ..... ...... ........ ...... ........... .............. ........ ..... ................ 54
52. RESIDENT NOTIFICATION OF START OF CONSTRUCTION ...........................55
RESIDENT NOTIFICATION PERFORMED BY CITy......................................................... 55
RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR ....................................... 55
56. CLEARIN G AND GR UBBIN G...................... ................. ............. ...... ................ ........... 57
BASIS. OF MEASUREMENT........................................................................ ......... ....... .......... 57
BASIS OF PAyMENT.............. ...... .................................. .................................. ...... ............... 57
62. TREE PROTECTION .................. ...................... ......... ....... ............ ...... .......................... 58
TREE BARRICADES... .......... ........... .... ...................................... ................................ ............ 58
ROOT PRUNING ..... .............. ....... .................. ....... ................................... ....... ......... .... ........... 58
PROPER TREE PRUNING...... ............................... ..................................... ............... ....... ...... 59
Section IV - Scope of Work Checklist-Landscape.doc
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Section II - Instructions to Bidders
1 COPIES OF BIDDING DOCUMENTS
1.1 Complete sets of the Bidding Documents are available for the sum stated in the
Advertisement for Bid from the Office of the Purchasing Manager. This amount represents
reproduction costs and is non-refundable. A complete bidders package containing plans"
specifications, bond forms, contract form, affidavits and bid/proposal form is available only
to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person may purchase a
"Subcontractor" package consisting of plans, specifications, and list of pay items.
1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor
the Engineer shall be liable for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents, by Bidders, sub-bidders or others.
1.3 The City, in making copies of Bidding Documents available on the above terms, does so
only for the purpose of obtaining Bids on the Work and does not confer a license or grant
any other permission to use the documents for any other purpose.
2 QUALIFICATION OF BIDDERS
2.1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the
City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial
resources and experience to perform the work in a satisfactory manner before obtaining
drawings, specifications and contract documents. An application package for pre-
qualification may be obtained by contacting the City of Clearwater, Engineering
Department, Engineering Services Division at P.o. Box 4748, Clearwater, Florida 33758-
4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street
address only) or by phone at (727) 562-4750. All qualification data must be completed and
delivered to the Director of Engineering at the above address not later than fourteen (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
do not have to make reapplication.
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions that may in
any manner affect cost, progress, performance or furnishing of the work; (c) consider and
abide by all applicable federal, state and local laws, ordinances, rules and regUlations; and
(d) study and carefully correlate Bidder's observations with the Contract Documents, and
notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification
of those reports of explorations and tests of subsurface conditions at the site which have
been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely
upon the accuracy of the technical data contained in such reports but not upon non-technical
data, interpretations or opinions contained therein or for the completeness thereof for the
purposes of bidding or construction. In reference to those drawings relating to physical
conditions of existing surface and subsurface conditions (except Underground Facilities)
which are at or contiguous to the site and which have been utilized by the Engineer in
preparation of the Contract Documents, bidder may rely upon the accuracy of the technical
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SectionIl
Section II - Instructions to Bidders
3.3
data contained in such drawings but not upon the completeness thereof for the purposes of
bidding or construction.
Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site are based upon information and data furnished to the
City and Engineer by owners of such Underground Facilities or others, and the City does not
assume responsibility for the accuracy or completeness thereof unless expressly provided in
the Contract Documents.
Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities, other physical conditions,
possible conditions, and possible changes in the Contract Documents due to differing
conditions appear in the General Conditions.
Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing the work in accordance with the time, price and other
terms and conditions of the Contract Documents.
On request in advance, City will provide each Bidder access to the site to conduct such
explorations and tests at Bidder's own expense as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former
condition upon completion of such explorations and tests.
The lands upon which the Work is to be performed, rights-of-way and easements for access
thereto and other lands designated for use by the Contractor in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities or storage of materials and equipment are to be provided by
.the Contractor. Easements for penn~ent structures or permanent changes in existing
structures are to be obtained and paid for by the City unless otherwise provided in the
Contract Documents.
The submission of a Bid will constitute an unequivocal representation by the Bidder that the
Bidder has complied with every requirement of these Instructions to Bidders and that,
without exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents by such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey understanding
of all terms and conditions of performance and furnishing of the work.
3.4
INTERPRETATIONS AND ADDENDA
All questions as to the meaning or intent of the Contract Documents are to be directed to the
Engineer. Interpretations or clarifications considered necessary by the Engineer in response
to such questions will be issued by Addenda, either by mail or facsimile transmission, to all
parties recorded by the Purchasing Manager as having received the Bidding Documents.
Questions received less than ten (10) days prior to the date for opening of Bids may not be
answered. Only information provided by formal written Addenda will be binding. Oral and
other interpretations of clarifications will be without legal effect.
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Section II - Instructions to Bidders
4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the
City or Engineer.
5 BID SECURITY OR BID BOND
5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in
. an amount equal to ten percent (10%) of the Bidder's maximum Bid price and in the form of
a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the
requirements of the General Conditions. A cash bid bond will not be accepted.
5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Payment and Performance bonds, whereupon the
Bid Security will be returned. If the Successful Bidder fails to execute, deliver the
Agreement and furnish the required Bonds within ten (10) days after the award of contract
by the City Commission, the City may annul the bid and the Bid Security of the Bidder will
be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable
chance of receiving the award may be retained by the City until the successful execution of
the agreement with the successful Bidder or for a period up to ninety (90) days following bid
opening. Security of other Bidders will be returned approximately fpurteen (14) days after
the Bid opening.
5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company
qualified to do business in, and having a registered agent in the State of Florida.
6 CONTRACT TIME
6.1 The number of consecutive calendar days within which the work is to be completed is set
forth in the Technical Specifications.
7 LIQUIDATED DAMAGES
7.1 Provisions for liquidated damages are set forth in the Contract Agreement.
8 SUBSTITUTE MATERIAL AND EQUIPMENT
8.1 The contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications
that a substitute or "or equal" item may be furnished or used, application for its acceptance
will not be considered by the Engineer until after the effective date of the Contract
Agreement. The procedure for submittal of any such application is described in the General
Conditions and as supplemented in the Technical Specifications.
9 SUBCONTRACTORS
9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so
requested, shall, within seven (7) days after the date of the request, submit to the Engineer
an experience statement with pertinent information as to similar projects and other evidence
of qualification for each Subcontractor, supplier, person and organization to be used by the
Contractor in the completion of the Work. The amount of subcontract work shall not exceed
fifty percent (50%) ofthe Work except as may be specifically approved by the Engineer. If
the Engineer, after due investigation, has reasonable objection to any proposed
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10.2
10.3
10.4
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Subcontractor, supplier, other person or organization, he may, before recommending award
of the Contract.
Agreement to the City Commission, request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. If the Successful Bidder
declines to make any such substitution, the City may award the contract to the next lowest
and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer does not make written objection prior to the recommendation of award to the
City Commission will be deemed acceptable to the City subject to revocation of such
acceptance after the Effective Date of the Contract Agreement as provided in the General
Conditions.
No Contractor shall be required to. employ any Subcontractor, supplier, person or
organization against whom he has reasonable objection.
BID/PROPOSAL FORM
The BidJProposal Form is included with the Contract Documents and shall be completed in
ink or by typewriter. All blanks on the BidJProposal Forms must be completed. The Bidder
must state in the Bid/Proposal Form in words and numerals without delineation's, alterations
or erasures, the price for which he will perform the work as required by the Contract
Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump
sum for each section or item shall be for furnishing all equipment, materials, and labor for
completing the section or item as per the plans and contract specifications. Should it be
found that quantities or amounts shown on the plans or in the proposal, for any part of the
work, are exceeded or should they be found to be less after the actual construction of the
work, the amount bid for each section or item will be irtcreased or decreased in direct
proportion to the unit prices bid for the listed individual items.
Bids by corporations shall be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal shall be affixed. The corporate address and state of incorporation shall be
shown below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall produce evidence satisfactory to the City of the person's authority to bind
the corporation or partnership.
Bids by partnerships shall be executed in the partnership name and signed by a general
partner, whose title shall appear under the signature and the official address of the
partnership shall be shown below the signature.
All names shall be typed or printed below the signature.
SUBMISSION OF BIDS
Sealed Bids shall be submitted at or before the time and at the place indicated in the
Advertisement for Bids and shall be submitted in the bid envelope provided with the bid
documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the
notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
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Section II - Instructions to Bidders
Advertisement until the time and date specified. Telegraphic or facsimile bids received by
the Purchasing Manager will not be accepted.
MODIFICATION AND WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person
duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to
submit a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn or modified.
After a bid is received by the City, the bidder may request to modifY the bid for
typographical or scrivener's errors only. The bidder must state in writing to the City that a
typographical or scrivener's error has been made by the bidder, the nature of the error, the
requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or
modifY any bid.
REJECTION OF BIDS
To the extent permitted by applicable State and Federal laws and regulations, the City
reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds
for the rejection of a bid include but are not limited to a material omission, unauthorized
alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or
irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established by the
City. The City reserves the right to decide which bid is deemed to be the lowest and best in
the interest of the public.
DISQUALIFICATION OF BIDDER
Any or all bids will be rejected if there is any reason for believing that collusion exists
among the bidders, the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit
contained in the Contract Documents.
OPENING OF BIDS
Bids will be opened and read publicly at the location and time stated in the Advertisement
for Bids. Bidders are invited to be present at the opening of bids.
LICENSES, PERMITS, ROYALTY FEES AND TAXES
The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as
specifically stated otherwise in the Technical Specifications. The Contractor shall comply
with all Federal and State Laws, County and Municipal Ordinances and regulations, which
in any manner effect the prosecution of the work. City of Clearwater building permit fees
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. 16.3
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17.1
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Section II - Instructions to Bidders
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and impact fees will be waived except as specifically stated otherwise in the Technical
Specifications.
The Contractor shall assume all liability for the payment of royalty fees due to the use of any
construction or operation process, which is protected by patent rights except as specifically
stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be
stated by the Contractor.
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The Contractor shall pay all applicable sales, consumer, use and other taxes required by law_
The Contractor is responsible for reviewing the pertinent State Statutes involving the sales
tax and sales tax exemptions and complying with all requirements.
IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE
In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor
Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders
with drug-free workplace programs. Whenever two or more bids which are equal with
respect to price, quality, and service are received by the City for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none or all of the tied
bidders have a drug-free workplace program. In order to have a drug-free workplace
program, a contractor shall supply the City with a certificate containing the following six.
statements and the accompanying certification statement:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
(2) Inform employees as to the dangers of dmg abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled
substance law, of the United States, or of any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
I certify that this firm does/does not (select only one) fully comply with the above
requirements.
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Section II - Instructions to Bidders
18 AWARD OF CONTRACT
18.1 Discrepancies between words and figures will be resolved in favor of words.
Discrepancies in the multiplication of units of work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of
. figures and the correct sum thereof will be resolved in favor of the correct sum.
18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements, unit prices, and other data as may
be requested in the BidiProposal form. The City may consider the qualifications and
experience of Subcontractors, suppliers and other persons and organizations proposed by
the Contractor for the Work. The City may conduct such investigations as the City
deems necessary to assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and
other persons, and organizations to perform and furnish the Work in accordance with the
Contract Documents to the City's satisfaction within the prescribed time.
18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive
Bidder whose evaluation by the City indicates to the City that the award will be in the
best interest of the City.
18.4 Award of contract will be made for that combination of base bid and alternate bid items
in the best interest of the City, however, unless otherwise specified all work awarded will
be awarded to only one Contractor.
19 BID PROTEST
19.1 RIGHT TO PROTEST: . Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of hislher complaints initially with
the Purchasing Manager, and if not ::;atisfied, with the City Manager, in accordance with
protest procedures set forth in this section.
19.2 PROTEST PROCEDURE:
A. A protest with respect to the specifications of an invitation for bid or request for
proposal shall be submitted in writing a minimum of five (5) work days prior to the
opening of the bid or due date of the request for proposal. Opening dates for bids or
due dates for requests for proposal will be printed on the bid/request document itself.
B. Protests in respect to award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated.
C. Exceptions to the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could have not been reasonably expected to have
knowledge of the facts giving rise to such protest prior to the bid opening, posting of
intent to award, or due date for requests for proposals. Request for exceptions
should be made in writing, stating reasons for the exception.
D. The Purchasing Manager shall respond to the formal written protest within five
business days of receipt. The Purchasing Manager's response will be fully
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Section II - Instructions to Bidders
19.3
coordinated with the appropriate Department Director and the Assistant City
Manager.
E. If the protestor is not satisfied with the response from the Purchasing Manager:>
he/she may then submit in writing within five business days of receipt of that
response hislher reason for dissatisfaction, along with copies of his/her original
formal protest letter and the response from the Purchasing Manager, to the City
Manager.
F. The City Manager as Purchasing Agent for the City has the final authority in the
matter of protests. The City Manager will respond to the protestor within ten work
days of receipt of the appeal.
STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the
Purchasing.Manager shall not proceed with the solicitation or award of contract until all
administrative remedies have been exhausted or until the City Manager makes written
determination that the. award of contract without delay is necessary to protect the best
interest of the City.
20
20.1
TRENCH SAFETY ACT
The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections
553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and
Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650
Subparagraph P, or current revisions of these laws.
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.. SECTION III
GENERAL
CONDITIONS
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Section III - Generat Conditions
1 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of Bids which clarify, correct
or change the Bidding Requirements or the contract documents.
Agreement
The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Application for Payment
The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
Approve
The word approve is defined to mean satisfactory review of the material, equipment or
methods for general compliance with the design concepts and with the information given
in the Contract Documents. It does not imply a responsibility on the part of the Engineer
to verify in every detail conformance with the Drawings and Specifications.'
Bid
The offer or proposal ofthe bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
Bidding Documents
The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the
proposed Contact Documents (including all Addenda issued prior to receipt of Bids).
ponds
Performance and payment bonds and other instruments of security.
Change Order
A written order to Contractor signed by Owner and Contractor authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued on or after the effective date of the Agreement.
City
The City of Clearwater, Florida.
Contract Documents
The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the bid and any post-Bid documentation
submitted prior to the execution ofthe Agreement) when attached as an exhibit to the
Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits
identified in the Agreement, together with all Modifications issued after the execution of
the Agreement.
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for performing the Work.
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Section III - General Conditions
Contract Time
The number of days or the date stated in the Agreement for the completion of the Work.
Contractor
The Person with whom the Owner has entered into the Agreement.
Day
A calendar day of twenty-four hours measured from midnight to the next midnight.
Defective
An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to Engineers recommendation of final
payment.
Drawings
The drawings, which will be identified in Technical Specifications or the Agreement,
which show the character and scope of the Work to be performed and which have been
prepared or approved by Engineer and are referred to in the contract documents. Shop
drawings are not Drawings as so defined.
Engineer
The duly appointed representative ofthe City Manager of the City of Clearwater. For the
purposes of this contract, the City Engineer or his duly appointed representative.
Engineer's Consultant
A Person having a contract with Engineer to furnish services as Engineer's independent
professional associate or consultant with respect to the Project and who is identified as
such in the Supplementary Conditions.
Furnish
The words "furnish", "furnish and install", "install", and "provide" or words of similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and
install complete in place and ready for service" .
Inspection
The term "inspection" and the act of inspecting means examination of construction to
ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseemg.
Laws and Regulations
Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind
of governmental bodies, agencies, authorities and courts having jurisdiction.
Liens
Liens, charges, security interests or encumbrances upon real property or personal
property.
Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
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Section III - General Conditions
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
Person
A natural person or a corporation, partnership, firm, organization, or other artificial
entity.
Project
The total construction of which the Work to be provided under the Contract Documents
may be the whole or a part as indicated elsewhere in the Contract Documents.
Partial Utilization
Use by Owner of a substantially completed part of the Work for the purpose for which is
intended (or a related purpose) prior to Final Completion of all the Work.
Shop Drawing
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
supplier and submitted by Contractor to illustrate material or equipment for some portion of the
Work.
Specifications
Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
Subcontractor
A person having a direct contract with Contractor or with any other Subcontractor for the
performance of a part of the Work at the site.
Substantial Completion
The Work (or a specified part thereof) which has progressed to the point where, in the
opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract documents, so
that the Work (or specified part) can be utilized for the purposes for which it is intended;
or if no such certificate is issued, when the Work is complete and ready for final payment
as evidenced by the Engineer's recommendation of final payment. The terms
"substantially complete" and "substantially completed" as applied to all or part ofthe
Work refer to Substantial Completion thereof.
Supplementary Conditions
The part of the Contract which amends or supplements these General Conditions.
Supplier
A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by the Contractor.
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Section III - General Conditions
Surety
Any person, firm or corporation which is bound with Contractor and which engages to be
responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
Underground Facilities
All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or treatment, traffic or other control systems or
water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Work
The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work includes and is the result
of performing or furnishing labor and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing documents, all as
required by the Contract Documents.
Work Change Directive
A written directive to Contractor, issued on or after the Effective Date of the Agreement
and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be
performed or emergencies. Work Change Directive will not change the Contract Price or
Contract Time, but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a s-qbsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
2 PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this
contract.
2.2 COPIES OF DOCUMENTS
Engineer shall furnish to Contractor four copies of Contract Documents for execution.
Additional copies will be furnished, upon request, at the cost of reproduction.
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO
PROCEED; STARTING THE PROJECT
The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor
shall start to perform the work on the date the Contract Time commences to run. No work shall
be done at the site prior to the date which the Contact Time commences to run.
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Section Ill- General Conditions
2.4 BEFORE STARTING CONSTRUCTION
Before undertaking each part of the Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or
discrepancy which Contractor may discover; and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work effected thereby; however"
Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in
the Drawings or Specifications, unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer"
either before or after the execution of this Contract, shall affect or modify any of the terms or
obligations herein contained. Contractor shall not commence any work at any time without
approved insurance required by these General Conditions. Failure to obtain this insurance will be
the sole responsibility of the Contractor.
2.5 PRECONSTRUCTION CONFERENCE
Within twenty days of Award of Contract and before the start of the Work, the Engineer may
schedule a conference to be attended by .Contractor, Engineer and others as appropriate to
establish a working understanding among the parties as to the Work and to discuss the schedule
of the Work and general Contract procedures.
3 CONTRACT DOCUMENTS, INTENT
3.1 INTENT
The Contract Documents comprise the entire Agreement between the Owner and the Contractor
concerning the Work. They may be altered only by written agreement. The Contract Documents
are complementary; what is called for by one is as binding as if called for by all. It is the intent of
the Contract Documents to describe a functionally complete project (or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment
which may reasonably be inferred from the Contract Documents or from prevailing custom or
from trade usage as being required to produce the intended result will be furnished and
performed whether or not specifically called for. When words or phrases, which have a well-
known technical or construction industry or trade meaning, are used to describe Work, materials
or equipment, such words or phrases shall be interpreted in accordance with that meaning.
Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.
Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any governmental authority, whether such
reference be specific or by implication, shall mean the latest standard specification, manual or
code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated in the Contract Documents. However, no provision of any referenced standard
specification, manual or code (whether or not specially incorporated by reference in the
responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the
duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the Contract
shall be issued by Engineer. Each and every provision of law and clause required by law to be
inserted in these Contract documents shall be deemed to be inserted herein, and they shall be
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Section III - General Conditions
read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 AVAilABiliTY OF LANDS
Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be Performed, rights-of-way, easements for access thereto, and such other lands which are
designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which contractor
will have to comply in performing the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided
in the Contract Documents.
4.2 INVESTIGATIONS AND REPORTS
Reference is made to the Supplementary Conditions and Technical Specifications for
identification of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparation of the Drawings and Specifications. Such
reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions at the site, or in an existing structure, differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise if further investigation or tests are necessary. Owner or Engineer shall
obtain the necessary additional investigations and tests and furnish copies to the Engineer and
Contractor. If Engineer finds that the results of such investigations or tests indicate that there are
subsurface or latent physical conditions, which differ materially from those, indicated in the
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Section III - General Conditions
contract Documents, and which could not reasonably have been anticipated by Contractor, a
work change or Change Order will be issued incorporating the necessary revisions.
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACiliTIES
The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data furnished to
Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise
expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for
the accuracy or completeness of any such information or data; and the cost of all the following
will be included in the Contract Price and contractor shall have full responsibility for: (i)
reviewing and checking all such information and data, (ii) locating all Underground Facilities
shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of
such Underground Facilities during construction, and (iv) the safety and protection of all such
Underground Facilities and repairing any damage thereto resulting from the Work. The
Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER
prior to any excavation per State regulations and to notify any utility owners who are not a
member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any
excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the
protection and location of utilities prior to any excavation and contact number is available in
local telephone directory.
4.4 REFERENCE POINTS
Engineer shall provide engineering surveys to establish reference points for construction, which
in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and shall make no changes or relocations without the prior written approval of Owner.
Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's forces, after initial line and grade have been set, as determined by the
Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be
computed for actual time on the project. All time shall be computed in one-hour increments with
a minimum charge of one hour.
5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
Contractor's obligations under the Contract Documents. These bonds shall remain in effect at
least one year after the date when final payment becomes due, unless a longer period of time is
prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish
such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the
form prescribed by the Contract Documents and shall be executed by such sureties as are named
in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on
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Section III - General Conditions
Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of sucll
agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section
255.05, Florida Statutes, even if such language is not directly contained within the bond and the
Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves
the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any
part of the Project is located or it ceases to meet the requirements of these Contract Documents~
the Contractor shall within five days after notice thereof substitute another Bond and surety, botll
of which must be acceptable to the Owner.
5.2 INSURANCE
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of or result from Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed or
furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily
injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees; (iv) Claims for damages insured by customary personal injury liability
coverage which are sustained by any person as a result of an offense directly or indirectly related
to the employment of such person by Contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of i~ury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with
copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured)
which Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) -include contractual liability insurance covering Contractor's indemnity
obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days prior written notice has been given to the Owner, and Contractor and to each
other additional insured identified in the Supplemental Conditions to whom a certificate of
insurance has been issued (and the certificates of insurance furnished by tbe Contractor as
described in this paragraph); (v) remain in effect at least until final payment and at all times
thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Article for Correction of Defective Work; (vi) with respect to completed
operations insurance, and any insurance coverage written on a claims-made basis, shall remain in
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effect for at least two years after final payment. Contractor shall furnish Owner and each other
additional insured identified in the Supplementary Conditions to whom a certificate of insurance
has been issued evidence satisfactory to Owner and any such additional insured, of continuation
of such insurance at final payment and one year thereafter and (vii) Name and telephone number
of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required shall provide coverage for not less than the
following amounts or greater where required by laws and regulations:
5.2.1 WORKER'S COMPENSATION INSURANCE
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Workers' Compensation Statutory Statutory
(2) Employer's Liability $500,000. $1,000,000.
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(2) Property Damage: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
employment exclusion deleted Aggregate Aggregate
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5.2.3
COMPREHENSIVE AUTOMOBILE LIABILITY
including all owned (private and others), hired and non-owned vehicles:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Property Damage $500,000. Each $1,000,000. Each
Occurrence Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less thari required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductib1es will be accepted without prior approval from the Owner.
Loneshore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 D.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment of
benefits under the Act either by insuring with an insurance carrier authorized by the D.S.
Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
For General Contractors: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to his employees of the compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Artic1eon Insurance
will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or
additional insured in such policies and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors, employees and agents for all losses and
damages caused by, arising out of or resulting from any of the perils covered by such policies
and any other property insurance applicable to the work; and, in addition, waive all such rights
against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the
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rights that any party making such waiver may have to the proceeds of insurance otherwise
payable under any policy so issued. In addition, Owner waives all rights against Contractor,
Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and
agents of any of them for: (i) loss due to business interruption, loss of use or other consequential
loss extending beyond direct physical loss or damage to Owner's property or the Work caused
by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii)
loss or damage to the completed Project or part thereof caused by, arising out of or resulting
from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by Owner during partial utilization, after substantial completion or after
final payment.
6 CONTRACTORS RESPONSIBILITIES
6.1 SUPERVISION AND SUPERINTENDENCE
Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction, but Contractor shall not
be responsible for the negligence of others in the design or specification of a specific means,
method, technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only competent persons to do the work and whenever Engineer shall
notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful,
disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall
not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as
a result of overtime work in excess of the regular working hours or on the Owner's normally
approved holidays. At Owner's option, overtime costs may either be deducted from the
Contractor's monthly payment request E>f deducted from the Contractor's retention prior to
release of final payment or the Engineer may elect to receive a monthly check from the
Contractor in the amount of the overtime costs. Minimum number of chargeable hours for
inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per
hour shall be $40.00 per hour.
Contractor shall provide and maintain in a neat and sanitary condition, such sanitary
accommodations for the use of Contractor's employees as may be necessary to comply with the
requirements of Laws and Regulations and the Engineer.
6.2 LABOR, MATERIALS AND EQUIPMENT
Contractor shall provide competent, suitably qualified personnel to survey, layout and construct
the work as required by the Contract Documents. Contractor shall at all times maintain good
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discipline and order at the site. Except as otherwise required for the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated
in the Contract Documents, all work at the site shall be performed during regular working hours
and Contractor will not permit overtime work or the performance of work on Saturday, Sunday,
or any legal holiday without Owner's consent given after prior notice to Engineer.
Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion ofthe Work.
All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish
satisfactory evidence (including reports of required tests) as to the quality of materials and
equipment. The Contractor shall provide suitable and secure storage for all materials to be used
in the Work so that their quality shall not be impaired or injured. Materials that are improperly
stored, may be rejected by the Engineer without testing.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent or
"or equal" item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an
item of material or equipment proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may be considered by
Engineer for approval. If in the Engineer's sole discretion an item of material or equipment
proposed by Contractor does not qualify as an "or equal" item, it may be considered as a
proposed substitute item. Contractor shall submit sufficient information as required by the
Engineer to allow the Engineer to determine that the item of material or equipment proposed is
essentially equivalent to that named and is an acceptable substitute therefore. Request for review
of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other
than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a determination.
All data provided by Contractor in support of any proposed substitute or "or equal" item will be
at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or
submittal made per this paragraph. Engineer will be sole judge of acceptability.
6.4 RESPONSIBiliTY FOR SUBCONTRACTORS, SUPPLIERS AND
OTHERS
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers and other persons performing or furnishing any of the work under a
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direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor"
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating
the work of Subcontractors, Suppliers and other persons performing or furnishing any of the
work under a direct or indirect contract with Contractor. Contractor shall require all
Subcontractors, Suppliers and such other persons performing or furnishing any of the work to
communicate with the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the
work to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 , USE OF PREMISES
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of works to the site and land areas identified in and permitted by the Contract
Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting
:from the performance of the Work. Should any claim be made by any such owner or occupant
because of the performance of the Work, Contractor shall promptly settle with such other party
by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in
or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify
and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors,
employees and agents from and against all claims, costs, losses and damages arising out of or
resulting from any claim or action, legal or equitable, brought by any such owner or occupant
against Owner, Engineer or any other party indemnified hereunder to the extent caused by or
based upon Contractor's performance of the Work.
During the progress of the Work, Contractor shall keep the premises free from accumulations of
waste materials, rubbish and other debris resulting :from the Work. At the completion of the
Work or at intervals established by the Engineer, Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction
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equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the work or the incorporation in the Work of any invention, design, process"
product or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the Contract Documents for use in
the performance of the work and if to the actual knowledge of Owner or Engineer its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and against all claims, costs, losses and
damages arising out of or resulting from any infringement of patent rights or copyrights incident.
to the use in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in
accordance with the Laws and Regulations of th~ State of Florida and other governmental
agencies, which are applicable during the performance of the work.
6.7 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any
work knowing or having reason to know that it is contrary to Laws or Regulations,' Contractor
shall bear all claims, costs, losses and damages caused by or arising out of such work: however,
it shall not be Contractor's primary responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations to Owner to report and resolve discrepancies as described above.
6.8 PERMITS
Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time of opening of Bids.
Contractor shall pay all charges of utility owners for connections to the work, and Owner shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will
be waived.
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6.9 SAFETY AND PROTECTION
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i)
all persons on the work site or who may be affected by the work, (ii) all the Work and materials
and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction. In the event of temporary suspension of the work,
or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause
Subcontractors, to protect carefully the Work and materials against damage or injury from the
weather. If, in the opinion of Engineer, any portion of Work or materials shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so
protect the Work, such Work and materials shall be removed and replaced at the expense of
Contractor. The Contractor shall initiate and maintain an accident prevention program which
shall include, but shall not be limited to the establishment and supervision of programs for the
education and training of employees in the recognition, avoidance and prevention of unsafe
conditions and acts. Contractor shall provide first aid services and medical care to his employees.
The Contractor shall develop and maintain an effective fire protection and prevention program
and good housekeeping practices at the site of contract performance throughout all phases of
construction, repair, alteration or demolition. Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous conditions. The
Engineer may order that the work stop if a condition of immediate danger to Owner's employees,
equipment or if property damage exists. This provision shall not shift responsibility or risk of
loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall
remain solely responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of Contract performance. The Contractor shall instruct his
employees required to handle or use toxic materials or other harmful substances regarding their
safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians
and motorists from harm, and to prevent disruptions of such traffic due to construction activity.
Contractor shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for safety. of persons or property and to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and of Underground Facilities and utility owners. when
prosecution of the work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to any property
caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any
other person or organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and Engineer has issued a notice to Owner
and Contractor that the Work is acceptable.
6.10
EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, Contractor, with or without special instruction or authorization from Owner or
Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer
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prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.11 DRAWINGS
6.11.1 SHOP DRAWINGS AND SAMPLES
Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the
Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to show Engineer the materials and equipment Contractor proposes to
provide and to enable Engineer to review the information. Contractor shall also submit Samples
to Engineer for review and approval. Before submitting each Shop Drawing or Sample,
Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions,
specified performance criteria, installation requirements, materials, catalog numbers and similar
information with respect thereto, (ii) all materials with respect to intended use, fabrication,
shipping, handling, storage, assembly and installation pertaining to the performance of the Work,
and (iii) all information relative to Contractor's sole responsibilities in respect to means,
methods, techniques, sequences and procedures of construction and safety precautions and
programs incident thereto. Contractor shall also have reviewed and coordinated each Shop
Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work
and the Contract Documents. Each submittal will bear a stamp or specific written indication that
Contractor has satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review and approval of that submittal. At the time of submission, Contractor shall
give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the Contract Documents, such notice to be in a
written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to Engineer for review and
approval of each such variation.
Engineer's .review and approval of Shop Drawings and Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Wark, conform to
the information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated the Contract Documents. Engineer's
review and approval will not extend to means, methods, techniques, sequences or procedures of
construction (except where a particular means method, technique, sequence or procedure of
construction is specifically and expressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. Contractor shall make
corrections required by Engineer, and shall return the required number of corrected copies of
Shop Drawings and submit as required new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than the corrections called for by Engineer
on previous submittals.
Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless
Contractor has in writing called Engineer's attention to each such variation at the time of
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submission and Engineer has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor
will any approval by the Engineer relieve the Contractor from responsibility for complying with.
the requirements of paragraph above discussing field measurements by the Contractor.
6.11.2 AS-BUILT DRAWINGS
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order
and legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes
or deviations which may vary from the details represented on the original Contract Plans,
including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the
construction process. The Contractor shall record the horizontal and vertical locations, in the
plan and profile, of all buried utilities that differ from the locations indicated or which were not
indicated on the Contract Plans and buried (or concealed), construction and utility features which
are revealed during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress of the Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance
with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests.
The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-
Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for
approval upon completion of the project and prior to acceptance of final pay request.
Prior to placing new potable water mains in service, the Contractor shall provide the Engineer
intersection drawings, as specified for the water mains.
The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness of the As-Built Drawings.
6.11.2.1
General
The Contractor/Consultant shall prepare an "AS-BUILT SURVEY" per chapter 61 G 17-6,
Florida Administrative Code (see definition below), signed and sealed by a Florida registered
land surveyor. Two hard copies of signed and sealed as-bui1ts and an AutoCAD file will be
provided for this purpose.
Definition: 61 G17-6.002(8)(a) As-Builts Survey: a survey performed to obtain horizontal and/or
vertical dimensional data so that constructed improvements may be located and delineated: also
know as Record Survey.
This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida
registered land surveyor. The survey must be delivered to the City of Clearwater Construction
Division upon substantial completion of the project. If this condition is not met, the City will
procure the services of a Professional Surveyor and Mapper registered in the State of Florida and
will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the City
with the required As-Built Survey.
6.11.2.2 Sanitary and Storm Sewer Piplng Systems
1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation)
based on the approved horizontal and vertical datum or utilize the stationing supplied on the
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construction plans. New sanitary service connections and replaced sanitary service
connections shall be dimensioned to the nearest downstream manhole. All manholes,
cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions,
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
2. Pipe materials and areas of special construction shall be noted.
6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain)
All pipes shall be located by survey coordinates (northing, easting and elevation) based on the
approved horizontal and vertical datum or utilize the stationing supplied on the construction
plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new
and replaced service connections for potable and reclaimed water will be located as described
above. Additionally there must be survey coordinates no further than 100 feet apart on linear
type construction and shall denote top of pipe elevation at those points.
6.11.2.4 Electrical and Control Wiring
The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects where
this information is too voluminous to be contained on the blueline prints, the Contractor shall
prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional
conduit runs, I-line diagrams, ladder diagrams, and other information. The wiring schematic
diagrams shall show termination location and wiring identification at each point on the ladder
diagram.
6.11.2.5
Horizontal and Vertical Control
The As-Built survey shall be based on the original datum used for the construction design plans
or if required by the City the datum shall be referenced to the North American Datum of 1983/90
(horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be
the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical),
must be approved by the City of Clearwater Engineering Department.
6.11.2.6
Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61017 and the
Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that
pertain to the as-built survey it is the requirement of the City to have minimum location points at
every change in direction and no more than 100 feet apart on all pressure pipes.
6.11.2.7
Other
The As-Built drawings shall reflect any differences from the original Contract Plans, in the same
level of detail and units of dimensions as the Plans.
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Section III - General Conditions
6.11.3
6.11.3.1
6.11.3.1.1
CAD STANDARDS
Layer Naming
Prefixes and Suffixes
DI prefix denotes digitized or scanned entities
EP prefix denotes existing points - field collected
EX prefix denotes existing entities - line work and symbols
PR prefix denotes proposed entities - line work and symbols
FU prefix denotes future entities (proposed but not part of this contract) -line
work and symbols
TX suffix denotes text - use for all text, no matter the prefix
6.11 3 1 2
L
N
Dfi"f
. . . a' er ammg e 1m Ions:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
DRIVE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOESLOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
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WALL
SHORE
CL
CLD
CLS
CORNER
BENCH
walls, except seawall
shoreline, water elevation
centerline of road
centerline of ditch
centerline of swale
property comers, monumentation
benchmark, temporary benchmarks
Other layers may be created as required, using above format.
6.11.3.2 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, by1ayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text
height of .010 times the plot scale.
6.11.4 DELlVERABLES:
The as-built survey shall be produced on stable based Mylar or vellum material, 24" x 36" at a
scale of I" = 20' unless approved otherwise. The consultant shall deliver all drawing files in
digital format with all project data in Land Development Desktop (LDD) Rl or later, including
all associated dependent files. When LDD is not available, upon approval by the City of
Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing
and dependent files. The ASCII file shall be a comma or space delimited containing code, point
number, northing, easting, elevation and description for each data point. Example below space
delimited ASCII file:
POINT #
284
NORTHING
1361003.838
EASTING
264286.635
ELEV
25.00
DESC
BCV
or Comma Delimited ASCII File:
284,361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release 2000 drawing or later drawing file shall be submitted.
NOTE: Ifapproved deviation from Clearwater or Pinellas County CAD standards are used the
consultant shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting.
The drawing nle shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. All block references and references
contained within the drawing Ute shall be included.
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Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email
address TomMahony@myClearwater.com
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
thereofby action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, '"the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of fmal acceptance".
Contractor's warranty and guarantee hereunder excludes improper maintenance arid operation by
Owner's employees and normal wear and tear under normal usage for any portion of the Work,
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any
acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of Acceptance by the Engineer.
6.13 CONTINUING THE WORK
Contractor shall carry on the work and adhere to the progress schedule during all disputes or
disagreements with Owner. No work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as Owner or Contractor may otherwise agree in writing.
6.14 INDEMNIFICATION
Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the
officers, directors, employees, agents and other consultants of each and any of them from and
against all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) caused by, arising out of or resulting from the performance ofthe Work,
provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the work itself),
including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or
indirectly employed by any ofthem to perform, or furnish any of the Work, or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or
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omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of the negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor
shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so
settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such
account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall
indemnify and save harmless Owner against any such claim. In any and all claims against Owner
or Engineer or any of their respective consultants, agents, officers, directors, or employees by
any employee (or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any
Supplier, any person directly or indirectly employed by any of them to perform or furnish any of
the work, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such Sub-contractor,
Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts. The indemnification obligations of Contractor under this
paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers,
directors, employees, or agents caused by the professional negligence, errors or omissions of any
of them.
7 OTHER WORK
7 .1 RELATED WORK AT SITE
Owner may perform other work related to the Project at the site by Owner's own forces, or let
other direct contracts therefore which shall contain General Conditions similar to these, or have
other work performed by utility owners. If the fact that such other work is to be performed was
not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor
prior to starting any such other work, and (ii) Contractor may make a claim therefore if
Contractor believes that such perfonnance will involve additional expense to Contractor or
requires additional time and the parties are unable to agree as to the amount or extent thereof.
Contractor shall afford each other contractor who is a party to such a direct contract and each
utility owner (and Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly connect and
coordinate the work with theirs. Unless otherwise provided in the Contract Documents,
Contractor shall do all cutting, fitting and patching of the work that may be required to make its
several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Engineer and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit
of such utility owners and other contractors to the extent that there are comparable provisions for
the benefit of Contractor in said direct contracts between Owner and such utility owners and
other contractors. Should the Contractor cause damage to any other contractor on the Project, the
contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if
he will so settle. If such other contractor sues the Owner on account of any damage alleged to
have been so sustained, the Owner shall notify the Contractor, who shall defend such
......--
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Section III - General Conditions
proceedings at his own expense, and if any judgment against the Owner arises therefrom the
Contractor shall payor satisfy the judgment and pay all costs incurred by the Owner.
If the proper execution or results of any part of Contractor's work depends upon work performed
by others under this Article. Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's work except for latent or nonapparent defects and deficiencies in
such other work.
7.2 COORDINATION
If Owner contracts with others for the performance of other work on the Project at the site, the
following will be set forth in the Scope of Work: (i) the person who will have authority and
responsibility for coordination of the activities among the various prime contractors will be
identified; (ii) the specific matters to be covered by such authority and responsibility will be
itemized; and (iii) the extent of s~ch authority and responsibilities will be provided. Unless
otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility in respect of such coordination.
8 OWNERS RESPONSIBILITY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety>
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work m ac~ordance with the
Contract Documents.
9 ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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Section III - General Conditions
construction are set forth in the Contract Documents and shall not be extended without written
consent of Owner and Engineer.
9.2 CLARIFICATIONS AND INTERPRETATIONS
Engineer will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer
may determine necessary, which shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and interpretations will be binding on
Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies
an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to
the amount or extent thereof, if any, Contractor may make a written claim therefore as provided
in the Articles for Change of Work and Change of Contract Time.
9.3 REJECTING OF DEFECTIVE WORK
Engineer will have authority to disapprove or reject Work which Engineer believes to be
defective, or that Engineer believes will not produce a completed Project that conforms to the
Contract Documents or that will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. Engineer will also have
authority to require special inspection or testing of the Work whether or not the Work is
fabricated, installed or completed.
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS
In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop
Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the
articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's
authority as to Applications for Payment, see the articles on Payments to Contractor and
Completion.
9.5 DECISIONS ON DISPUTES
Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder. Claims, disputes .and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the work and Claims under the Articles for
Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred
initially to Engineer in writing with a request for a formal decision in accordance with this
'paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
claimant to Engineer and the other party to the AgreemeJ?t promptly (but in no event later than
thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to Engineer and the other party within sixty days after the start of such
occurrence or event unless Engineer allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to Engineer and the claimant within thirty days after receipt of
the claimant's last submittal (unless Engineer allows additional time). Engineer will render a
formal decision in writing within thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or
other matter will be [mal and binding upon Owner and Contractor unless (i) an appeal from
Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time
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which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for
the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into,
a written notice of intention to appeal from Engineer's written decision is delivered by Owner or
Contractor to the other and to Engineer within thirty days after the date of such decision and a
formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws and Regulations within sixty days of
the date of such decision, unless otherwise agreed in writing by Owner and Contractor.
When functioning as interpreter and judge, Engineer will not show partiality to Owner or
Contractor and will not be liable in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by Engineer with respect to any such
claim, dispute or other matter will be a condition precedent to any exercise by Owner or
Contractor of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such claim, dispute or other matter
pursuant the Article on Dispute Resolution.
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
Neither Engineer's authority or responsibility under this paragraph or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise or performance of any
authority or responsibility by Engineer shall create, impose or give rise to any duty owed by
Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to
any surety for or employee or agent of any of them.
Engineer will not supervise, direct, control or have authority over or be responsible for
Contractor's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the work. Engineer will not be
responsible for Contractor's failure to perform or furnish the work in accordance with the
Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the work.
Engineer's review ofthe final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by the
Contractor will only be to determine generally that their content complies with the requirements
ofthe Contract Documents and, in the case of certificates of inspections, tests and approvals that
the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10 CHANGES IN THE WORK
Without invalidating the Agreement and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions
or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work
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Section III - General Conditions
involved which will be performed under the applicable conditions of the Contract Documents
(except as may otherwise be specifically provided).
If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Time that should be allowed as a result of a
Work Change Directive, a claim may be made therefore as provided in these General Conditions.
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Time with respect to any Work performed that is not required by the Contract
Documents as amended, modified and supplemented as provided in these General Conditions
except in the case of an emergency as provided or in the case of uncovering work as provided in
article for Uncovering Work.
Owner and Contractor shall execute appropriate Change Orders or Written Amendments
recommended by Engineer covering:
changes in the work which are (i) ordered by Owner (ii) required because of acceptance of
defective work under the article for Acceptance of Defective Work or correcting defective
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
.11 CHANGES IN THE CONTRACT PRICE
11.1 CHANGES IN THE CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to Contractor for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by Contractor shall be at Contractor's expense without change in the
Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice
of claim stating the general nature of the claim, to be delivered by the party making the claim to
the other party and to Engineer promptly (but in no event later than thirty days) after the start of
the occurrence or event giving rise to the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or event
(unless Engineer allows additional time for claimant to submit additional or more accurate data
in support of the claim) and shall be accompanied by claimant's written statement that the
claimed adjustment covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not
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submitted in accordance with this paragraph. The value of any Work covered by a Change Order
or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where
the Work involved is covered by unit prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved (ii) where the Work involved is not
covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum
(which may include an allowance for overhead and profit), (iii) where the Work is not covered
by unit prices contained in the Contract Documents and agreement is reached to establish unit
prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be furnished and performed for such
sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances
include the cost to Contractor (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and (ii)
Contractor's costs for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances and no demand far additional payment on account of any of the
foregoing will be valid.
Prior to fmal payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances and all the
Work actually performed by the Contractor, and the Contract Price shall be correspondingly
adjusted.
11.3 UNIT PRICE WORK
Where the Contract Documents provide that all or part of the Work is to be Unit Price Wark,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit price for each separately identified item of unit price work times
the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may
make a'claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price
Work performed by Contractor differs materially and significantly from the estimated quantity of
such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment
with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors
to provide adequate unit quantities to satisfactorily complete the construction of the project. It is
expected that in the normal course of project construction and completion that not all unit
quantities will be used in their entirety and that a finalizing change order which adjusts contract
unit quantities to those unit quantities actually used in the construction of the project will result
in a net decrease from the original Contract Price. Such reasonable deduction of final Contract
Price should be anticipated by the Contractor in his original bid.
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Section III - General Conditions
12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written notice delivered by the party making the claim to the other party and to Engineer
promptly (but in no event later than thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice of the extent of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless Engineer
allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement that the adjustment claimed is the entire
adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined
by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not
submitted in accordance with the requirements of this paragraph.
All time limits stated in the Contract Documents are of the essence of the Agreement.
Where Contractor is prevented from completing any part of the work within the Contract Time
(or'Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones)
may be extended in an amount equal to the time lost due to such delay if a claim is made
therefore as provided in the article for Changes in the
Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by
Owner, acts of utility owners or other contractors performing other work as contemplated by the
article for Other Work, fIres, floods, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of
the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee
or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of Contractor, or (ii) delays beyond the control of both parties including but
not limited to fIres, floods, epidemics, abnormal weather conditions, acts of God or acts by utility
owners or other contractors performing other work as contemplated by paragraph for Other
Work.
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 TESTS AND INSPECTION
Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
Contractor shall employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. The costs for these
inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in
the Contract Documents.
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If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such
public body including all City Building Departments and City Utility Departments, Contractor
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish Engineer the required certificates of inspection
or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will
be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all
costs in connection with any inspections, tests or approvals required for Owner's and Engineer's
acceptance of materials or equipment to be incorporated in the Work, or of materials, mix
designs, or equipment submitted for approval prior to Contractor's purchase thereof for
incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be
uncovered for observation. Uncovering Work as provided in this paragraph shall be at
Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention
to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.2 UNCOVERING THE WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, Contractor shall pay all claims, costs, losses and damages
caused by, arising out of or resulting from such uncovering, exposure, observation, inspection
and testing and of satisfactory replacement or reconstruction (including but not limited to all
costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to
agree as to the amount thereof, may make a claim therefore as provided in the article for Change
in Contract Price. If, however, such Work is not found to be defective, Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent
thereof, Contractor may make a claim therefore as provided the article for Change in Contract
Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right of
Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to
exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops
Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or
increase in Contract Price.
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Section III - General Conditions
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer,
remove it from the site and replace it with Work that is not defective. Contractor shall pay all
claims, costs, losses and damages caused by or resulting from such correction or removal
(including but not limited to all costs of repair or replacement of work of others).
13.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk ofloss or damage, Owner may have the
defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
In special circumstances where a particular item of equipment is placed in continuous service
before Final Completion of all the Work, the correction period for that item may start to run from
an earlier date if specifically and expressly so provided in the Specifications or by Written
Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected,
removed or replaced under this paragraph the correction period hereunder with respect to such
Work will be extended for an additional period of one year after such correction or removal and
replacement has been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers
to accept it, Owner may do so.
Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of
and determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may
make a claim therefore as provided in article for Change of Contract Price. If the acceptance
occurs after the Engineer's recommendation for final payment an appropriate amount will be paid
by Contractor to Owner.
13.7 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work or to remove and replace rejected Work as required by Engineer in accordance
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Section III - General Conditions
with the article for Correction and Removal of Defective Work or if Contractor fails to perform
the Work in accordance with the Contract Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner may, after seven days' written notice to
Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph Owner shall proceed expeditiously. In connection with such corrective and
remedial action, Owner may exclude Contractor from all or part of the site, take possession of all
or part of the Work, and suspend Contractor's services related thereto, take possession of
Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate
in the Work all materials and equipment stored at the site or for which Owner has paid
Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's
Consultants access to the site to enable Owner to exercise the rights and remedies under this
paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising
such rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the
article for Change of Contract Price. Such claims, costs, losses and damages will include but not
be limited to all costs of repair or replacement of work of others destroyed or damaged. by
correction, removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
14 PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.1 APPLICATION FOR PROGRESS PAYMENT
Contractor shall submit (not more often than once a month) to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as of
the 25th of each month and accompanied by such supporting documentation as is required by the
Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents,
payment will not be made for materials and equipment not incorporated in the Work. Payment
will only be made for that portion of the Work, which is fully installed including all materials,
labor and equipment. A retainage of not less than five (5%) of the amount of each Application
for Payment for the total of all Work completed to date will be held until final completion and
acceptance of the Work covered in the Contract Documents. No progress payment shall be
construed to be acceptance of any portion of the Work under contract.
In addition to all other payment provisions set out in this contract, the Engineer may require the
Contractor to produce for the Owner, within fifteen days of the approval of any progress
payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid
any sum or sums then due. A failure on the part of the contractor to provide the report as required
herein shall result in further progress or partial payments being withheld until the report is
provided.
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Section III - General Conditions
14.2
CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment, free and clear of liens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to impose any obligations upon Owner to
the Contractor or the Surety. In paying any. unpaid bills of the Contractor, Owner shall be
deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3
REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
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Section III - General Conditions
or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4 PARTIAL UTILIZATION
Use by Owner at Owner's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor
agree constitutes a separately functioning and usable part of the Work that can be used by Owner
for its intended purpose without significant interference with Contractor's performance of the
remainder of the Work, may be accomplished prior to Final Completion of all the Work subject
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part ofthe
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part of the Work is substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work. Contractor at any time
may notify Owner and Engineer in writing that Contractor considers any such part of the Work
ready for its intended use and substantially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to
determine its status of completion. If Engineer does not consider that part of the Work to be
substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefore. If Engineer considers that part of the Work to be substantially complete, the provisions
of the articles for Substantial Completion and Partial Utilization will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.5 FINAL INSPECTION
Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies. .
14.6 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such corrections to the satisfaction of Engineer and has
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by the
paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as
may be required in the Contract Documents and other documents, Contractor may make
application for final payment following the procedure for progress payments. The final
Application for Payment shall be accompanied (except as previously delivered) by: (I) all
documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if
necessary, to final payment, and (iii) complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of
such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
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Section III - General Conditions
services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner or
Owner's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may fumish
a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and temporary structures, and shall restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the Work, and shall leave the Work in a neat and presentable condition.
14.7 FINAL PAYMENT AND ACCEPTANCE
If through no fault of Contractor, final completion of the Work is significantly delayed and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment
and recommendation of Engineer, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance
to be held by Owner for Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for
Bonds and Insurance, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that such payment shall not constitute a waiver of
claims.
If on the basis of Engineer's observation of the Work during Construction and final inspection,
and Engineer's review of the final Application for Payment and accompanying documentation,
all as required by the Contract Documents, Engineer is satisfied that the Work has been
completed and Contractor's other obligations under the Contract Documents have been fulfilled,
Engineer will indicate in writing his recommendation of payment and present the Application to
Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that
the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return
the Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary corrections and resubmit the
Application. If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount
recommended by Engineer.
14.8 WAIVER OF CLAIMS
The making and acceptance of final payment will constitute: a waiver of all claims by Owner
against Contractor, except claims arising from unsettled Liens, from defective Work appearing
after final inspection, from failure to comply with the Contract Documents or the terms of any
special guarantees specified therein, or from Contractor's continuing obligations under the
Contract Documents; and a waiver of all claims by Contractor against Owner other than those
previously made in writing and still unsettled.
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK
At any time and without cause, Engineer may suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor, which will fix the date on
which Work will be resumed. Contractor shall resume the Work on the date-so fixed. Contractor
shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or
both, directly attributable to any such suspension if Contractor makes an approved claim
therefore as provided in the articles for Change of Contract Price and Change of Contract Time.
15.2 OWNER MAY TERMINATE
Upon the occurrence of anyone or more of the following events; if Contractor persistently fails
to perform the work in accordance with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this
Contract or any part thereof is sublet, without the previous written consent of Owner, or
if the Contract or any claim thereunder is assigned by Contractor otherwise than as
herein specified, or at any time Engineer certifies in writing to Owner that the rate of
progress of the Work or any part thereof is unsatisfactory or that the work or any part
thereof is unnecessarily or unreasonably delayed.
Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the
extent permitted by Laws and Regulations, terminate the services of Contractor, exclude
Contractor from the site and take possession of the Work and of all Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent
they could be used by Contractor (without liability to Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which Ownerhas
paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until the
Work is fmished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and
damages sustained by Owner arising out of or resulting from completing the Work such excess
will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a
Change Order, provided that when exercising any rights or remedies under this paragraph Owner
shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
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Section III - General Conditions
Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In
such case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Wark executed in accordance with the Contract
DocUlnents prior to the effective date of termination, including fair and reasonable
sums for overhead and profit on such Work;
for expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses;
for all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, Suppliers and others; and for reasonable expenses directly
attributable to termination.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE
If, through, no act or fault of Contractor, the Work is suspended for. a period of more than ninety
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within sixty days after it is submitted or Owner fails for sixty days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days'
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Agreement and recover from Owner
payment on the same terms as provided in the article for Owner May Terminate. However, if the
Work is suspended under an order of court through no fault of the Owner, the Contractor shall
not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within thirty days after it is submitted, or Owner has failed for thirty
days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's
written notice to Owner' and Engineer stop the Work until payment of all such amounts due
Contractor. The provisions of this article are not intended to preclude Contractor from making
claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise
for expenses or damage directly attributable to Contractor's stopping Work as permitted by this
article.
16 DISPUTE RESOLUTION
If and to the extent that Owner and Contractor have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure will proceed. If no such agreement on the method and procedure for
resolving such disputes has been reached, subject to the provisions of the article for Decisions on
Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any dispute
provided, however, that nothing herein shall require a dispute to be submitted to binding
arbitration.
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Section III - General Conditions
17 MISCELLANEOUS
17 .1 SUBMITTAL AND DOCUMENT FORMS
The form of all submittals, notices, change orders and other documents permitted or required to
be used or transmitted under the Contract Documents shall be determined by the Engineer
subject to the approval of the Owner.
17.2 GIVING NOTICE
Whenever any provision of the Contract Documents requires the giving of written notice, notice
will be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
17.3 NOTICE OF CLAIM
Should Owner or Contractor suffer injury or damage to person or property because of any error,
omission or any act of the other party or of any of the other party's officers, employees or agents
or others for whose acts the other party is legally liable, claim will be made in writing to the
other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or repose.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED
Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in
each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other
professionals and all court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any rights thereunder without
the approval of the Owner, nor without the consent of surety unless the surety has waived its
rights to notice of assignment.
17.6 RENEWAL OPTION
Annual Contracts issued through Public Works Administration may be renewed for up to two (2)
years, upon mutual consent of both the City and the ContractorNendor. All terms, conditions
and unit prices shall remain constant unless otherwise specified in the contract specifications or
in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be
agreed to in writing by both parties. All renewals are contingent upon the availability of funds,
and the satisfactory performance of the Contractor as determined by Public Works
Administration.
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Revised: 511112005
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SECTION IV
TECHNICAL
SPECIFICATIONS
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Section IV - Technical Specifications
1. SCOPE OF WORK
SCOPE DESCRIPTION
Project Name: Myron A. Smith Bavview Park Landscape and Irrie;ation
Project Number: 06-0021-PR
The project will consist of the installation of new plant material and irrigation components within
project boundaries. Removal of existing vegetation will be completed prior to notice to proceed.
Contractor will be responsible for the purchase and coordination of plant material to include
delivery charges. Irrigation plans are to be utilized in conjunction with city irrigation standards.
City staff will have a 1.5" water meter on site to be utilized. Contractor will be responsible for
all pipe work from the meter and throughout the site. Project Site is located 3035 Gulf to Bay
Blvd., Clearwater, FL 33759. Project sign will be provided by others. All permits will be the
responsibility of City staff. Detailed Scope of Work includes but not limited to: see plans and
specifications
Installation of Landscape
. Prepare landscape area for plant material
. Purchase and Install landscape material according to plan
. Staging of material is allowed on site; security is the responsibility of the contractor
. Coordinate with other site contractors and city staff.
. Replacement of any damaged sod material resulting from landscape installation.
Installation of Irrieation
. Purchase and Install of irrigation components according to plans and specifications
. Protect tree roots using skeleton system where necessary
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Section IV - Technical Specifications
SCOPE OF WORK CHECKLIST
Project Name: Mvron A. Smith Bayyiew Park Landscape and Irrieation
Project Number: 06-0021-PR
The following Articles of the Technical Specifications will apply to this contract if marked "X"
as shown below:
1 ~ Scope Of Work
2.1 ~ Line, Grade And Record Drawings - by Contractor
2.2 0 Line, Grade And Record Drawings - by City
3 [8J Definition Of Terms
4 ~ Order And Location Of The Work
5 [8J Excavation For Underground Work
6 0 Concrete
7 0 Excavation And Forms For Concrete Work
8 0 Reinforcement
9 [8J Obstructions
10 0 Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement
11 0 Work In Easements Or Parkways
12 0 Dewatering
13 0 Sanitary Manholes
14 [8J Backfill
15 0 Street Crossings, Etc.
16 0 Raising Or Lowering Of Sanitary Sewer, Storm Drainage Structures
17 [8J Unsuitable Material Removal
18 0 Underdrains
19 0 Storm Sewers
20 0 Sanitary Sewers And Force Mains
21 ~ Drainage
22 0 Roadway Base And Sub grade
23 [ 1 Asphaltic Concrete Materials
24 0 Adiustment To The Unit Bid Price For Asphalt
25 ~ General Planting Specifications
26 0 Hdpe Deformed - Reformed Pipe Lining
27 [8J Plant Mix Driveways
28 0 Reporting Of Tonnage Of Recycled Materials
29 0 Concrete Curbs
30 0 Concrete Sidewalks And Driveways
31 ~ Sodding
32 ~ Seeding
33 0 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures
34 ~ Material Used
35 [8J Conflict Between Plans And Specifications
36 0 Street Signs
37.1 0 AudioNideo Tape Of Work Areas - by City
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Section IV - Technical Specifications
37.2 0 AudioNideo Tape Of Work Areas - by Contractor
38 L8:J Erosion And Siltation Control
39 L8:J Utility Tie In Location Marking
40 L8:J Award Of Contract, Work Schedule And Guarantee
41 L8:J Water Mains and Appurtenances
42 0 Gas System Specifications
43 0 Tennis Courts
44 L8:J Work Zone Traffic Control
45 0 Cured-In-P1ace Pipe Lining
46 0 Specifications for Polyethylene Sliplining
47 0 Specifications for Polyvinyl Chloride Ribbed Pipe
48 0 Gunite Specifications
49 0 Sanitary and Storm Manhole Liner Restoration
50 0 Project Information Signs
51 0 In-Line Skating Surfacing System
52.1 0 Resident Notification of Start of Construction - by City
52.2 L8:J Resident Notification of Start of Construction - by Contractor
53 0 Gabions and Mattresses
54 0 Lawn Maintenance Specifications
55 0 Milling Operations
56 L8:J Clearing and Grubbing
57 0 Riprap
58 0 Treatment Plant Safety
59 0 Traffic Signal Equipment and Materials
60 0 Signing And Marking
61 0 Roadway Lighting
62 L8:J Tree Protection
63 0 Project Web Pages
TIME: 60 DAYS
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Section IV - Technical Specifications
2 LINE. GRADE AND RECORD DRAWINGS
2.1 LINE & GRADE SHALL BE PERFORMED BY THE CONTRACTOR
Benchmarks to be used shall be those as shown on the plans. Control points (for alignment only)
shall be established by the Engineer. Contractor shall submit cut sheets for all underground work
24 hours in advance of commencement of the work for checking. Checking of cut-sheets does
not relieve the Contractor of any responsibilities for any errors or conflicts whatsoever. Cut
sheets shall be submitted in triplicate. The Contractor shall provide three complete sets of Record
construction drawings prior to final payment being made.
3. DEFINITION OF TERMS
For the purpose of these Technical Specifications the following definition of terms shall apply:
City
City of Clearwater, Pinellas County, FL.
Engineer
The City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized
representative.
Contractor
The person, firm or corporation with whom this contract or agreement has been made by
the City of Clearwater or its duly authorized representative.
Inspector
An authorized representative of the City Engineer of Clearwater, assigned to make
official inspections of the material furnished and the work performed by the Contractor.
PD. 0. T
The Standard Specifications for Road and Bridge Construction as
Specifications
issued by the Florida Department of Transportation (latest English edition).
A.A.SH.To.
American Association of State Highway and Transportation Officials.
A.WS
American Welding Society
A.STM
American Society for Testing Materials
A.SA.
American Standards Association
A.N.SI.
American National Standards Institute
A.WWA.
American Water Works Association
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Section IV - Technical Specifications
o.S.HA.
Occupational Safety & Health Administration
A.C.l
American Concrete Institute
Representative of Contractor
The Contractor shall assign a responsible person or persons, one of whom shall be at the
construction site at all times that work is progressing. The names and positions of these
persons shall be submitted to the City Engineer at the time of the pre-construction
conference. This person or persons shall not be changed without written approval of City
Engineer.
Estimated Quantities
The Contractor's attention is called to the fact that the estimate of quantities as shown on
the Proposal Sheet is approximate and is given only as a basis of calculation upon which
the award ofthe contract is to be made. The City does not assume any responsibility that
the final quantities will remain in strict accordance with estimated quantities nor shall the
contractor plead misunderstandings or deception because of such estimate of quantities or
of the character or location ofthe work or of other conditions or situations pertaining
thereto.
4. ORDER AND LOCATION OF THE WORK
The City reserves the right to accept and use any portion ofthe work whenever it is considered to
the public interest to do so. The Engineer shall have the power to direct on what line or street the
Contractor shall work and order thereof.
5. EXCAVATION FOR UNDERGROUND WORK
The contractor is responsible to take all necessary steps to conduct all excavation in a manner
which provides for the successful completion of the proposed work while at all times
maintaining the safety of the workmen, the general public and both public and private property.
The contractor's methods of work will be consistent with the standard practices and requirements
of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health
Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in
these plans and specifications, the methods of safety control and compliance with regulatory
agency safety requirements are the full and complete responsibility of the contractor.
For the purposes of the Contractor's safety planning in the bidding process, the contractor is to
consider all excavation to be done in the performance of this contract to be in soil classified as
OSHA "Type C". The Contractor's attention is called to specific requirements of OSHA for
excavation shoring, employee entry, location of excavated material adjacent to excavation, the
removal of water from the excavation, surface encumbrances and in particular the requirement of
a "Competent Person" to control safety operations. The Contractor will identify his Competent
Person to City staff at the start of construction.
City staff are required from time to time to perform inspections, tests, survey location work, or
other similar activity in an excavation prepared by the contractor. City staff in conformance with
the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with
these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's
excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is
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Section IV - Technical Specifications
unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must
either provide the necessary safety requirements or provide alternate means for the
accomplishment of the City's work at the Contractor's expense.
The restoration quantities, if any, contained in the bid proposal for this contract to not contain
sufficient quantities to allow the contractor to perform excavation work using strictly the "open
cut" method whereby no shoring systems are used and trench side slopes are cut to conform to
OSHA safety requirements without a shoring system. In addition to safety reasons, the
Contractor is required to use excavation and trench-shoring methods in compliance with all
safety requirements which allow the Contractor to control the amount of restoration work
necessary to complete the project.
Not more than one hundred (100) feet of trench shall be opened at one time in advance of the
completed work unless written permission is received from the Engineer for the distance
specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than
the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid
in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to allow the
body of the pipe to rest throughout its length. In case a trench is excavated at any place,
excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling
and compaction to grade shall be done in such manner as the Engineer shall direct, without
compensation.
9. OBSTRUCTIONS
Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be
carefully protected from injury or displacement. Any damage thereto shall be fully, promptly, and
properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof.
Should it become necessary to change the position of water or gas or other pipes, sewer drains,
or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims
for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made.
Failure of the plans to show the location, nature or extent of any existing structures or
obstructions shall not be the basis of a claim for extra work. Any survey monument or
benchmark which must be disturbed shall be carefully referenced before removal, and unless
otherwise provided for, shall be replaced upon completion of the work by a registered land
surveyor. Any concrete removed due to construction requirements shall be removed to the
nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means.
14. BACKFILL
Material for backfill shall be carefully selected from the excavated material or from other sources
as may be required by the Engineer. Such material shall be granular, free from organic matter or
debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all
fill shall be similar material.
Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand
shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means.
Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness
unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98%
compaction as determined by the modified Proctor Density Test to the bottom of pavement.
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Section IV - Technical Specifications
Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a
minimum of 95% compaction of AASHTO T 180 Standard Density Test.
The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the
case of other underground structures, in the cost of such structure.
17 UNSUITABLE MATERIAL REMOVAL
All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the
site. All material removed is property of the Contractor, who shall dispose of said material off-
site at his expense. The limits of the excavation shall either be shown on the plans, or determined
in the field by the Engineer in conjunction with the City's Materials Tester.
17.1 BASIS OF MEASUREMENT
The basis of measurement shall be the amount of cubic yards of unsuitable material excavated
and replaced with suitable material as determined by either cross sections of the excavation,
truck measure, or lump sum as specified in the Scope of Work and Contract Proposal.
17.2 BASIS OF PAYMENT
The unit price for the removal of unsuitable material shall include: all materials, equipment,
tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and
incidentals necessary to complete the work. If no pay item is given, the removal of unsuitable
material shall be included in the most appropriate bid item.
21. DRAINAGE
The Contractor shall provide proper outlet for all water courses and drains interrupted during the
progress of the work and replace them in as good condition as he found them.
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Section IV - Technical Specifications
25. GENERAL PLANTING SPECIFICATIONS
25.1 IRRIGATION
DESCRIPTION
A. The work specified in this Section consists of the installation of an automatic
underground irrigation system as shown or noted in the plans. Provide all labor, materials,
equipment, services and facilities required to perform all work in connection with the
underground sprinkler irrigation system, complete, as indicated on the drawings and/or
specified. Work noted as "NIC", "existing", or "by others" is not included in this pay
item.
B. The irrigation plans are schematic in nature. Valves and pipes shall be located in the
turf/landscape areas except at road/paving crossings. All piping under paving shall be
sleeved. Changes in the irrigation system layout shall be modified with the approval of
the Engineer.
QUALITY ASSURANCE
A. The irrigation work shall be installed by qualified personnel or a qualified irrigation
subcontracting company that has experience in irrigation systems of similar size, scope,
mainline, system pressure, controls, etc.
B. All applicable ANSI, ASTM, FED.SPEC. Standards and Specifications, and all
applicable building codes and other public agencies having jurisdiction upon the work
shall apply.
C. Workmanship: All work shall be installed in a neat, orderly and responsible manner with
the recognized standards of workmanship. The Engineer reserves the right to reject
material or work which does not conform to the contract documents. Rejected work shall
be removed or corrected at the earliest possible time at the contractor's expense.
D. Operation and Maintenance Manuals: The contractor shall prepare and deliver to the
Engineer within ten (10) calendar days prior to completion of construction a minimum of
three (3) hard cover binders with three rings containing the following information:
1. Index sheet stating the contractor's address and business telephone number, 24 hour
emergency phone number, person to contact, list of equipment with name(s) and
address( es) of local manufacturer's representative( s) and local supplier where
replacement equipment can be purchased.
2. Catalog and part sheet on every material and equipment installed under this contract.
3. Complete operating and maintenance instructions on all major equipment.
4. Provide the Engineer and the City of Clearwater maintenance staff with written and
"hands on" instructions for major equipment and show evidence in writing to the
Engineer at the conclusion of the project that this service has been rendered.
a. Four-hour instruction (minimum) for the Drip Emitter equipment operation and
maintenance.
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Section IV - Technical Specifications
b. Two-hour instruction (minimum) for automatic control valve operation and
maintenance.
PROJECT CONDITIONS
A. The Irrigation Contractor shall coordinate the work with all other trades, all underground
improvements, the location and planting of trees and all other planting. Verify planting
requiring excavation 24 in. diameter and larger with the Engineer prior to installation of
main lines.
B. Provide temporary irrigation at all times to maintain plant materials.
C. The Irrigation Contractor is responsible to maintain the work area and equipment until
final acceptance by the Engineer. Repairs and replacement of equipment broken, stolen,
or missing as well as regular maintenance operations shall be the obligation of the
contractor.
D. The Irrigation Contractor shall submit a traffic control plan (per FDOT specifications) to
the Engineer prior to initiating construction on the site. The Contractor shall be
responsible for the maintenance of traffic signs, barriers, and any additional equipment to
comply with the FDOT standards and to ensure the safety of its employees and the
public.
WARRANTY
A. The Manufacturer(s) shall warrant the irrigation system components to give satisfactory
service for one (1) year period from the date of acceptance by the Engineer and the City
of Clearwater. Should any problems develop within the warranty period due to inferior or
faulty materials, they shall be corrected at no expense to the City of Clearwater or FDOT.
PRODUCTS
GENERAL
A. All materials throughout the system shall be new and in perfect condition. No deviations
from the specifications shall be allowed except as noted.
PIPING
A. The irrigation system pipe shall be as stated herein and shall be furnished, installed and
tested in accordance with these specifications.
B. All pipe is herein specified to be Polyvinyl Chloride (PVC) Pipe, 1120, Schedule 40,
conforming to ASTM D2665 and D1785.
C. All nipples, pipe connections, bushings, swing joints, connecting equipment to the
mainline is required to be threaded Polyvinyl Chloride (PVC) Pipe, Schedule 80.
PIPE FITTINGS
A. All pipe fittings for Schedule 40 PVC pipe shall be as follows: Fittings shall conform to
the requirements of ASTM D2466, Standard Specification for Polyvinyl Chloride (PVC)
Plastic Pipe Fittings, Schedule 80. All fittings shall bear the manufacturer's name or
trademark, material designation, size, applicable IPS schedule and NSF seal of approval.
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Section IV - Technical Specifications
The connection of mainline pipe to the automatic control valve shall be assembled with
threaded Schedule 80 fittings and threaded Schedule 80 nipples.
PVC PIPE CEMENT AND PRIMER
A. Provide solvent cement and primer for PVC solvent weld pipe and fittings as
recommended by the manufacturer. Pipe joints for solvent weld pipe to be belled end.
B. Purple primer shall be applied after the pipe and fittings has been cut and cleaned. The
Primer shall be of contrasting color and be easily recognizable against PVC pipe.
THREADED CONNECTIONS
A. Threaded PVC connections shall be made using Teflon tape or Teflon pipe sealant.
GATE VALVES
MANUAL GATE VALVES 2 IN. AND SMALLER
A. Provide the following, unless otherwise noted on Drawings:
1. 200-250 psi Ball Valve
2. PVC body - with Teflon Ball Seals
3. Threaded-Dual end Union Connectors
4. Non-Shock Safe- T-Shear Stem
5. Safe-T-Shear True Union Ball Valve as manufactured by Spears Manufacturing
Company, Sylmer, California, or approved equal.
GATE VALVES 2%" IN. AND LARGER
A. Provide the following, unless otherwise noted on Drawings:
1. AWWA-C-509
2. 200 lb. a.w.G
3. Cast Iron body - ASTM A 126 Class B
4. Deep socket joints
5. Rising stem
6. Bolted bonnet
7. Double disc
8. Equipped with 2" square operating key with tee handle
B. Provide two (2) operating keys for gate valve 3" and larger. The "street key" shall be 5'
long with a 2" square operating nut.
SLEEVES
A. Sleeves: (Existing by City of Clearwater)
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Section IV - Technical Specifications
REMOTE CONTROL VALVES
A. The remote control valve shall be a solenoid actuated, balance-pressure across-the
diaphragm type capable of having a flow rate of 25-30 gallons per minute (GPM) with a
pressure loss not to exceed 6.1 pounds per square inch (PSI). The valve pressure rating
shall not be less than 150 psi.
B. The valve body and bonnent shall be constructed of high impact weather resistant plastic,
stainless steel and other chemicallUV resistant materials. The valve's one-piece
diaphragm shall be of durable santoprene material with a clog resistant metering orifice.
C. The valve body shall have a 1" inch (FNPT) inlet and outlet or a one inch slip by slip
inlet and outlet for solvent weld pipe connections.
D. The valve construction shall be as such to provide for all internal parts to be removable
from the top of the valve without disturbing the valve installation.
E. The valve shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora,
California, or approved equal.
F. Identify all control valves using metal I.D. tags numbered to match drawings.
VALVE BOXES
A. For remote control drip valve assembly and UNIK control timer use a Brooks #36
concrete value box with #36- T cast iron traffic bearing cover, or approved equal.
B. For flush valve assembly use an Ametek #181014 (l0") circular valve box with #181015
cover comparable to Brooks, or approved equal.
C. For air relief assembly use an Ametek #182001 (6") economy turf box
cover comparable to Brooks, or approved equal.
with #182002
DRIP IRRIGATION
CONSTRUCTION
A. Techline shall consist of nominal sized one-half inch (1/2") low-density linear
polyethylene tubing with internal pressure compensating, continuously self-cleaning,
integral drippers at a specified spacing, (12", 18", or 24" centers). The tubing shall be
brown in color and conform to an outside diameter (D.D.) of 0.67 inches and an inside
diameter (I.D.) of 0.57 inches. Individual pressure compensating drippers shall be welded
to the inside wall of the tubing as an integral part of the tubing assembly. These drippers
shall be constructed of plastic with a hard plastic diaphragm retainer and a self-
flushing/cleaning elastomer diaphragm extending the full length of the dripper.
OPERATION
A. The drippers shall have the ability to independently regulate discharge rates, with an inlet
pressure of seven to seventy (7-70) pounds per square inch (PSI), at a constant flow and
with a manufacturer's coefficient of variability (Cv) of 0.03. Recommended operating
pressure shall be between 15-45 PSI. The dripper discharge rate shall be 0.4, 0.6, or 0.9
gallons per hour (GPH) utilizing a combination turbulent flow/reduced pressure
compensation cell mechanism and a diaphragm to maintain uniform discharge rates. The
drippers shall continuously clean themselves while in operation. The dripperline shall be
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Section IV - Technical Specifications
available in 12", 18" and 24" spacing between drippers unless otherwise specified.
Techline pipe depth shall be under mulch unless otherwise specified on Plans. Maximum
system pressure shall be 45 PSC. Filtration shall be 120 mesh or finer. Bending radius
shall be 7".
B. For on-surface or under mulch installations, 6" metal wire staples (TLS6) shall be
installed 3' -5' on center, and two staples installed at every change of direction.
LINE FLUSHING VALVES
A. The sub-surface system shall utilize Automatic Line Flush Valves at the end of each
independent zone area. This valve shall be capable of flushing one gallon at the beginning
of each irrigation cycle. The valves shall match the drip line manufacturer and connect
directly to the dripline.
AIRNACUUM RELIEF VALVE
A. Each independent irrigation zone shall utilize an AirNacuum Relief Valve at its high
point(s). The air and vacuum relief valve shall seal effectively from 2 to 110 psi.
PRESSURE REGULATORS
A. The pressure regulator shall be designed to handle steady inlet pressures over 150 pounds
per square inch (psi) and maintain a constant outlet pressures of 25 psi. Regulating
accuracy shall be within =/-6%. The pressure regulator shall be manufactured from high-
impact engineering grade thermoplastics. Regulation shall be accomplished by a fixed
stainless steel compression spring which shall be enclosed in a chamber separate from the
water passage.
FILTERS
A. The filter shall be a multiple disc type filter with notation indicating the minimum partial
size to travel through or the mesh size of the element being used. The discs shall be
constructed of chemical resistant thermoplastic for corrosion resistance.
FITTINGS
A. All connections shall be made with barb or compression type fitting connections. Fittings
and dripline shall be as manufactured by the manufacturer of the drip line to ensure the
integrity of the subsurface irrigation system.
AUTOMATIC CONTROL TIMER
A. The irrigation controller (control module) shall be programmable by a separate
transmitter device only. The program shall be communicated to the Control Module from
the Field Transmitter via an infrared connection. The controller shall be of a module type
which may be installed in a valve box underground. The controller shall function
normally if submerged in water and the communication from the transmitter shall
function if submerged in water.
B. The control module shall be housed in an ABS plastic cabinet and shall be potted to
insure waterproof operation. The control module shall have two mounting slots for
screws allowing the module to be securely mounted inside a valve box.
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Section IV - Technical Specifications
C. The controller shall operate on one nine volt alkaline battery for one full year regardless
of the number of stations utilized. The controller shall operate 1, 2, or 4 stations either
sequentially or independently.
D. The controller shall have three independent programs with eight start times each, station
run time capability from one minute to twelve hours in one minute increments, and a
seven day calendar. The controller shall turn on stations via latching solenoids installed
on the valves. Manual operations shall be initiated by attaching the Field Transmitter to
the Control Module and programming a manual start. The controller shall be capable of
manual single station or manual program operation.
E. The controller shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora,
California USA.
FIELD TRANSMITTER
A. The irrigation controller shall be programmable by a separate transmitter device (Field
Transmitter) only. The Field Transmitter shall communicate to the Control Module via an
infrared connection. The Field Transmitter shall be water resistant and housed in ABS
plastic and have a removable, reversible protective sheath. The Field Transmitter shall
operate on one 9V alkaline battery.
B. The Field Transmitter shall have a large LCD screen and a seven-key programming pad.
A beep sound shall confirm every key stroke. The screen shall automatically turn off after
one minute when not in use.
C. The Field Transmitter shall be capable of programming an unlimited number of UNIK
Control Modules.
D. The Field Transmitter shall be as manufactured by Rain Bird Sprinkler Mfg. Corp.,
Glendora, California USA.
LATCHING SOLENOID
A. The Latching Solenoid shall be supplied with an installed, filtered adapter allowing
installation ofthe solenoid onto any Rain Bird DV, PGA, PEB, PES-B, GB, ofEFB series
valve.
B. The Latching Solenoid shall be as manufactured by Rain Bird Sprinkler Mfg. Corp.,
Glendora, California USA.
EXECUTION
GENERAL INSTALLATION REQUIREMENTS
A. Before work is commenced, hold a conference with the Engineer to discuss general
details of the work.
B. Verify dimensions and grades at job site before work is commenced.
C. During the progress of the work, a competent superintendent and any assistants necessary
shall be on site, all satisfactory to the Engineer. This superintendent shall not be changed,
except with the consent of the Engineer. The superintendent shall represent the Contractor
in his absence and all directions given to the superintendent sha.ll be as binding as if given
to the Contractor.
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Section IV - Technical Specifications
D. Obtain and pay for all irrigation and plumbing permits and all inspections required by
outside authorities.
E. All work indicated or notes on the Drawings shall be provided whether or not specifically
mentioned in these Technical Special Provisions.
F. If there are ambiguities between the Drawings and Specifications, and specific
interpretation or clarification is not issued prior to bidding, the interpretation or
clarification will be made only by the Engineer, and the Contractor shall comply with the
decisions. In event the installation contradicts the directions given, the installation shall
be corrected by the Contractor at no additional cost.
G. Layout of sprinkler lines shown on the Drawing is diagrammatic only. Location of
sprinkler equipment is contingent upon and subject to integration with all other
underground utilities. Contractor shall employ all data contained in the contract
Documents and shall verify this information at the construction site to confirm the
manner by which it relates to the installation.
H. Do not proceed with the installation of the sprinkler system when it is apparent that
obstructions or grade differences exist or if conflicts in construction details, legend, or
specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be
brought to the attention of the Engineer.
1. The disturbance of existing paving will not be permitted. Install all required sleeving
prior to roadway base.
EXCAVATING AND BACKFilLING
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TRENCHING. GENERAL
A. Dig sides of trenches straight. Provide continuous support for pipe on bottom of trenches.
Lay pipe to uniform grade. Trenching excavation shall follow layout indicated on
Drawings.
B. Maintain 6 in. horizontal and minimum clearance between sprinkler lines and between all
lines of other trades.
C. Do not install sprinkler lines directly above another line of any kind.
D. Maintain 6 in. vertical minimum between sprinkler lines which cross at angles of 45
degrees to 90 degrees.
E. Exercise care when excavating, trenching and working near existing utilities.
BACKFilLING
A. All pressure supply lines (mainline) shall have 18" offill placed over the pipe.
B. Initial backfill on all lines shall be of a fine granular material with no foreign matter
larger than Y2 in.
C. Compact backfill according to Section 125 ofFDOT Specification Book, 1996 Edition.
D. Do not, under any circumstances, use equipment or vehicle wheels for compacting soil.
E. Restore grades and repair damages where settling occurs.
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Section IV - Technical Specifications
F. Compact each layer of fill with approved equipment to achieve a maximum density per
AASHTO T 180 - latest edition. Under landscaped area, compaction shall not exceed
95% of maximum density.
G. Compaction shall be obtained by the use of mechanical tampers or approved hand
tampers. When hand tampers are used, the materials shall be deposited in layers not more
than six (6") inches thick. The hand tampers shall be suitable for this purpose and shall
have a face area of not more than 1 00 square inches. Special precautions shall be taken to
prevent damage to the irrigation system piping and adjacent utilities.
ROUTING OF PIPING:
A. Routing of pressure and non-pressure piping lines are indicated diagrammatically on
Drawings.
B. Coordinate specimen trees and shrubs with routing oflines.
1. Planting locations shall take precedence over sprinkler and piping locations.
2. Report to Owner any major deviation from routing indicated.
C. Conform to Drawings layout without offsetting the various assemblies from the pressure
supply line.
D. Layout drip tube and make any minor adjustments required due to differences between
site and Drawings. Any such deviations in layout shall be within the intent of the original
Drawings, and without additional cost.
E. Layout all systems using an approved staking method, and maintain the staking of
approved layout.
INSTAllATION
WATER SUPPLY
A. Connections to the water sources shall be at the approximate locations indicated on the
Drawings. Make minor changes caused by actual site conditions without additional cost
to the Owner.
ASSEMBLIES
A. Routing or pressure supply lines as indicated on Drawings is diagrammatic only. Install
lines and required assemblies in accordance with details on Drawings.
B. Do not install multiple assemblies on plastic lines. Provide each assembly with its own
outlet. When used, the pressure relief valve shall be the last assembly.
C. Install all assemblies in accord with the respective detail Drawings and these Technical
Special Provisions.
D. Plastic pipe and threaded fittings shall be assembled using Teflon tape, applied to the
male threads only.
SLEEVES: (EXISTING BY CITY OF CLEARWATER)
A. The contractor shall verify the location of all existing sleeves as shown on the roadway,
utility and/or irrigation plans and notify the Engineer of any discrepancies.
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Section IV - Technical Specifications
PLASTIC PIPE
A. Install plastic pipe in accord with manufacturer's recommendations.
B. Prepare all welded joints with manufacturer's cleaner prior to applying solvent.
1. Allow welded joints as least 15 minutes setup/curing time before moving or handling.
2. Partially center load pipe in trenches to prevent arching and shifting when water
pressure IS on.
3. Do not permit water in pipe until a period of at least four hours has elapsed for
solvent weld setting and curing, unless recommended otherwise by solvent
manufacturer.
C. Curing
1. When the temperature is above 80 degrees F., allow soluble weld joints at least 24
hours curing time before water is introduced under pressure.
D. Flushing the system:
1. After all sprinkler pipe lines and risers are in place and connected, open the control
valves and flush out the system with a full head of water.
E. Installing piping under existing pavement:
1. Piping under existing pavement may be installed by jacking & boring.
2. Secure permission from the Engineer before cutting or breaking any existing
pavement. All repairs and replacements shall be approved by Engineer and shall be
accomplished at no additional cost.
CONTROLLERS
A. Install all automatic controllers as shown in the plans.
1. The location of all controllers shall be approved by the Engineers representative prior
to installation.
REMOTE CONTROL VALVES
A. Install at sufficient depth to provide not more than 6 in., nor less than 4 in. cover from the
top of the valve to finish grade.
B. Install valves in a plumb position with 24 in. minimum maintenance clearance from other
equipment, 3 feet minimum from edges of sidewalks, buildings, and walls, and no closer
than 7 feet from the back of curb or edge of pavement along roadways.
C. Contractor shall adjust the valve to provide the proper flow rate or operating pressure for
each sprinkler zone.
GATE VALVES
A. Install where indicated and with sufficient clearance from other materials for proper
maintenance.
B. Check and tighten valve bonnet packing before backfill.
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Section IV - Technical Specifications
LANDSCAPE
GENERAL
RELATED DOCUMENTS
A. The Contract Documents shall include the Plans, Details, Specifications, Bid Proposal,
Contract Agreement, including Installation Schedule, all Addenda, and Contractual and
Special Conditions when required.
REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with Federal, State, Local, and other duly constituted authorities and regulatory
agencies, without additional cost to the Owner in matters pertaining to codes, safety, and
environmental matters.
B. Any permits for the installation or construction of any of the work included under the
contract, which are required by any of the legally constituted authorities having
jurisdiction, shall be arranged for by the Contractor and paid for directly by the
Contractor, unless otherwise agreed upon in writing.
SCOPE OF WORK
A. All provisions of Contract, including General and Special Provisions and Plans, apply to
the work specified in this Section. The Scope of Work includes everything for and
incidental to executing and completing all landscape work shown on the Plans,
Schedules, Notes and as specified herein.
B. Furnish and provide all labor, plants and materials tools and equipment necessary to
prepare the soil for plantings, to install and care for all plant materials (including finish
grading if necessary); to remove and/or transplant existing plants if indicated; to furnish,
plant, fertilize, guy and brace, water, mulch and prune all new plant materials; and to
execute all other Work as described herein or indicated on the Plans.
C. Work under this Section shall include labor and materials for final grading and raking to
prepare the site for sodding, sprigging, or seeding, so finished lawn or playing field will
appear even and uniform, will drain adequately, and will comply with the intent of the
landscape drawings.
D. Initial maintenance oflandscape materials as specified in this document.
QUALITY ASSURANCE
A. Landscape work shall be contracted to a single firm specializing in landscape work, who
shall in turn subcontract no more than 40% of the work specified. All subcontractors
under the control of the Contractor involved in the completion of the landscape work,
shall be made known to the Owner and the Landscape Architect prior to their
commencement of work on the project.
B. All work of this Section shall conform to the highest standard oflandscape practices.
C. The Plant Material Schedule included with these Plans is provided only for the
Contractor's convenience; it shall not be construed as to conflict or predominate over the
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Section IV - Technical Specifications
Plans. If conflict between the Plans and Specifications exists, the Plan shall predominate
and be considered the controlling document.
D. During this work, the Contractor shall be responsible for maintaining safety among
persons in his employ in accordance with the standards set by The Occupational Safety
and Health Act of 1970 (and all subsequent amendments). Owner and Landscape
Architect shall be held harmless from any accident, injury or any other incident resulting
from compliance or non-compliance with these standards.
E. The Contractor shall cooperate with and coordinate with all other trades whose work is
built into or affects the work in this Section.
F. All appropriate utility companies and agencies shall be contacted 72 hours prior to
excavation. Call "One Call" at 1-800-432-4770.
G. The Contractor shall carefully examine the site and all existing conditions affecting the
work, such as: soil, obstructions, existing trees, utilities, etc. Report any conditions in
conflict with the work to the Landscape Architect.
SUBMITTALS
A. The Contractor is required to submit prior to the expiration of the required maintenance
period, two copies of typewritten instructions recommending procedures to be established
by the Owner for maintenance of landscape work for a period of one year.
B. Furnish unit prices for all plant materials and inert materials, including labor for all
specified work.
ALTERNATES, ADDITIONS, DELETIONS, SUBSTITUTIONS
A. If there are additions/alternates included in these Plans and Specifications, the Contractor
must propose prices to accomplish the work stated as additions/alternates at the time of
bidding.
B. The Owner, through his Project Representative, reserves the right to add or deduct any of
the work stated herein without rendering the Contract void.
C. The Contractor must have written approval by the Project Representative for any
substitutions not previously agreed to in the purchase agreement: installation without
approval is entirely at the Contractor's risk.
D. All material acquired through additions or substitutions shall be subject to all conditions
and warranties stated herein.
ABBREVIATIONS/DEFINITIONS
o.A. or HT:
The over-all height of the plant measured from the ground to the natural, untied state of
the majority of the foliage, not including extreme leaves, branches or fronds.
C.T:
Clear trunk is measured from the ground to the bottom of the first leaf or frond stem with
no foliage from ground to specified height. For example, on Canary Island Date Palms or
similar, the clear trunk measurement includes the "nut" at the base of the fronds.
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C.W:
SPR.:
Section IV - Technical Specifications
Clear wood is measured from the ground to the bottom of the base of the lowest leaf
sheath or boot, trimmed in a natural manner. For example, on Canary Island Date Palms
or similar, the clear wood measurement does not include the "nut" at the base of the
fronds.
Spread, branches measured in natural untied position to the average crown diameter, not
including extreme leaves, branches or fronds.
ST. TR. :
Straight trunk.
MIN:
GAL. :
o.c.:
DIA.:
L Vs. :
Minimum.
Gallon container size, i.e., 1 gallon, 3 gallon, 7 gallon, etc.
On center, distance between plant centers.
Diameter.
Leaves.
D.B.H:
Diameter or caliper of main trunk of tree as measured at breast height at 4-112 feet above
grade.
CAL. :
B&B:
PPP:
FG:
STD.:
Caliper, the outside diameter of up to a four inch tree is measured six inches above grade,
larger trees are measured at 12 inches above grade.
Balled and burlapped in accordance with horticultural standards of the American
Association of Nurserymen.
Plants per pot.
Field grown.
Standard, single, straight trunk.
Owner:
To be known as that entity which holds title or control to the premises on which the work
is performed.
Owner s Representative:
Owner's on-site representative shall be responsible for approval of quantity and quality of
materials specified and execution of installation.
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Section IV - Technical Specifications
Contractor:
Shall refer to that person or enterprise commonly known as the Landscape Contractor.
LandscQpe Architect:
This person or firm is the responsible representative of the Owner who produces the
landscape Plans and Specifications.
PRODUCT DELIVERY, STORAGE, AND HANDLING
PLANT MATERIALS
A. Provide container grown or, if appropriate, freshly dug trees and shrubs. Do not prune
prior to delivery. Do not bend or bind trees or shrubs in such a manner as to damage bark,
break branches or destroy natural shape. Provide protective covering during delivery. If
plant delivery is made in open vehicles, the entire load shall be suitably covered.
B. All plants are to be handled at all times so that roots or root balls are adequately protected
from sun, cold, or drying winds. No root balls for trees and container plants that have
been cracked or broken shall be planted except upon special approval. Plants shall not be
pulled by the tops or stems, nor handled in a rough or careless manner at any time.
C. Balled and burlapped plants shall be moved with firm, natural, balls of soil, not less than
1 foot diameter of ball to every 1 inch caliper of trunk; root ball depth shall not be less
than 2/3 of root ball diameter. B & B plants which cannot be planted upon delivery shall
have their root balls covered with moist soil or mulch.
D. Trees shall be dug with adequate balls, b urlapp ed, and wire bound if needed. Root
pruning to be done a minimum of 4 weeks before removal from the field and planting at
the site. Root balls may not be encased in "grow bags" or other synthetic material, except
plastic shrink wrap for transport only.
E. Remove all fronds form sabal palms prior to planting, but leave a minimum of 12 inches
of new frond growth above the bud. Do not damage bud. On all other palms, only a
minimum of palm fronds shall be removed from crown to facilitate moving and handling.
Clear trunk shall be determined after minimum fronds have been removed. Boots shall be
removed from trunk unless otherwise specified. Palms shall be planted within 24 hours of
delivery.
F. Deliver trees and shrubs after preparations for planting have been completed and plant
immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs
in shade, protect from weather and mechanical damage, and cover to keep the roots
moist.
G. Label at least one tree and one shrub of each variety with a securely attached waterproof
tag bearing legible designation of botanical and common name.
H. Sod: Time delivery so that sod will be placed within twenty-four (24) hours after
stripping. Protect sod against drying and breaking by covering palettes of sod or placing
in a shaded area.
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Section IV - Technical Specifications
JOB CONDITIONS
ACCEPTANCE OF JOB CONDITIONS.
A. The Contractor shall examine the sub-grade, verify elevations, observe the conditions
under which work is to be performed and notify the Landscape Architect or Project
Representative in writing of unsatisfactory conditions prior to beginning work. Do not
proceed with the work until unsatisfactory conditions have been corrected in a manner
acceptable to the Landscape Architect. Start of work shall indicate acceptance of
conditions and full responsibility for the completed work.
B. Proceed with and complete the landscape work as rapidly as portions of the site become
available, working within the seasonal limitations for each kind of landscape work and
following the approved schedule. If seasonal limitations apply, notify the Landscape
Architect for adjustments to the Schedule.
C. Determine locations of all underground utilities and review for conflicts with planting
procedures.
D. When adverse conditions to plant growth are encountered, such as rubble fill, drainage
conditions or obstruction, the Contractor shall notify the Landscape Architect in writing
prior to planting.
E. Plant trees and shrubs after final grades are established and prior to the planting of lawns,
protecting lawn trees and promptly repairing damages from planting operations.
SCHEDULING OF WORK
A. The work shall be carried out to completion with the utmost speed. Immediately upon
award of contract, the Contractor shall prepare a construction schedule and furnish a copy
to the Owner's Representative and/or the Landscape Architect for approval. The
Contractor shall carry out the work in accordance with the approved schedule.
B. If the Contractor incurs unforeseen costs, such as overtime hours, holidays, etc. in order
to complete the work within the time stated in the Contract, and/or to maintain the
progress schedule, all said costs shall be borne by the Contractor at no additional cost to
the Owner.
C. The Owner's Representative's may request in writing work stoppage. Upon written
request from the Owner's Representative, the Landscape Contractor shall suspend
delivery of material and stop all work for such a period as deemed necessary by the
Owner, the Owner's Representative, or the General Contractor with respect to any
additional costs which may result from work stoppage.
UTILITIES
A. The Contractor shall perform work in a manner which will avoid conflicts with utilities.
Hand excavate, as required, to minimize possibility of damage to underground utilities.
Maintain grade stakes set by others until removal is mutually agreed upon by all parties
concerned.
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Section IV - Technical Specifications
PRODUCTS
MATERIALS
PLANT MATERIALS: NOMENCLATURE
A. Plant species, sizes, etc. shall be per Plans and Specifications on Plant Material
Scheduled. Nomenclature is per Manual of Cultivated Plant, Standard Encyclopedia of
Horticulture, L.H. Bailey, or Standardized Plant Names Dictionary, American Joint
Committee on Horticultural Nomenclature (latest editions), or conforms with names
accepted in the nursery trade.
PLANT MATERIALS: QUALITY ASSURANCE
A. Provide healthy, vigorous stock grown under climatic conditions similar to conditions in
the locality of the project. Plants shall have a habit of growth that is normal for the
species and be sound, healthy, vigorous and free from insect pests or their eggs, plant
diseases, defects and injuries. Plants shall be well branched and densely foliated when in
leaf and shall have healthy, well-developed root systems.
B. Trees shall be heavily branched or, in the case of palms, be heavily leafed. Some plant
materials may be collected stock with the approval of the Landscape Architect. Provided
tree species that have a single main trunk (central leader), unless otherwise stated. Trees
that have the main trunk forming a "Y" shape or parallel branching are not acceptable.
C. Plant materials shall be specified and shall be Florida #1 or better as to shape and quality
for the species as outlined in Grades and Standards for Nursery Plants Part I and II,
Florida Department of Agriculture and Consumer Services (latest edition).
D. The Owner or Landscape Architect reserves the right to inspect plant materials either at
the place of growth or at the project site prior to planting for compliance with
requirements for name variety, size quality, or designated area.
E. Landscape materials shall be shipped with certificates of inspection as required by
governmental authorities. The Contractor shall comply with all governing regulations that
are applicable to landscape materials.
F. Do not make substitutions. If specified landscape material is not available, submit
Landscape Architect proof of it being non-available. In such event, if the Landscape
Architect designates an available source, such shall be acquired from designated source.
When authorized, a written change order for substitute material will be made by
adjustment to Contract amount.
G. Height and/or width of trees shall be measured from ground up; width measurement shall
be normal crown spread of branches with plants in the normal position. This
measurement shall not include immediate terminal growth. All measurements shall be
taken after pruning for specified sizes. All trees and shrubs shall conform to
measurements specified in the plant material schedule, except that plant material larger
than specified may be used with the approval of the Owner or Landscape Architect; with
no increase to the Contract price. Plant materials shall not be pruned prior to delivery.
H. Plant Material shall be symmetrical, typical for variety and species. Plants used where
symmetry is required shall be matched as nearly as possible.
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Section IV - Technical Specifications
I. Balled and burlapped plants shall have firm, natural balls of earth of sufficient diameter
and depth to encompass the feeding root system necessary for full development of the
plant and to conform with the standards of the American Association of Nurserymen.
Root balls and tree trunks shall not be damaged by improper binding and B & B
procedures.
J. Container-grown plants may be substituted for balled and burlapped plants or vice-versa
provided the quality is equal or better than specified and the Landscape Architect
approves the substitution.
K. Container grown stock shall have been grown in containers for at least four months, but
not over two years. If requested, samples must be shown to prove no root bound
condition exists.
GRASSES: SOD OR SEED
A. Sod or seed (as/if specified) shall be a species as stated on the Plan. Solid sod shall be of
even thickness and with a good root structure, 95% free of noxious week, freshly mowed
before cutting, and in healthy condition when laid. It must not be stacked more than 24
hours before laying and it must be grown in soil compatible to that in which it will be
installed. Sod must be kept moist prior to and after installation.
B. Seed shall be delivered to the site in unopened bags with certification tags in place.
Purity, germination and weed content shall be as certification requirements.
MULCH
A. Mulch shall be 100% Grade "B" shredded cypress bark mulch, thoroughly mixed with a
pre-emergence weed killer according to the label directions as specified on the plan.
B. Install mulch to an even depth of 3" before compaction.
FERTILIZER
A. Granular fertilizer shall be uniform in composition; free flowing and suitable for
application with approved equipment; received at the site in full, labeled, unopened bags
bearing the name, trade name or trademark and warranty of the producer; fully
conforming to State of Florida fertilizer laws.
B. All fertilizer shall bear the manufacturer's statement of analysis and shall contain the
appropriate minimum amounts of elements for the type of use specified herein.
C. Agriform 20-10-5 fertilizer tablets or approved equal, shall be placed in planting pit for
all plant materials at time of installation and prior to completion of pit backfilling.
D. Ground cover and annual areas shall receive fertilization with Osmocote Time Release
Fertilizer according to product instructions and rate.
E. For sod and seeded areas, fertilize with a complete granular fertilizer on Bahia and St.
Augustine grass at the rate of one (1) pound of nitrogen per one thousand (1,000) square
feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 50% of the
nitrogen being in slow or controlled release form. The ratio of nitrogen to potash will be
1: 1 or 2: 1 for complete fertilizer formulations. Phosphorus shall be no more than ~ the
nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese,
iron, zinc, copper, etc.).
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Section IV - Technical Specifications
STAKES AND GUYS
A. For trees, approved plastic or rubber guys shall be used between the stakes and the tree
trunk. Galvanized steel guy wire shall not be used.
B. Stakes shall be cut from 2" x 4" pressure treated (p.t.) stock for trees over 2" caliper.
Stakes shall be 2" x 2" pressure treated (p.t.) stock for trees 2" caliper and under. A
minimum of 2 stakes per tree or an optional 3 stakes per tree shall be used.
C. For single trunk palms, stakes shall be cut from 2" x 4" pressure treated (p.t.) stock, with
a minimum of 3 stakes per palm. Batten consisting of 5 layers of burlap and 5 - 2" x 4"
by 16" wood connected with two - %" steel bands shall be used around the palm trunk.
D. Other tree staking systems may be acceptable if approved.
PLANTING SOIL
A. Unless stated on the plans or in the specifications, install plant material in tilled and
loosened native soil backfill. It is the responsibility of the Landscape Contractor to test,
prior to planting and at no additional cost to the Contract, any soils which may be
unsuitable for the vigorous growth of plants. Unsuitable conditions shall be reported to
the Landscape Architect immediately in writing.
B. When required, planting soil media shall be provided by the Contractor and shall consist
of 1/3 peat and 2/3 sandy loam, with no lumps over 1".
C. Backfill and clean fill dirt provided by the Contractor shall be in a loose, friable soil.
There must be slight acid reaction to the soil (about 6.0 - 6.5 pH) with no excess of
calcium or carbonate, and it shall be free from excess weeds, clay lumps, stones, stumps,
roots and toxic substances or any other materials that might be harmful to plant growth or
a hindrance to grading, planting, and maintenance procedures and operations. No heavily
organic soil, such as muck or peat shall be used as fill dirt.
D. Bed preparation for annual beds under 1 gallon container size shall consist of 3" of
Florida peat or other approved organic soil amendment spread over full length and width
of planting area. Rototil organic layer 6 inches to 8 inches into native soil.
SOIL AMENDMENTS
A. Terra-Sorb AG or approved equal, soil amendment shall be mixed with native or planting
soil for all trees, shrubs, ground cover, and annuals according to manufacturer's
recommended application rates and methods, if specified on the Plans.
TREE PROTECTION
A. Wood fencing shall be 2" x 4" pressure treated (p.t.) stock with flagging on horizontal
members. Space vertical members 6 feet to 8 feet on center. The barricade shall be placed
so as to protect the critical protection zone area, which is the area surrounding a tree
within a circle described by a radius of one foot for each inch of the tree's diameter at
breast height DBH at 4 - Y2 feet above grade.
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Section IV - Technical Specifications
ROOT BARRIER SYSTEM
A. Root barrier fabric shall be installed when specified in the plans and/or specifications for
protection of adjacent paved surfaces according to specific product name or equal. Install
as directed by the manufacturer.
PACKAGED MATERIALS
A. Deliver packaged materials in containers showing weight, analysis and name of
manufacturer. Protect materials from deterioration during delivery and while stored at the
site.
PESTICIDES
A. Pesticides shall be only approved, safe brands applied according to manufacturer's
directions.
EXECUTION
PREPARATION
OBSTRUCTIONS BELOW GROUND
A. It shall be the responsibility of the Contractor to locate and mark all underground utilities,
irrigation lines and wiring prior to commencement of the work.
B. If underground construction, utilities or other obstructions are encountered in excavation
of planting areas or pits, the Landscape Architect shall be immediately notified to select a
relocated position for any materials necessary.
GRADING AND PREPARATION FOR PLANT MATERIALS
A. All proposed landscape areas containing existing turf grass or weeds shall be treated with
Monsanto's "Round-Up" per manufacturer's specifications. All proposed landscape areas
adjacent to water bodies shall be treated with "Rodeo" per the manufacturer's
specifications.
B. New plant materials will not be installed until a 98% weed/turf eradication has been
achieved. More than one application may be required to produce an acceptable planting
bed.
C. Pre-emergent herbicides are not a substitute for spray treatment of "Round-Up" or
"Rodeo", and may be used only with the written approval of the Landscape Architect.
D. Should any plant material in the same, or adjacent beds be damaged by these chemicals,
the same size, quantity and quality of plants shall be immediately replaced by the
Contractor at no cost to the Owner.
E. Any necessary corrections or repairs to the finish grades shall be accomplished by the
Contractor. All planting areas shall be carefully graded and raked to smooth, even finish
grade, free from depressions, lumps, stones, sticks or other debris and such that they will
conform to the required finish grades and provide uniform and satisfactory surface
drainage without puddling.
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Section IV - Technical Specifications
F. The Contractor shall remove debris (sticks, stones, rubbish) over 1 - Y2 inches in any
dimension form individual tree, shrub and hedge pits and dispose of the excavated
material off the site.
PREPARATION FOR ANNUAL BED PLANTING
A. Prepare native sub grade by rototilling or loosening by hand methods. Spread 3 inches of
Florida peat (113), sandy loam (113), or other approved organic soil amendment over the
full length and width of planting area for annuals. Rototill organic layer 6 inches to 8
inches into the native soil. Grade the planting bed by "crowning' to insure that surface
drainage, percolation, and aeration occur at rapid rates. Add Osmocote time release
fertilizer according to product instructions and rate.
PREPARATION FOR SEEDING AND SOD AREAS
A. All proposed sod areas containing existing turf grass or weeds shall be treated with
Monsanto's "Round-Up" per manufacturer's specifications. All proposed sod areas
adjacent to water bodies shall be treated with "Rodeo" per the Manufacturer's
Specifications.
B. Limit preparation to areas which will be planted promptly after preparation. Loosen sub-
grade of seed and sod areas to a minimum depth of 4 inches.
C. Immediately prior to any turf work, the Contractor shall finish grade the soil to a smooth,
even surface assuring positive drainage away from buildings and the subsequent turf
flush to the tops of adjacent curbs and sidewalks. The surface shall be sloped to existing
yard drains.
D. A complete fertilizer shall be applied to St. Augustine or Bahia grass at a rate of one (1)
pound of nitrogen per 1000 square feet. Fertilizer shall be commercial grade, mixed
granules, with 30% - 505 of the nitrogen being in slow or controlled release form.
Thoroughly work fertilizer into the top 4 inches of soil.
E. Moisten prepared seed and sod areas before planting if soil is dry. Water thoroughly and
allow surface moisture to dry before planting lawns. Do not create a muddy soil
condition.
INSTAllATION
BERM CONSTRUCTION (IF SPECIFIED)
A. Install berms at location and design shown on Plans and at the height and slope indicated.
Height stated is for finished berm with soil at natural compaction.
B. Exact location and configuration of berms may require modification to allow proper
drainage; such changes will be coordinated with the Landscape Architect.
C. If shown on the Plan, construct berms using clean sandy loam fill dirt which is well-
drained, free of rocks, roots, or other debris, with a soil pH of an acid Nature (about 6.0 -
6.5). No heavily organic soil, such as muck or peat shall be used in berm construction.
lAYOUT OF PLANT MATERIALS
A. Unless otherwise stipulated, plant materials shall be approximately located per the plans
by scale measurements using established building, columns, curbs, screen walls, etc. as
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Section IV - Technical Specifications
the measuring reference point. Slight shifting may be required to clear wires, prevent
blockage of signage, etc.
B. Shrubs and ground covers shall be located and spaced as noted on the plant material
schedule (if provided), otherwise plants will be placed in the planting beds at the
normally accepted spacing for each species.
C. Leave an 18 inch (450 millimeters) border of mulched space between outer leaves of
installed plant material and the bed line, curb, or building foundation wall for all plant
SIzes.
D. Any necessary "minor" adjustments in the layout of planting shall be made by the
Contractor with the approval of the Landscape Architect in order to conform as nearly as
possible to the intent of the plans.
PLANTING PROCEDURES
A. All shrubs, trees and ground covers or vines shall be planted in pits having vertical sides
and being circular in outline. Planting pit shall be 3 to 5 times the width of the root ball.
B. Plants shall be set straight or plumb, in the locations shown, at such level that after
settlement normal or natural relationship of the top of the root ball with the ground
surface will be established. With regards to proper nursery practices, plants under certain
conditions (i.e. low and wet areas) will benefit from being planted "high" with the root
ball about 1 inch higher than the surrounding grade.
C. All plant materials shall be fertilized with Agriform 20-10-5 planting tablets, or approved
equal, at time of installation and prior to completion of pit backfilling. Agriform planting
tablets shall be placed uniformly around the root mass at a depth that is between the
middle and the bottom ofthe root mass.
Application rate:
1 gallon 1 - 21 gram tablet
3 gallon 2 - 21 gram tablet
5 gallon 3 - 21 gram tablet
7 gallon 4 - 21 gram tablet
Trees 3 tablets each W' (12 millimeters) caliper
Palms 7- 21 gram tablets
D. Native soil shall be used in back-filling plant pits or as specified. The Contractor shall be
responsible for providing additional soil for building tree saucers.
E. When balled and burlapped plants are set, undisturbed native soil shall be left under the
base of the root ball to prevent voids. Backfill tilled and loosened native soil around the
sides of the root ball. Remove the top 4 inches (100 millimeters) of burlap wire, and all
tie-down material from the root ball. Do not remove these materials from the bottom of
the root ball. Thoroughly water-in before bringing the back-fill up to the proper grade
Roots of bare plants shall be properly spread out, and planting soil carefully worked in
among them. Failure to comply is cause for rejection.
F. Containerized plants shall be installed with undisturbed native soil left under the base of
the root ball to prevent voids. Planting pit shall be 3 to 5 times the width of the root ball.
Backfill tilled and loosened native soil around the sides of the root ball. Thoroughly
water-in before bringing the backfill up to the proper grade.
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Section IV - Technical Specifications
G. Plant spacing shall be "on center" and varies with the different plant species. Space each
variety of plant equally in the planting areas. Shrubs and ground covers adjacent to
straight or curved edges shall be triangular - spaced in rows parallel to those edges. Plant
a minimum of 18 inches from the back of the curb to the outside edge of the plant.
H. All azaleas shall be placed into a prepared bed of amended soil containing 50% weed-free
Florida peat or approved equivalent. Root balls shall be scarified vertically at 120 degree
angles in a triangular pattern.
I. Sabal palms may be planted deeper than normal if conditions warrant and if approved.
SODDING
A. During periods of drought, sod shall be watered sufficiently at its origin to moisten the
soil adequately to the depth to which it is to be cut.
B. An application of 6-6-6, 40% organic, slow or controlled release fertilizer shall be made
to all lawn areas just prior to the laying of the sod at a rate of one (1) pound of nitrogen
per 1,000 square feet. The ground shall be wet down before the sod is laid in place.
C. Solid sod shall be laid tightly with closely abutting staggered joints with an even surface
edge and sod edge, in a neat and clean manner to the edge of all the paving and shrub
areas. Cut down soil level to 1 inch to 1-1/2 inches below top of walks prior to laying
sod.
D. Within 2 hours after installing sod and prior to rolling, irrigate the sod. Sufficient water
shall be applied to wet the sod thoroughly and to wet the sod to a depth of 2 inches (50
millimeters). Watering shall be done in a manner that will avoid erosion due to the
application of excessive quantities, and the watering equipment shall be a type that will
prevent damage to the finished sod surface. Watering shall be repeated as necessary to
keep sod moist until rooted to subgrade.
E. The sod shall be pressed firmly into contact with the sod bed using a turf roller or other
approved equipment so as to eliminate air pockets, provide a true and even surface and
insure knitting without any displacement of the sod or deformation of the surfaces of
sodded areas. After the sodding operation has been completed, the edges of the area shall
be smooth and shall conform to the grades indicated.
F. If, in the opinion of the Landscape Architect, top dressing is necessary after rolling, clean
silica sand shall be used to fill voids. Evenly apply sand over the entire surface to be
leveled, filling-in dips and voids and thoroughly washing into the sod areas.
G. On slopes steeper than 2:1 and as required, the sod shall be fastened in place with suitable
wooden pins or by other approved method.
SEEDING
A. Seed shall be installed per the specifications of the State of Florida Department of
Transportation. See plan for type of seed.
TREE GUYING, BRACING AND STAKING
A. Tree guying, staking and bracing shall be the responsibility of the Contractor per sound
nursery practices, and shall be done per details shown on the Plans. For trees, a minimum
of 2 stakes per tree or an optional 3 stakes per tree at 120 degree spacing shall be used.
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Section IV - Technical Specifications
Stakes shall be driven in at an angle, then tightened to vertical supported by approved
plastic or rubber guys. Trees shall be staked with a minimum of 4 feet height of stake
above grade and a minimum of 30 inches of stake below grade.
B. For single trunk palms, a minimum of 3 stakes per palm at 120 degree spacing shall be
used. Toenail the stakes to batten consisting of 5 layers of burlap and 5- 2 inch x 4 inch x
16 inch wood connected with two % inch steel bands. Palms shall be staked with a
minimum of 5 feet of stake above grade.
C. Contractor shall remove all tree guying, staking, and bracing from trees six (6) months
after the date of final acceptance of the landscape work.
D. Stake only trees that require support to maintain a plumb position or are in potentially
hazardous areas.
MULCHING
A. All planting beds shall be weed-free prior to mulching.
B. All curb, roadway, and bed line edges will be "trenched" to help contain the applied
mulch.
C. All plant beds and tree rings shall be mulched evenly with a 3 inch layer (before
compaction) of 100% Grade B recycled cypress bark mulch, or other mulch as specified
on the Plans or General Notes.
D. Mulch shall not be placed against the trunks of plant materials or foundations of
buildings. Maintain a minimum 3 inch clearance for trees and shrub trunks and a
minimum 6 inch clearance for the walls of buildings.
E. For beds of annual flowers, a 12 inch wide x 3 inch deep band of mulch shall be installed
in front of the first row of annuals. Maintain a minimum 6 inches of non-mulched
clearance from the outside edge of annuals.
PRUNING
A. Pruning shall be done by an experienced certified Arborist to maintain the natural shape
and form of the plant.
B. Upon acceptance by the Owner, prune any broken branches, remove crossed branches,
and branches hanging below the clear trunk of the tree.
CLEAN-UP
A. During landscape work, store materials and equipment where directed by the Owner.
B. The Contractor shall promptly remove any materials and equipment used on the job,
keeping the area neat at all times. Upon completion of all planting, dispose of all excess
soil and debris leaving pavements and work areas in safe and orderly condition.
C. The clean-up of the site shall include the removal and proper disposal of the tree guying,
staking, and bracing materials as described in specifications.
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Section IV - Technical Specifications
PROTECTION
A. The Contractor shall provide safeguards for the protection of workmen and others on,
about, or adj acent to the work, as required under the parameters of the Occupational
Safety and Health Administration (O.S.H.A.) standards.
B. The Contractor shall protect the Owner's and adjacent property from damage.
C. the Contractor shall protect the landscape work and materials from damage due to
landscape operations. Maintain protection during installation and maintenance periods.
D. The Contractor shall provide protection (tree barricades) for all existing trees and palms
as specified.
REPAIR OF DAMAGES
E. The Contractor shall repair all damage caused by his operations to other materials,
property, or trades to a level equal in quality to the existing condition prior to damage.
F. The Contractor shall be held responsible for all damage done by his work or employees
to other materials or trades' work. Patching and replacement of damaged work may be
done by others, at the Owner's direction, but the cost of same shall be paid by the
Contractor who is responsible for the damage.
MAINTENANCE
A. The Contractor shall maintain all plant materials in a first class condition from the
beginning of landscape construction until Final Acceptance.
B. Operations:
1. Maintenance shall include, but not be limited to, watering of turf and planting beds,
mowing, fertilizing, cultivation, weeding, pruning, disease and pest control,
replacement of dead materials, straightening, turf or planter settlement corrections,
replacement of rejected materials, staking and guying repair and tightening, wash-out
repairs and regrading, and any other procedures consistent with the good horticultural
practice necessary to insure normal, vigorous and healthy growth of all work under
the Contract. Mowing shall be consistent with the recommended height per the
University of Florida Cooperative Extension Service.
2. Within the warranty period, the Contractor shall notify the Owner of any maintenance
practices being followed or omitted which would be detrimental to the healthy,
vigorous growth of the landscape.
3. The Contractor shall be responsible for the final watering of not less than one inch of
water for all planted materials before leaving the site.
INSPECTION, REJECTION, AND ACCEPTANCE
INSPECTION
A. Upon completion of the installation, the Contractor will notify the Owner or the Owner's
Representative that the job is ready for inspection. Within 15 days of notifications, the
installation will be inspected by the Landscape Architect. A written and/or graphic
inspection report will be sent to the Owner and/or Landscape Contractor.
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Section IV - Technical Specifications
REJECTION AND REPLACEMENT
A. The Landscape Architect shall be final judge as to the suitability and acceptability of any
part of the work. Plant material will be rejected if it does not meet the requirements set
forth in Plans and Specifications.
B. Replace any rejected materials immediately or within 15 days and notify the Landscape
Architect that the correction has been made.
ACCEPTANCE
A. After replacement of rejected plant material (if any) have been made, and completion of
all other correction items, the Owner or Project Representative will accept the project in
writing.
B. Upon Final Acceptance, the Owner assumes responsibility for maintenance within the
terms of the Contract. Acceptance will in no way invalidate the Contractor's warranty
period.
C. The Contractor's warranty period will begin after final acceptance of the project by the
Owner.
1. If evidence exists of any lien or claim arising out of or in connection with default in
performance of this Contract, the Owner shall have the right to retain any payment
sufficient to discharge such claim and all costs in connection with discharging such
claim.
2. Where the Specifications call for any stipulated item or an "approved equivalent", or
in words to that effect, the Contractor shall indicate the price of the type and species
specified in the proposal, giving the price to be added or deducted from his Contract
price. The final selection rests with the Owner or his representative.
3. Where plants installed do not meet specifications, the Owner reserves the right to
request plant replacement or an appropriate deduction from the Contract amount to
compensate for the value not received from the under-specified plant materials. No
additional compensation will be made to the Contractor for plants installed that
exceed specifications.
WARRANTY
A. The Contractor shall warranty all palms and trees furnished under this contract for a
period of one (1) year and all shrubs for a period of six (6) months. Material which is
either dead or in poor health during this period or at completion will be replaced at no
charge to the Owner. Should any of the plant materials show 50% or more defoliation
during the warranty period, due to the Contractor's use of poor quality or improper
materials or workmanship, the Contractor upon notice, shall replace without delay same
with no additional cost to the Owner. Should any plant require replacing, the new plant
shall be given the equal amount of warranty.
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Section IV - Technical Specifications
27. PLANT MIX DRIVEWAYS
New driveways or existing black top driveways that must be broken back in widening the
pavement (remove only enough to allow adequate grade for access to the street) shall be
constructed or replaced in accordance with the specifications for paving the street with the
exception that the base shall be six (6) inches. Use Section 23 G Asphaltic Concrete as specified
for the street paving.
When finished surface of existing drive is gravel, replace ment shall be of like material. Payment
shall be the same as Plant Mix Driveways.
27.1 BASIS OF MEASUREMENT
Measurement shall be the number of square yard of Plant Mix Driveways in place and accepted.
27.2 BASIS OF PAYMENT
Payment shall be the unit price per square yard for Plant Mix Driveways as measured above,
which price shall be full compensation for all work described in this section of the specifications
and shall include all materials, equipment, tools, labor and incidentals necessary to complete the
work.
31. SODDING
Unless otherwise noted herein, the contractor shall place all sod, either shown on the plans or at
the direction of the Engineer, in conformance with Sections 575, 981, 982 and 983 of FDOT's
Standard Specifications (latest edition). The area for sod application shall be loosened and
excavated to a suitable depth and finished to a grade compatible with existing grass and
structures. Sod shall be placed with edges in close contact and shall be compacted to uniform
finished grade with a sod roller immediately after placement. In sloped areas, the sod shall be
graded and placed so as to prohibit erosion and undermining of the adjacent sidewalk. No sod
that has been cut for more than 72 hours can be used unless authorized by the Engineer in
advance. The sod shall be thoroughly watered immediately after placement. The Contractor shall
continue to water sod as needed and/or directed by the Engineer as indicated by sun exposure,
soil, heat and rain conditions, to establish and assure growth, until termination of the contract.
Dead sod, or sod not acceptable to the Engineer, shall be removed and replaced by the Contractor
at no additional compensation. Any questions concerning the type of existing sod shall be
determined by the Engineer.
Unless otherwise noted on the plans, payment for sod (including labor, equipment, materials,
placement, rolling, watering, etc.) shall be included in other bid items. Payment for these
associated bid items may be withheld until the Contractor provides the City a healthy, properly
placed stand of grass. When this work is given as a separate bid item, it shall cover all labor,
equipment and materials, (including water) required for this work and shall be paid for on the
basis of each square foot in place and accepted. No payment for sod shall be made until the
Contractor provides the City a healthy, properly placed stand of grass.
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Section IV - Technical Specifications
32. SEEDING
Seed, or seed and mulch, shall only be used when specified for certain demolition projects. The
seed and/or mulch shall be placed as called for on the plans in the following manner. The area to
be seeded shall be brought to the required line and grade, fertilized and seeded in basic
conformance with the latest edition of FDOT's Standard Specifications Sections 570, 981, 982
and 983. However, no wildflower seed shall be used, and Argentine Bahia Seed shall be used
instead of Pensacola Bahia. No sprigging will be required. Also, the addition of 20 lb. of Rye
Seed (to total 60 lb. of seed per acre) will be required during the stated periods. It is also required
that the Contractor maintain said seed until growth is assured.
When this work is given as a bid item, the item shall cover all labor, material, equipment
(including water), required for this work, and shall be paid for on the basis of each square yard in
place and accepted. If called for on the plans, but not shown as a bid item, then the cost of such
work as stated above shall be included in the cost of other work.
34. MATERIAL USED
All material incorporated into the final work shall be new material unless otherwise approved by
the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all
materials.
35. CONFLICT BETWEEN PLANS AND SPECIFICATIONS
Whenever a conflict appears between the plans and specifications, the more stringent
requirement shall apply. If a conflict is of such a nature as to require a decision, then a written
request for clarification must be made prior to starting that phase of construction.
38. EROSION AND SILTATION CONTROL
STABILIZATION OF DENUDED AREAS
No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise
authorized by the City Engineer. During construction, denuded areas shall be covered by
mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent
vegetation. Within sixty (60) calendar days after final grade is established on any portion of a
project site, that portion of the site shall be provided with established permanent soil stabilization
measures per the original site plan, whether by impervious surface or landscaping.
PROTECTION AND STABILIZATION OF SOIL STOCKPILES
Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent
erosion of the stockpiled material. Control of dust from such stockpiles may be required,
depending upon their location and the expected length of time the stockpiles will be present. In
no case shall an unstabilized stockpile remain after thirty (30) calendar days.
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Section IV - Technical Specifications
PROTECTION OF EXISTING STORM SEWER SYSTEMS
During construction, all storm sewer inlets in the vicinity of the project shall be protected by
sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and
modified as required by construction progress, and which must be approved by the City Engineer
before installation.
SEDIMENT TRAPPING MEASURES
Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative
buffers and other measures intended to trap sediment and/or prevent the transport of sediment
onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the
case of vegetative buffers, protected [rom disturbance, as a first step in the land alteration
process. Such systems shall be fully operative and inspected by the City before any other
disturbance of the site begins. Earthen structures including but not limited to berms, earth filters,
dams or dikes shall be stabilized and protected from drainage damage or erosion within one
week of installation.
SEDIMENTATION BASINS
Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive
remedy against downstream siltation and will be shown and detailed on construction plans.
During development, permanent detention areas may be used in place of silt basins, provided
they are maintained to the satisfaction of the City.
The Contractor will be required to prohibit discharge of silt through the outfall structure during
construction of any detention area and will be required to clean out the detention area before
installing any permanent subdrain pipe. In addition, permanent detention areas must be totally
cleaned out and operating properly at final inspection and at the end of the one year warranty
period. When temporary sedimentation basins are used, they shall be capable at all times of
containing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area
tributary to the basin. Such capacity shall be maintained throughout the project by regular
removal of sediment from the basin.
WORKING IN OR CROSSING WATERWAYS OR WATERBODIES
Land alteration and construction shall be minimized in both permanent and intermittent
waterways and the immediately adjacent buffer of25 feet from top of bank of the waterways and
the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel
work cannot be avoided, precautions must be taken to stabilize the work area during land
alteration, development and/or construction to minimize erosion. If the channel and buffer area
are disturbed during land alteration, they must be stabilized within three (3) calendar days after
the in channel work is completed.
Silt curtains or other filter/siltation reduction devices must be installed on the downstream side of
the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream
crossings are required, properly sized temporary culverts shall be provided by the contractor and
removed when construction is completed. The area of the crossing shall be restored to a
condition as nearly as possible equal to that which existed prior to any construction activity.
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Section IV - Technical Specifications
SWALES, DITCHES AND CHANNELS
All swales, ditches and channels leading from the site shall be sodded within three (3) days of
excavation. All other interior swales, etc., including detention areas will be sodded prior to
issuance of a Certificate of Occupancy.
UNDERGROUND UTILITY CONSTRUCTION
The construction of underground utility lines and other structures shall be done in accordance
. with the following standards:
a. No more than 400 lineal feet oftrench shall be open at anyone time;
b. Wherever consistent with safety and space consideration, excavated material shall be cast
to the uphill side of trenches. Trench material shall not be cast into or onto the slope of
any stream, channel, road ditch or waterway.
MAINTENANCE
All erosion and siltation control devices shall be checked regularly, especially after each rainfall
and will be cleaned out and/or repaired as required.
COMPLIANCE
Failure to comply with the aforementioned requirements may result in a fine and/or more
stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order".
City of Clearwater Standard Detail Drawings No. 601 607 are examples of accepted methods that
may be used or required to control erosion and siltation.
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Section IV - Technical Specifications
City of Clearwater - Erosion Control
This notice is to inform the prime contractor that the City of Clearwater holds them responsible
for soil erosion control on their site.
The City of Clearwater Public Works Department has the responsibility to minimize the amount
of soil erosion into the City's streets, storm sewers and waterways.
The construction of a new residence or commercial site and major remodeling of an existing site
creates a potential for soil erosion. These instances are usually the result of contractors and
subcontractors accessing the property with equipment or construction materials. Then rain storms
redistribute the eroded soil into the adjacent streets, storm systems and waterways.
When erosion takes place, a Planning & Development Services Inspector or a Public Works
Inspector will place a correction notice at the site. The procedure will be as follows:
1st occurrence Warning
2nd occurrence $32 reinspection fee
3rd occurrence $80 reinspection fee
4th occurrence Stop work order
Dependent on the severity of the erosion, the City's Public Works Administration Department
may elect to rectify the erosion problem and charge the contractor accordingly.
The attached drawings and details are recommendations for the contractor to use as means to
support the site from eroding. The contractor may elect to shovel and sweep the street daily or on
an as needed basis. However, erosion must be held in check.
If the contractor would like to meet with a Public Works inspector on any particular site, please
contact Construction at 462-6126 or Planning & Development Services at 562-4741.
Erosion Control Required - City of Clearwater's Code of Ordinances requires erosion control on
all land development projects.
Erosion control must be in place and maintained throughout the job. Failure to do so may result
in additional costs and time delays to the permit holder.
Contact Public Works Administration with specific questions at 562-4750.
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Section IV - Technical Specifications
39. UTILITY TIE IN LOCATION MARKING
The tie in locations for utility laterals of water, sanitary sewer, and gas shall be plainly marked on the
back of the curb. Marking placed on the curb shall be perpendicular with respect to the curb of the tie in
location on the utility lateral. Marks shall not be placed on the curb where laterals cross diagonally under
the curb. The tie in location shall be the end of the utility lateral prior to service connection.
Markings shall be uniform in size and shape and colors in conformance with the code adopted by the
American Public Works Association as follows:
SAFETY RED Electric power, distribution & transmission
Municipal Electric Systems
HIGH VISIBILITY SAFETY YELLOW Gas Distribution and Transmission
Oil Distribution and Transmission
Dangerous Materials, Produce Lines, Steam Lines
SAFETY ALERT ORANGE Telephone and Telegraph Systems
Police and Fire Communications
Cable Television
SAFETY PRECAUTION BLUE Water Systems Slurry Pipe Lines
SAFETY GREEN Sewer Systems
Marks placed on curbs shall be rectangular in shape and placed with the long dimension perpendicular to
the flow line of the curb. Marks placed on valley gutter and modified curb shall be 6" x 3" and placed at
the back of the curb. Marks placed on State Road and vertical curb shall be 4" X 2" and be placed on the
curb face.
40. AWARD OF CONTRACT. WORK SCHEDULE AND GUARANTEE
It will be required that the work will commence not later than five (5) calendar days after the Engineer
gives written notice to proceed, which notice shall be given as outlined in Article 2 - General
Conditions.
It is further required that all work within this contract be completed within ~ consecutive calendar
days. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the
work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day,
for each day that the contract remains incomplete. The work shall be discontinued on Saturdays,
Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on
Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the
Assistant Public Services Director, will require the presence of Inspectors, the Contractor shall pay the
City of Clearwater, Florida, the amount of Three Hundred Twenty Dollars ($320.00) per eight-hour day
for each Inspector given such assignment.
The Contractor shall remedy any defects in the work at his own expense and pay for any damage to
other work resulting therefrom which appear within a period of one year from the date of final
acceptance.
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Materials, equipment and supplies furnished and permanently incorporated into the project shall be of I
first quality in every respect and shall be constructed and finished to high standards of workmanship.
Materials shall be suitable for service intended, shall reflect modem design and engineering and shall be
fabricated in a first class workmanlike manner. All materials, equipment and supplies shall be new and I
shall have not been in service at any time previous to installation, except as required in tests or incident
to installation. Machined metal surfaces, exposed bearings and glands shall be protected against grit, I
dirt, chemical corrosion and other damaging effects during shipment and construction.
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Section IV - Technical Specifications
41.
WATER MAINS AND APPURTENANCES
41.1 SCOPE
The Contractor shall furnish all plant, labor, materials and equipment to perform all operations in
connection with the construction of water mains and appurtenances including clearing, excavation,
trenching, backfilling and clean up.
41.2 MATERIALS
GENERAL
PIPE MATERIALS AND FITTINGS
DUCTILE IRON PIPE
Ductile Iron Pipe shall be in accordance with ANSI!AWWA C151/A21.51 81 or latest revision. Pipe
thickness class, wall thickness and working pressure shall conform to the following table:
Size Class Thickness Rated Water Working Pressure
(In.) (PSI)
4" 51 0.26 350
6" 50 0.25 350
8" 50 0.27 350
12" 50 0.31 350
The trench laying condition shall be Type 2, Flat bottom trench backfill lightly consolidated to centerline
of pipe.
Pipe shall be manufactured in accordance with ANSI! A WWA C 151/ A21.51 81 or latest revision.
Pipe shall be asphalt coated on the outside and standard cement lined and sealed coated with approved
bituminous seal coat in accordance with ANSI! A WW A C 1 04/ A21A 80 or latest revision.
POLYVINYL CHLORIDE (PVC) PIPE
Polyvinyl Chloride (PVC) Pipe 4" through 8" shall be in accordance withANSI!AWWA C900 81 or
latest revision and the American Society for Testing Materials (ASTM) Standard D 2241 and PVC Resin
Compound conforming to ASTM Specification D 1784.
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Section IV - Technical Specifications
Polyvinyl Chloride Pipe shall have the same O.D. as Cast and Ductile Iron Pipe and be compatible for
use without special adapters with Cast Iron Fittings.
Pipe dimension ratio, working pressure and laying length shall conform to the following table:
Size Dimension Ratio Rated Water Working Pressure Laying Length
(ODlThick.) (PSI) (Ft)
4 18 150 20
6 18 150 20
8 18 150 20
Pipe larger than 8" shall be ductile iron. The City Engineer reserves the right to require the use of ductile
iron in sizes 4" through 8" when needed due to laying conditions or usage.
The bell of 4" and larger PVC pipe shall consist of an integral wall section with a solid cross section
elastomeric ring which meets the requirements of ASTM D 1869.
Each length of pipe shall bear identification that will remain legible during normal handling, storage and
installation and so designate the testing agency that verified the suitability of the pipe material for
potable water service.
All polyvinyl chloride pipe shall be laid with an insulated 12 gauge A.W.G solid strand copper wire
wound around the pipe forming one complete spiral per joint of pipe. This wire is to be continuous with
splices made only by methods approved by the Engineer. This wire is to be secured to all valves, tees
and elbows.
FITTINGS AND JOINTS
Fitting from 4" through 16" in size will be compact ductile iron cast in accordance with ANSIIAWWA
C153/A 21.53 with mechanical joint bells. Bolts, nuts and gaskets shall be in accordance with
requirements of ANSIIAWWA C153/A 21.53. The working pressure rating shall be 350 P.S.I. Ductile
iron fittings shall be coated and lined in accordance with require requirements of ANSII A WW A
C104/A21.4. Mechanical joint glands shall be ductile iron in accordance with ANSIIAWWA Cll1/A
21.11. When reference is made to ANSIIAWWA Standards, the latest revisions apply. Only those fittings
and accessories that are of domestic (USA) manufacture will be acceptable.
RESTRAINT
Restraint of plugs, caps, tees, bends, etc., shall be accomplished by the use of approved mechanical
restraining rings or glands installed per manufacturers recommendations. Hydrants shall be restrained by
the use of swivel connecting joints. Restraining mechanical joint glands on hydrants shall be used only
where hydrant runout length precludes the use of swivel joint connectors.
PIPE WITHIN CASING
All pipe placed within casings shall be slip joint ductile iron restrained by the use of restraining gaskets
designed for use with the particular joint being installed.
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Section IV - Technical Specifications
GATE VALVES
Discs of valves shall be operated by methods which will allow operation in any position with respect to
the vertical. Valves for interior piping or exposed above grade outside structures, shall be handwheel
operated. Valves three inches and larger, buried in earth shall be equipped with 2 inch square operating
nuts, valve boxes and covers. Valves shall be fitted with joints suitable for the pipe with which they are
to be used. The direction of opening for all valves shall be to the left (counter clockwise).
Pressure Rating: Unless otherwise shown or specified, valves for high pressure service shall be rated at
not less than 150 psi cold water, nonshock.
The manufacturer's name and pressure rating shall be cast in raised letters on the valve body.
Installation: Installation shall be in accordance with good standard practice. Exposed pipelines shall be
so supported that their weight is not carried through valves.
Smaller than two inch: Gate valves less than two inches in diameter shall be of brass and shall conform
to Federal Specification WW V 54, Type 1 or 11 with screwed joints. Valves for interior piping shall be
Type 11, wedge disc, rising stem, inside screw type.
Valves for buried service shall be Type 1, wedge disc, nonrising stem.
Four Inch to Sixteen Inch Diameter: Gate Valves, 4 to 16 inch diameter, inclusive, shall be resilient
seated gate valves in conformance with ANSI/A. W. W.A. Standard Specification C509 80 or latest
revision. These valves shall include the following features consistent with C509-80, full opening
unobstructed waterway, zero leakage at 200 p.s.i. differential pressure, all internal parts removable from
bonnet without removing body from pressure main, corrosion resistent bronze nonrising stem with 0
ring bonnet seal and internal cast iron parts coated with corrosion resistent coating.
Larger than sixteen inch: Gate valves larger than 16" shall be suitable for the service intended and shall
be iron body, bronze mounted, double disc type with 0 ring seals. All valves shall be equipped with steel
cut bevel gears, extended type gear case and rollers, bronze or babbitt tracks and scrapers and valved by
pass.
VALVE BOXES
Valve boxes shall be of standard extension design and manufacture and shall be made of cast iron.
Suitable sizes of valve boxes and extension pieces shall be provided where shown. The valve box cover
shall be of cast iron. Valve boxes and their installation shall be included in the bid price for valves.
HYDRANTS
Fire hydrants used in extension to or replacement of the City of Clearwater water system shall be the
following hydrants:
· Kennedy Guardian #K 8lD Fire Hydrant,
· Mueller Centurion Fire Hydrant Catalog Number A423
. U.S. Pipe Metropolitan
No substitutions shall be allowed without the approval of the City of Clem water.
Above fire hydrants shall be in accordance with the latest revision of the AWWA Specification C 502
and include the following modifications:
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Section IV - Technical Specifications
1. Basic design will be the dry barrel type which prevents the operating threads from coming in
contact with the service water. It will be of the compression type, opening against the pressure
and closing with the pressure.
2. The operating threads will be contained in an operating chamber sealed at the top and bottom
with an "0" ring seal. The chamber will contain a lubricating grease or oil.
3. Hydrant barrel will be of the "Breakable Type" made in two sections with the flange or break
feature located approximately 2" above the ground line.
4. Main valve opening of the hydrant will be not less than 5 1/4".
5. Hydrant nozzles will consist of two 2 1/2" hose nozzles and one 4 1/2" pump nozzle. Threads
shall be in accordance with the National Standard Hose Coupling Thread Specifications.
6. The hydrant will be so designed to permit the removal of all working parts from the hydrant up
through the barrel without disturbing the earth around the hydrant or disassembling the barrel.
7. Main valve seat will be made of bronze and threaded into a bronze retaining ring. Or it may be
threaded into a heavy bronze bushing in the hydrant base.
8. Hydrant will be designed with an anti friction bearing so located that it will reduce the torque
required to operate the hydrant.
9. There will be a minimum of two bronze or brass drain outlets.
10. Hydrants shall be painted with one coat of primer and one coat of yellow paint at the factory and
one finish coat of yellow paint after installation. All paints shall comply with AWWA Standard
C502-85 or its latest revision.
11. The main valve stem will be made in two sections with a breakable coupling.
12. Hydrants shall be left open (counter clockwise) and shall have a National Standard I 1/2"
pentagon operating nut.
13. Hydrant base outlet will be 6" and will be mechanical joint with fittings.
All hydrants will be shop tested in accordance with the latest A WW A Specification C 502.
Constrained joint assemblies shall be used which have bolted mechanical and swivel joints from the
hydrant tee through to the hydrant. Constrained joints shall absorb all thrust and prevent movement of
the hydrant.
All fire hydrants shall be provided with an auxiliary gate valve so that the water to the hydrant may be
shut off without the necessity of closing any other valve in the distribution system.
SERVICE SADDLES
Service saddles shall be used on all service taps to 4" P.V.C. water main. The largest service connection
allowable on 4" main shall be 1 1/2". Service saddles shall be used on all 2" service connections to 6"
and larger mains. Service saddles shall be wide bodied ductile iron with epoxy or nylon coating and
shall have stainless steel straps.
TESTS, INSPECTION AND REPAIRS
1. All materials shall be tested in accordance with the applicable Federal, ASTM or AWWA
Specification and basis ofrejection shall be as specified therein. Certified copies of the tests shall
be submitted with each shipment of materials.
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Section IV - Technical Specifications
2. All materials will be subject to inspection and approved by the Engineer after delivery; and no
broken, cracked, misshapen, imperfectly coated or otherwise damaged or unsatisfactory material
shall be used.
3. All material found during the progress of the work to have cracks, flaws, or other defects shall be
rejected and promptly removed from the site.
4. If damage occurs to any pipe, fittings, valves, hydrants or water main accessories in handling, the
damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe
corrective repairs or rejection ofthe damaged items.
BACKFLOW PREVENTERS
Backflow prevention devices installed on customer's service lines at the point of delivery (service
connection) shall be of a type in accordance with AWWA specification C506 78 or its latest revision.
Two (2) different types of backflow prevention devices are allowed. Type of device, when required, is
determined by the degree of hazard presented to the municipal water system from possible backflow of
water within the customers private system. The types of devices allowed are:
1. Double Check Valve Assembly a device composed of two single, independently acting, approved
check valves, including tightly closing shutoff valves located at each end of the assembly and
suitable connections for testing the watertightness of each check valve.
2. Reduced pressure principle backflow prevention device a device containing a minimum of two
independently acting, approved check valves, together with an automatically operated pressure
differential relief valve located between the two check valves. The unit must include tightly
closing shutoff valves located at each end of the device, and each device shall be fitted with
properly located test cocks.
Since installed devices must be tested annually and may be maintained by the City of Clearwater,
following are the approved models of devices allowed for installation by customers of the City of
Clearwater Water Distribution system:
DOUBLE CHECK VALVE
2" and Smaller Laroer than 2"
Conbraco 40100 Conbraco 40100
Hersey Beeco Model FDC Hersey Beeco No.2
Watts Model 709 or 007 Watts Model 709 or 007
FEBCO Model 805Y
Ames 2000 SS
REDUCED PRESSURE TYPE
2" and Smaller Larp'er than 2"
Ames 5000 SS
Conbraco 40200 Conbraco 40200
Hersey Beeco Model FRP II Hersey Beeco Model 6CM
FEBCO Model 825Y
Watts Model 909 or 009 Watts Model 909 or 009
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Section IV - Technical Specifications
TAPPING SLEEVES
Steel body tapping sleeves shall be JCM Industries Inc., JCM 412; Clow Corporation 3460; or equal. All
steel body tapping sleeves shall have heavy welded ASTM A 285, Grade C steel body, stainless steel
bolts, manufacturer's epoxy coated body, and 3/4" bronze test plug.
BLOW OFF HYDRANTS
Blow offs shall be box hydrants having a 2" main valve, closing with the water pressure. These flush
mounted hydrants shall have a 2" FIP inlet, with the outlet being a 2 1/2" bronze male nozzle. With all
working parts also of bronze, these hydrants will open to the left and have a removable bronze seat,
which seals against a seat rubber of no less durometer than 85. All hydrants shall be as manufactured by
Kupferle Foundry, St. Louis, Mo., Model #35B or approved equal.
CONSTRUCTION
MATERIAL HANDLING
1. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists
or skidding so as to avoid shock or damage. Under no circumstances shall such materials be
dropped. Pipe handled on skidways shall not be skidded rolled against pipe already on the
ground.
2. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of
the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a
manner satisfactory to the Engineer.
3. In distributing the material at the site of the work, each piece shall be unloaded opposite or near
the place where it is to be laid in the trench.
PIPE LAYING
ALIGNMENT AND GRADE
The pipe shall be laid and maintained to the required lines and grades with fittings, valves and hydrants
at the required locations, spigots centered in bells; and all valves and hydrant stems plumb.
The depth of cover over the water main shall be a minimum of 30" and a maximum of 42" below
finished grade, except where approved by the Engineer to avoid conflicts and obstructions.
Whenever obstructions not shown on the plans are encountered during the progress of the work and
interfere to such an extent that an alteration of the plans is required, the Engineer shall have the authority
to change the plans and order a deviation from the line and grade or arrange with the Owners of the
structures for the removal, relocation, or reconstruction of the obstructions.
INSTALLATION
Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the
Contractor for the safe and convenient performance of the work. All pipe, fittings, valves and hydrants
shall be carefully lowered into the trench piece by piece by means of a derrick, ropes, or other suitable
tools or equipment in such a manner as to prevent damage to materials and protective coatings and
linings. Under no circumstances shall materials be dropped or dumped in the trench.
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Every precaution shall be taken to prevent foreign material from entering the pipe while it is being
placed in the line. If the pipelaying crew cannot put the pipe into the trench and in place without getting
earth into it, the Engineer may require that, before lowering the pipe into the trench, a heavy, woven
canvas bag of suitable size shall be placed over each end and left there until the connection is to be made
to the adjacent pipe. During laying operation, no debris, tools, clothing or other materials shall be placed
in the pipe.
As each length of pipe is placed in the trench, the spigot end shall be centered in the bell and the pipe
forced home and brought to correct line and grade. The pipe shall be secured in place with approved
backfill material tamped under it except at the bells. Precautions shall be taken to prevent dirt from
entering the joint space.
I
If damage occurs to any pipe, fittings, valves, hydrants or accessories in handling, the damage shall be I
immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or
rejection of the damaged items. I
All pipe and fittings shall be carefully examined for cracks and other defects while suspended above the
trench immediately before installation in final position. Spigot ends shall be examined with particular I'
care as this area is the most vulnerable to damage from handling. Defective pipe or fittings shall be laid
aside for inspection by the Engineer who will prescribe corrective repairs or rejection.
All lumps, blisters, and excess coating shall be removed from the bell and spigot end of each pipe, and I'
the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry and
free from oil and grease before the pipe is laid. Pipe joints shall be made up in accordance with the
manufacturer's recommendations.,
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Section IV - Technical Specifications
At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug
or other means approved by the Engineer.
The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and
workmanlike manner without damage to the pipe or cement lining and so as to leave a smooth end at
right angles to the axis of the pipe.
Pipe shall be laid with bell ends facing in the direction of laying unless directed otherwise by the
Engineer. Where pipe is laid on the grade of 10 per cent or greater, the laying shall start at bottom and
shall proceed upward with the bell ends of the pipe upgrade.
Wherever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane to
avoid obstructions or to plumb stems; or where long radius curves are permitted, the amount of
deflection allowed shall not exceed that allowed under the latest edition of ANSI/AWWA C600-82 and
C900 81 or latest revisions.
No pipe shall be laid when, in the opinion ofthe Engineer, trench conditions are unsuitable.
SETTING OF VALVES, HYDRANTS AND FITTINGS
GENERAL
Valves, hydrants, fittings, plugs and caps shall be set and joined to pipe in the manner specified above
for installation of pipe.
VALVES
Valves in water mains shall, where possible, be located on the street property lines extended unless
shown otherwise on the plans.
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Section IV - Technical Specifications
The valve box shall not transmit shock or stress to the valve and shall be centered and plumb over the
wrench nut of the valve, with the box cover flush with the surface ofthe finished pavement or such other
level as may be directed.
HYDRANTS
Hydrants shall be located as shown or as directed so as to provide complete accessibility and minimize
the possibility of damage from vehicles or injury to pedestrians.
All hydrants shall stand plumb and shall have their nozzles parallel with, or at right angles to, the curb,
with the pumper nozzle facing the curb. Hydrants shall be set to the established grade, with nozzles as
shown or as directed by the Engineer.
Each hydrant shall be connected to the main with a 6 inch ductile iron branch controlled by an
independent 6 inch gate valve.
ANCHORAGE
Movement of all plugs, caps, tees, bends, etc., unless otherwise specified shall be prevented by attaching
approved mechanical restraining rings or glands and installed per manufacturers recommendations.
Hydrants shall be held in place with restrained swivel joints. Restraining mechanical joint glands on
hydrants may be used where hydrant runout length precludes the use of hydrant connecting swivel
joints.
Where special anchorage is required, such anchorage shall be in accordance with details shown on the
plans or specified in the field by the Engineer.
CONNECTIONS TO EXISTING LINES
Where shown on the plans or directed by the Engineer, the water lines constructed under this contract
shall be connected to the existing lines now in place. No such connection shall be made until all
requirements of the specifications as to tests, flushing, and sterilization have been met and the plan of
the cut in to the existing line has been approved by the Engineer.
Where connections are made between new work and existing work, the connections shall be made in a
thorough and workmanlike manner using proper materials and fittings to suit the actual conditions. All
connections to existing facilities will be completed under the supervision of the City of Clearwater
Water Division.
TESTS
HYDROSTATIC TESTS
After installation of water mains, complete with all associated appurtenances including service taps, all
sections of newly laid main shall be subject to a hydrostatic pressure test of 150 pounds per square inch
for a period of one hour.
The pressure test shall be applied by means of a pump connected to the pipe in a manner satisfactory to
the Engineer. The pump, pipe connection and all necessary apparatus, together with operating personnel,
shall be furnished by the Contractor at his expense.
The Contractor shall make all necessary taps into the pipe line. The Owner will furnish the water for the
test. Before applying the test pressure, all air shall be expelled from the pipe line.
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Section IV - Technical Specifications
NOTICE OF TEST
The Contractor shall give the City of Clearwater Water Division 48 hours advance notice of the time
when the installation is ready for hydrostatic testing.
STERILIZATION
Before the system is put into operation, all water mains and appurtenances and any item of new
construction with which the water comes in contact, shall be thoroughly sterilized.
STERILIZING AGENT
The sterilizing agent shall be liquid chlorine, sodium hypochlorite solution conforming to Federal
Specification 0 S 602B, Grade D, or dry hypochlorite, commonly known as "HTH" or "Perchloron".
FLUSHING SYSTEM
Prior to the application of the sterilization agent, all mains shall be thoroughly flushed. Flushing shall
continue until a clean, clear water flows from the hydrants. ,Where hydrants are not available for
flushin.g, such flushing shall be accomplished at the closest point available to the ends of the lines.
STERILIZATION PROCEDURE
All piping, valves, fittings and all other appurtenances shall be sterilized with water containing a
minimum chlorine concentration of75 ppm at any point in the system. This solution shall then remain in
the distribution system for a minimum contact period of eight hours before it is flushed out. All valves in
the lines being sterilized shall be opened and closed several times during the contact period.
RESIDUAL CHLORINE TESTS
After the sterilization outlined above has been accomplished, flushing shall continue until free residual
chlorine tests not less than 0.2 ppm nor more than 3.0 ppm. Residual chlorine test shall be in accordance
with standard methods using a standard DPD test set.
BACTERIAL TESTS
After the water system has been sterilized and thoroughly flushed as specified herein, City of Clearwater
Water Division personnel shall take samples of water from remote points of the distribution system in
suitable sterilized containers. The City shall forward the 'samples to the Florida State Board of Health for
bacterial examination. If tests of such samples indicate the presence of coliform organisms, the
sterilization as outlined above shall be repeated until tests indicate the absence of such pollution. The
bacterial tests shall be satisfactorily completed before the system is placed in operation and it shall be
the Contractor's responsibility to perform the sterilization as outlined above.
If methods of sterilization differ materially from those outlined above, such methods shall be in
accordance with directives of the Florida State Board of Health and all methods employed shall have the
approval of that agency. Definite instructions as to the collection and shipment of samples shall be
secured from the Florida State Board of Health prior to sterilization and shall be followed in all respects.
The City of Clearwater shall secure final approval of the bacterial samples from the Florida State Board
of Health before the water distribution system is put into operation.
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Section IV - Technical Specifications
MEASUREMENT AND PAYMENT
GENERAL
1. Bids must include all sections and items as specified herein and as listed on the Bid Form.
2. Payment for the work of constructing the project will be made at the unit price or lump sum
payment for the items of work as set forth in the Bid, which payment will constitute full
compensation for all labor, equipment, and materials required to complete the work.
3. No separate payment will be made for the following items and the cost of such work shall be
included in the applicable pay items of work:
a) Clearing and grubbing
b) Excavation, including necessary pavement removal
c) Shoring and/or dewatering
d) Structural fill
e) Backfill
f) Grading
g) Tracer wire
h) Refill materials
i) Joints materials
j) Tests and sterilization
k) Appurtenant work as required for a complete and operable system.
FURNISH AND INSTALL WATER MAINS
MEASUREMENT
The quantity for payment shall be the actual number of feet of pipe of each size and type satisfactorily
furnished and laid, as measured along the centerline of the completed pipe line, including the length of
valves and fittings.
PAYMENT
Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials
and equipment, and constructing the water mains complete and ready for operation.
FURNISH AND INSTALL FITTINGS
MEASUREMENT
The quantity for payment will be the number of tons, or decimal part thereof, of ductile iron fittings
satisfactorily furnished and installed. Fitting weights shall be based on weights stamped on the body of
the fitting, provided such weights do not exceed the theoretical weights by more than the tolerances
permitted in ANSI/AWWA CllO/A 21.10 82, latest revision, in which case, the weight will be based
upon the theoretical weight plus the maximum tolerance.
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The quantity for payment shall be the number of gate valves of each size satisfactorily furnished and
installed.
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Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials, I.
and equipment required to furnish and install ductile iron fittings.
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Section IV - Technical Specifications
PAYMENT
FURNISH AND INSTALL GATE VALVES COMPLETE WITH BOXES AND COVERS
MEASUREMENT
PAYMENT
Payment of the applicable unit price for each size shall be full compensation for furnishing all plant,
labor, material and equipment and installing the valve complete with box and cover.
FURNISH AND INSTALL FIRE HYDRANTS
MEASUREMENT
The quantity for payment shall be the number of fire hydrants satisfactorily furnished and installed.
PAYMENT
Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, material
and equipment and installing the fire hydrant complete including necessary thrust anchorage, 6 inch pipe
between the main and the hydrant and gate valve and valve box on the hydrant lead.
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Section IV - Technical Specifications
44. WORK ZONE TRAFFIC CONTROL
CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL
The Contractor shall be responsible to furnish, operate, maintain and remove all work zone traffic
control associated with the Project, including detours, advance warnings, channelization, hazard
warnings and any other necessary features, both at the immediate work site and as may be necessary at
outlying points.
WORK ZONE TRAFFIC CONTROL PLAN
The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of
performance outlined in the Scope of the Work and/or as may be required by construction permits issued
by Pinellas County and/or the Florida Department of Transportation for the Project, incorporating the
methods and criteria contained in Part VI, Standards and Guides for Traffic Controls for Street and
Highway Construction, Maintenance, Utility and Incident Management Operations in the Manual on
Uniform Traffic Control Devices published by the U.S. Department of Transportation and adopted as
amended by the Florida Department of Transportation, or most recent addition.
WORK ZONE SAFETY
The general objectives of a program of work zone safety is to protect workers, pedestrians, bicyclists
and motorists during construction and maintenance operations. This general objective may be achieved
by meeting the following specific objectives:
. Provide adequate advance warning and information regarding upcoming work zones.
. Provide the driver clear directions to understanding the situation he will be facing as he proceeds
through or around the work zone.
. Reduce the consequences of an out of control vehicle.
. Provide safe access and storage for equipment and material.
. Promote speedy completion ofprojects (including thorough cleanup of the site).
. Promote use of the appropriate traffic control and protection devices.
. Provide safe passageways for pedestrians through, in, and/or around construction or maintenance
work zones.
The 2004 Design Standards (DS), Index 600
"When an existing pedestrian way or bicycle way is located within a traffic control work zone,
accommodation must be maintained and provision for the disabled must be provided. Only approved
temporary traffic control devices may be used to delineate a temporary traffic control zone pedestrian
walkway. Advanced notification of sidewalk closures and detours marked shall be provided by
appropriate signs".
2004 Standard Specifications for Road and Bridge Construction
102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum standards
for the use in the development of all traffic control plans
ROADWAY CLOSURE GUIDELINES
Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local
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ALL ROADWAYS
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Following are typical requirements to be accomplished prior to closure. The number of requirements I
increase with traffic volume and the importance of access. Road closures affecting business or sole
access routes will increase in process requirements as appropriate. For all but local streets, no road or ,I
lane closures are allowed during the Christmas holiday season and the designated "Spring Break" season
with prior approval by the City Engineer.
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Section IV - Technical Specifications
Obtain permits for Pinellas County and Florida Department of Transportation roadways.
Traffic control devises conform to national and state standards.
PUBLIC NOTIFICATION
Standard property owner notification prior to start of construction for properties directly affected by the
construction process.
MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS
Consult with City Traffic staff for preliminary traffic control options.
Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary.
PUBLIC NOTIFICATION
Message Board Display, Minimum of 7 -day notice period prior to road closure and maybe longer for
larger highway. The message board is to be provided by the Contractor.
MAJOR ARTERIALS, MINOR ARTERIALS
PUBLIC NOTIFICATION
C- View Release
MAJOR ARTERIALS
PUBLIC NOTIFICATION
News Release
The Message Board may need to be displayed for a period longer than 7 days.
APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN
The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a
specification of the work, to confer in advance of beginning any work on the Project, with the Office of
the Traffic Engineer, Municipal Services Building, 100 South Myrtle Avenue, telephone 562-4772, for
the purpose of approval of the Contractor's proposed detailed traffic control plan.
INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION
The Office of the Traffic Engineer may inspect and monitor the traffic control plan and traffic control
devices of the Contractor. The City's Construction Inspector assigned to the project, may make known
requirements for any alterations or adjustments to the traffic control devices. The Contractor shall take
direction from the Project Engineer orProject Inspector.
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Section IV - Technical Specifications
PAYMENT FOR WORK ZONE TRAFFIC CONTROL
Payment for work zone traffic control is a non-specific pay item to be included in the construction costs
associated with other specific pay items unless specifically stated otherwise in the Scope of Work in
these Technical Specifications and a bid item(s) is included for Work Zone Traffic Control in the
proposal form.
CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR
The City may require that the Supervisor or Foreman controlling the work for the Contractor on the
Project have a current International Municipal Signal Association, Work Zone Traffic Control Safety
Certification or Worksite Traffic Supervisor Certification from the American Traffic Safety Association
with additional current Certification from the Florida Department of Transportation. This requirement
for Certification will be noted in the Scope of Work and/or sections of these Technical Specifications.
When the certified supervisor is required for the Project, the supervisor will be on the Project site at all
times while work is being conducted.
The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the
project on a day-to-day basis as well as being involved in all changes to traffic control. The Worksite
Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control
and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine
deficiencies are corrected within a 24-hour period.
The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an
emergency situation, prepared to positively respond to repair the work zone traffic control or to provide
alternate traffic arrangements.
Failure of the Worksite Traffic Supervisor to comply with the provisions of this Sub article may be
grounds for decertification or removal from the project or both. Failure to maintain a designated
Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary
suspension of all activities except traffic and erosion control and such other activities deemed to be
necessary for proj ect maintenance and safety.
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Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended
locations or various locations. Payment to Contractor for the preparation, installation and management
of proj ect sign( s) shall be lump sum for the entire proj ect. The number of and type of signs will be stated
in the Scope of the Work section of the contract documents. Lump sum item will be included in the bid
proposal for signs. The particular wording to be used on the signs will be determined after contract
award has been approved. Contractor will be provided the wording to be used on sign at the
preconstruction conference.
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The City desires to inform the general public on the City's use and expenditure of public funding for I
general capital improvement and maintenance projects. To help accomplish this purpose, the Contractor
is required to prepare and display public project information signs during the full course of the contract I,
period. These signs will be displayed at alllocation(s) of active work.
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Section IV - Technical Specifications
50.
PROJECT INFORMATION SIGNS
SCOPE AND PURPOSE
TYPE OF PROJECT SIGN, FIXED OR PORTABLE
FIXED SIGN
Fixed sign shall be 4' by 8' in size and painted on a sheet of exterior grade plywood of the same size and
a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure treated 4" by 4"
below grade pressure treated wooden posts and braced as necessary for high winds. Posts shall be long
enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24" above the
ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered
for approval. Sign shall be painted white on both sides with exterior rated paint.
PORTABLE SIGNS
Portable sign shall be a minimum of 24" by 30" in size and will be attached to a standard sized portable
traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of white reflective
sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached
to each side of the traffic barricade.
SIGN COLORING
Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall
be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself.
SIGN PLACEMENT
Signs shall be placed where they are readily visible by the general public which pass by the project site.
Signs are not to be placed where they may become a hazard or impediment to either pedestrian or
vehicular traffic. For construction projects outside of the City's right-of-way, the signs will be placed on
the project site. For projects constructed inside of the City's right-of-way, the signs will be placed in the
right-of-way. Portable signs are to be moved to the locations of active work on the project. Multiple
portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs
are to be placed at the start of construction and will remain in place until the request for final payment.
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Section IV - Technical Specifications
SIGN MAINTENANCE
The Contractor is responsible for preparation, installation, movement, maintenance, replacement,
removal and disposal of all project signs during the full course of the contract period. The Contractor
will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as
necessary to maintain legibility and immediately replaced if defaced.
TYPICAL PROJECT SIGN
PROJECT NAME
A CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT
FUNDING:
CONTRACTOR:
CONSTRUCTION COMPLETION:
CITY PROJECT MANAGER: PHONE
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Resident notification by the Contractor is a non-specific pay item to be included in the bid items
provided in the contract proposal.
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The Contractor shall notify all residents along the construction route with a printed door hanger notice
indicating the following information about the proposed construction work and the Contractor .1
performing the work: City seal or logo; the scheduled date for the start of construction; the type of
construction; general sequence and scheduling of construction events; possibility of water service
disruption and/or colored water due to construction efforts; Contractor's name, the Superintendent's I
name, Contractor address and telephone number; Contractor's company logo (optional); requirement for
residents to remove landscaping and/or other private appurtenances which are in conflict with the
proposed construction; and other language as appropriate to the scope of Contract work. Sample door I
hanger including proposed language shall be approved by the City prior to the start of construction.
Notification shall be printed on brightly colored and durable card stock and shall be a minimum of 4 1;4
by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly I
affected by the Contractor's activities no later than 7 days prior to the start of construction activity.
Directly affected by the Contractor's activities shall mean all Contractor operations including staging
areas, equipment and material storage, principal access routes across private property, etc. Contractor I
cannot start without proper 7 day notice period to residents. Contractor is required to maintain sufficient
staff to answer citizen inquiries during normal business hours and to maintain appropriate message I
recording equipment to receive citizen inquires after business hours.
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Section IV - Technical Specifications
52.
RESIDENT NOTIFICATION OF START OF CONSTRUCTION
RESIDENT NOTIFICATION PERFORMED BY CITY
See below for Resident Notification performed by the Contractor.
RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR
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Section IV - Technical Specifications
EXAMPLE
CITY SEAL
Of
CITY OF CLEARWATER
NOTICE OF CONSTRUCTION
TODAY'S DATE: / I
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PLEASE EXCUSE US FOR ANY INCONVENIENCE
We are the construction contractor performing (state type of contract) for the City of Clearwater in your
area. The work will be performed in the public right-of-way adjacent to your property. This notice is
placed a minimum of 7 days in advance of construction to notify property owners of the pending start of
construction.
(Brief description of the constrnction process to be expected by the property owners)
The construction process may necessitate the removal of certain items from the right-of-way. Typical
items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within
a reasonably short period of time. The replacement of driveways and sidewalks will be made using
standard asphalt or concrete materials. The property owner is responsible for the expense and
coordination to replace driveways and sidewalks which have customized colors, textures and/or
materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or structures within the
right-of-way which must be removed due to the construction process will not be replaced. The property
owner is responsible to relocate any such items which the property owner wishes to save prior to the
start of construction. Vehicles parked on the streets or within the right-of-way may be required to be
placed elsewhere.
We are available to answer any questions you may have regarding the construction process or any
particular item that must be relocated. Please contact our Construction Superintendent at
(727) . We will be more than happy to assist you.
Construction is anticipated to begin on:
Company Name
Company Address
Contractor Phone Number
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Section IV - Technical Specifications
56.
CLEARING AND GRUBBING
Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard
Specifications (latest edition). Unless otherwise specified in the contract documents, the Contractor shall
take ownership of all removed material and dispose of them off-site in accordance with all Local, State
and Federal Requirements.
BASIS OF MEASUREMENT
The basis of measurement shall be either a lump sum quantity or the number of acres cleared and
grubbed as specified on the plans or directed by the Engineer.
BASIS OF PAYMENT
The pay item for clearing and grubbing shall include: all removal and disposal of materials and
structures as well as all materials, hauling, equipment, tools, labor, leveling of terrain, landscape
trimming and all incidentals necessary to complete the work.
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Section IV - Technical Specifications
62. TREE PROTECTION
TREE BARRICADES
A. A protective barrier shall be placed around all protected trees and palms prior to land preparation or
construction activities within or adjacent to the work zone, including all staging and/or lay down
areas. Protective barriers shall be installed as follows:
1. At or greater than the full drip line of all species of Mangroves and Cabbage Palms.
2. At or greater than the full dripline or all protected native pine trees and other conifer species.
3. At or greater than two-thirds of the drip line of all other protected species
4. At or greater than the full dripline of trees within a specimen tree stand.
B. Protective barriers are to be constructed using no less than two-inch lumber for upright posts.
Upright posts are to be at least four feet in length with a minimum of one foot anchored in the
ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are
to be constructed using no less than one inch by four-inch lumber and shall be securely attached to
the top of the upright post. The project City's representative must approve any variation from the
above requirements.
C. Whenever a protective barrier is required, it shall be in place until all construction actIvIty is
terminated. The area within the barrier limits shall remain undisturbed by any activity during
construction. Native ground cover and understory vegetation existing within the barriers shall remain
throughout construction. Exotic plant species may only be removed by manual labor utilizing hand
tools or by other means if authorized in writing by the City's representative.
D. Prior to the erection of any required protective barrier, all surface foreign material, trash or debris
shall be removed from the area enclosed by the barrier, and after erection of the barrier no such
material or litter shall be permitted to remain within the protected area. No equipment, chemicals,
soil deposits or construction materials shall be placed within such protective barriers.
E. No signs, building permits, wires, or other attachments of any kind shall be attached to any protected
tree or palm.
F. At all times, due care shall be taken to protect the critical root zone of trees protected by this section,
and root pruning requirements shall apply to such trees.
ROOT PRUNING
A. Where proposed construction improvements involve excavation and/or impacts to the critical root
zone of protected trees, the Contractor shall be required to have an International Society of
Arboriculture (lSA) certified arborist perform, or directly supervise root pruning to reduce the
impacts of construction. The critical root zone is equivalent to the tree's dripline. Prior to any
clearing, grubbing or excavation activities, the affected roots must be severed by clean pruning cuts
at the point where grubbing or excavation impacts the root system. Roots can be pruned utilizing
specified root pruning equipment designed for that purpose or by hand digging a trench and pruning
roots with a pruning saw, chain saw or other equipment designed for tree pruning. Root pruning by
trenching equipment or excavation equipment is strictly prohibited. Roots located in the critical root
zone that will be impacted by construction activities shall be pruned to a minimum depth of 18
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A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or under "
the direct supervision of an International Society of Arboriculture (ISA) certified arborist. .
Furthermore, all tree work shall conform to the American National Standards Institute (ANSI) 2001,
American National Standard for tree care operations - Tree, Shrub and other Woody Plant I
Maintenance - Standard practices (pruning) ANSI A-300.
B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts (pruning
cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper 'I
techniques. Any protected tree that has been improperly pruned will not be recognized as a tree left
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Section IV - Technical Specifications
inches below existing grade or to the depth of the proposed impact if less than 18 inches from
existing grade. Tim Kurtz, Senior Landscape Architect is the City's Representative on Public Works
projects for root Pruning issues and can be reached at (727) 562-4737, or through the construction
inspector assigned to the project.
B. Root pruning shall only be preformed by or under the direct supervision of an International Society
of Arboriculture (ISA) certified arborist.
C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted) inspected and
approved by the City's representative prior to actual root pruning.
D. Root pruning shall be preformed as far in advance of other construction activities as is feasible, but
at a minimum shall be performed prior to ANY impacts to the soil. Associated tree protection
measures should be implemented upon completion of said root pruning.
E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any root
pruning activities.
F. Root pruning shall be limited to a minimum often inches per one inch of the trunk diameter from the
tree base. Any exception must be approved by the City's representative prior to said root pruning.
G. Roots shall be cut cleanly, as far from the trunk of the tree as possible. Root pruning shall be done to
a minimum depth of 18" from existing grade, or to the depth ofthe disturbance ifless than 18".
H. Root pruning shall be performed using a Doscocil Root Cutting Machine or equivalent. Alternate
equipment or techniques must be approved by the City's representative, prior to any work adjacent to
trees to be preserved.
I. Root pruning shall be completed, inspected and accepted prior to the commencement of any
excavation or other impacts to the critical root zones of trees to be protected.
J. Excavations in an area where root are present shall not cause the tearing or ripping of tree roots.
Roots must first be cleanly severed prior to continuing with the excavation, or tunneled around to
prevent damage to the root.
K. Tree roots shall not be exposed to drying out. Root ends shall be covered with native soil or burlap
and kept moist until final backfill or final grades has been established.
L. When deemed appropriate (e.g., during periods of drought) the City representative may require a
temporary irrigation system be utilized in the remaining critical root zones of root pruned trees.
M. When underground utility lines are to be installed within the critical root zone, the root pruning
requirement may be waived if the lines are installed via tunneling or directional boring as opposed to
open trenching.
PROPER TREE PRUNING
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Section IV - Technical Specifications
on the project in a healthy growing condition, and will require replacement consistent with the
current City Codes and Ordinances.
C. No protected tree shall have more than 30 percent of its foliage removed.
D. No protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been
improperly pruned will not be recognized as a tree left on the project in a healthy growing condition,
and will require replacement con&istent with the current City Codes and Ordinances.
E. Tree Trunks and limbs shall be protected. The use of tree spikes or other devices that damage trunk
and bark tissue on protected trees shall be prohibited. Any protected tree that has been damaged in
such a manner will not be recognized as a tree left on the project in a healthy growing condition, and
will require replacement consistent with the current City Codes and Ordinances.
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SECTION V
CONTRACT BOND
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we
Contractor and
(Surety) whose home address is
as
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Foml of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2006.
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
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CONTRACT
This CONTRACT made and entered into this _ day of , 2006 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
Ifthe Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPI,OYEES.
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CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recmitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, II
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilmember
Approved as to form and
legal sufficiency:
Bryan D. Ruff
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(Contractor)
By:
(SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the
(TITLE)
, a Florida Corporation, with its principal place
(herein, the "Contractor").
of
of business located at
That the Contractor was the general contractor under a contract executed on the day of
, 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform thy construction of:
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
AFFIANT
This _ day of
, 2006.
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal, and
as Surety, are held and firmly bound unto the City of Clearwater,
Florida, in the sum of Dollars ($ )
(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
The condition of the above obligation is such that if the attached Proposal of
as Principal, and
as
Surety, for work specified as:
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue
by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this
day of
,2006.
(Principal must indicate whether
corporation, partnership, company
or individual)
Principal
The person signing shall, in his own
handwriting, sign the Principal's
name, his own name and his title;
the person signing for a corporation
must, by affidavit, show his authority
to bind the corporation.
By:
Title
Surety
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AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF
)
)
being duly sworn, deposes and says that he/she is
Secretary of
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
Street & Number
City
County
State
Affiant further says that he IS familiar with the records, minute books and by-laws of
(Name of Corporation)
Affiant further says that
IS
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for
for said corporation by virtue of
(state whether a provision of by laws or a Resolution of the Board of
Directors. Ifby Resolution give date of adoption).
Affiant
Sworn to before me this
day of
, 2006.
Notary Public
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
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NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF )
being, first duly sworn, deposes and says that he is
of
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this _ day of
, 2006.
Notary Public
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PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
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PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
($
)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or
employer is contingent upon the award ofthe contract to the bidder).
NAMES:
ADDRESSES:
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corporation.
By:
Title:
Business Address of Bidder:
City and State:
Zip Code
Dated at
, this
day of
, AD., 2006
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CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT:
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
SectionV.doc
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(Name of Bidder)
(Signature of Officer)
(Title of Officer)
(Date)
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BIDDER'S PROPOSAL - UNIT PRICES
PROJECT: Myron A. Smith Bayview Park Landscape and Irrigation
PROJECT DESCRIPTION: BID No. 06-0021-PR
Item Description Unit Quantity Unit Cost Total Cost
Base Bid
1 25-Qallon Gordonia lasianthus (min. 2-inch calioer) EA 8
2 15-oallon lIex cassine (min. 1.5-inch calioer) EA 25
3 7 -oallon Smabucus canadensis EA 35
15-gallon lIex vomitoria 'Pendula' (min. 1.5-inch
4 calioer) EA 103
5 3-oallon Callicaroa americana EA 116
6 3-oallon Forestiera seoreoata EA 13
7 3-oallon Hamelia oatens EA 59
8 3-oallon Hvdranoea ouercifolia EA 23
9 1-oallon Lantana involucrata EA 87
10 7 -oallon Mvrcianthes fraorans 'Comoacta' EA 116
11 3-oallon Oountia soo. EA 10
12 3-oallon Psvchotria nervosa EA 58
13 3-oallon Soohora tomentosa EA 34
14 1-oallon Sorohastrum secundum EA 328
15 1-oallon Stachvtaroheta iamaicensis EA 222
16 3-oallon Tripsacum dactvloides EA 303
17 3-oallon Vaccium mvrsinites EA 136
18 7 -oallon Viburnum obovatum EA 28
19 1-oallon Gaillardia oulchella EA 36
20 1-oallon Asclepias tuberosa EA 84
21 1-oallon Blechnum serrulatum EA 210
22 1-oallon Eustoma exaltatum EA 238
23 1-oallon Helianthus debilis EA 43
24 1-oallon Hvmenocallis latifolia EA 130
25 1-oallon Ipomoea pes-caprae EA 174
26 1-oallon Mimosa strioillosa EA 441
27 1-oallon Muhlenberoia caoillaris EA 355
28 3-oallon Sereona reoens EA 1,880
29 1-oallon Thelvoteris soo. EA 1,778
30 1-oallon Uniola oaniculata EA 161
31 1-oallon Verbena tamoensis EA 163
32 3-oallon Zamia pulmia EA 143
34 1"-2" Nuaaet Pine Bark Mulch 3-inch thick SF 17,131
35 Irrioation System Materials and Installation LS 1
Sub-total Items I -35
36 10% Continoencv LS 1
TOTAL (ITEMS 1-36)
(Note: Contigency funds shall only be utilized upon written approval by the Owner of the Owner's
Representative to utilize these funds for additional Scope of Work not indicated in item 1 of the Bill
of Quantities. Contigency funds not utilized in the implementation of this contract shall be returned
to the Owner by final change order druing close out of the contract.
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CONTRACTOR:
BIDDER'S GRAND TOTAL $
(NUMBERS)
BIDDER'S GRAND TOTAL
(WORDS)
THE BIDDER'S TOTAL ABOVE 15 HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES
THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE 15 FOR INFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM
BID. IF THERE 15 AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE
PRICES AND LUMP SUM PRICE SHALL GOVERN.
Revised 05/18/06
Section V.doc
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PRE-
QUALIFICATION
PACKAGE
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May 24, 2006
III
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For your use in bidding this project.
RE: PRE-QUALIFICATION TO BID, CITY OF CLEARWATER
Myron A. Smith Bayview Park Landscape & Irrigation Project
I~
Gentlemen:
Ir.
Attached per your request is a "QUALIFICATION APPLICATION OF
PROSPECTIVE BIDDER" for the City of Clearwater's construction projects.
I~
Your attention is called to the following three (3) items which must
accompany the application: a current financial statement completed
within the past year, three letters of reference, and a list of major
projects completed wi thin the past year (each project is to include
type of work, dollar volume, name and phone number of project
representative or owner) .
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All of the above items must be received before
application can begin. For contractors interested in
project, the complete pre-qualification package must be
time of bid submittal.
review of the
any particular
received at the
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Bid acceptance will be
qualification standards.
contingent
upon
ability
to meet
City
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We appreciate your interest in the City of Clearwater and ask that you
direct any questions concerning the pre-qualifying process to me at
telephone (727) 562-4950 Ext. 7203.
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Sincerely,
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Gary A. Johnson, CGC
Public Services Director
/ae
Attachment
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OUALIFICATION APPLICATION OF PROSPECTIVE BIDDER
CITY OF CLEARWATER CONSTRUCTION PROJECTS
TO: City of Clearwater Construction Division
Attn: Alice Eckman, Construction Office Specialist
410 N. Myrtle Avenue or (P.O. Box 4748, Clw. FL. 33758-4748)
Clearwater, Florida 33755
DATE:
PURPOSE: To provide the City with reasonable assurance that the
prospective bidder on City of Clearwater formal construction
contracts has the financial assets, resources, work force, and
work experience to successfully complete contemplated
construction contract agreements with the City.
CONTRACTOR FIRM NAME:
BUSINESS ADDRESS:
CITY - STATE - ZIP CODE:
PHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
TYPE OF ORGANIZATION:
(Individual, Corporation, Partnership, etc.)
LIST ALL PRINCIPALS OF ORGANIZATION:
(President, Vice-President, Secretary-Treasurer, Partner, etc.)
DATE ORGANIZATION BEGAN UNDER PRESENT NAME:
OTHER NAMES AND DATES UNDER WHICH ORGANIZATION EXISTED:
REFERENCES:
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CONTRACTOR'S LICENSE NUMBER:
INDIVIDUAL HOLDING LICENSE:
ISSUING AUTHORITY:
CLASSIFICATION OF LICENSE:
HAS YOUR FIRM EVER FAILED TO COMPLETE WORK AWARDED TO YOU? IF
SO, WHERE AND WHY?
NUMBER OF FULL TIME EMPLOYEE'S DIRECTLY ON APPLICANTS PAYROLL:
PRESENT VALUE OF AND GENERAL TYPE OF ALL CONSTRUCTION AND
OPERATIONAL EQUIPMENT DIRECTLY OWNED BY THE APPLICANT
(INFORMATION MAY BE OBTAINED FROM MOST RECENT FINANCIAL STATEMENT
& INCLUDE LONG TERM LEASE/PURCHASE EQUIPMENT) :
The pre-qualification to bid limitation is an amount of dollars
equal to the amount of the largest single construction proj ect
which has been successfully completed by the Contractor. The
pre-qualification amount is limited to the particular
construction categories in which the Contractor is approved to
perform work. This pre-qualification amount may be adj usted as
the Contractor may successfully complete larger construction
proj ects. The Contractor may exhibit where two or more similar
projects were substantially accomplished by the Contractor at the
same time where the aggregate amount of these projects in excess
of the largest single project accomplished. This aggregate amount
will be considered as the pre-qualification amount up to an
amount equal to 150% of the largest single project amount. Pre-
qualification amounts and categories may be limited as warranted
by the City's experience with the Contractor's construction
projects.
LARGEST SINGLE PROJECT COMPLETED BY THE CONTRACTOR:
1. AMOUNT: $
2. DATE OF COMPLETION:
3. TYPE OF WORK:
4. OWNER/REFERENCE:
Telephone Number
Address
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ALTERNATE PRE-QUALIFICATION AMOUNT IS BASED ON THE AGGREGATE
TOTAL AMOUNT OF CONCURRENT PROJECTS COMPLETED BY CONTRACTOR WITH
A MAXIMUM AMOUNT OF 150% OF LARGEST SINGLE PROJECT LISTED ABOVE.
LARGEST AGGREGATE AMOUNT COMPLETED BY CONTRACTOR WHERE WORK WAS
PERFORMED AT THE SAME TIME:
$
(Total aggregate amount determined from project list below)
PROJECT 1
PROJECT 2
PROJECT 3
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
THE FOLLOWING THREE ADDITIONAL ITEMS ARE TO ACCOMPANY THIS
APPLICATION:
1.
A current Financial Statement for your company which
will be returned uncopied upon completion of review.
A list of major projects completed (each project is to
include type of work, dollar volume, name and phone
number of project representative or owner) .
2.
Three letters of reference are requested from owners
your company has performed work for. The reference
letters shall be on the owner's letterhead and contain
the following information:
3.
A.) Location and type of work.
B.) Dollar volume with your company.
C.) Project owner's name, address & phone number.
D.) Surety Company involved, if any.
E.) Consulting Engineer or Architect, address and
phone number.
F.) Starting and completion dates.
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Pre-qualification is limited to particular construction
categories or construction activities in which the Contractor has
successfully completed construction projects or extensive work in
the category in conjunction with larger project work. Following
are the general categories of construction work which are
available for contractor pre-qualification approval by the City
of Clearwater. Check those categories for which your firm is
seeking pre-qualification approval. To receive approval in a
particular construction category, your application must contain
documentation of successfully completed work experience in that
category. This documentation is to be included in your firm's
completed proj ect list as described above. In addition, your
application must exhibit that your firm has sufficient equipment,
resources, and employees on your firm's direct payroll to
complete work as a prime contractor in each approved construction
work category. Contractors with an insufficient work force or
insufficient resources will not be approved for pre-qualification
or will not receive pre-qualification in particular work
categories.
ASPHALTIC CONCRETE RESURFACING.....................
BRIDGE CONSTRUCTION AND MODIFICATION...............
COMMERCIAL BUILDINGS ..............................
CONCRETE FLAT WORK (CURBS, WALKS, COURTS, ETC.)....
EXCAVATION/SITE WORK/CHANNEL STABILIZATION .
GUNITE RESTORATION.................................
HORIZONTAL DIRECTIONAL DRILLING.
IN DU S T RIAL PAl NT IN G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LANDSCAPING & IRRIGATION ..........................
MARINE CONSTRUCTION................................
MARINE DREDGING....................................
ROADWAY AND PARKING LOT CONSTRUCTION...............
SANITARY PUMP STATIONS.............................
SANITARY AND STORM SEWERS..........................
TENNIS COURTS................................. . . . . .
URBAN STREETSCAPE..................................
WASTEWATER & WATER TREATMENT FACILITIES............
WATER AND FORCE MAINS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WELL CONSTRUCTION....... . . . . . . . . . . . . . . . . . . . . . . . . . . .
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THE FOLLOWING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
FIRM:
BY:
(Please Type)
SIGNATURE:
TITLE:
DATE:
(Owner, President, etc.)
5
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Pinellas County Recreational Grant Funding Agreement for the Long Center, Outdoor Restrooms, in
the amount of $50,000, between Pinellas County and the City of Clearwater and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The City has been awarded a grant from Pinellas County for a total of $50,000 to assist in the construction of
a restroom/trailhead building adjacent to the new limitless playground at the Long Center and the adjacent
community park. Pinellas County assisted in funding the new limitless playground, which replaced the 15-
year-old Sunshine playground in July of this year. For the past 15 years residents and guests to the Sunshine
playground, as well as the adjoining athletic fields, had to use restroom facilities located some distance from
the playground in the Long Center building. In addition, the East/West Trail is being expanded to start at
Belcher Road. Staff has received requests almost daily from users of the playground, as well as the athletic
fields, to install restrooms more convenient for participant's use. The playground has become more accessible
for children with various disabilities and it is critical to have restroom facilities closer to the playground.
Additionally, this will be the western beginning/finishing point for users of the East/West Trail. The County
is interested in being a part of this project, which will benefit not only Clearwater residents but all residents of
Pinellas County. Total funding for the project is estimated to be $120,000 of which 42% will come from the
County and the remainder by transferring $20,000 from ClP 93272 Bicycle Paths, and $50,000 from ClP
93246 Long Center Pool Repairs. The $20,000 from the bike paths project was identified in the deaprtment
ClP to connect to the "trail head" building and will not adversely impact the the biek path ClP. The Long
Center Pool Repairs are being completed and the $50,000 being transfered are not needed for that project. The
$50,000 awarded through this grant will be used to purchase the actual labor and materials to build the
restroom, which includes block walls, concrete slab, framing and roof. The new building will be opened and
closed by City staff housed at the Long Center and will be maintained by existing City staff assigned to the
Long Center. If approved the funds will be transferred into ClP 315-93214-564000-572-000 Long Center
Playground at third quarter. A copy of the agreement is available for review in the Office of Official Records
and Legislative Services.
Type:
Current Year
Budget?:
Capital expenditure
No
Budget Adjustment: Yes
Budget Adjustment Comments:
More funding for this project was to come from a greenways trail grant, however, this did not materialize
thus requiring the transfer of funds from another project designated for the Long Center. Recommend
transferring $50,000 from pool renovations which is already funded and will be complete in November of
this year. Also, $20,000 from Recreation Trails since this will in fact be a trail head.
Current Year $120,000 Annual Operating 0
Cost: Cost:
Not to Exceed: $120,000 Total Cost: $120,000
For Fiscal Year: 2005/06 to 2006/07
Appropriation Amount Appropriation Comment
Code
315-93214 $50,000 Grant from Pinellas County
315-93246
315-93272
Bid Required?: No
Other Bid /
Contract:
$50,000
$20,000
Transfer from Long Center Pool Repairs
Transfer from Bike Paths
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of , 2006,
(the "Effective Date") by and between City of Clearwater, whose address is P. O. Box 4748, Clearwater, FL
33758, hereinafter the" GRANTEE", and P INELLAS COUNTY, apolitical subdivision 0 f t he State 0 f Florida,
whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred to as the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and funding such
activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for active
recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing organizations
through the Recreational Grant Project provides support for and access to active recreation opportunities for
residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a project to the COUNTY for funding consideration under the
Year 2006 Project consisting of the construction of a restroom facility at the new Limitless Playground at the
Long Center ("Project") and
WHEREAS, the COUNTY considers the Project worthwhile and desires to assist the GRANTEE in
funding the Project as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms, covenants
and conditions set forth herein, agree as follows:
1. PROJECT DESCRIPTION AND COMPLETION SCHEDULE. GRANTEE shall complete the
work/perform the services constituting the Project described in Exhibit A attached hereto and incorporated
herein by reference, including performance in accordance with the Project Schedule included in Exhibit A.
GRANTEE shall be solely responsible for managing, securing and contracting with third parties, supervising,
and completing the work/services relating to the Project, and nothing in this Agreement shall be construed to
create an employee, agent, partner or joint venturer relationship with the County, and the GRANTEE is and shall
remain at all times an independent contractor. Any work/services performed by the GRANTEE not authorized in
the Project description or Project Schedule shall be solely at the GRANTEE's expense and shall not be eligible
for funding as provided in paragraph 2 herein. Any change in the description of the Project or Project Schedule
shall take effect only upon the execution of a written amendment to this Agreement.
2. FUNDING. T he COUNTY agrees to fund the sum of n ot toe xceed $ 50,000 for the Project
("Grant Funding Award") and shall have no obligation to contribute any sum beyond this maximum amount. The
GRANTEE agrees to fund all remaining costs or sums due for the Project, including all costs in excess of the
anticipated total cost. The GRANTEE will manage the Project and either pay, 0 r incur the 0 bligation f or, a II
Project costs prior to requesting grant funds from the COUNTY. The COUNTY will reimburse the GRANTEE for
all approved costs upon receipt 0 fa payment request from the GRANTEE in accordance with the following
procedures:
A. GRANTEE must submit a Grant Payment Request with all required documentation and
Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit B.
B. In the event GRANTEE does not either complete the Project or payor incur the
obligation to pay Project costs in an amount equal to the Grant Funding Award, prior to the termination of this
Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to Grantee are
hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is extended in writing
by mutual agreement of the County and Grantee.
3. PROJECT MANAGER A ND NOTICES. Each party hereby designates the person set forth
below as its respective Project Manager. Project Managers shall be each party's prime contact person. Notices
or reports shall be sent tot he attention of each p arty's Project Manager by U.S. m ail, postage paid, tot he
parties' addresses as set forth below:
Project Manager for the COUNTY:
Joseph Lupardus
Parks & Recreation Operations Manager
Pinellas County Parks & Recreation Department
631 Chestnut Street
Clearwater, FL 33756
Project Manager for the GRANTEE:
Art Kader
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in writing.
4. CANCELLATION.
A. Pinellas County reserves the right to cancel this Agreement, without cause, by giving
(30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B. Failure of the GRANTEE to comply with any of the provisions of this Agreement shall be
considered a material b reach, and shall be cause for immediate termination of the Agreement upon written
notice to the GRANTEE.
C. Notwithstanding any other provision herein, in the event that sufficient budgeted funds
are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence and the
Contract shall t erminateon t he last day 0 f t he then current fiscal period without penalty or expense tot he
COUNTY.
5. CONTRACT PERIOD. The term of this Agreement shall commence on the Effective Date and
shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6. PROJECT RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the County to
examine or audit all Project related records and documents during or following completion of the Project.
Grantee shall provide a complete set of copies of all Project records to the County within 60 days of the
completion of the Project. Grantee shall maintain all such records and documents for at least three (3) years
following completion of the Project. All records and documents generated or received by either party in relation
to the Project are subject to the Public Records Act in Chapter 119 F.S.
7. PROCUREMENT REQUIREMENTS. To the extent the Project involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
authorized herein, which shall at a minimum include soliciting no less than two written price quotations from
prospective bidders or proposers, except for in-kind contributions of commodities or services or when there is
only one practicable or reasonable source for the commodity or service. County shall have the right to audit the
competitive process to ensure adequate competition and a proper audit trail. Grantee shall maintain all
procurement records with Project records and documentation as provided in paragraph 6 herein.
8. INDEMNIFICATION. The GRANTEE shall indemnify, pay the cost of defense, including
attorney's fees, and hold harmless the County from all suits, actions or claims of any character brought on
2
account of any injuries or damages received or sustained by any person, persons, or property by or from the
said GRANTEE; or by, or in any way relating to or arising from the Project; or on account of any act or omission,
neglect or misconduct of the GRANTEE; or by, or on account of, any claim or amounts recovered under the
Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree, except only such injury
or damage as shall have been occasioned by the sole negligence of the County.
9. PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote, and
build support for the Project. Acknowledgment of grant funding shall be integral to the public relations effort,
and shall at a minimum, include the posting of signage acknowledging the Grant Funding Award as approved by
the County, in substantially the form attached as Exhibit C.
10. CONSTRUCTION LIENS: MAINTENANCE.
A. To the extent the Project involves the construction or installation of improvements to real
property owned by the County, Grantee shall promptly pay all charges for labor, services and materials used in
connection with said improvements. Construction liens against County property arising out of Project work
performed by or for Grantee are expressly prohibited and in the event of the filing of any Claim of Lien, Grantee
shall promptly satisfy same or transfer it to a bond, and take any further action as is necessary to protect the
County's interest in the real property.
B. Grantee shall at all times be responsible for maintaining, repairing and/or replacing any
Project improvements or equipment funded by the Grant Funding Award.
11. LAW COMPLIANCE. Grantee shall comply with all a pplicable federal, state a nd local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
12. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Project, without the written consent of
the other party.
13. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
14. DISCRIMINATION. In carrying out this Agreement, the Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion,
sex, national origin, family status or handicap.
15. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and
may be amended only in writing, signed by all parties to this Agreement.
16. INDEPENDENT CONTRACTOR! PROJECT CONTRACTORS. Nothing in this Agreement will
be construed to create, 0 r be implied to create, any relationship between t he COUNTY a nd any contractor,
subcontractor or supplier on the Program, and at all times Grantee is and shall remain an independent
contractor and not an agent of the County.
<SIGNATURE PAGE FOLLOWS>
3
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year set
forth next to their signatures below.
PINELLAS COUNTY, FLORIDA
By and through its County Administrator
GRANTEE:
Stephen M. Spratt
By:
City of Clearwater William B. Horne, I I, City
COUNTERSIGNED: Manager
By:
(Attesting Witness' name/title)
~~~ Frank V. Hibbard, Mayor
APPROV,~~~~~~. T/~ ~~':I':N,t~"
114fi!if Laura ti"owski, Assistant City Attorney
ATTEST:
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
(Corporate Seal) Cynthia E. Goudeau J City Clerk
ATTEST:
Office of the County Attorney
By:
(Attesting Witness' name/title)
APPROVED AS TO FORM:
Office of the County Attorney
4
Exhibit A
SCOPE OF WORK
AGREEMENT NO. 06REC002
Long Center Limitless Playground Restroom
Construction will include labor and materials to build the restroom, which will include
block walls, concrete slab, framing and roof.
GRAND TOTAL
$ 50,000.00
The Project Schedule shall be the term of this Agreement. All work is to be
completed within the Contract Period.
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No. _
TO: Pinellas County Parks and Recreation Department
Attn: Joseph Lupardus, Parks and Recreation Operations Manager
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
, the undersigned
("Grantee") hereby requests payment of the following amounts of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II.
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding Award Available $
CERTIFICA TION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the program services 0 other
itemized in this
payment request has been completed and/or (describe) provided by the GRANTEE, and is necessary of the
completion of the Program as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
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Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve policy relating to the amplification of sound at City co-sponsored events and private events held at
City venues for their musical and entertainment productions. (consent)
SUMMARY:
On June 1,2006 the City Council approved a first amendment template agreement to be used with various
radio stations that use City venues for their musical and entertainment productions and authorized the City
Manager or his designee to execute them. As part of this approval, staff was directed to make a
recommendation to further clarify the sound policy referenced in paragraph 3 of the template agreement. Staff
has since researched the topic and has found that most counties, municipalities, towns and jurisdictions in one
way or another, exempt athletic contests, concerts, open-air festivals, fairs, outdoor musical entertainment etc.
from such policies and ordinances, as does the City of Clearwater in Section 3-1508, D, 4, of the Community
Development Code of the City of Clearwater governing "Noise". Staff is recommending that the attached
policy be added to the City Council policies under the Leisure Section as Item C entitled "Amplification of
Sound at City Venues". If approved, the City Manager or his designee shall be responsible to administer this
policy.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk
City Council Policy
Leisure Section Item C
C. Amplification of Sound at City Venues. The following guidelines govern the
amplification of sound at City co-sponsored and private events held at City venues for
musical and entertainment productions.
1. Amplification of sound and in particular music for an event must end at a specific
time set by the City Manager or his designee. In general that time will be no
later than 10:00pm Sunday through Thursday and no later than 11 :00 p.m. on
Friday and Saturday, but on certain rare occasions permitted to be held longer.
2. Amplification of sound including music will not exceed an average of 95 decibel
or dB level measured at the house mix over a period of 30 seconds.
3. Amplification of sound during the event will be measured by a City employee or
City contractor by using a sound-level meter which is an instrument that includes
a microphone, amplifier, RMS detector, integrator or time average, output or
display meter and the weighting networks used to measure sound pressure
levels.
4. The City employee or City contractor will measure the sound levels for every
group performing at the event.
5. In the event a promoter or sponsor violates this policy the City employee or City
contractor will require that the sound levels be adjusted to meet the standard. If
after the first warning the volumes are not adjusted to meet the policy the City
employee or City contractor will personally adjust the sound level to bring in
compliance.
6. If a promoter or sponsor continues to violate this policy then they will not be
allowed to have concerts at City venues.
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify & Confirm the City Manager's approval on May 25, 2006 the increase in the award of contract issued
to M&J Construction Company by $64,890.00 to cover approximately 7,210 square feet of additional roof
deck preparation and coating in the Long Center pool area. (consent)
SUMMARY:
The City of Clearwater entered into a contract with M&J Construction Company on April 7, 2006 for the
cleaning, repair, preparation and painting of deteriorated ceiling areas and all structual steel members over the
Long Center pool, pool deck and viewing bleachers for $405,000. The bid specifications for this project
included a section that provides for additional work to the area, if latent damage is found by the Contractor
and verified by City Staff. The additional work is to be performed at the cost per square foot previously
agreed upon in the bid. After the contractor began work on the areas on the inside of the west, north and east
outer walls, approximately ninety (90) additional rusted structual areas were found to be in need of repair.
The contractor could not continue with the project until approval was obtained. The City Manager's approval
allowed the project to continue on schedule. The cost to perform this additional work complies with the unit
pricing in the specifications. Funding for this project is available in project 315-94524, Long Center
Infrastructure Improvements.
Type:
Current Year
Budget?:
Capital expenditure
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
$64,890.00
Annual Operating
Cost:
Total Cost:
to
Appropriation
Code
315-94524
Amount
Appropriation Comment
$64,890.00
Long Center major Infrastructure
Improvements
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm change order #1 to Rowland, Incorporated of Pinellas County, FL for the Del Oro Groves
Reclaimed Water System Installation and Water Main Replacement Project (04-0022-UT) increasing the
contract amount by $166,675.36 for a new contract total of $3,833,706.04 and $27,314.98 of City labor and
administrative charges for a total cost of $193,990.34 for the Windward Passage Water Main Replacement.
(consent)
SUMMARY:
The Council previously awarded a contract to Rowland, Incorporated on May 18,2006 (Item 11.8) in the
amount of $3,667,030.68. This Change Order addes the Windward Passage Water Main Replacement Project
to this contract. A 10% contingency item is also included in the new work. The purpose of this contract is to
supplement existing potable water distribution main to improve fire flow and pressure to new condominiums
being constructed on Windward Passage. A new 8" PYC potable water main will be installed from the east
side of the intersection ofIsland Way and Windward Passage westward approximately 1500 feet to the cul-
de-sac at the end of Windward Passage. The contract to Rowland, Incorporated, by this method, has been
determined to be in the best interest of the City for this project, based upon Rowland's performance on
previous projects. Total funding of the $193,990.34 will be provided by the developers of Harbor Water
(Opus South) and the Residences at Windward Passage (The Windward Passage Condominiums, LLC.) of
$60,621.98 and $133,368.36 respectively. In consideration of the Residences at Windward Passage
developer's contribution to this project, the City desires to complete installation of the water main in a timely
manner in order not to delay issuance of a Certificate of Occupancy for the Residences project. In order to
accomplish this, construction needed to start prior to the next availabel Council meeting date. City
management approved this early construction start when the developer's contribution was received on May
30,2006. Third quarter amendments will increase the budget for Property Owners Share revenue (369907)
and for expenditures by $193,990.34 for each in the Capital Improvement Program project 0315-96741,
System R&R - Capitalized. It is anticipated that this project will take 60 days. A copy of the change order is
available for review in the Official Records and Legislative Services Office.
Type:
Current Year
Budget?:
Capital expenditure
None
Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary section.
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating
Cost:
Total Cost:
to
Appropriation
Code
0315-96741-
563800-533-000-
0000
Amount
Appropriation Comment
$193,990.34
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) City
Manager 7) Clerk 8) City Manager 9) Clerk
CHANGE ORDER # 1
Date:
June 5, 2006
PROJECT: Del Oro Groves Reclaimed Water System
Installation and Water Main Replacement
PROJECT NO.:
04-0022- UT
PO REFERENCE NO.: STI02283
CONTRACTOR: Rowland, Incorporated
6855 -102nd Avenue North
Pinellas Park, Florida 33782
DATE OF CONTRACT: May 31, 2006
CODE: 0315-96739-563800-533-000-0000 A
0378-96759-563800-533-000-0000 B
0315-96664-563800-535-000-0000 C
0315-96741-563800-533-000-0000 D
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached sheet for additional items to contract.
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
Original Contract Amount
Change Order # I
NEW CONTRACT AMOUNT
$3,667,030.68
$166,675.36
$3,833,706.04
Rowland, Incorporated
By:
(SEAL)
Kenneth Rowland, President
Date:
Frank Hibbard
Mayor
Witnesses:
Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Gary A. Johnson, CGC
Public Services Director
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
William B. Horne, II
City Manager
Michael D. Quillen, P.E.
City Engineer
Page 2 of2
CO#1
RE: Del Oro Groves Rec. Water System Installation & Water Main Replacement
ITEM
NO. DESCRIPTION QTY UNIT UNIT COST TOTAL COST
Additional Items-Windward Passa2e Water Main Improvements-CODE "D" 0315-96741-563800-533-000-0000
114 Mobilization I LS $18,175.00 $18,175.00
115 Traffic Control I LS $1,500.00 $1,500.00
116 Erosion Control I LS $675.00 $675.00
117 8" DIP 141 LF $65.85 $9,284.85
118 8"PVC 1500 LF $34.35 $51,525.00
119 6" DIP 34 LF 129.300 $4,396.20
120 6" PVC Pipe 25 LF $33.40 $835.00
121 Compact Ductile Iron Fittings 1.05 TONS $7,125.00 $7,481.25
122 8" Restrained Joints 86 EA $71.00 $6, I 06.00
123 6" Restrained Joints 20 EA $34.00 $680.00
124 12"x8" Tapping Sleeve & Valve I EA $2,200.00 $2,200.00
125 6"x6" Tapping Sleeve & Valve I EA $2,150.00 $2,150.00
126 8" M.l Gate Valve 5 EA $1,185.00 $5,925.00
127 6" M.l Gate Valve 4 EA $895.00 $3,580.00
Relocate Existing Fire Hydrant &
128 Valve 2 EA $1,175.00 $2,350.00
129 Connect to Existing 6" Water 5 EA $825.00 $4,125.00
130 Grout Existing 6" Water Main 125 LF $10.40 $1,300.00
131 Remove Existing Piping 1047 LF $5.50 $5,758.50
132 Concrete Curb Replacement 90 LF $30.50 $2,745.00
133 Concrete Sidewalk Replacement 360 SF $8.60 $3,096.00
134 Asphalt Roadway Replacement 142 SY $61.25 $8,697.50
135 Asphalt Driveway Replacement 93 SY $53.25 $4,952.25
136 Sod Replacement 614 SY $5.45 $3,346.30
137 Root Pruning 68 LF $9.40 $639.20
Sub-Total Items 114 - 137 $151,523.05
138 10% Contingency I LS $15,152.31 $15,152.31
NET TOTAL: $166,675.36
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a construction contract for the "Drew Street and US 19 Overpass Landscape Improvements" (05-
0004-EN) to Morelli Landscaping, Inc. of Clearwater, Florida, for the sum of $204,627.78 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
.In November of 2001 City Staff met with Florida Department of Transportation (FDOT) District Seven
officials and began negotiations for the aesthetic improvements to be implemented on FDOT's US 19 &
Drew Street Overpass Project. .FDOT District Seven allocated up to $240,000.00 in funding for landscape
improvements in conjunction with the construction or reconstruction of State Road 55 (US 19), under
FP#256957-1-54-01. These expenditures will be for landscape, irrigation and the first year's maintenance. .In
January of 2005, The City Council approved Resolution No. 05-02 authorizing the execution of a Highway
Landscape Reimbursement and Maintenance Memorandum of Agreement with the State of Florida
Department of Transportation for the Drew Street and US 19 Overpass Landscape Improvements project. . In
February of 2005, The City Council approved the Highway Landscape Reimbursement and Maintenance
Memorandum of Agreement with the State of Florida Department of Transportation for the Drew Street and
US 19 Overpass Landscape Improvements project. -The City of Clearwater's Public Works Administration
staff negotiated with FDOT, designed and prepared the necessary plans and specifications for this project in-
house. FDOT District Seven approved the construction documents and issued a Notice to Proceed with
Construction on March 27,2006. -There were two qualified bids for the Drew Street and US 19 Overpass
Landscape Improvements project. Vila and Son Landscaping of Winter Garden, FL ($262,970.00) and
Morelli Landscaping, Inc. of Clearwater, FL ($204,627 .78). -The City has agreed to maintain the landscape
and irrigation at its sole expense and in a reasonable manner. -The revitalization and landscape enhancements
of SR 55 (US 19) will leave a positive impression on visitors and residents alike. .A copy of the contract is
available in the Office of Official Records and Legislative Services for review. .Sufficient budget is available
in the Capitol Improvement Program project 0315-92272 Drew & US 19 Overpass Landscape Improvement
to fund this contract.
Type:
Current Year
Budget?:
Capital expenditure
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year
Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating
Cost:
Total Cost:
to
Appropriation
Code
0315-92272-
563500-541-000-
0000
Amount
Appropriation Comment
$204,627.78
Bid Required?:
Yes
Bid Number:
05-
0004-
EN
Other Bid /
Contract:
Bid Exceptions:
None
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
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I Drew Street and u.S. 19
I Overpass Landscape Improvements
I Project #OS-0004-EN
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CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
prepared for
~ Clearwater
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ISSUED FOR BID
May /2006
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ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
DREW STREET AND U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS
CONTRACT # 05-0004-EN
CLEARWATER, FLORIDA
Copies of the Contract Documents and Plans for this project are available for inspection and/or furchase by
prospective bidders at the Municipal Services Bldg., Public Works Administration Office, 2n Floor, 100
So. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on
MONDAY, MAY 22, 2006, until no later than close of business three days preceding the bid opening. A
charge of $60.00, none of which will be refunded, will be made for each set.
The work for which proposals are invited consists of, but is not necessarily limited to: Demolition,
earthwork, grading, paving, drainage, utilities, electrical and lighting, gas system, site furnishing,
special features, signage, landscaping an irrigation; together with all necessary appurtenances.
A MANDATORY Pre-Bid Conference for all prospective bidders will be held on MONDAY, JUNE 5,
2006 at 10:00 a.m. at the Municipal Services Building, 100 South Myrtle Avenue, First Floor, Human
Resources Training Room #130, Clearwater, Florida. Representatives of the Owner and Consulting
Engineer will be present to discuss this Proj ect.
Sealed proposals will be received by the Purchasinf Manaeer, at the Purchasine Office, located at the
Municipal Services Bide.. 100 So. Mvrtle Ave.. 3r Floor. Clearwater. Florida 33756-5520, until 1:30
P.M. on TUESDAY, JUNE 20,2006, and publicly opened and read at that hour and place for DREW
STREET AND U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN).
A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and
proposal form are available only to contractors who are able to perform work in the category of
LANDSCAPING & IRRIGATION and MAINTENANCE with a minimum pre-qualification amount
of $250,000.00. Bid acceptance will be contingent upon ability to meet City qualification standards.
Contractors are to submit their prequalification package prior to or at the bid opening with their
proposal package.
Contractors, suppliers, or others who are not pre-qualified but who may be interested as a possible
subcontractor, supplier, etc., may purchase a "Subcontractor" package consisting of plans, specifications,
and pay items worksheet.
A 10% bid bond is required for all City of Clearwater proj ects.
The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids.
The City of Clearwater, Florida
William B. Horne, II, City Manager
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SECTION II
INSTRUCTIONS
TO
BIDDERS
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
SECTION II .. ........... .... .............................. ............. ....... ... .... ............ ......... ........................ ............ i
1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1
2 QUALIFICATION OF BIDDERS ..................................................................................1
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE .................................1
4 INTERPRET A TIONS AND ADDENDA .......................................................................2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME ..... .......................... II .................. ... .................. ....... ........................... 3
7 LI Q VIDA TED DAMAGES ....................... ....... ....... .... ........ ....... ...... ........... ....... .... ......... 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 SUBCONTRACTORS ................... ......... ...... ..... ....... ...... .......... ..... ........ ........................... 3
1 0 BID/PROPOSAL FORM. .............. ..... ....... ................ ..... ......... ........................................ 4
11 SUBMISSION OF BIDS ..................................................................................................4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS .................................................................................................... 5
14 DISQ UALIFI CA TI ON OF BID DER.............................................................................. 5
15 0 PENIN G OF BIDS ......................................................................................................... 5
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5
17 IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE ............................. 6
18 AWARD OF CONTRACT ............................................................................................... 7
19 BID PROTEST .... ............................. ............. ....... ..... ...... ...... ...... ... .... ....... ..... ................... 7
20 TRENCH SAFETY ACT ................................................................................................. 8
SectionII.doc
Revised: 5/11/2005
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Section II - Instructions to Bidders
1 COPIES OF BIDDING DOCUMENTS
1.1 Complete sets of the Bidding Documents are available for the sum. stated in the
Advertisement for Bid from the Office of the Purchasing Manager. This amount represents
reproduction costs and is non-refundable. A complete bidders package containing plans,
specifications, bond forms, contract form, affidavits and bid/proposal form is available only
to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person may purchase a
"Subcontractor" package consisting of plans, specifications, and list of pay items.
1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor
the Engineer shall be liable for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents, by Bidders, sub-bidders or others.
1.3 The City, in making copies of Bidding Documents available on the above terms, does so
only for the purpose of obtaining Bids on the Work and does not confer a license or grant
any other permission to use the documents for any other purpose.
2 QUALIFICATION OF BIDDERS
2.1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the
City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial
resources and experience to perform the work in a satisfactory manner before obtaining
drawings, specifications and contract documents. An application package for pre-
qualification may be obtained by contacting the City of Clearwater, Engineering
Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-
4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street
address only) or by phone at (727) 562-4750. All qualification data must be completed and
delivered to the Director of Engineering at the above address not later than fourteen (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
do not have to make reapplication.
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions that may in
any manner affect cost, progress, performance or furnishing of the work; (c) consider and
abide by all applicable federal, state and local laws, ordinances, rules and regulations; and
(d) study and carefully correlate Bidder's observations with the Contract Documents, and
notify Engineer of all conflicts, errors or discrepancies in the Contract Documents~
3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification
of those reports of explorations and tests of subsurface conditions at the site which have
been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely
upon the accuracy of the technical data contained in such reports but not upon non-technical
data, interpretations or opinions contained therein or for the completeness thereof for the
purposes of bidding or construction. In reference to those drawings relating to physical
conditions of existing surface and subsurface conditions (except Underground Facilities)
which are at or contiguous to the site and which have been utilized by the Engineer in
preparation of the Contract Documents, bidder may rely upon the accuracy of the technical
3.3
3.4
3.5
3.6
3.7
3.8
4
4.1
Section II - Instructions to Bidders
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data contained in such drawings but not upon the completeness thereof for the purposes of
bidding or construction.
Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site are based upon information and data furnished to the
City and Engineer by owners of such Underground Facilities or others, and the City does not
assume responsibility for the accuracy or completeness thereof unless expressly provided in
the Contract Documents.
Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities, other physical conditions,
possible conditions, and possible changes in the Contract Documents due to differing
conditions appear in the General Conditions.
Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing the work in accordance with the time, price and other
terms and conditions of the Contract Documents.
On request in advance, City will provide each Bidder access to the site to conduct such
explorations and tests at Bidder's own expense as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former
condition upon completion of such explorations and tests.
The lands upon which the Work is to be performed, rights-of-way and easements for access
thereto and other lands designated for use by the Contractor in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities or storage of materials and equipment are to be provided by
the Contractor. Easements for permanent structures or permanent changes in existing
structures are to be obtained and paid for by the City unless otherwise provided in the
Contract Documents.
The submission of a Bid will constitute an unequivocal representation by the Bidder that the
Bidder has complied with every requirement of these Instructions to Bidders and that,
without exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents by such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey understanding
of all terms and conditions of performance and furnishing of the work.
INTERPRETATIONS AND ADDENDA
All questions as to the meaning or intent of the Contract Documents are to be directed to the
Engineer. Interpretations or clarifications considered necessary by the Engineer in response
to such questions will be issued by Addenda, either by mail or facsimile transmission, to all
parties recorded by the Purchasing Manager as having received the Bidding Documents.
Questions received less than ten (10) days prior to the date for opening of Bids may not be
answered. Only information provided by formal written Addenda will be binding. Oral and
other interpretations of clarifications will be without legal effect.
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4.2
5
5.1
5.2
5.3
Section 11- Instructions to Bidders
Addenda may also be issued to modify the Bidding Documents as deemed advisable by the
City or Engineer.
BID SECURITY OR BID BOND
Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in
an amount equal to ten percent (10%) of the Bidder's maximum Bid price and in the form of
a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the
requirements of the General Conditions. A cash bid bond will not be accepted.
The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Payment and Performance bonds, whereupon the
Bid Security will be returned. If the Successful Bidder fails to execute, deliver the
Agreement and furnish the required Bonds within ten (10) days after the award of contract
by the City Commission, the City may annul the bid and the Bid Security of the Bidder will
be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable
chance of receiving the award may be retained by the City until the successful execution of
the agreement with the successful Bidder or for a period up to ninety (90) days following bid
opening. Security of other Bidders will be returned approximately fourteen (14) days after
the Bid opening.
The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company
qualified to do business in, and having a registered agent in the State of Florida.
6
6.1
CONTRACT TIME
The number of consecutive calendar days within which the work is to be completed is set
forth in the Technical Specifications.
7
7.1
LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in the Contract Agreement.
8
8.1
SUBSTITUTE MATERIAL AND EQUIPMENT
The contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specif.ied in the Specifications without consideration. of possible substitute or
"or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications
that a substitute or "or equal" item may be furnished or used, application for its acceptance
will not be considered by the Engineer until after the effective date of the Contract
Agreement. The procedure for submittal of any such application is described in the General
Conditions and as supplemented in the Technical Specifications.
9
9.1
SUBCONTRACTORS
If requested by the City or Engineer, the Successful Bidder, and any other Bidder so
requested, shall, within seven (7) days after the date of the request, submit to the Engineer
an experience statement with pertinent information as to similar projects and other evidence
of qualification for each Subcontractor, supplier, person and organization to be used by the
Contractor in the completion of the Work. The amount of subcontract work shall not exceed
fifty percent (50%) of the Work except as may be specifically approved by the Engineer. If
the Engineer, after due investigation, has reasonable objection to any proposed
Section II - Instructions to Bidders
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Subcontractor, supplier, other person or organization, he may, before recommending award
of the Contract.
Agreement to the City Commission, request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. If the Successful Bidder
declines to make any such substitution, the City may award the contract to the next lowest
and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer does not make written objection prior to the recommendation of award to the
City Commission will be deemed acceptable to the City subject to revocation of such
acceptance after the Effective Date of the Contract Agreement as provided in the General
Conditions.
9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or
organization against whom he has reasonable objection.
10 BID/PROPOSAL FORM
10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in
ink or by typewriter. All blanks on the Bid/Proposal Forms must be completed. The Bidder
must state in the Bid/Proposal Form in words and numerals without delineation's, alterations
or erasures, the price for which he will perform the work as required by the Contract
Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump
sum for each section or item shall be for furnishing all equipment, materials, and labor for
completing the section or item as per the plans and contract specifications. Should it be
found that quantities or amounts shown on the plans or in the proposal, for any part of the
work, are exceeded or should they be found to be less after the actual construction of the
work, the amount bid for each section or item will be increased or decreased in direct
proportion to the unit prices bid for the listed individual items.
10.2 Bids by corporations shall be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal shall be affixed. The corporate address and state of incorporation shall be
shown below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall produce evidence satisfactory to the City of the person's authority to bind
the corporation or partnership.
10.3 Bids by partnerships shall be executed in the partnership name and signed by a general
partner, whose title shall appear under the signature and the official address of the
partnership shall be shown below the signature.
10.4 All names shall be typed or printed below the signature.
11 SUBMISSION OF BIDS
11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the
Advertisement for Bids and shall be submitted in the bid envelope provided with the bid
documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the
notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
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Section II - Instructions to Bidders
Advertisement until the time and date specified. Telegraphic or facsimile bids received by
the Purchasing Manager will not be accepted.
12 MODIFICATION AND WITHDRAWAL OF BIDS
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person
duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to
submit a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn or modified.
12.2 After a bid is received by the City, the bidder may request to modify the bid for
typographical or scrivener's errors only. The bidder must state in writing to the City that a
typographical or scrivener's error has been made by the bidder, the nature of the error, the
requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or
modify any bid.
13 REJECTION OF BIDS
13.1 To the extent permitted by applicable State and Federal laws and regulations, the City
reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds
for the rejection of a bid include but are not limited to a material omission, unauthorized
alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or
irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful
fmancial ability or fails to meet any other pertinent standard or criteria established by the
City. The City reserves the right to decide which bid is deemed to be the lowest and best in
the interest of the public.
14 DISQUALIFICATION OF BIDDER
14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists
among the bidders, the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit
contained in the Contract Documents.
15 OPENING OF BIDS
15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement
for Bids. Bidders are invited to be present at the opening of bids.
16 liCENSES, PERMITS, ROYALTY FEES AND TAXES
16.1 The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as
specifically stated otherwise in the Technical Specifications. The Contractor shall comply
with all Federal and State Laws, County and Municipal Ordinances and regulations, which
in any manner effect the prosecution of the work. City of Clearwater building permit fees
and impact fees will be waived except as specifically stated otherwise in the Technical
Specifications.
Section II - Instructions to Bidders
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16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any
construction or operation process, which is protected by patent rights except as specifically
stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be
stated by the Contractor.
16.3 The Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
The Contractor is responsible for reviewing the pertinent State Statutes involving the sales
tax and sales tax exemptions and complying with all requirements.
17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE
17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor
Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders
with drug-free workplace programs. Whenever two or more bids which are equal with
respect to price, quality, and service are received by the City for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none or all of the tied
bidders have a drug-free workplace program. In order to have a drug-free workplace
program, a contractor shall supply the City with a certificate containing the following six
statements and the accompanying certification statement:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
(2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled
substance law, of the United States, or of any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
I certify that this firm does/does not (select only one) fully comply with the above
requirements.
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18.1
18.2
18.3
18.4
19
19.1
19.2
Section II - Instructions to Bidders
AWARD OF CONTRACT
Discrepancies between words and figures will be resolved in favor of words.
Discrepancies in the multiplication of units of work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum.
In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements, unit prices, and other data as may
be requested in the Bid/Proposal form. The City may consider the qualifications and
experience of Subcontractors, suppliers and other persons and organizations proposed by
the Contractor for the Work. The City may conduct such investigations as the City
deems necessary to assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and
other persons, and organizations to perform and furnish the Work in accordance with the
Contract Documents to the City's satisfaction within the prescribed time.
If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive
Bidder whose evaluation by the City indicates to the City that the award will be in the
best interest of the City.
Award of contract will be made for that combination of base bid and alternate bid items
in the best interest ofthe City, however, unless otherwise specified all work awarded will
be awarded to only one Contractor.
BID PROTEST
RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of hislher complaints initially with
the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with
protest procedures set forth in this section.
PROTEST PROCEDURE:
A. A protest with respect to the specifications of an invitation for bid or request for
proposal shall be submitted in writing a minimum of five (5) work days prior to the
opening of the bid or due date of the request for proposal. Opening dates for bids or
due dates for requests for proposal will be printed on the bid/request document itself.
B. Protests in respect to award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated.
C. Exceptions to the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could have not been reasonably expected to have
knowledge ofthe facts giving rise to such protest prior to the bid opening, posting of
intent to award, or due date for requests for proposals. Request for exceptions
should be made in writing, stating reasons for the exception.
D. The Purchasing Manager shall respond to the formal written protest within five
business days of receipt. The Purchasing Manager's response will be fully
Section II - Instructions to Bidders
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coordinated with the appropriate Department Director and the Assistant City
Manager.
E. If the protestor is not satisfied with the response from the Purchasing Manager,
he/she may then submit in writing within five business days of receipt of that
response hislher reason for dissatisfaction, along with copies of hislher original
formal protest letter and the response from the Purchasing Manager, to the City
Manager.
F, The City Manager as Purchasing Agent for the City has the [mal authority in the
matter of protests. The City Manager will respond to the protestor within ten work
days of receipt of the appeal.
19.3 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the
Purchasing Manager shall not proceed with the solicitation or award of contract until all
administrative remedies have been exhausted or until the City Manager makes written
determination that the award of contract without delay is necessary to protect the best
interest of the City.
20 TRENCH SAFETY ACT
20.1 The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections
553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and
Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650
Subparagraph P, or current revisions of these laws.
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SECTION III
GENERAL
CONDITIONS
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SECTION III
GENERAL CONDITIONS
Table of Contents:
SECTION III.. .............. ... ........ ... ................. ............. ...... ... ...................... .............. ........... .............. i
GENERAL CONDITIONS.......... .......... ........................................................ ............ ......... ........ i
1 DEFINITIONS.. ............ ........... ................................ ......................... ...... ........ ..... ............. 1
2 PRELIMINARY MA TTERS........................................................................................... 4
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 4
2.2 COPIES OF DOCUMENTS........... ................... ........ ........... ......... ............ ......... ...... ....... 4
2.3 COMMENCEMENT OF CONTRACT TIME/NOTIcE TO PROCEED; STARTING
THE PROJECT............... .... ..................................... ............ ................ ............................ 4
2.4 BEFORE STARTING CONSTRUCTION ..................................................................... 5
2.5 PRECONSTRUCTION CONFERENCE. ......... ................... ............... .... ........................ 5
3 CONTRACT DOCUMENTS, INTENT ......................................................................... 5
3.1 INTENT........................... .... ....... ............. ............ ............ ............... ............ ............. ........ 5
3.2 REPORTING AND RESOLVING DISCREPANCIES ..................................................6
4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS. ..... .................... .......... ........ ............. .............. ............... .... ... ....... 6
4.1 AVAILABILITY OF LANDS.... ..... ........ ...... ............................ ..... .............. ................... 6
4.2 INVESTIGATIONS AND REPORTS.... ......... ..................... ....... ............... ........... ......... 6
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ..................................... 7
4.4 REFERENCE POINTS ...... ...... ......... .................................................... ........... .... ..... ....... 7
5 BONDS AND INSURANCE ............................................................................................ 7
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................... 7
5.2 INSURANCE.................. ............................................. ............. ..... ........................... ....... 8
5.2.1 WORKER'S COMPENSATION 1NSURANCE........................................................... 9
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE.............................. 9
5.2. 3 COMPREHENSIVE AUTO MOBILE LIABILITy.................................................... 10
5 .3 WAIVER OF RIGHTS ...................................... ........... ............. ................... ................. 10
6 CONTRA CTORS RESPONSIBILITIES ..................................................................... 11
6.1 SUPERVISION AND SUPERINTENDENCE ............................................................. 11
6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 11
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 12
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 12
6.5 USE OF PREMISES..................... ........... .... ................ ........... ....... ....... ......... ........... ..... 13
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ................................... 14
6. 7 LAWS AND REGULATIONS...... ................................................................................ 14
6.8 PERMITS............. ...................................................................... ...... .............................. 14
6.9 SAFETY AND PROTECTION........ ........................................ ....... .............................. 15
6.10 EMERGENCIES.. ......... ...................................................... ........ ............. ...................... 15
6.11 DRAWINGS .......... ............ ...................................... ......... ....................... ...................... 16
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Section III - General Conditions
6.11.1 SHOP DRA WINGS AND SAMPLES...................... ............... ........... .................. ..... 16
6.11.2 AS-BUILT DRA WINGS... ...... ......... ... ...... .................... ... .... ..... ................. ....... ......... 17
6.11.3 CAD STANDARDS................................................................................................... 19
6.11.4 DELIVERABLES:.................................................................................................... 20
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 21
6.13 CONTINUING THE WORK ..... ...... ........... ...... .............. .............. ..... ............... ............ 21
6.14 INDEMNIFICATION....... ........................... ...... .......................... ....... ......... ............. ..... 21
7 OTHER WORK .......................... ...................................... ....... ........... .................. .... ...... 22
7 .1 RELATED WORK AT SITE. .............. .......................... ...................... ......................... 22
7 .2 COORDINATION ................ ............... ................... ........... ........... .......... ....................... 23
8 OWNERS RESPONSIBILITy........ ... .............. .... ....................... ......................... ...... ... 23
9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 23
9.1 OWN"ERS REPRESENTATIVE ................ .......... .......................... .......... .............. ....... 23
9.2 CLARIFICATIONS AND INTERPRETATIONS........................................................ 24
9.3 REJECTING OF DEFECTIVE WORK ........................................................................ 24
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS ..................................24
9.5 DECISIONS ON DISPUTES ........... ...................... ............................. .............. ............ 24
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ........................................... 25
10 CHANGES IN THE WORK..........................................................................................25
11 CHANGES IN THE CONTRACT PRICE................................................................... 26
11.1 CHANGES IN THE CONTRACT PRICE.................................................................... 26
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 27
11.3 UNIT PRICE WORK ....................................................................................................27
12 CHANGES IN THE CONTRACT TIME .................................................................... 28
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK................................... ........ .... ....... .... ....... ...................... .... .... 28
13.1 TESTS AND INSPECTION ............... ............. ............ .... ......... ......... ...... ...................... 28
13.2 UNCOVERING THE WORK ....... ..... ............. ....... ........................... ...................... ...... 29
13.3 ENGINEER MAY STOP THE WORK ........................................................................ 29
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 30
13.5 WARRANTY/CORRECTION PERIOD ......................................................................30
13.6 ACCEPTANCE OF DEFECTIVE WORK ...................................................................30
13.7 OWN"ER MAY CORRECT DEFECTIVE WORK ....................................................... 30
14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 31
14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 31
14.2 CONTRACTOR'S WARRANTY OF TITLE ............................................................... 32
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAyMENTS................................ 32
14.4 PARTIAL UTILIZATION........ ..... ............................. ........ ..................... ..... ................ 33
14.5 FINAL INSPECTION ........... ...... .................. ................ .................. ......... ....... .............. 33
14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 33
14.7 FINAL PAYMENT AND ACCEPTANCE................................................................... 34
14.8 WAIVER OF CLAIMS ................ ............ ...................... ............... ............... .......... .'...... 34
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION .................................................... 35
15.1 OWNER MAY SUSPEND THE WORK...................................................................... 35
15.2 OWNER MAY TERMINATE ...................................................................................... 35
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 36
16 DISPUTE RESOLUTION...... ..... ... ................ ........ ..... ............. ..... ................ ..... ............ 36
17 MISCELLANEOUS ............. ... .... ............... .... ... ........ ....... ...... .... ...... .......... ......... .... ....... 37
17.1 SUBMITI AL AND DOCUMENT FORMS........ .................... ........... ............. ............. 37
17.2 GIVING NOTICE... ............ ................................... .............................. ..... ....... .............. 37
17.3 NOTICE OF CLAIM.. ............ ...................................................... ....... ........ ....... ........... 37
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37
17.5 ASSIGNMENT OF CONTRACT ................................................................................. 37
17 .6 RENEWAL OPTION ................... ................................ ........ .......... .......... ..................... 37
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Section III - General Conditions
1 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of Bids which clarify, correct
or change the Bidding Requirements or the contract documents.
Agreement
The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Application for Payment
The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
Approve
The word approve is defined to mean satisfactory review of the material, equipment or
methods for general compliance with the design concepts and with the information given
in the Contract Documents. It does not imply a responsibility on the part of the Engineer
to verify in every detail conformance with the Drawings and Specifications.
Bid
The offer or proposal ofthe bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
Bidding Documents
The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the
proposed Contact Documents (including all Addenda issued prior to receipt of Bids).
Bonds
Performance and payment bonds and other instruments of security.
Change Order
A written order to Contractor signed by Owner and Contractor authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued on or after the effective date of the Agreement.
City
The City of Clearwater, Florida.
Contract Documents
The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the bid and any post-Bid documentation
submitted prior to the execution of the Agreement) when attached as an exhibit to the
Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits
identified in the Agreement, together with all Modifications issued after the execution of
the Agreement.
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for performing the Work.
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Section III - General Conditions
Contract Time
The number of days or the date stated in the Agreement for the completion of the Work.
Contractor
The Person with whom the Owner has entered into the Agreement.
Day
A calendar day of twenty-four hours measured from midnight to the next midnight.
Defective
An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to Engineers recommendation of final
payment.
Drawings
The drawings, which will be identified in Technical Specifications or the Agreement,
which show the character and scope of the Work to be performed and which have been
prepared or approved by Engineer and are referred to in the contract documents. Shop
drawings are not Drawings as so defined.
Engineer
The duly appointed representative of the City Manager of the City of Clearwater. For the
purposes of this contract, the City Engineer or his duly appointed representative.
Engineer's Consultant
A Person having a contract with Engineer to furnish services as Engineer's independent
professional associate or consultant with respect to the Project and who is identified as
such in the Supplementary Conditions.
Furnish
The words "furnish", "furnish and install", "install", and "provide" or words of similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and
install complete in place and ready for service".
Inspection
The term "inspection" and the act of inspecting means examination of construction to
ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseemg.
Laws and Regulations
Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind
of governmental bodies, agencies, authorities and courts having jurisdiction.
Liens
Liens, charges, security interests or encumbrances upon real property or personal
property.
Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
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Section II1- General Conditions
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
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Section III - General Conditions
Surety
Any person, firm or corporation which is bound with Contractor and which engages to be
responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
Underground Facilities
All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or treatment, traffic or other control systems or
water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Work
The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work includes and is the result
of performing or furnishing labor and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing documents, all as
required by the Contract Documents.
Work Change Directive
A written directive to Contractor, issued on or after the Effective Date of the Agreement
and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be
performed or emergencies. Work Change Directive will not change the Contract Price or
Contract Time, but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
2 PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this
contract.
2.2 COPIES OF DOCUMENTS
Engineer shall furnish to Contractor four copies of Contract Documents for execution.
Additional copies will be furnished, upon request, at the cost of reproduction.
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO
PROCEED; STARTING THE PROJECT
The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor
shall start to perform the work on the date the Contract Time commences to run. No work shall
be done at the site prior to the date which the Contact Time commences to run.
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2.4 BEFORE STARTING CONSTRUCTION
Before undertaking each part of the Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or
discrepancy which Contractor may discover; and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work effected thereby; however,
Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in
the Drawings or Specifications, unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer,
either before or after the execution of this Contract, shall affect or modify any of the terms or
obligations herein contained. Contractor shall not commence any work at any time without
approved insurance required by these General Conditions. Failure to obtain this insurance will be
the sole responsibility of the Contractor.
2.5 PRECONSTRUCTION CONFERENCE
Within twenty days of Award of Contract and before the start of the Work, the Engineer may
schedule a conference to be attended by Contractor, Engineer and others as appropriate to
establish a working understanding among the parties as to the Work and to discuss the schedule
of the Work and general Contract procedures.
3 CONTRACT DOCUMENTS, INTENT
3.1 INTENT
The Contract Documents comprise the entire Agreement between the Owner and the Contractor
concerning the Work. They may be altered only by written agreement. The Contract Documents
are complementary; what is called for by one is as binding as if called for by all. It is the intent of
the Contract Documents to describe a functionally complete project (or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment
which may reasonably be inferred from the Contract Documents or from prevailing custom or
from trade usage as being required to produce the intended result will be furnished and
performed whether or not specifically called for. When words or phrases, which have a well-
known technical or construction industry or trade meaning, are used to describe Work, materials
or equipment, such words or phrases shall be interpreted in accordance with that meaning.
Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.
Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any governmental authority, whether such
reference be specific or by.implication, shall mean the latest standard specification, manual or
code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated in the Contract Documents. However, no provision of any referenced standard
specification, manual or code (whether or not" specially incorporated by reference in the
responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the
duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the Contract
shall be issued by Engineer. Each and every provision of law and clause required by la'Y to be
inserted in these Contract documents shall be deemed to be inserted herein, and they shall be
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read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 AVAilABiliTY OF lANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 AVAILABILITY OF LANDS
Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be Performed, rights-of-way, easements for access thereto, and such other lands which are
designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which contractor
will have to comply in performing the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided
in the Contract Documents.
4.2 INVESTIGATIONS AND REPORTS
Reference is made to the Supplementary Conditions and Technical Specifications for
identification of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparation of the Drawings and Specifications. Such
reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions at the site, or in an existing structure, differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise if further investigation or tests are necessary. Owner or Engineer shall
obtain the necessary additional investigations and tests and furnish copies to the Engineer and
Contractor. If Engineer finds that the results of such investigations or tests indicate that there are
subsurface or latent physical conditions, which differ materially from those, indicated in the
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contract Documents, and which could not reasonably have been anticipated by Contractor, a
work change or Change Order will be issued incorporating the necessary revisions.
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES
The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data furnished to
Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise
expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for
the accuracy or completeness of any such information or data; and the cost of all the following
will be included in the Contract Price and contractor shall have full responsibility for: (i)
reviewing and checking all such information and data, (ii) locating all Underground Facilities
shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of
such Underground Facilities during construction, and (iv) the safety and protection of all such
Underground Facilities and repairing any damage thereto resulting from the Work. The
Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER
prior to any excavation per State regulations and to notify any utility owners who are not a
member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any
excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the
protection and location of utilities prior to any excavation and contact number is available in
local telephone directory.
4.4 REFERENCE POINTS
Engineer shall provide engineering surveys to establish reference points for construction, which
in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and shall make no changes or relocations without the prior written approval of Owner.
Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's forces, after initial line and grade have been set, as determined by the
Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be
computed for actual time on the project. All time shall be computed in one-hour increments with
a minimum charge of one hour.
5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
Contractor's obligations under the Contract Documents. These bonds shall remain in effect at
least one year after the date when final payment becomes due, unless a longer period of time is
prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish
such other Bonds as are required by the Supplementary Conditions~ All Bonds shall be in the
form prescribed by the Contract Documents and shall be executed by such sureties as are named
in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on
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Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of such
agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section
255.05, Florida Statutes, even if such language is not directly contained within the bond and the
Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves
the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any
part of the Project is located or it ceases to meet the requirements of these Contract Documents,
the Contractor shall within five days after notice thereof substitute another Bond and surety, both
of which must be acceptable to the Owner.
5.2 INSURANCE
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of or result from Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed or
furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily
injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees; (iv) Claims for damages insured by customary personal injury liability
coverage which are sustained by any person as a result of an offense directly or indirectly related
to the employment of such person by Contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of inj ury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with
copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured)
which Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity
obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days prior written notice has been given to the Owner, and Contractor and to each
other additional insured identified in the Supplemental Conditions to whom a certificate of
insurance has been issued (and the certificates of insurance furnished by the Contractor as
described in this paragraph); (v) remain in effect at least until final payment and at all times
thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Article for Correction of Defective Work; (vi) with respect to completed
operations insurance, and any insurance coverage written on a claims-made basis, shall remain in
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effect for at least two years after final payment. Contractor shall furnish Owner and each other
additional insured identified in the Supplementary Conditions to whom a certificate of insurance
has been issued evidence satisfactory to Owner and any such additional insured, of continuation
of such insurance at final payment and one year thereafter and (vii) Name and telephone number
of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required shall provide coverage for not less than the
following amounts or greater where required by laws and regulations:
5.2.1
WORKER'S COMPENSATION INSURANCE
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Workers' Compensation Statutory Statutory
(2) Employer's Liability $500,000. $1,000,000.
5.2.2
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(2) Property DaIllage: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
employment exclusion deleted Aggregate Aggregate
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Section III - General Conditions
5.2.3
COMPREHENSIVE AUTOMOBILE LIABILITY
including all owned (private and others), hired and non-owned vehicles:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Property Damage $500,000. Each $1,000,000. Each
Occurrence Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less than required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval from the Owner.
Lone:shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment of
benefits under the Act either by insuring with an insurance carrier authorized by the U.S.
Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
For General Contractors: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to his employees of the compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Article on Insurance
will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or
additional insured in such policies and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors, employees and agents for all losses and
damages caused by, arising out of or resulting from any of the perils covered by such policies
and any other property insurance applicable to the work; and, in addition, waive all such rights
against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the
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rights that any party making such waiver may have to the proceeds of insurance otherwise
payable under any policy so issued. In addition, Owner waives all rights against Contractor,
Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and
agents of any of them for: (i) loss due to business interruption, loss of use or other consequential
loss extending beyond direct physical loss or damage to Owner's property or the Work caused
by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii)
loss or damage to the completed Project or part thereof caused by, arising out of or resulting
from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by Owner during partial utilization, after substantial completion or after
final payment.
6 CONTRACTORS RESPONSIBiliTIES
6.1 SUPERVISION AND SUPERINTENDENCE
Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction, but Contractor shall not
be responsible for the negligence of others in the design or specification of a specific means,
method, technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only competent persons to do the work and whenever Engineer shall
notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful,
disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall
not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as
a result of overtime work in excess of the regular working hours or on the Owner's normally
approved holidays. At Owner's option, overtime costs may either be deducted from the
Contractor's monthly payment request or deducted from the Contractor's retention prior to
release of final payment or the Engineer may elect to receive a monthly check from the
Contractor in the amount of the overtime costs. Minimum number of chargeable hours for
inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per
hour shall be $40.00 per hour.
Contractor shall provide and maintain in a neat and sanitary condition, such sanitary
accommodations for the use of Contractor's employees as may be necessary to comply with the
requirements of Laws and Regulations and the Engineer.
6.2 LABOR, MATERIALS AND EQUIPMENT
Contractor shall provide competent, suitably qualified personnel to survey, layout and construct
the work as required by the Contract Documents. Contractor shall at all times maintain good
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Section III - General Conditions
discipline and order at the site. Except as otherwise required for the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated
in the Contract Documents, all work at the site shall be performed during regular working hours
and Contractor will not permit overtime work or the performance of work on Saturday, Sunday,
or any legal holiday without Owner's consent given after prior notice to Engineer.
Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion ofthe Work.
All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish
satisfactory evidence (including reports of required tests) as to the quality of materials and
equipment. The Contractor shall provide suitable and secure storage for all materials to be used
in the Work so that their quality shall not be impaired or injured. Materials that are improperly
stored, may be rejected by the Engineer without testing.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent or
"or equal" item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an
item of material or equipment proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may be considered by
Engineer for approval. If in the Engineer's sole discretion an item of material or equipment
proposed by Contractor does not qualify as an "or equal" item, it may be considered as a
proposed substitute item. Contractor shall submit sufficient information as required by the
Engineer to allow the Engineer to determine that the item of material or equipment proposed is
essentially equivalent to that named and is an acceptable substitute therefore. Request for review
of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other
than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a determination.
All data provided by Contractor in support of any proposed substitute or "or equal" item will be
at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or
submittal made per this paragraph. Engineer will be sole judge of acceptability.
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND
OTHERS
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers and other persons performing or furnishing any of the work under a
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direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor,
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating
the work of Subcontractors, Suppliers and other persons performing or furnishing any of the
work under a direct or indirect contract with Contractor. Contractor shall require all
Subcontractors, Suppliers and such other persons performing or furnishing any of the work to
communicate with the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the
work to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 USE OF PREMISES
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of works to the site and land areas identified in and permitted by the Contract
Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be made by any such owner or occupant
because of the performance of the Work, Contractor shall promptly settle with such other party
by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in
or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify
and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors,
employees and agents from and against all claims, costs, losses and damages arising out of or
resulting from any claim or action, legal or equitable, brought by any such owner or occupant
against Owner, Engineer or any other party indemnified hereunder to the extent caused by or
based upon Contractor's performance of the Work.
During the progress of the Work, Contractor shall keep the premises free from accumulations of
waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work or at intervals established by the Engineer, Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction
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equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the work or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the Contract Documents for use in
the performance of the work and if to the actual knowledge of Owner or Engineer its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and against all claims, costs, losses and
damages arising out of or resulting from any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in
accordance with the Laws and Regulations of the State of Florida and other governmental
agencies, which are applicable during the performance of the work.
6.7 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any
work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor
shall bear all claims, costs, losses and damages caused by or arising out of such work: however,
it shall not be Contractor's primary responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations to Owner to report and resolve discrepancies as described above.
6.8 PERMITS
Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time of opening of Bids.
Contractor shall pay all charges of utility owners for connections to the work, and Owner shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will
be waived.
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6.9 SAFETY AND PROTECTION
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i)
all persons on the work site or who may be affected by the work, (ii) all the Work and materials
and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction. In the event of temporary suspension of the work,
or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause
Subcontractors, to protect carefully the Work and materials against damage or injury from the
weather. If, in the opinion of Engineer, any portion of Work or materials shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so
protect the Work, such Work and materials shall be removed and replaced at the expense of
Contractor. The Contractor shall initiate and maintain an accident prevention program which
shall include, but shall not be limited to the establishment and supervision of programs for the
education and training of employees in the recognition, avoidance and prevention of unsafe
conditions and acts. Contractor shall provide first aid services and medical care to his employees.
The Contractor shall develop and maintain an effective fire protection and prevention program
and good housekeeping practices at the site of contract performance throughout all phases of
construction, repair, alteration or demolition. Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous conditions. The
Engineer may order that the work stop if a condition of immediate danger to Owner's employees,
equipment or if property damage exists. This provision shall not shift responsibility or risk of
loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall
remain solely responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of Contract performance. The Contractor shall instruct his
employees required to handle or use toxic materials or other harmful substances regarding their
safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians
and motorists from harm, and to prevent disruptions of such traffic due to construction activity.
Contractor shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for safety of persons or property and to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and of Underground Facilities and utility owners when
prosecution of the work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to any property
caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any
other person or organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and Engineer has issued a notice to Owner
and Contractor that the Work is acceptable.
6.10 EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, Contractor, with or without special instruction or authorization from Owner or
Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer
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Section III - General Conditions
prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.11 DRAWINGS
6.11.1 SHOP DRAWINGS AND SAMPLES
Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the
Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to show Engineer the materials and equipment Contractor proposes to
provide and to enable Engineer to review the information. Contractor shall also submit Samples
to Engineer for review and approval. Before submitting each Shop Drawing or Sample,
Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions,
specified performance criteria, installation requirements, materials, catalog numbers and similar
information with respect thereto, (ii) all materials with respect to intended use, fabrication,
shipping, handling, storage, assembly and installation pertaining to the performance of the Work,
and (iii) all information relative to Contractor's sole responsibilities in respect to means,
methods, techniques, sequences and procedures of construction and safety precautions and
programs incident thereto. Contractor shall also have reviewed and coordinated each Shop
Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work
and the Contract Documents. Each submittal will bear a stamp or specific written indication that
Contractor has satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review and approval of that submittal. At the time of submission, Contractor shall
give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the Contract Documents, such notice to be in a
written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to Engineer for review and
approval of each such variation.
Engineer's review and approval of Shop Drawings and Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated the Contract Documents. Engineer's
review and approval will not extend to means, methods, techniques, sequences or procedures of
construction (except where a particular means method, technique, sequence or procedure of
construction is specifically and expressly' called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. Contractor shall make
corrections required by Engineer, and shall return the required number of corrected copies of
Shop Drawings and submit as required new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than the corrections called for by Engineer
on previous submittals.
Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless
Contractor has in writing called Engineer's attention to each such variation at the time of
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submission and Engineer has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor
will any approval by the Engineer relieve the Contractor from responsibility for complying with
the requirements of paragraph above discussing field measurements by the Contractor.
6.11.2 AS-BUILT DRAWINGS
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order
and legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes
or deviations which may vary from the details represented on the original Contract Plans,
including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the
construction process. The Contractor shall record the horizontal and vertical locations, in the
plan and profile, of all buried utilities that differ from the locations indicated or which were not
indicated on the Contract Plans and buried (or concealed), construction and utility features which
are revealed during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress of the Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance
with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests.
The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-
Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for
approval upon completion of the project and prior to acceptance of final pay request.
Prior to placing new potable water mains in service, the Contractor shall provide the Engineer
intersection drawings, as specified for the water mains.
The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness ofthe As-Built Drawings.
6.11.2.1
General
The Contractor/Consultant shall prepare an "AS-BUILT SURVEY" per chapter 6lG17-6,
Florida Administrative Code (see definition below), signed and sealed by a Florida registered
land surveyor. Two hard copies of signed and sealed as-builts and an AutoCAD file will be
provided for this purpose.
Definition: 6lGI7-6.002(8)(a) As-Builts Survey: a survey performed to obtain horizontal and/or
vertical dimensional data so that constructed improvements may be located and delineated: also
know as Record Survey.
This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida
registered land surveyor. The survey must be delivered to the City of Clearwater Construction
Division upon substantial completion of the project. If this condition is not met, the City will
procure the services of a Professional Surveyor and Mapper registered in the State of Florida and
will back charge the contractor a fee of$I,800 per day or any portion thereof to provide the City
with the required As-Built Survey.
6.11.2.2 Sanitary and Storm Sewer Piping Systems
1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation)
based on the approved horizontal and vertical datum or utilize the stationing supplied on the
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construction plans. New sanitary service connections and replaced sanitary service
connections shall be dimensioned to the nearest downstream manhole. All manholes,
cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions,
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
2. Pipe materials and areas of special construction shall be noted.
6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain)
All pipes shall be located by survey coordinates (northing, easting and elevation) based on the
approved horizontal and vertical datum or utilize the stationing supplied on the construction
plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new
and replaced service connections for potable and reclaimed water will be located as described
above. Additionally there must be survey coordinates no further than 100 feet apart on linear
type construction and shall denote top of pipe elevation at those points.
6.11.2.4 Electrical and Control Wiring
The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects where
this information is too voluminous to be contained on the blueline prints, the Contractor shall
prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional
conduit runs, 1-line diagraIlls, ladder diagraIlls, and other information. The wiring schematic
diagraIlls shall show termination location and wiring identification at each point on the ladder
diagram.
6.11.2.5
Horizontal and Vertical Control
The As-Built survey shall be based on the original datum used for the construction design plans
or if required by the City the datum shall be referenced to the North American Datum of 1983/90
(horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be
the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical),
must be approved by the City of Clearwater Engineering Department.
6.11.2.6
Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61G17 and the
Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that
pertain to the as-built survey it is the requirement of the City to have minimum location points at
every change in direction and no more than 100 feet apart on all pressure pipes.
6.11.2.7
Other
The As-Built drawings shall reflect any differences from the original Contract Plans, in the same
level of detail and units of dimensions as the Plans.
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Section III - General Conditions
6.11.3
6.11.3.1
6.11.3.1.1
CAD STANDARDS
Layer Naming
Prefixes and Suffixes
DI prefix denotes digitized or scanned entities
EP prefix denotes existing points - field collected
EX prefix denotes existing entities - line work and symbols
PR prefix denotes proposed entities - line work and symbols
FU prefix denotes future entities (proposed but not part of this contract) -line
work and symbols
,
TX suffix denotes text - use for all text, no matter the prefix
6.11 3 1 2
. . . a\ er am '"g e 1m Ions:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
DRIVE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOES LOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
L
N
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Section III - General Conditions
WALL walls, except seawall
SHORE shoreline, water elevation
CL centerline of road
CLD centerline of ditch
CLS centerline of swale
CORNER property corners, monumentation
BENCH benchmark, temporary benchmarks
Other layers may be created as required, using above format.
6.11.3.2 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, bylayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text
height of .010 times the plot scale.
6.11.4 DELlVERABLES:
The as-built survey shall be produced on stable based Mylar or vellum material, 24" x 36" at a
scale of 1" = 20' unless approved otherwise. The consultant shall deliver all drawing files in
digital format with all project data in Land Development Desktop (LDD) RI or later, including
all associated dependent files. When LDD is not available, upon approval by the City of
Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing
and dependent files. The ASCII file shall be a comma or space delimited containing code, point
number, northing, easting, elevation and description for each data point. Example below space
delimited ASCII file:
POINT #
284
NORTHING
1361003.838
EASTING
264286.635
ELEV
25.00
DESC
BCV
or Comma Delimited ASCII File:
284,361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release 2000 drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the
consultant shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting.
The drawing file shall include only authorized fonts, shapes, line types or other attributes
contained in the standard AutoDesk, Inc. release. All block references and references
contained within the drawing file shall be included.
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Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email
address TomMahony@myClearwater.com
6.12 CONTRACTOR1S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
thereof by action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of final acceptance".
Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal usage for any portion of the Work,
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any
acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of Acceptance by the Engineer.
6.13 CONTINUING THE WORK
Contractor shall carryon the work and adhere to the progress schedule during all disputes or
disagreements with Owner. No work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as Owner or Contractor may otherwise agree in writing.
6.14 INDEMNIFICATION
Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the
officers, directors, employees, agents and other consultants of each and any of them from and
against all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) caused by, arising out of or resulting from the performance of the Work,
provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the work itself),
including the loss of .use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or
indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or
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omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of the negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor
shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so
settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such
account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall
indemnify and save harmless Owner against any such claim. In any and all claims against Owner
or Engineer or any of their respective consultants, agents, officers, directors, or employees by
any employee (or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any
Supplier, any person directly or indirectly employed by any of them to perform or furnish any of
the work, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such Sub-contractor,
Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts. The indemnification obligations of Contractor under this
paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers,
directors, employees, or agents caused by the professional negligence, errors or oinissions of any
of them.
7 OTHER WORK
7.1 RELATED WORK AT SITE
Owner may perform other work related to the Project at the site by Owner's own forces, or let
other direct contracts therefore which shall contain General Conditions similar to these, or have
other work performed by utility owners. If the fact that such other work is to be performed was
not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor
prior to starting any such other work, and (ii) Contractor may make a claim therefore if
Contractor believes that such performance will involve additional expense to Contractor or
requires additional time and the parties are unable to agree as to the amount or extent thereof.
Contractor shall afford each other contractor who is a party to such a direct contract and each
utility owner (and Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly connect and
coordinate the work with theirs. Unless otherwise provided in the Contract Documents,
Contractor shall do all cutting, fitting and patching of the work that may be required to make its
several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Engineer and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit
of such utility owners and other contractors to the extent that there are comparable provisions for
the benefit of Contractor in said direct contracts between Owner and such utility owners and
other contractors. Should the Contractor cause damage to any other contractor on the Project, the
contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if
he will so settle. If such other contractor sues the Owner on account of any damage alleged toohave been so sustained, the Owner shall notify the Contractor, who shall defend such
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proceedings at his own expense, and if any judgment against the Owner arises therefrom the
Contractor shall payor satisfy the judgment and pay all costs incurred by the Owner.
If the proper execution or results of any part of Contractor's work depends upon work performed
by others under this Article. Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's work except for latent or nonapparent defects and deficiencies in
such other work.
7.2 COORDINATION
If Owner contracts with others for the performance of other work on the Project at the site, the
following will be set forth in the Scope of Work: (i) the person who will have authority and
responsibility for coordination of the activities among the various prime contractors will be
identified; (ii) the specific matters to be covered by such authority and responsibility will be
itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless
otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility in respect of such coordination.
8 OWNERS RESPONSIBiliTY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work in accordance with the
Contract Documents.
9 ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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construction are set forth in the Contract Documents and shall not be extended without written
consent of Owner and Engineer.
9.2 CLARIFICATIONS AND INTERPRETATIONS
Engineer will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer
may determine necessary, which shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and interpretations will be binding on
Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies
an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to
the amount or extent thereof, if any, Contractor may make a written claim therefore as provided
in the Articles for Change of Work and Change of Contract Time.
9.3 REJECTING OF DEFECTIVE WORK
Engineer will have authority to disapprove or reject Work which Engineer believes to be
defective, or that Engineer believes will not produce a completed Project that conforms to the
Contract Documents or that will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. Engineer will also have
authority to require special inspection or testing of the Work whether or not the Work is
fabricated, installed or completed.
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS
In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop
Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the
articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's
authority as to Applications for Payment, see the articles on Payments to Contractor and
Completion.
9.5 DECISIONS ON DISPUTES
Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder. Claims, disputes and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Co"ntract Documents
pertaining to the performance and furnishing of the work and Claims under the Articles for
Changes of Work, Changes of Contract Time and Changes of C~:mtract Price will be referred
initially to Engineer in writing with a request for a formal decision in accordance with this
paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
claimant to Engineer and the other party to the Agreement promptly (but in no event later than
thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to Engineer and the other party within sixty days after the start of such
occurrence or event unless Engineer allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to Engineer and the claimant within thirty days after receipt of
the claimant's last submittal (unless Engineer allows additional time). Engineer will render a
formal decision in writing within thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or
other matter will be final and binding upon Owner and Contractor unless (i) an appeal from
Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time
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which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for
the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into,
a written notice of intention to appeal from Engineer's written decision is delivered by Owner or
Contractor to the other and to Engineer within thirty days after the date of such decision and a
formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws and Regulations within sixty days of
the date of such decision, unless otherwise agreed in writing by Owner and Contractor.
When functioning as interpreter and judge, Engineer will not show partiality to Owner or
Contractor and will not be liable in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by Engineer with respect to any such
claim, dispute or other matter will be a condition precedent to any exercise by Owner or
Contractor of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such claim, dispute or other matter
pursuant the Article on Dispute Resolution.
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
Neither Engineer's authority or responsibility under this paragraph or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise or performance of any
authority or responsibility by Engineer shall create, impose or give rise to any duty owed by
Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to
any surety for or employee or agent of any of them.
Engineer will not supervise, direct, control or have authority over or be responsible for
Contractor's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the work. Engineer will not be
responsible for Contractor's failure to perform or furnish the work in accordance with the
Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the work.
Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by the
Contractor will only be to determine generally that their content complies with the requirements
of the Contract Documents and, in the case of certificates of inspections, tests and approvals that
the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10 CHANGES IN THE WORK
Without invalidating the Agreement and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions
or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work
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involved which will be performed under the applicable conditions of the Contract Documents
(except as may otherwise be specifically provided).
If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Time that should be allowed as a result of a
Work Change Directive, a claim may be made therefore as provided in these General Conditions.
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Time with respect to any Work performed that is not required by the Contract
Documents as amended, modified and supplemented as provided in these General Conditions
except in the case of an emergency as provided or in the case of uncovering work as provided in
article for Uncovering Work.
Owner and Contractor shall execute appropriate Change Orders or Written Amendments
recommended by Engineer covering:
changes in the work which are (i) ordered by Owner (ii) required because of acceptance of
defective work under the article for Acceptance of Defective Work or correcting defective
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
11 CHANGES IN THE CONTRACT PRICE
11.1 CHANGES IN THE CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to Contractor for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by Contractor shall be at Contractor's expense without change in the
Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice
of claim stating the general nature of the claim, to be delivered by the party making the claim to
the other party and to Engineer promptly (but in no event later than thirty days) after the start of
the occurrence or event giving rise to the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or event
(unless Engineer allows additional time for claimant to submit additional or more accurate data
in support of the claim) and shall be accompanied by claimant's written statement that the
claimed adjustment covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not
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submitted in accordance with this paragraph. The value of any Work covered by a Change Order
or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where
the Work involved is covered by unit prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved (ii) where the Work involved is not
covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum
(which may include an allowance for overhead and profit), (iii) where the Work is not covered
by unit prices contained in the Contract Documents and agreement is reached to establish unit
prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be furnished and performed for such
sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances
include the cost to Contractor (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and (ii)
Contractor's costs for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included' in the Contract
Price and not in the allowances and no demand for additional payment on account of any of the
foregoing will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances and all the
Work actually performed by the Contractor, and the Contract Price shall be correspondingly
adjusted.
11.3 UNIT PRICE WORK
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit price for each separately identified item of unit price work times
the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may
make a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price
Work performed by Contractor differs materially and significantly from the estimated quantity of
such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment
with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors
to provide adequate unit quantities to satisfactorily complete the construction of the project. It is
expected that in the normal course of project construction and completion that not all unit
quantities will be used in their entirety and that a finalizing change order which adjusts contract
unit quantities to those unit quantities actually used in the construction of the project will result
in a net decrease from the original Contract Price. Such reasonable deduction of final Contract
Price should be anticipated by the Contractor in his original bid.
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12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written notice delivered by the party making the claim to the other party and to Engineer
promptly (but in no event later than thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice of the extent of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless Engineer
allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement that the adjustment claimed is the entire
adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined
by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not
submitted in accordance with the requirements of this paragraph.
All time limits stated in the Contract Documents are of the essence of the Agreement.
Where Contractor is prevented from completing any part of the work within the Contract Time
(or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones)
may be extended in an amount equal to the time lost due to such delay if a claim is made
therefore as provided in the article for Changes in the
Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by
Owner, acts of utility owners or other contractors performing other work as contemplated by the
article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of
the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee
or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of Contractor, or (ii) delays beyond the control of both parties including but
not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility
owners or other contractors performing other work as contemplated by paragraph for Other
Work.
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 TESTS AND INSPECTION
Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
Contractor shall employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. The costs for these
inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in
the Contract Documents.
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If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such
public body including all City Building Departments and City Utility Departments, Contractor
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish Engineer the required certificates of inspection
or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will
be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all
costs in connection with any inspections, tests or approvals required for Owner's and Engineer's
acceptance of materials or equipment to be incorporated in the Work, or of materials, mix
designs, or equipment submitted for approval prior to Contractor's purchase thereof for
incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be
uncovered for observation. Uncovering Work as provided in this paragraph shall be at
Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention
to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.2 UNCOVERING THE WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, Contractor shall pay all claims, costs, losses and damages
caused by, arising out of or resulting from such uncovering, exposure, observation, inspection
and testing and of satisfactory replacement or reconstruction (including but not limited to all
costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to
agree as to the amount thereof, may make a claim therefore as provided in the article for Change
in Contract Price. If, however, such Work is not found to be defective, Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent
thereof, Contractor may make a claim therefore as provided the article for Change in Contract
Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right of
Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to
exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops
Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or
increase in Contract Price.
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13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer,
remove it from the site and replace it with Work that is not defective. Contractor shall pay all
claims, costs, losses and damages caused by or resulting from such correCtion or removal
(including but not limited to all costs of repair or replacement of work of others).
13.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
In special circumstances where a particular item of equipment is placed in continuous service
before Final Completion of all the Work, the correction period for that item may start to run from
an earlier date if specifically and expressly so provided in the Specifications or by Written
Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected,
removed or replaced under this paragraph the correction period hereunder with respect to such
Work will be extended for an additional period of one year after such correction or removal and
replacement has been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers
to accept it, Owner may do so.
Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of
and determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may
make a claim therefore as provided in article for Change of Contract Price. If the acceptance
occurs after the Engineer's recommendation for final payment an appropriate amount will be paid
by Contractor to Owner.
13.7 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work or to remove and replace rejected Work as required by Engineer in accordance
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with the article for Correction and Removal of Defective Work or if Contractor fails to perform
the Work in accordance with the Contract Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner may, after seven days' written notice to
Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph Owner shall proceed expeditiously. In connection with such corrective and
remedial action, Owner may exclude Contractor from all or part of the site, take possession of all
or part of the Work, and suspend Contractor's services related thereto, take possession of
Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate
in the Work all materials and equipment stored at the site or for which Owner has paid
Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's
Consultants access to the site to enable Owner to exercise the rights and remedies under this
paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising
such rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the
article for Change of Contract Price. Such claims, costs, losses and damages will include but not
be limited to all costs of repair or replacement of work of others destroyed or damaged by
correction, removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
14 PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.1 APPLICATION FOR PROGRESS PAYMENT
Contractor shall submit (not more often than once a month) to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as of
the 25th of each month and accompanied by such supporting documentation as is required by the
Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents,
payment will not be made for materials and equipment not incorporated in the Work. Payment
will only be made for that portion of the Work, which is fully installed including all materials,
labor and equipment. A retainage of not less than five (5%) of the amount of each Application
for Payment for the total of all Work completed to date will be held until final completion and
acceptance of the Work covered in the Contract Documents. No progress payment shall be
construed to be acceptance of any portion of the Work under contract.
In addition to all other payment provisions set out in this contract, the Engineer may require the
Contractor to produce for the Owner, within fifteen days of the approval of any progress
payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid
any sum or sums then due. A failure on the part of the contractor to provide the report as required
herein shall result in further progress or partial payments being withheld until the report is
provided.
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14.2 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment, free and clear of liens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to impose any obligations upon Owner to
the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be
deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
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or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4 PARTIAL UTILIZATION
Use by Owner at Owner's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor
agree constitutes a separately functioning and usable part of the Work that can be used by Owner
for its intended purpose without significant interference with Contractor's performance of the
remainder of the Work, may be accomplished prior to Final Completion of all the Work subject
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part of the
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part of the Work is substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work. Contractor at any time
may notify Owner and Engineer in writing that Contractor considers any such part of the Work
ready for its intended use and substantially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to
determine its status of completion. If Engineer does not consider that part of the Work to be
substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefore. If Engineer considers that part of the Work to be substantially complete, the provisions
of the articles for Substantial Completion and Partial Utilization will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.5 FINAL INSPECTION
Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.6 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such corrections to the satisfaction of Engineer and has
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by the
paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as
may be required in the Contract Documents and other documents, Contractor may make
application for final payment following the procedure for progress payments. The final
Application for Payment shall be accompanied (except as previously delivered) by: (I) all
documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if
necessary, to final payment, and (iii) complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of
such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
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Section Ill- General Conditions
services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner or
Owner's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish
a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and temporary structures, and shall restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the Work, and shall leave the Work in a neat and presentable condition.
14.7 FINAL PAYMENT AND ACCEPTANCE
If through no fault of Contractor, final completion of the Work is significantly delayed and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment
and recommendation of Engineer, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance
to be held by Owner for Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for
Bonds and Insurance, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that such payment shall not constitute a waiver of
claims.
If on the basis of Engineer's observation of the Work during construction and final inspection,
and Engineer's review of the final Application for Payment and accompanying documentation,
all as required by the Contract Documents, Engineer is satisfied that the Work has been
completed and Contractor's other obligations under the Contract Documents have been fulfilled,
Engineer will indicate in writing his recommendation of payment and present the Application to
Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that
the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return
the Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary corrections and resubmit the
Application. If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount
recommended by Engineer.
14.8 WAIVER OF CLAIMS
The making and acceptance of final payment will constitute: a waiver of all claims by Owner
against Contractor, except claims arising from unsettled Liens, from defective Work appearing
after final inspection, from failure to comply with the Contract Documents or the terms of any
special guarantees specified therein, or from Contractor's continuing obligations under the
Contract Documents; and a waiver of all claims by Contractor against Owner other than those
previously made in writing and still unsettled.
SectionIll.doc
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SectionIlI.doc
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK
At any time and without cause, Engineer may suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor, which will fix the date on
which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor
shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or
both, directly attributable to any such suspension if Contractor makes an approved claim
therefore as provided in the articles for Change of Contract Price and Change of Contract Time.
15.2 OWNER MAY TERMINATE
Upon the occurrence of anyone or more of the following events; if Contractor persistently fails
to perform the work in accordance with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this
Contract or any part thereof is sublet, without the previous written consent of Owner, or
if the Contract or any claim thereunder is assigned by Contractor otherwise than as
herein specified, or at any time Engineer certifies in writing to Owner that the rate of
progress of the Work or any part thereof is unsatisfactory or that the work or any part
thereof is unnecessarily or unreasonably delayed.
Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the
extent permitted by Laws and Regulations, terminate the services of Contractor, exclude
Contractor from the site and take possession of the Work and of all Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent
they could be used by Contractor (without liability to Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which Owner has
paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until the
Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and
damages sustained by Owner arising out of or resulting from completing the Work such excess
will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a
Change Order, provided that when exercising any rights or remedies under this paragraph Owner
shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability. '
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Section III - General Conditions
Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In
such case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable
sums for overhead and profit on such Work;
for expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses;
for all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, Suppliers and others; and for reasonable expenses directly
attributable to termination.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE
If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within sixty days after it is submitted or Owner fails for sixty days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days'
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Agreement and recover from Owner
payment on the same terms as provided in the article for Owner May Terminate. However, if the
Work is suspended under an order of court through no fault of the Owner, the Contractor shall
not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within thirty days after it is submitted, or Owner has failed for thirty
days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's
written notice to Owner and Engineer stop the Work until payment of all such amounts due
Contractor. The provisions of this article are not intended to preclude Contractor from making
claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise
for expenses or damage directly attributable to Contractor's stopping Work as permitted by this
article.
16 DISPUTE RESOLUTION
If and to the extent that Owner and Contractor have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure will proceed. If no such agreement on the method and procedure for
resolving such disputes has been reached, subject to the provisions of the article for Decisions on
Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any dispute
provided, however, that nothing herein shall require a dispute to be submitted to binding
arbitration.
SectionIlI.doc
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Section III - General Conditions
17 MISCELLANEOUS
17.1 SUBMITTAL AND DOCUMENT FORMS
The form of all submittals, notices, change orders and other documents permitted or required to
be used or transmitted under the Contract Documents shall be determined by the Engineer
subject to the approval of the Owner.
17.2 GIVING NOTICE
Whenever any provision of the Contract Documents requires the giving of written notice, notice
will be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
17.3 NOTICE OF CLAIM
Should Owner or Contractor suffer injury or damage to person or property because of any error,
omission or any act of the other party or of any of the other party's officers, employees or agents
or others for whose acts the other party is legally liable, claim will be made in writing to the
other party within a reasonable time of the first observance of such injury or damage. . The
provisions of this paragraph shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or repose.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED
Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in
each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other
professionals and all court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any rights thereunder without
the approval of the Owner, nor without the consent of surety unless the surety has waived its
rights to notice of assignment.
17.6 RENEWAL OPTION
Annual Contracts issued through Public Works Administration may be renewed for up to two (2)
years, upon mutual consent of both the City and the ContractorN endor. All terms, conditions
and unit prices shall remain constant unless otherwise specified in the contract specifications or
in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be
agreed to in writing by both parties. All renewals are contingent upon the availability of funds,
and the satisfactory performance of the Contractor as determined by Public Works
Administration.
SectionIII.doc
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Revised: 5/11/2005
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SECTION IV
TECHNICAL
SPECIFICATIONS
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Section IV - Technical Soecifications
1. Scope of Work
Scope of Work Checklist
3. Definition of Terms
4. Order and Location ofthe Work
9. Obstructions
11. Work in Easements or Parkways
17. Unsuitable Material Removal
Section 580 - Landscape Installation
54.0 Landscape Maintenance Specifications
1
2&3
4&5
5
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6
6 thru 9
10 thru 24
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SCOPE OF WORK
Project Name:
Project Number:
Scope of Work:
Drew Street and U.S. 19 Overpass Landscape Improvements
05-0004-EN
Providing all labor, materials, equipment, supervision, maintenance of traffic and erosion
control; transportation and other services necessary to install landscaping and irrigation
according to the plans and specifications, including a one year warranty period for all plant
materials and irrigation components, including the required bonding.
Contractor will be responsible for maintenance for a period of one year. A bond for Landscape
Maintenance shall be supplied by the successful contractor for the total amount of Annual
Landscape Maintenance.
Conflict between plans and specifications: Whenever a conflict appears between the plans and
specifications, the more stringent requirement shall apply. If a conflict is of such a nature as to
require a decision, then a written request for clarification must be made prior to starting that
phase of construction.
Erosion Control Plan: see DOT approved Erosion Control Plan.
Maintenance of Traffic Plan: see DOT approved plan.
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SCOPE OF WORK CHECKLIST
Project Name: Drew St. & U.S. 19 Overpass Landscape Improvements
Project Number: 05-0004-EN
The following Articles of the Technical Specifications will apply to this contract if marked "X"
as shown below:
1 [gJ Scope Of Work
2.1 0 Line, Grade And Record Drawings - by Contractor
2.2 0 Line, Grade And Record Drawings - by City
3 [gJ Definition Of Terms
4 [gJ Order And Location Of The Work
5 0 Excavation For Underground Work
6 0 Concrete
7 0 Excavation And Forms For Concrete Work
8 0 Reinforcement
9 [gJ Obstructions
10 0 Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement
11 [gJ Work In Easements Or Parkways
12 0 Dewatering
13 [ ] Sanitary Manholes
14 [ ] Backfill
15 0 Street Crossings, Etc.
16 0 Raising Or Lowering Of Sanitary Sewer, Storm Drainage Structures
17 [gJ Unsuitable Material Removal
18 0 Underdrains
19 [ ] Storm Sewers
20 0 Sanitary Sewers And Force Mains
21 0 Drainage
22 0 Roadway Base And Sub grade
23 [ ] Asphaltic Concrete Materials
24 0 Adjustment To The Unit Bid Price For Asphalt
25 [gJ FDOT Planting Specifications
26 0 Hdpe Deformed - Reformed Pipe Lining
27 0 Plant Mix Driveways
28 0 Reporting Of Tonnage OfRecyc1ed Materials
29 0 Concrete Curbs
30 L J Concrete Sidewalks And Driveways
31 L J Sodding
32 0 Seeding
33 0 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures
34 0 Material Used
35 [ ] Conflict Between Plans And Specifications
36 0 Street Signs
37.1 0 AudioNideo Tape Of Work Areas - by City
37.2 0 AudioNideo Tape Of Work Areas - by Contractor
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38 D Erosion And Siltation Control
39 Utility Tie In Location Marking
40 D A ward Of Contract, Work Schedule And Guarantee
41 D Water Mains and Appurtenances
42 Gas System Specifications
43 D Tennis Courts
44 Work Zone Traffic Control
45 Cured-In-Place Pipe Lining
46 D Specifications for Polyethylene Sliplining
47 D Specifications for Polyvinyl Chloride Ribbed Pipe
48 D Gunite Specifications
49 D Sanitary and Storm Manhole Liner Restoration
50 Project Information Signs
51 In-Line Skating Surfacing System
52.1 D Resident Notification of Start of Construction - by City
52.2 D Resident Notification of Start of Construction - by Contractor
53 D Gabions and Mattresses
54 ~ Maintenance Specifications ** See Parks & Rec. Grounds Maintenance Spec.
55 D Milling Operations
56 D Clearing and Grubbing
57 D Riprap
58 Treatment Plant Safety
59 D Traffic Signal Equipment and Materials
60 D Signing And Marking
61 D Roadway Lighting
62 D Tree Protection
63 D Project Web Pages
TIME: ~ DAYS
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3 DEFINITION OF TERMS
For the purpose ofthese Technical Specifications the following definition of terms shall apply:
City
City of Clearwater, Pinellas County, FL.
Engineer
The City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized
representative.
Contractor
The person, firm or corporation with whom this contract or agreement has been made by
the City of Clearwater or its duly authorized representative.
Inspector
An authorized representative of the City Engineer of Clearwater, assigned to make
official inspections of the material furnished and the work performed by the Contractor.
RD. 0. T.
The Standard Specifications for Road and Bridge Construction as
Specifications
issued by the Florida Department of Transportation (latest English edition).
A.A.S.HT.o.
American Association of State Highway and Transportation Officials.
A. Jv.s.
American Welding Society
A.S.T.M
American Society for Testing Materials
A.S.A.
American Standards Association
A.NS.!
American National Standards Institute
A. Jv. Jv.A.
American Water Works Association
o.S.HA.
Occupational Safety & Health Administration
A.C.!
American Concrete Institute
Representative of Contractor
The Contractor shall assign a responsible person or persons, one of whom shall be at the
construction site at all times that work is progressing. The names and positions of these
persons shall be submitted to the City Engineer at the time of the pre-construction
conference. This person or persons shall not be changed without written approval of City
Engineer.
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Estimated Quantities
The Contractor's attention is called to the fact that the estimate of quantities as shown on
the Proposal Sheet is approximate and is given only as a basis of calculation upon which
the award of the contract is to be made. The City does not assume any responsibility that
the final quantities will remain in strict accordance with estimated quantities nor shall the
contractor plead misunderstandings or deception because of such estimate of quantities or
ofthe character or location of the work or of other conditions or situations pertaining
thereto.
4 ORDER AND LOCATION OF THE WORK
The City reserves the right to accept and use any portion of the work whenever it is considered to
the public interest to do so. The Engineer shall have the power to direct on what line or street the
Contractor shall work and order thereof.
9 OBSTRUCTIONS
Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be
carefully protected from injury or displacement. Any damage thereto shall be fully, promptly,
and properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof.
Should it become necessary to change the position of water or gas or other pipes, sewer drains,
or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims
for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made.
Failure ofthe plans to show the location, nature or extent of any existing structures or
obstructions shall not be the basis of a claim for extra work. Any survey monument or
benchmark which must be disturbed shall be carefully referenced before removal, and unless
otherwise provided for, shall be replaced upon completion of the work by a registered land
surveyor. Any concrete removed due to construction requirements shall be removed to the
nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means.
11 WORK IN EASEMENTS OR PARKWAYS
Restoration is an important.phase of construction, particularly to residents affected by the
construction progress.
The Contractor will be expected to complete restoration Activities within a reasonable time
following primary construction activity. Failure by the Contractor to accomplish restoration
within a reasonable time shall be justification for a temporary stop on primary construction
activity or a delay in approval of partial payment requests.
Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery
removed or disturbed during construction. No separate payment shall be made for this work.
The contractor shall make provision and be responsible for the supply of all water, if needed, on
any and all phases of the contract work. The contractor shall not obtain water from local
residents or businesses except as the contractor shall obtain written permission.
Reuse water is available for the Contractor's use without charge from the City's wastewater
treatment plants, provided the water is used on City of Clearwater contractual work. Details for
Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre-
construction conference. The Contractor's use of reuse water must conform to all regulatory
requirements.
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17 UNSUITABLE MATERIAL REMOVAL
All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the
site. All material removed is property ofthe Contractor, who shall dispose of said material off-
site at his expense. The limits of the excavation shall either be shown on the plans, or determined
in the field by the Engineer in conjunction with the City's Materials Tester.
17.1 BASIS OF MEASUREMENT
The basis of measurement shall be the amount of cubic yards of unsuitable material excavated
and replaced with suitable material as determined by either cross sections ofthe excavation,
truck measure, or lump sum as specified in the Scope of Work and Contract Proposal.
17.2 BASIS OF PAYMENT
The unit price for the removal of unsuitable material shall include: all materials, equipment,
tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and
incidentals necessary to complete the work. Uno pay item is given, the removal of unsuitable
material shall be included in the most appropriate bid item.
25 580 LANDSCAPE INSTALLATION.
(REV 6-23-03) (FA 6-24-03) (1-04)
SECTION 580 (Pages 670-675) is deleted and the following substituted:
SECTION 580 LANDSCAPE INSTALLATION
580-1 Description.
Install, establish and maintain landscaping as indicated in the Contract Documents.
580-2 Materials.
580-2.1 Plants:
580-2.1.1 Grade Standards and Conformity with Type and Species: Only use nursery grown
plant materials purchased from Florida based Nurseryman Stock that comply with all required
inspection, grading standards, and plant regulations in accordance with the latest edition ofthe
Florida Department of Agriculture's "Grades and Standards for Nursery Plants."
Unless otherwise specified, minimum grade for all plants is Florida No. 1 or better. All plants
must be the specified size and grade at the time of delivery to the site and the minimum grade
maintained throughout the project construction period and plant establishment period.
Use only plants that are true to type and species and ensure that the plants not specifically
covered by Florida Department of Agriculture's "Grades and Standards for Nursery Plants"
conform in type and species with the standards and designations in general acceptance by Florida
nurseries. Prior to planting, furnish certification to the Engineer that all plant materials have been
purchased from Florida based Nurseryman Stock.
A minimum of two plants of each species on each shipment must be shipped with tags stating the
botanical nomenclature and common name of the plant. Should discrepancies between botanical
nomenclature and common name arise, the botanical name will take precedence.
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580-2.1.2 Inspection and Transporting: Move nursery stock in accordance with all federal and
state regulations and accompany each shipment with the required inspection certificates for filing
with the Engineer.
580-2.2 Water: Meet the requirements of Section 983.
580-2.3 Mulching: Use of Cypress Mulch prohibited.
580-3 Planting Requirements.
580-3.1 Delivery: All materials must be available for inspection before installation and will be
subject to approval or rejection.
580-3.2 Layout: Mark proposed planting beds and individual locations of trees and palms as
shown in the Contract Documents for Engineer's review, prior to excavation or planting. The
Engineer may request to review all proposed construction and maintenance practices before the
start of the operations.
Make no changes to the layout, materials or any variations of plant materials from the Contract
Documents without the Engineer's written approval.
580-3.3 Soil Drainage: All planting holes and beds must drain sufficiently prior to installing any
plants. Immediately notify the Engineer of drainage or percolation problems before plant
installation.
580-3.4 Installation of Plants: For installation of the plants as identified in the Contract
Documents, comply with the requirements of the Design Standards, Index 544.
Personnel performing these services are under the sole responsibility and supervision of the
Contractor and must be competent, experienced, and skilled in all aspects of the required
landscape installation and establishment practices.
580-3.5 Contractor's Responsibility for Condition of the Plantings: Begin maintenance of all
plants immediately after each planting.
Keep all plants watered, fertilized, mulched, pruned, and staked and guyed as necessary to assure
specified minimum grade of Florida No.1 throughout the duration ofthe project construction
period and establishment period. During the establishment period, keep the individual planting
locations and planting beds free of litter and undesirable vegetation. Ensure that the plants are
maintained so that they are healthy, vigorous, and undamaged throughout the duration of the
project construction period and establishment period. For the duration of the establishment
period, operate and maintain in good operating condition, all components of any irrigation
system installed in compliance with the Contract Documents.
During the establishment period, replace any plants that fall below specified minimum grade.
Use replacement plants ofthe same species, size and planting medium as the plant being
replaced and as specified in the Contract Documents.
580-3.6 Inspection Requirements. Certify monthly on a form provided by the Department that
the plants have been installed and are being maintained per Contract Documents. A Registered
Landscape Architect acting as the Contractor's Landscape Quality Control representative will
oversee the establishment period.
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The Contractor's Landscape Quality Control representative must perform quarterly inspections
of planting areas and submit findings in report form to the Department. Information to be
included in inspection report from the Contractor's Quality Control representative must include
as a minimum the following:
Date of inspection
Description of project
Location of inspection
Weather conditions
Condition of plants - identify by species, location, and number of plants that are no longer the
specified minimum.
Condition of planting beds (including mulching, mowing, weeding, fertilizing, watering, and
staking and guying), if applicable
Other comments
Signature and seal of Contractor's Landscape QC representative
Submit the certified inspection report to the Engineer within seven calendar days after
performing the inspection. Any corrections to the inspection report must be revised/corrected and
resubmitted within three calendar days after notification by the Engineer. Any deficiencies noted
on the inspection report must be corrected within ten days of notification from the Department.
Periodic, random verifications will be performed by the Department to ensure the quality of the
plants and correctness of the certified landscape inspection report. Any unresolved disputes that
arise between the QC reporting and the verifications performed by the Department will be
referred to the Statewide Disputes Review Board.
580-4 Disposal of Surplus Materials and Debris.
Remove from the jobsite any surplus excavated material from plant holes unless otherwise
directed by the Engineer. Surplus is defined as material not needed after installation of plants per
Contract Documents. Upon commencement of the plant installation, remove daily all landscape
installation debris from the landscape locations described in the Contract Documents. Remove
all excess staking and guying materials from the jobsite.
580-5 Plant Establishment Period and Contractor's Warranty.
Take responsibility for the proper maintenance, survival and condition of all plants for a period
of one year after final acceptance in accordance with 5-11. Notify the Engineer upon completion
of installation of all plants.
Mowing as part ofthe landscape work will be identified in the Contract Documents. Continue
any mowing of the landscape areas specified in the Contract Documents throughout the
establishment period.
Provide a Warranty/Maintenance Bond to the Department in the amount of the total sums bid for
all landscape items as evidence of warranty during this plant establishment period. The cost of
the bond will not be paid separately, but will be included in the costs of other bid items.
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In addition to satisfying the provisions of Section 287.0935, Florida Statutes, the bonding
company is required to have an A.M. Best rating of "A" or better. If the bonding company drops
below the "A" rating during the WarrantylMaintenance Bond period, provide a new
WarrantylMaintenance Bond for the balance ofthe establishment period from a bonding
company with an "A" or better rating. In such event, all costs of the premium for the new
WarrantylMaintenance Bond will be at the Contractor's expense.
The Engineer may conduct interim inspections of all landscape items during the plant
establishment period, as well as at the end ofthe plant establishment period. As part ofthe
warranty to the Department, and at no cost to the Department, replace all plants found not to
meet minimum specifications as shown in 580-2.1.1 and 580-3.5 within ten days after each
inspection.
Prior to the end ofthe establishment period, remove all staking and guying from the project.
At the end of the establishment period, the Engineer will release the Contractor from further
warranty work and responsibility provided all plants are established and all previous warranty
and remedial work, if any, has been completed to the satisfaction of the Engineer.
580-6 Method of Measurement.
The quantities to be paid will be the items shown in the Contract Documents, completed and
accepted.
580-7 Basis of Payment.
Prices and payments will be full compensation for all work and materials specified in this
Section.
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54.0. LANDSCAPE MAINTENANCE SPECIFICATIONS
54.1. SCOPE:
Work under this contract shall include the furnishing of all labor, material, equipment, supervision,
transportation and other services necessary to do the landscape maintenance at the designated area as
specified herein including but not limited to: mowing, edging, and trimming oflawns; removing trash,
clippings and debris from landscape and lawn areas; maintenance of plant beds and landscape materials;
and, the cleaning of hard surfaces at designated areas in the City of Clearwater. During and at the end of
the maintenance period, all plant material shall be in a healthy, growing condition equal to or better than
at the beginning of the maintenance period. The Contractor is to work with the Clearwater Parks and
Recreation Department in coordinating maintenance activities and reporting irregularities in the work
zone.
54.2. SCHEDULING OF WORK
A. The Contractor shall accomplish all lawn maintenance required under the contract between the hours
of 7 a.m. and 7 p.m., Monday through Saturday, excluding observed holidays. The Parks and
Recreation Department may grant, on an individual basis, permission to perform contract
maintenance at other hours.
B. All work shall be completed in a continuous manner, whereby the weeding, mowing, edging,
trimming, etc., be completed before leaving the job site.
54.3. WORK METHODS
A. Maintenance Schedulin2:: The Contractor will adhere to a work schedule provided by the City
(page 19, section 3.4 A). An authorized representative of the other party must approve any variations
to that schedule, requested by either party, either verbally or in writing.
B. Work Procedures per Service Visit: The Contractor shall provide the following service at each
scheduled visit to the designated location.
C. LITTER REMOVAL:
1. Remove trash and debris from the site area to be maintained. Proper disposal of collected
trash and debris is a requirement of the Contractor. During each scheduled maintenance
visit, cleaning of the entire grounds shall be performed as part of regular maintenance,
including all ofthe following items: All paper, trash, leaves, twigs, branches, dead plants,
trimmings, pruning and other objectionable materials shall be picked up and removed
from all landscape areas as well as adjacent parking lots, driveways, underside of bridges,
pedestrian bridge, sidewalks and entrances within the site limits. Remove all debris,
which accumulates in the corners of the parking lots and besides parking stops. Remove
all broken glass that is present in parking lot and on walkways, curbs, or other hard
surfaces. All sand, gravel, and soils shall be thoroughly cleaned, swept or blown off of all
pavements adj acent to maintenance areas and disposed of properly off site. Cigarette
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butts, loose paper and other bits of small debris will be picked up after sweeping areas
and disposed of properly.
2. The Contractor shall not allow landscape debris and trash to accumulate in any area. All
parking lots shall be cleaned of debris on each service event, when a minimal number of
cars are parked in the lots. All waste materials generated by the Contractor's operations
will be disposed of properly off-site. Under no circumstances will trash or debris be swept
in or disposed of in catch basins, drainpipes, storm drains or open culverts of storm
sewers.
3. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, special
events or roadside dumping will not be the responsibility of the Contractor and may be
requested by the City as additional services. The Contractor should report such
accumulations of debris, when encountered. Quotations for the extraordinary cleanup
from the Contractor will be considered.
D. TURF MAINTENANCE:
1. Lawn mower blades shall be clean and kept sharp as well adjusted to provide a clean cut.
No more than one-third (113) of the total grass blade shall be removed per mowing, while
cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed
regularly to avoid rutting. Use small mowers for difficult or tight areas where larger
commercial mowing units cannot maneuver.
2. Turf areas shall be maintained at the appropriate height indicated below:
TURFGRASS
St. Augustine
Bahia
MOWING HEIGHT
Three (3) to four (4) inches*
Three (3) to four (4) inches*
*Higher cutting heights to be used during dry conditions
3. Mowing shall be done optimally when the grass is dry; however, mowing wet turf is
acceptable. Bagging is not required, and grass clippings can be left on the grass so long as
no readily visible clumps remain on the grass surface after mowing. If clippings are
excessive or diseased, they shall be removed after mowing to enhance overall turf
appearance and to prevent matting, clumping and thatch buildup. In the case of fungal
disease outbreaks, clippings will be collected and disposed off site until the disease is
controlled.
4. The Contractor will clean all clippings, dirt and debris from sidewalks, curbs, and
roadways after mowing and/or edging. Mowers should not direct discharge into the street
or landscape beds, unless unavoidable. Approved deflector chutes must be attached on
the discharge points of the mower. Clippings, dirt, and debris will not be swept, blown or
otherwise disposed of in any landscaped bed areas, roadways, sewer drains, catch basins,
drain pipes, storm drains or open culverts of storm sewers. The final appearance after
mowing shall present a neat appearance.
5. In the event that the turf becomes sparse or barren due to neglect by the Contractor, the
Contractor shall repair or replace sod to meet its previous healthy condition at no
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additional cost to the City of Clearwater. Turf areas shall be kept at all times as green and
healthy as possible, while maintaining a high level of appearance.
6. Care shall be taken with mowing equipment to avoid obstructions such as trees, shrubs,
utility boxes, signage, buildings, etc. Contractor shall be responsible for damage caused
by its operations.
7. All seeding or sodding not required by this Specification, which may result in an
additional charge to the contract, must be approved by the City of Clearwater in writing.
St. Augustine turf areas shall not be overseeded with rye grass.
8. Turf edging: shall be performed with a blade at the same frequency as mowing and shall
include walks, drives, curbs, planting bed perimeters and tree rings. String trimming is
not to be performed against the base of any tree or shrub. Isolated trees and shrubs
growing in lawn areas require a mulched buffer area around the base of the plant to avoid
bark injury from mowers and to reduce root competition from turfgrass (minimum one (1)
foot radius from edge of trunk or shrub drip line). Grass adjacent to all valve boxes and
quick couplers shall be trimmed to maintain a clean appearance. Grass adjacent to
structures, poles, etc. that cannot be serviced by standard mowing procedures, shall be
regularly trimmed using a line trimmer to eliminate uneven edges or a herbicide may be
used to create a buffer around infrastructure. Herbicides shall not be used as an "edger"
adjacent
to walks and curbs, but may be used around shrubs and trees by a certified applicator with
the written approval of the City of Clearwater.
E. TREE MAINTENANCE:
1. Minor tree pruning shall be performed as needed throughout the year and is limited to
pruning below fifteen (15) feet in height to remove all dead and damaged limbs, crossing
branches and to maintain their natural shape and form without removing more than 25%
of canopy within one given year. All pruning shall be done as needed, with prior City
approval, to encourage normal growth habit and form, maintain a pleasing natural
appearance and to prevent obstruction of curbs, sidewalks, parking areas, roadways, street
lights and signs, unless otherwise directed by the City of Clearwater. Trees shall not be
pruned into topiary forms unless specifically required by the City. Trees will be pruned as
necessary to develop proper branching and to remove any dead or damaged branches. All
sucker growth, defined as shoots that sprout out around the base of a tree trunk, shall be
removed with hand shears, providing care not to damage the trunk. Sucker growth shall
be removed from all multi-trunk and standard trees (single-trunk), such as oleander, wax-
leaf ligustrum, wax myrtle, weeping yaup on holly and crepe myrtle. No herbicides will be
used for this purpose.
2. Ligustrum Trees, if present, should be kept elevated as to where the bottom ofthe canopy
is clear and eight (8) feet from the ground surface, especially adjacent to all pedestrian
accesses. Sucker growth should be kept off the trunk system as to maintain the clear
multi-trunk appearance (vase-shaped). Canopy top growth should not be sheared, but
occasional pruning of long shoots may be necessary to maintain the "mushroom" shape
that is desired.
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3. Major tree pruning above fifteen (15) feet in height will be additional work to the
Contract as requested by the City of Clearwater. The Contractor shall provide a written
proposal and cost estimate to the City for approval and authorization prior to
commencement ofthe work, or the City may elect to take a minimum ofthree (3) bids for
the work. Major tree pruning operations will be done between mid-November and mid-
December. Ifwork is not complete by the end of December, tree pruning will continue
during the winter months and be completed by the end of February. No trees will be
pruned during or immediately following growth flushes.
4. All plant materials should be pruned in a manner that promotes the natural shape and
mature size of the tree species. All pruning cuts shall be made with sharp pruning tools
and shall be pruned just outside the branch collar. Pruning techniques will be used to
maintain proper balance of foliage, such as subordinate and selective cuts. Pruning paint
shall not be applied. Trees shall not be pollard nor shall the central leader be removed.
5. The Contractor shall remove all trimmings from the site on the same day that the work is
done and disposed of properly. Work site shall be left in a clean and neat appearance at
the end of each workday.
6. The Contractor shall exercise care during pruning to ensure that branches or trimmings do
not endanger pedestrians, traffic or cause damage to property. Any damage resulting from
the Contractor's negligence shall be repaired or replaced at equal value at no cost to the
City within five (5) working days.
7. Storm Damage: In the event an extraordinary amount of debris caused by severe storm
damage, hurricanes, tornadoes or vandalism, clean up and removal of all fallen or broken
trees / branches shall be the responsibility of the City of Clearwater. The Contractor shall
notify the City of any large amounts of debris. The City may request a price quotation
from the Contractor for the clean up.
F. SHRUB AND GROUNDCOVER MAINTENANCE:
1. Definitions: Pruning is the selective elimination of branches to maintain or improve the
size or shape of a plant. Trimming, as defined for shrubs and ground cover, is cutting of
the overall tips of a plant to give a smooth, squared, hedge-like appearance. The growth
characteristics of some plant species require pruning; others require trimming to look
their best. All plant materials shall be maintained in a neat, well-manicured fashion at all
times.
2. All shrubs and ground covers shall be pruned to maintain the suitable size and character
of the plant. No shrubs or groundcovers shall be allowed to grow above the Florida
Department of Transportation (FDOT) "Clear Sight Window" Criteria when in sight
visibility triangle.
3. Plants that have a natural "unpruned" form should be selectively pruned, except for
removal of dead or damaged branches and leaves or to maintain a certain height required
by the plant material usage. These shrubs will be pruned with hand shears as needed to
provide an informal shape, fullness and bloom. Examples of these types of plants are
parson's juniper, bird-of-paradise, crinUffi lily, cardboard palm, king sago, heavenly
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bamboo, split-leaf philodendron, red fountain grass and schefflera.
4. Plants used as linear hedges or borders should be trimmed squarely with top of hedge
slightly narrower than the bottom to facilitate exposure to sun and prevent heavy shading
oflower foliage. Use a "rounding" method when the hedge forms the bordering edge of a
serpentine bed design, in which case round only vertical faces of border. As new foliage
fills in, remove excessively long branches to encourage fullness and good shape.
Examples ofthese types of plants are pittosporum, podocarpus, silverthorn, oleander,
boxthorn, viburnum and Indian hawthorn.
5. Groundcover species shall be confined within the perimeter of the planting bed and shall
be maintained from building structures (12" minimum). Supplemental top shearing may
be required to present a neat appearance. In addition to, all climbing vine-like
groundcovers shall not climb up through other plant species within planting bed or
structures, unless specified by the City of Clearwater. Examples of groundcover types
include confederate jasmine, lantana, liriope, Aztec grass, ivy and mondo grass.
6. During the growing season (March-October), all high maintenance shrubs and
groundcovers shall be trimmed once every two (2) weeks; all low maintenance shrubs and
groundcovers will be trimmed as needed (usually once every four (4) to six (6) weeks).
During the winter season (November-February) all shrubs and groundcovers shall be
trimmed as needed to maintain a neat appearance. Ornamental grass species shall be
renewal pruned down to 6-12" in height in late February each year.
7. Do not trim or shear shrubs into topiary forms unless specifically requested by the City.
Allow shrubs to form a dense mass of plants at the height determined by the City of
Clearwater.
G. WEED CONTROL IN LANDSCAPED AREAS:
1. The landscape Contractor ( or designee) shall monitor the landscape for weeds at each
scheduled service visit per the criteria as set forth in this document. All planting beds and
tree rings are to be kept weed-free throughout the year to avoid competition with
desirable plants for water and fertilizer, as well as to enhance the appearance ofthe
overall design.
2. Undesirable weed species shall be removed by hand or through chemical applications
using those products according to manufacturer's recommendations and label instructions.
Chemical products such as a selective, non-selective or a pre-emergent may be used
approved by the Environmental Protection Agency for weed control with the City of
Clearwater's approval. Approved herbicide treatment shall be applied by an experienced
applicator under the direct supervision of a licensed, certified pest control professional.
3. Weeds, which have been chemically treated, shall be removed from the landscape after
overall plant color quality has changed from green to yellow. Should these chemicals
damage any desirable plant material, including sod, the Contractor at no cost to the City
of Clearwater shall immediately replace the same size, quantity and quality of plants.
4. "Volunteers", invasive plants and trees which germinated from seeds dropped by birds or
spread by wind in a planting bed and are not ofthe same species, shall be declared and
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removed like a weed, including the roots through treatment or hand removal methods.
5. Weeds on hardscapes such as walkways, permanent and temporary parking lots, adj acent
public and private roadways, pavement cracks and any other paved areas, including
rights-of-way and adjacent work areas within the contract limits, shall be removed by
hand or chemically killed and removed with each service.
6. All weeds shall be removed from landscape beds and properly disposed from the site, on
the same day by the Contractor.
H. FERTILIZATION PROGRAM:
1. Fertilizer shall be adjusted for specific planting areas within the landscape with ratios and
number of applications appropriate for that species requirement.
2. Fertilizer shall be applied when the leaves are dry and shall be properly and thoroughly
watered-in after application. After fertilization, all plant materials must be thoroughly
watered with a minimum of 1/4 inch of water applied by the Contractor. Fertilization
operations must be scheduled with the City.
3. All granular fertilizer is to be evenly distributed by a handheld mechanical broadcast
spreader or by a hand propelled broadcast spreader with no fertilizer to remain on leaves
or branches of plant material.
4. Fertilizer shall not be applied during windy weather conditions.
5. Fertilizer shall be collected and removed from all paved surfaces and back into planting
beds or lawns following application to avoid staining deposits of iron.
6. At least once per every twelve (12) months in January, and as directed by the City, the
Contractor shall obtain soil samples to be analyzed by an approved laboratory to evaluate
soil conditions.
7. Nutrient deficiencies shall be treated with supplemental applications of the specific
lacking nutrients or elements according to University of Florida Cooperative Extension
Service recommendations. The Contractor shall provide in writing a curative treatment
program and price quotation for the City's approval prior to application.
8. The Contractor at no cost to the City shall replace plant materials damaged or burned by
more than 40% by improper fertilization procedures, in equal value.
9. Turf
a. Contractor to provide separate cost for turf fertilization and chemical treatment
program not in the scope of this contract.
b. The Contractor shall inspect lawn areas each visit for indications of weak turf.
Any brown or questionable-looking areas of grass shall be treated accordingly
and/or replaced with healthy turf immediately at no cost to the City.
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c. The Contractor shall be responsible for regularly scheduled fertilizer applications
on all grassed areas. All turf areas shall be fertilized three (3) times per year in
February/March, May/June, and September/October.
d. A complete fertilizer shall be applied on St. Augustine grass at the rate of one (1)
pound of nitrogen per one thousand (1,000) square feet. Fertilizer shall be
commercial grade, mixed granules, with 30%- 50% ofthe nitrogen being in slow
or controlled release form. The ratio of nitrogen to potash will be 1: 1 for
complete fertilizer formulations. Phosphorus shall be no more than 1/4 the
nitrogen level. They shall also contain magnesium and micronutrients (i.e.
manganese, iron, zinc, copper, etc.). Iron (3%) shall be applied in granular form
only.
e. Fertilizers shall be applied at a rate of one (1) pound of nitrogen per 1000 square
feet, calculated by dividing the percent nitrogen into 100. For example, if a 16-4-8
fertilizer is used, then 16 is divided into 100 = 6.25 pounds of 16-4:-8 to be spread
over 1000 square feet of lawn area
10. Trees In Turf Areas
a. Established trees (palms not included) and shrubs exposed to lawn fertilization
will not receive an additional fertilizer supplement. Fertilizer applied to trees
planted in landscape beds shall be broadcast over the entire plant bed past the
"drip line" ofthe tree's canopy.
11. Palms
a. Palms trees (except Sabal palms) shall be fertilized every 3 months or four (4)
times per year in January, April, July and October 2N-1P-3K-1Mg ratio fertilizers
that include micronutrients (e.g. 8-4-12-4 or 8-2-12-4). Nitrogen (N), Potassium
(K) and Magnesium (Mg) should be in a 100% controlled release form. Apply the
granular fertilizer product at a rate of 1.5# of actual fertilizer (not W per 100ft2.
Fertilizers should be broadcast under the canopy of the palm, but should not be
placed up against the trunk.
b. Palms shall be closely monitored for any sign of nutritional deficiency, especially
concerning the following elements: nitrogen, potassium, magnesium, manganese
and iron. Palms shall be closely monitored for any sign of rot, smut or spotting.
Diagnosis and any specific treatments shall be submitted in writing to the City for
approval prior to application.
12. Shrubs and Groundcovers
a. All shrubs and ground cover shall be fertilized two (2) times per year.
Applications shall be made in the months of May and late September. The
application rate will be one (1) pound of nitrogen per one thousand (1,000) square
feet per application.
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b. All fertilizers shall be commercial grade, mixed granules, containing nearly equal
amounts of nitrogen and potassium and at least 30% of both elements should be
available in slow release form. The fertilizer should also contain magnesium and a
complete micronutrient amendment. The fertilizer analysis shall be similar to 8-2-
10, 10-5-10 and 12-4-12.
c. Additionally,jlowering shrubs and ground cover shall be fertilized two (2) times
per year with "Bloom Master" or similar product with a ratio similar to 6-10-10.
The product shall be 50-60% organic to provide slow release and less potential to
burn plants. An application rate shall be specific to the plant species as determined
by the Contractor and approved by the City.
I. DISEASES AND PESTS:
1. The Contractor shall practice Integrated Pest Management (I.P.M.) to control insects,
diseases and weeds around trees. First choice will be insecticidal soaps, horticultural oils
and biological controls such as Bacillus thuringiensis (Bt) formulations.
2. Specific diagnosis of plant diseases and/or pests shall be the responsibility ofthe
Contractor or his consultant. Records will be kept on pests identified and treatment(s)
rendered for control. Approved pesticides or biological controls shall be prescribed and
applied by State of Florida Licensed Applicators only according to manufacturer's
recommendations and in compliance with the Federal Insecticide, Fungicide and
Rodenticide Act.
3. Upon confirmation of a specific problem requiring treatment, the Contractor shall report
to the City the proposed treatment. The Contractor shall apply treatment on a spot
treatment basis using the least toxic, most effective pesticide. This includes "weed and
feed" formulations. The Contractor for all application treatments shall maintain a
chemical report for each site, so that the City may review reports at any time per the State
regulations.
4. The Contractor warrants and represents that every chemical substance delivered shall be
on the list of regulated chemical substances, or have been submitted for inclusion on such
list, as compiled by the Environmental Protection Agency (EP A) pursuant to the Toxic
Substances Control Act.
5. Pesticide applications will be made in accordance with the rules and regulations
governing use of pesticides in Florida. Posting and notification of pesticide sensitive
persons will be done prior to application. The pest control applicator will be operating
under License # , Expiration Date . (Information to be
provided by the Contractor). Treatment application signs shall be displayed prominently
in all treated areas as per all local, State, and Federal regulations.
6. Care shall be taken during all pesticide operations. All spraying of pesticides will be
performed when pedestrian traffic is minimal, temperatures are below ninety (90) degrees
Fahrenheit and wind drift is negligible.
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7. A continuing effort shall be made to abate all gophers, mole crickets and other
lawn/vegetation damaging insects or rodents in a timely manner to minimize damage.
Fire ants, bees, and wasps, as well as any other damaging or health-endangering pest, will
be treated promptly so as not to present a hazard.
8. All damage occurring from improper or careless application of chemicals shall be the
responsibility of the Contractor.
9. Turf
a. The Contractor shall inspect lawn areas each visit for indications of pest
infestation. Diagnosis and any specific treatments shall be submitted in writing to
the City for approval prior to application. Treatment program of turf areas shall be
on a site-specific basis, which extends beyond the boundaries of the infestation by
25% of the area's diameter.
10. Trees. Shrubs and Groundcovers
a. Trees, shrubs and groundcovers shall be routinely checked during each
maintenance visit for abnormal conditions such as insects, borers, scale,
caterpillars, milky spore disease, web worms, red spider mites, lace bugs,
Japanese beetles, etc. Diagnosis and any specific treatments shall be submitted in
writing to the City for approval prior to application.
11. Palms
a. Routinely check palms for signs of distress or disease in the trunks, buds or
fronds. Any evidence of disease affecting the palms is to be reported to the City at
once. With City authorization, the Contractor shall make arrangements for proper
evaluation and treatment of the problem. Inspect all palms, especially the Phoenix
varieties during the month of March, for infestation of Palmetto Weevil. As
required, apply a bud drench as recommended by the University of Florida
Cooperative Extension Service.
b. The Contractor shall monitor those palms, which are susceptible to Ganoderma
butt rot. Should this disease be found on any palm, the City shall be notified in
writing, including a location map of the palm, whereby the City in writing shall
direct appropriate action on a case-by-case basis. Every precaution will be made to
contain the disease and keep it from spreading to other palms. Proper care and
procedures with equipment and maintenance around Ganoderma infected palms
will be followed in accordance with University of Florida Cooperative Extension
Service recommendations.
J. INSECTICIDE MAINTENANCE:
1. During each maintenance visit, the Contractor shall monitor and treat ant mounds and
nesting yellow jackets or other stinging insects throughout the property as required using
a granular or drench method.
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2. The Contractor shall remove and dispose of wasps, bees and other subterranean insects in
plant materials, on the ground or on site structures/furnishings.
K. IRRIGATION MAINTENANCE:
1. The irrigation water source for this contract will vary. It is the Contractor's responsibility
to monitor this irrigation water supply at all times. Any problems with the irrigation water
supply must be reported immediately to city personnel. Any required repairs to the water
'supply must be coordinated with city personnel to insure that water is available for
irrigation two (2) times per week.
2. Inspections
a. Within ten (10) days of the Grounds Maintenance Agreement start date, the
Contractor shall perform a complete inspection of the entire irrigation system
including controllers, irrigation and quick couplers on potable water line, and note
in detail any deficiencies that must be corrected to make the system fully
operational. This list of deficiencies, along with associated costs to repair them,
will be promptly submitted to the City, which will be responsible to authorize
corrective action.
b.. The Contractor shall inspect and test all components and zones in the irrigation
system after mowing operations have been completed and shall reset zone times
according to seasonal changes or governing regulations. This will consist of
checking the controller and valves, which should be checked for proper time of
day and operating schedule. In addition, drip tubing along with irrigation heads to
ensure that the proper amount of water is being provided to all plant material, as
drip tubing should be kept covered with mulch. Leaks or breaks in the system
should be repaired before the next scheduled system-running time. Drainage
problems noted on-site, in planted or paved areas, shall be reported to the City.
Any corrective measures will be promptly reported to the City.
c. Irrigation frequency of use depends on rainfall, time (season)of year and age of
the landscape. In general, irrigation may be turned on two days per week, or as
local and state regulations dictate. During weekly inspections, the Contractor will
note and report to the City inadequate or excessive irrigation, drainage problems,
or if plant material appears to be damaged by too much water.
d. Replacement irrigation products shall be of the same or equal in size, quality and
brand/manufacturer as the original product(s) being replaced and as approved by
the City. Should a controller be temporarily removed for repairs, a replacement
controller shall be installed in its place until the original is reinstalled.
3. Repairs
a. The Contractor will make repairs and adjustments to the irrigation system. Minor
actions including adjustments and repairs such as head / nozzle alignment and or
cleaning,'filter cleaning, and timer adjustments shall be made by the Contractor at
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no additional charge. Heights of risers, pop-ups and rotor heads shall be adjusted
to maintain an operational height in relation to maturing plant material and turf.
b. Leaks and breaks in the system shall be immediately reported to the City and
repaired by the Contractor before the next scheduled system-running time. All
repairs must be approved in advance by the City, which will be charged at
$100.00 or more. Minor repairs, less than $100.00, are to be invoiced to the City
of Clearwater, Parks Department, in addition to the monthly maintenance fee.
c. Excessive repairs beyond the scope of work listed above will be charged to the
City at an hourly rate per man plus parts and must be approved and authorized by
the City prior to carrying out the work. The Contractor will provide the hourly rate
per man for irrigation repair along with the maintenance bid.
4. Emer2encv Procedures
a. The Contractor shall provide the City with a twenty-four (24) hour/seven (7) days
per week on call emergency irrigation repair service and telephone number. The
intent ofthe twenty-four (24) hour service is to have instruction available for City
personnel to turn off the irrigation system until the next regular working day when
the repairs can be assessed and then made by the Contractor with City approval. In
a serious emergency, the Contractor shall provide the required personnel to make
temporary emergency repairs until a more detailed cost estimate is reviewed and
approved by the City.
b. The Contractor shall provide at the time of bidding a unit price and hourly rate per
man for emergency irrigation site visits which occur on a non-designated workday
on City grounds.
L. MULCH MAINTENANCE:
1. The type of mulch grade to be used shall be Pine Bark Nuggets (1" to 2" in overall size).
Pine Bark Fines (1/2" to %" in overall size) shall be used in all color annual beds. The
City reserves the right to use any other mulch it deems desirable, at which time the
Contractor will provide a proposal for any additional costs or credits due the City.
"Alternative" mulches (recycled wood mulch, pine needles, eucalyptus, melaleuca, etc.)
may be considered by the City of Clearwater.
2. The Contractor shall maintain the existing mulch in all planting beds, except color annual
beds, at a level of three (3) inches of thickness. Color annual beds will be maintained at a
level of one (1) inch of thickness. Planting beds shall be periodically monitored for
sufficient mulch coverage in order to decrease weed growth and retain soil moisture
within the project site.
3. Landscape beds should be top-dressed to provide a new mulched appearance maintaining
a three (3) inch overall coverage as directed with the City of Clearwater. Annual mulch
applications are to be made during the winter months (November through February).
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Quotations for additional mulch applications may be requested ofthe Contractor, in order
to provide additional fresh color appearance.
4. Maintain throughout the year, the specified depth of mulch - three inches (3"), which will
discourage weed growth as well as help retain soil moisture for all existing landscape
beds.
5. A mulch ring will be maintained around individual trees and palms in turf areas. The
mulch ring shall be a minimum of twelve (12) inches wide from the outside trunk surface
of the tree.
M. TRAFFIC CONTROL AND PEDESTRIAN SAFETY:
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1. The Contractor is responsible for establishing and maintaining safe work zones in
vehicular traffic areas, as well as pedestrian and park user areas. The Contractor shall
coordinate maintenance operations in certain high pedestrian use areas and peak time
periods with the City (the winter tourist season is generally not an acceptable time to
close traffic lanes for maintenance). The Parks and Recreation Department reserves the
right to limit the hours of operation in certain high pedestrian use areas. Two-way traffic
shall be maintained at all times through intersections and roadways. Closure is not
permitted.
2. The Contractor shall fully acquaint and comply with City of Clearwater safety
requirements and Maintenance of Traffic (MOT). Installing Contractor is responsible for
all MOT coordination and notification of appropriate agencies. If applicable, the MOT
plan must be submitted to and approved by the City prior to partial lane closure and
commencement of the work. All necessary lane closures shall be approved by the City's
Transportation and Parking Services (see City of Clearwater Specifications for Traffic
Control) a minimum of forty-eight (48) hours in advance of scheduled operations.
3. Any and all proposed traffic control shall conform to the current edition of the manual on
uniform traffic control devices (MUTCD), the Florida Department of Transportation
Roadway and Traffic Design Standards, January 1998 (600 Series) and the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction.
The Contractor shall use Index 627 whenever construction equipment is relocated or
driven on existing open travel lanes.
4. The Contractor shall position advance-warning signs as appropriate for the existing field
conditions. The Contractor shall provide a crew to be responsible to construct, relocate,
and maintain all traffic control devices, to cover, add or remove signs as needed, and do
all work necessary to maintain a safe work zone.
N. INSPECTIONS:
1. The site should be checked for irregularities, such as irrigation leaks, vehicle damage,
dead turf or plant material, heavy insect infestations (especially fire ants), vandalism, etc.,
which should be reported to the Parks and Recreation Department within 48 hours after
providing the service.
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2. The Landscape Maintenance Contractor will assist the City in reporting vandalism,
graffiti, damage or need of repair/refurbishing of public and private property; for
example, traffic or directory signs, structures, site furnishings, monuments, fences,
lighting, utilities and paving.
3. The Contractor will be responsive to special conditions or unexpected problems that may
occur during the course of the maintenance agreement. The City expects the full
cooperation and prompt response by the Contractor.
4. The Contractor may be requested to provide additional services, such as seasonal flowers
and plants for various occasions and functions within the City, for an additional cost to
the City of Clearwater. The Contractor will provide timely information, prices and
delivery of these items.
54.4. LEVELS OF SERVICE:
A. Each location shall be designated a certain proposed level of service to determine the frequency of
maintenance it would receive. Designations will be Levell, Level 2, Level 3, Level3L, and Level 4.
The specific level of service and scheduling will be coordinated between the Contractor and the
Parks Service Supervisor in charge ofthe contract. Monthly visits should occur within the designated
week, unless approved by the Parks and Recreation Department. While a site may be designated as
Level 1 or 2, the City reserves the right to increase or decrease the number of visits based on local
conditions.
Levell - Schedule for weekly (52) service visits, to accomplish the site-specific
tasks/activities stated in these specifications. Weekly visits should occur no closer than six
(6) and no further than ten (10) calendar days apart. Mowing and other general lawn
maintenance activities will be performed as needed to maintain the desired appearance, but
would generally approximate the Level 2 service schedule. At times of the year where
weekly mowing is not required, the Contractor will work with the Parks and Recreation
Department's Contract Supervisor to identify and perform other site needs.
Level 2 - Schedule visits for the second week of January and February, the first, third and
fifth weeks of March; the second and fourth weeks of April (these biweekly visits should
occur no closer than ten (10) and no further than seventeen (17) calendar days apart);
weekly during the months of May, June, July, August and September, (weekly visits should
occur no closer than six (6) and no further than ten (10) calendar days apart); then biweekly
for the months of October, November and December for a total ofthirty-seven (37) visits
for the year.
Level 3 - Schedule service for the second week of January and February; the second and
fourth weeks of March, April, May and June (these biweekly visits should occur no closer
than ten (10) and no further than seventeen (17 calendar days apart); the second, third and
fourth weeks in July; weekly in August; the first and third weeks in September, October
and November; and the third week in December; for a total of twenty-four (24) visits for
the year.
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Level3L - Schedule service for the second week of January, February; March, and April,
the second and fourth weeks of May, June, July, August and September (these biweekly
visits should occur no closer than ten (10) and no further than seventeen (17 calendar days
apart); the second week of October, November; and December; for a total of sixteen (16)
visits for the year.
Level 4 - Schedule service for the first weeks of February, April, May, June, October and
December, and the first and third weeks of July, August, and September, for a total of
twelve (12) visits for the year.
B. Completion of Work: Within 48 hours of completing work, the Contractor shall notify the Parks
and Recreation Supervisor assigned to monitor the contract either in person, phone or via email of
said completion. It is acceptable to leave a phone message, however, to make certain the message is
received, it is advisable to call between 7:00 a.m. - 8:00 a.m. or 2:00 p.m. - 3:00 p.m.
C. Inspection and Approval: Upon receiving notification from the Contractor, the City shall inspect
the serviced location the following business day. If, upon inspection, the work specified has not
been completed, the City shall contact the Contractor to indicate the necessary corrective measures.
The Contractor will be given 48 hours from this notification to make appropriate corrections. Ifthe
work has been completed successfully then the City will pay for services billed (page 5 section 2.2 A
and page 6, section 2.5).
54.5. SPECIAL CONDITIONS
A. Each location shall have been maintained in an equal manner prior to transferring maintenance
responsibility to the Contractor. Any location requiring immediate service to bring the landscape
conditions to an acceptable standard will be serviced by the Contractor at an additional charge to
the City, based on hourly charges quoted as a part of this Proposal.
B. All maintenance shall be performed in a good and workmanlike manner, consistent with trade
practices and prevailing industry standards.
C. The Contractor shall be responsible for damage to any plant material or site feature caused by the
Contractor or his/her employees. The Contractor shall be notified in writing ofthe specific
nature ofthe damage and cost of repair. The City shall, at its option, invoice the Contractor for
the payment, or reduce by the amount of the repairs the next regular payment to the Contractor.
D. The City reserves the right to delete a location from the Contract upon thirty days written notice.
Payments for services by the vendor shall be adjusted accordingly based on the individual site
costs submitted as a part of this Quote.
E. Occasionally circumstances (standing water, prolonged inclement weather, parked vehicles, etc.)
may make all or portions of a location unserviceable during the regular schedule. The Contractor
shall notify the Parks and Recreation Department of such occurrences, and shall schedule to
perform the required maintenance to the locations as soon as the pertaining circumstances are
relieved.
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F. All Contractors shall include a list of equipment to be used in the performance ofthe Contract.
Such equipment must be available for inspection by the Parks Maintenance Coordinator, or
designee, prior to award of the contract, if requested.
G. All Contractors must submit proof of applicable licenses if requested.
H. The City reserves the right to accept all or any part of any Quote. Contractors must provide a
Quote for all sites. The price per location is important to determine the amount owed to the
Contractor for work performed.
I. The Contractor or his representative will meet with a representative of the City at least once per
month for a complete inspection of the maintained grounds.
J. The City may request additional or fewer services based on the individual site costs submitted as
a part of this Quote.
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SECTION V
CONTRACT BOND
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Section V
Contract Bond
1&2
Contract
3 thru 5
Contractor's Affidavit for Final Payment
6
Proposal Bond
7
Affidavit
8
Non-Collusion Affidavit
9
Proposal
10 thru 12
Addendum Acknowledgement Sheet
13
Bidder's Proposal- Unit Prices
14 & 15
Grounds Maintenance Specifications
1.0 Instructions
2.0 General Conditions
Pre-qualification cover letter with requirements for complete package submittal
Pre-qualification Package
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we
Contractor and
(Surety)
whose home address is
as
HEREINAFfER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of:
Dollars ($ )
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns for the faithful performance of a certain written contract, dated the day of
, 2006, entered into between the Contractor and the City of Clearwater for:
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2006.
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
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CONTRACT
This CONTRACT made and entered into this _ day of , 2006 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
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CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, II
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilmember
Approved as to form and
legal sufficiency:
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
Bryan D. Ruff
Assistant City Attorney
( Contractor)
By:
(SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the
(TITLE)
, a Florida Corporation, with its principal place
(herein, the "Contractor").
of
of business located at
That the Contractor was the general contractor under a contract executed on the day of
, 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
AFFIANT
This _ day of
,2006.
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal, and
as Surety, are held and firmly bound unto the City of Clearwater,
Florida, in the sum of Dollars ($ )
(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
The condition of the above obligation is such that if the attached Proposal of
as Principal, and
as
Surety, for work specified as:
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue
by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this
day of
,2006.
(principal must indicate whether
corporation, partnership, company
or individual)
Principal
The person signing shall, in his own
handwriting, sign the Principal's
name, his own name and his title;
the person signing for a corporation
must, by affidavit, show his authority
to bind the corporation.
By:
Title
Surety
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AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF
)
)
being duly sworn, deposes and says that he/she is
Secretary of
a corporation organized and existing under ahd by virtue of the laws of the State of Florida, and having
its principal office at:
Street & Number
City
County
State
Affiant further says that he IS familiar with the records, minute books and by-laws of
(Name of Corporation)
Affiant further says that
IS
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for
for said corporation by virtue of
(state whether a provision of by laws or a Resolution of the Board of
Directors. If by Resolution give date of adoption).
Affiant
Sworn to before me this
day of
, 2006.
Notary Public
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
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NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF )
being, first duly sworn, deposes and says that he is
of
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this _ day of
, 2006.
Notary Public
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PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
SectionV.doc
Page 10
Revised: 5/11/2006
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PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
($
)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES:
ADDRESSES:
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
SectionV.doc
Page II
Revised: 5/11/2006
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corporation.
By:
Title:
Business Address of Bidder:
City and State:
Zip Code
Dated at
, this
day of
, A.D., 2006
Section V .doc
Page 12
Revised: 5/ll/2006
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CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT:
Acknowledgment is hereby made ofthe following addenda received since issuance of Plans and
Specifications.
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
(Name of Bidder)
(Signature of Officer)
(Title of Officer)
(Date)
Section V .doc
Page 13
Revised: 5/11/2006
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BIDDER'S PROPOSAL - UNIT PRICES
PROJECT: DREW STREET AND US 19 OVERPASS LANDSCAPE IMPROVEMENTS
PROJECT DESCRIPTION: OS-Q004-EN
Item Description Unit Quantity Unit Cost Total Cost
Plant Material Schedule
Cabbage Palm: Min. 3X3' Root Ball, 20' & 24' O.A.
1 Ht. EA 189
Oleander -- ''White and Calypso:: Min. 3 Gal., 30"
2 Ht. X 24" SDd. EA 531
Dwarf Fakahatchee Grass: Min 3 Gal., 24'X24''''
3 SDd. EA 2,795
Rhizomatous Ornamental Peanut, Solid 30" Wide
4 Rolled Sod SF 6,417
Irrigation and Additional Materials
Recycled Hardwood Log Mulch: Labor and
5 Materials CY 22
6 Automatic Irrigation w/Control: Labor and Materials LS 1
SUBTOTAL (ITEMS 1-6
7 10% Contingencv
TOTAL (ITEMS 1-7)
ALTERNATE BID:
8 Maintenance: Annual Landscaoe LS 1
Bidder's Grand Total Base Bid, Contingency and Alternate Bid Items 1-8
CONTRACTOR:
BIDDER'S GRAND TOTAL BASE BIDICONTINGENCY PLUS ALTERNATE BID $
(NUMBERS)
BIDDER'S GRAND TOTAL BASE BIDICONTINGENCY PLUS ALTERNATE BID
(WORDS)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND
THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE
BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT
PRICES AND LUMP SUM PRICE SHALL GOVERN.
Section V.doc
Page 14
Revised 12/22/04
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GROUNDS
MAINTENANCE
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CITY OF CLEARWATER, PARKS & RECREATION DEPARTMENT
US 19 & DREW OVERPASS
GROUNDSNUUNTENANCESPECInCATIONS
BID PROPOSAL FORM
Having carefully examined the attached "US 19 & Drew Overpass" - Location List Form,
Scope of Work Checklist, and the Grounds Maintenance Specifications", as well as each of
the premises and all conditions affecting the required work, the undersigned proposes to furnish
all maintenance, permits, insurance, labor, material and equipment for the entire work in
accordance with the specifications for the total sum thereon indicated, which amount includes all
bonds and taxes.
Total Annual Cost for Contracted Services: I $
Labor Cost per Work-Hour for Additional Services:. $
The undersigned hereby declares that the only person or persons interested in the Quote Proposal
as principal or principals are named herein; that no other person than is herein mentioned has any
interest in the Proposal or in the Contract to be entered into; that this Quote is made without
connection with any other person, company, or parties making a Quote Proposal; and, that it is in
all respects fair and in good faith without collusion or fraud.
The undersigned further declares that the site of the Work has been examined, that he/she is fully
informed with regard to all conditions pertaining to the place where the Work is to be done, and
that the Specifications for the Work have been fully examined prior to submittal of this Quote.
Further, if this Quote Proposal is accepted, the Undersigned agrees to be prepared to contract
with the City of Clearwater and begin maintenance within thirty (30) days. The Undersigned
states that (please print), an individual employed by
and representing the Undersigned firm, is qualified under. the local and state laws as a licensed
Contractor.
The Undersigned has attached a Certificate of Insurance for Liability Coverage, Automobile, and
Worker's Compensation, a copy of the Occupational License, a List of Equipment, References,
and Manpower, and a list of professional certifications held by their staff.
Respectfully submitted,
Finn Name
Date
Finn Address
Official Signature
City
State
Zip code
Print Official's Name
Title
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CITY OF CLEARWATER
GROUNDS MAINTENANCE SPECIFICATIONS
1.0. INSTRUCTIONS
1.1. PROPOSAL: Written Quotes will be received for furnishing all labor, material, equipment,
supervision, transportation and all other services necessary for furnishing landscape maintenance
service, for the City of Clearwater Parks and Recreation Department, herein specified and as required by
the Department. Any Quotes received after the time and date specified for submittal in these
Instructions will not be considered. Please provide unit prices for labor charges involved with
maintenance and landscape work that may be needed in addition to the services established in these
specifications.
Quotes shall include:
A. A Certificate of Insurance (page 3-4, section 2.1 G) for Liability Coverage, Automobile, and
Worker Compensation.
B. A copy of the Contractor's Occupational License.
C. A list of the equipment owned by the Contractor and required for this contract.
D. A list of three (3) references of current commercial customers within the Tampa Bay Area to be
qualified
E. A list of Manpower for this Project, containing the number of people and job title ofthose
persons assigned to various tasks.
F. A copy of the Contractor's Certified Pest Control Operator (C.P.O.) certificate as licensed by the
Department of Agriculture (page 4-5, section 2.1 H-l).
G. A list ofthe Professional Certifications held by its employees.
1.2. SUBMISSION OF OUOTES: Quote Proposals shall be received at the Purchasing Department, 100
South Myrtle Avenue, Third Floor, Clearwater, Florida 33758-4748 no later than 11:00 a.m. on June
20.2006 or by mail to the Purchasing Manager, Purchasing Department, P.O. box 4748, Clearwater, FL
33758-4748.
The competency and responsibility of Contractor's will be considered in making the award. The
City reserves the right to reject any and all quotes.
1.3. TERMS OF CONTRACT: The purpose of this Quote is to establish a contract for the purchase of
maintenance services for a twelve (12) month period, on or before September 30.2006 (60 day
contract). However, once the contract has been established, it may be renewed under the same terms and
conditions up to a maximum of three years.
1.4. EXAMINATION OF SITES: Each Contractor is required, before submitting his/her quote, to visit the
site of the proposed work and become familiar with any local conditions, which may in any manner
affect the work to be done or affect the equipment, materials and labor required. The Contractor is also
required to examine carefully the specifications and conditions and inform himself/herselfthoroughly
regarding any and all conditions and requirements that may in any manner affect the work to be
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performed under this contract. No additional allowances shall be made because oflack of knowledge of
these conditions.
1.5. LOCATIONS: For site locations refer to the attached Location List Form. Qualified Contractors
shall provide a Quote for all ofthe sites shown, and provide separate prices for each site.
NOTE: Contractors shall contact James Belcher at (727) 224-7106, or Nathan Brigman at (727)
224-7107, for any information regarding the services to be rendered and/or these specifications.
GENERAL CONDITIONS
2.1. CONTRACTOR'S REPONSIBILITIES
A. Local Office: The Contractor shall maintain a local office with a competent company representative
that can be reached during normal working hours and authorized to discuss matters pertaining to this
contract with a Parks and Recreation Department Representative. A local office is one that can be
reached by telephone without it being a toll call. An answering machine service or mobile telephone
shall fulfill the requirement for a local office.
B. Contractor and Independent Contractor - Indemnification: The Contractor shall act under the
contract as an independent contractor and will not be an agent or employee of the City. The
Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent employee of the City. The Contractor shall indemnify and
otherwise hold harmless the City, and its officials, officers, directors, employees, agents and other
representatives, from all liability, loss, or damage (including reasonable attorney's fees and other
costs of defense) resulting from damage or injury to persons or property caused, or claimed to have
been caused by acts or omissions of the Contractor.
C. Laws. Permits and Regulations: The Contractor shall have all necessary licenses and permits (City,
County, and State) as required for work under this contract; and shall comply with all laws,
ordinances, regulations, etc., applicable to the work contemplated herein. The Contractor is
presumed to be familiar with local laws, ordinances and regulations that may in any way affect the
work. Ignorance on the part of the Contractor will in no way relieve himlher from responsibility.
D. Responsibility for Work: The Contractor shall be responsible for all damage, loss or injuries that
occur as a result of the fault or negligence of said Contractor or his/her employees in connection with
the performance ofthis work.
E. The successful Contractor(s) shall not assign, transfer, conveyor otherwise dispose of this contract,
or of any or all of his /her or its rights, title or interest herein, or his/her or its power to execute such
contract to any person, company or cooperation without prior written consent of the City.
F. Cancellation: Either party may cancel the contract with or without cause by giving thirty (30) days
written notice to the other party.
G. Insurance: The Contractor shall indemnify and save the City harmless from any and all claims,
liability, losses and courses of actions, which may arise out of the fulfillment of this Agreement.
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Contractor shall pay all claims and losses of any nature whatever in connection therewith, and shall
defend all suits in the name of the City when applicable, and shall pay all costs and judgments, which
may issue thereon.
The Contractor shall maintain during the term of this agreement the following insurance:
a. Workers' Compensation Insurance for all employees of the Contractor as required
by Florida Statute 440.
b. Public Liability Insurance on comprehensive basis, in amounts not less than
$100,000 per person and $300,000 per occurrence for bodily injury, and $50,000
per occurrence for property damage.
c. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with the work, in amounts not less than $100,000 per person
and $300,000 per occurrence for bodily injury, and $50,000 per occurrence for
property damage.
The insurance coverage required shall include those classifications as listed in standard
liability insurance manuals, which most nearly reflects the operations of the Contractor.
All insurance policies shall be issued in companies authorized to do business under the
laws of the State of Florida.
The Contractor shall furnish Certificates of Insurance to the City of Clearwater Parks and
Recreation Department naming the City of Clearwater as additional insured, prior to the
commencement of operations, and no material change or cancellation of the insurance
shall be effective without thirty (30) days prior written notice to the City.
Compliance with the foregoing requirements shall not relieve the Contractor of his /her
liability and obligation under this Section or under any other section of this Agreement.
H. Employees: All employees of the Contractor shall be considered to be at all times the sole employees
of the Contractor under his/her sole direction and not an employee or agent of the City. The
Contractor shall supply competent and physically capable employees and the City may require the
Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise
objectionable, and whose continued employment on City property is not in the best interest of the
City. All personnel will be skilled in the field in which they work; that is, no minimum wage,
unskilled laborers will perform the work. The Contractor will provide a list to the City containing
the number of people assigned to various tasks. All grounds maintenance crews will be required to
wear approved company uniform, abide by any and all company and OSHA (Occupational Safety
and Health Act) safety standards, and conduct themselves in a well-mannered, orderly fashion while
on the City grounds
1. Professional Staff Certifications: The Contractor is required to have a permanent,
fulltime Licensed Certified Pest Control Operator (C.P.O.) on staff and to provide to the
City a copy of that person's certificate as well as Department of Agriculture Pesticide
Applicators License. The Contractor will also provide a list to the City containing the
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names, license or certificate numbers, and expiration date, for permanent (fulltime) staff
members who are ISA Certified Arborists or Florida Certified Horticulture Professionals.
I. Repairs to Existing Facilities:
1. All portions of the existing structure, facility services, utility roads and irrigation systems
shall be protected against damage or interrupted service at all times by the Contractor
during the term of this contract. Any damage to the property as a result of the
performance of work by the Contractor, under this specification during the term of the
contract, shall be repaired or replaced in kind and in an approved manner. All work of
this kind shall be performed by the Contractor at no cost to the City and shall be as
directed by the Parks and Recreation Department Representative. Repairs to facilities
shall be made immediately after damage or alteration occurs, unless otherwise directed.
2. Repairs to the existing structures or facilities, including irrigation systems, which are
damaged or altered in any way, including acts of God, vandalism, vehicular damage,
theft, or undetermined damages, that do not result from the performance or work by the
Contractor shall be repaired by the City at no cost to the Contractor, except where the
specifications provide otherwise.
3. The Contractor shall notify the Parks and Recreation Department within twenty-four (24)
hours, after discovery of any damage caused by accident, vandalism, theft, acts of God, or
undetermined causes.
4. Safety Requirements: The Parks and Recreation Department reserves the right to issue
restraint or cease orders to the Contractor when unsafe or harmful acts are observed or
reported relative to the performance of the work under this contract.
5. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from hislher operations. Any hazardous condition noted
by the Contractor, which is not a result ofhislher operations, shall immediately be
reported to the Parks and Recreation Department. Contact James Belcher (727) 224-7106
or Nathan Brigman (727) 224-7107.
2.2. FAILURE TO PERFORM SATISFACTORILY
A. It is agreed and understood that in the short term, if the Contractor fails to perform the work as
specified herein, the Parks and Recreation Department (1) will only pay for the amount of service
received as determined by the Parks and Recreation Department with an appropriate downward
adjustment in contract price, or (2) may have such repair work done by Parks and Recreation staff or
otherwise.
B. Default of Contracts: The City may by written notice delivered to the Contractor's given address
terminate the contract if the Contractor has failed in performing hislher services in a manner
satisfactory to the City as per specifications. The date of termination shall be stated in the notice.
The City shall be sole judge of nonperformance.
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2.3. CONTRACTOR'S STATEMENT OF EXPERIENCE. TECHNICAL ABILITIES AND
REFERENCES
A. The Contractor is required to supply, along the Quote Proposal Form, a list ofthree (3) references for
current commercial customers, where he/she performs work of a similar character to that included in
the proposed contract. The contractor may choose to supply a general listing of current clients /
accounts, along with a contact name and phone number. These references will enable the City to
judge the Contractor's responsibility, experience, skill and business standing. The City reserves the
right to reject any Quote when, in its opinion, the Contractor has insufficient experience,
responsibility, skill or business standing to perform the proposed work in strict compliance with the
specifications, or when the information provided is insufficient for making a judgment.
2.4. PAYMENTS WITHHELD: The City may withhold payment to such extend as may be necessary to
protect the City from loss due to:
A. Work required in the specifications, which is defective, incomplete, or not performed.
B. Claims filed or reasonable evidence indicating probable filing of claims.
2.5. PAYMENT: The Contractor shall submit all invoices to the Parks and Recreation Department.
Invoices shall indicate the date of service, services rendered, and location for which the invoice is being
submitted. Invoices shall be submitted monthly (at the end of each month) for services rendered during
said month.
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PRE-
QUALIFICATION
PACKAGE
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (727) 462-6126 FAX (727) 462-6989
PUBUC WORKS
CONSTRUCTION
May/2006
For your use in bidding this project.
RE: PRE-QUALIFICATION TO BID, CITY OF CLEARWATER
DREW STREET & U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS (OS-0004-EN)
Gentlemen:
Attached per your request is a "QUALIFICATION APPLICATION OF
PROSPECTIVE BIDDER" for the City of Clearwater's construction projects.
Your attention is called to the following three (3) i terns which must
accompany the application: a current financial statement completed
within the past year, three letters of reference, and a list of major
projects completed wi thin the past year (each project: is to include
type of work, dollar volume, name and phone number of project
representative or owner) .
All of the above items must be received before review of the
application can begin. For contractors interested in any particular
project, the complete pre-qualification package must be received prior
to ~ at the time of bid submittal.
Bid acceptance will be
qualification standards.
contingent
ability to meet
City
upon
We appreciate your interest in the City of Clearwater and ask that you
direct any questions concerning the pre-qualifying process to me at
telephone (727) 562-4950 Ext. 7203.
Sincerely,
Gary A. Johnson, CGC
Public Services Director
/ae
Attachment
FR".NK HIBBARD, IvlAYOR
BILL JONSON, VICE-MAYOR
Bon HAMIlTON, COUNCILMEMIJER
*
JOHN DORAN, COUNCILMEMBER
CARI.EN A. PETERSEN, COUNCILMEMIJER
"EQUAl. EMPLOYl>lENT AND AFFIRMATIVE ACl"JON EillPLOYEE"
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OUALIFICATION APPLICATION OF PROSPECTIVE BIDDER
CITY OF CLEARWATER CONSTRUCTION PROJECTS
TO: City of Clearwater Construction Division
Attn: Alice Eckman, Construction Office Specialist
410 N. Myrtle Avenue or (P.O. Box 4748, Clw. FL. 33758-4748)
Clearwater, Florida 33755
DATE:
PURPOSE: To provide the City with reasonable assurance that the
prospective bidder on City of Clearwater formal construction
contracts has the financial assets, resources, work force, and
work experience to successfully complete contemplated
construction contract agreements with the City.
CONTRACTOR FIRM NAME:
BUSINESS ADDRESS:
CITY - STATE - ZIP CODE:
PHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
TYPE OF ORGANIZATION:
(Individual, Corporation, Partnership, etc.)
LIST ALL PRINCIPALS OF ORGANIZATION:
(President, Vice-President, Secretary-Treasurer, Partner, etc.)
DATE ORGANIZATION BEGAN UNDER PRESENT NAME:
OTHER NAMES AND DATES UNDER WHICH ORGANIZATION EXISTED:
REFERENCES:
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CONTRACTOR'S LICENSE NUMBER:
INDIVIDUAL HOLDING LICENSE:
ISSUING AUTHORITY:
CLASSIFICATION OF LICENSE:
HAS YOUR FIRM EVER FAILED TO COMPLETE WORK AWARDED TO YOU? IF
SO, WHERE AND WHY?
NUMBER OF FULL TIME EMPLOYEE'S DIRECTLY ON APPLICANTS PAYROLL:
PRESENT VALUE OF AND GENERAL TYPE OF ALL CONSTRUCTION AND
OPERATIONAL EQUIPMENT DIRECTLY OWNED BY THE APPLICANT
(INFORMATION MAY BE OBTAINED FROM MOST RECENT FINANCIAL STATEMENT
& INCLUDE LONG TERM LEASE/PURCHASE EQUIPMENT) :
The pre-qualification to bid limitation is an amount of dollars
equal to the amount of the largest single construction proj ect
which has been successfully completed by the Contractor. The
pre-qualification amount is limited to the particular
construction categories in which the Contractor is approved to
perform work. This pre-qualification amount may be adjusted as
the Contractor may successfully complete larger construction
projects. The Contractor may exhibit where two or more similar
projects were substantially accomplished by the Contractor at the
same time where the aggregate amount of these projects in excess
of the largest single project accomplished. This aggregate amount
will be considered as the pre-qualification amount up to an
amount equal to 150% of the largest single project amount. Pre-
qualification amounts and categories may be limited as warranted
by the City's experience with the Contractor's construction
projects.
LARGEST SINGLE PROJECT COMPLETED BY THE CONTRACTOR:
1. AMOUNT: $
2. DATE OF COMPLETION:
3. TYPE OF WORK:
4. OWNER/REFERENCE:
Telephone Number
Address
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ALTERNATE PRE-QUALIFICATION AMOUNT IS BASED ON THE AGGREGATE
TOTAL AMOUNT OF CONCURRENT PROJECTS COMPLETED BY CONTRACTOR WITH
A MAXIMUM AMOUNT OF 150% OF LARGEST SINGLE PROJECT LISTED ABOVE.
LARGEST AGGREGATE AMOUNT COMPLETED BY CONTRACTOR WHERE WORK WAS
PERFORMED AT THE SAME TIME:
$
(Total aggregate amount determined from project list below)
PROJECT 1
PROJECT 2
PROJECT 3
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
1. AMOUNT: $
2. DATE OF START OF WORK:
3. DATE OF COMPLETION:
4. TYPE OF WORK:
5. OWNER/REPRESENTATIVE:
Telephone Number:
Address:
THE FOLLOWING THREE ADDITIONAL ITEMS ARE TO ACCOMPANY THIS
APPLICATION:
1. A current Financial Statement for your company which
will be returned uncopied upon completion of review.
2. A list of major projects completed (each project is to
include type of work, dollar volume, name and phone
number of project representative or owner) .
3. Three letters of reference are requested from owners
your company has performed work for. The reference
letters shall be on the owner's letterhead and contain
the following information:
A.) Location and type of work.
B.) Dollar volume with your company.
C.) Project owner's name, address & phone number.
D.) Surety Company involved, if any.
E.) Consulting Engineer or Architect, address and
phone number.
F.) Starting and completion dates.
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Pre-qualification is limited to particular construction
categories or construction activities in which the Contractor has
successfully completed construction projects or extensive work in
the category in conjunction with larger project work. Following
are the general categories of construction work which are
available for contractor pre-qualification approval by the City
of Clearwater. Check those categories for which your firm is
seeking pre-qualification approval. To receive approval in a
particular construction category, your application must contain
documentation of successfully completed work experience in that
category. This documentation is to be included in your firm's
completed proj ect list as described above. In addition, your
application must exhibit that your firm has sufficient equipment,
resources, and employees on your firm1s direct payroll to
complete work as a prime contractor in each approved construction
work category. Contractors with an insufficient work force or
insufficient resources will not be approved for pre-qualification
or will not receive pre-qualification in particular work
categories.
ASPHALTIC CONCRETE RESURFACING......... ...... ......
BRIDGE CONSTRUCTION AND MODIFICATION... ........ ....
COMMERCIAL BUILDINGS ..............................
CONCRETE FLAT WORK (CURBS, WALKS, COURTS, ETC.)....
EXCAVATION/SITE WORK/CHANNEL STABILIZATION . . . .
GUNITE RESTORATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HORIZONTAL DIRECTIONAL DRILLING. . . . . . . .. . .
INDUSTRIAL PAINTING................................
LANDSCAPING & IRRIGATION ..........................
MARINE CONSTRUCTION....... . . . . . . . . . . . . . . . . . . . . . . . . .
MARINE DREDGING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROADWAY AND PARKING LOT CONSTRUCTION............ ...
SANITARY PUMP STATIONS................ ..... ........
SANITARY AND STORM SEWERS..........................
TENNIS COURTS......................................
URBAN STREETSCAPE........... .......................
WASTEWATER & WATER TREATMENT FACILITIES............
WATER AND FORCE MAINS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WELL CONSTRUCTION... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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THE FOLLOWING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
FIRM:
BY:
(Please Type)
SIGNATURE:
TITLE:
(Owner, President, etc.)
DATE:
5
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve agreement provisions for professional engineering services contracts with the firms of Advanced
Engineering & Design Inc.; Advanced Systems Engineering; Arcadis G & M, Inc.; Ayres Associates; Black
& Veatch Corporation; Cumbey & Fair, Inc.; DKS Associates; Grimail Crawford, Inc.; H.W. Lochner, Inc.;
HDR Engineering, Inc. Jones Edmunds & Associates Inc., Kissinger Campo & Associates Corp., Malcolm
Pirnie Inc.; McKim & Creed, P.A.; Parsons; Post, Buckley, Schuh & Jerrigan, Inc.; TBE Group; URS
Corporation and Wade-Trim and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City's current Engineer of Record (EaR) contracts will expire July 24, 2006. On April 17, 2006 a
Request for Proposals (RFQ-II-06) was issued for a new Engineer of Record contract. This RFQ required a
fully staffed operational office in the Tampa Bay Metropolitan area. On May 17, 2006, twenty-eight (28)
engineering consulting firms responded to the RFQ. On March 26,2006, a selection committee consisting of
representatives from the City Manager's Office, Public Works Administration, Engineering, Public Services,
Public Utilities and Clearwater Gas System decided to retain the eleven (11) incumbent EaR's. In addition,
ten (10) new engineering consulting firms were short listed including two (2) new "speciality firms" Eight (8)
firms gave oral technical presentations on June 6, 2006 and the selection committee chose six (6) new firms to
enter into EaR contracts. The Engineering firms were evaluated and rated according to the following criteria:
. Technical ability, including technical education and training of personnel. Evaluation will be based not only
upon the firm's capabilities, but also upon the abilities and accomplishments of the individuals to be assigned
to the project. Availability to expeditiously complete assignments. Clearwater business and community
involvement. Fullness of response - management and technical staff ability' Prior municipal experience
including permitting expertise with Federal, State, and Local Regulatory agencies. Quality Assurance and
Quality Control The selection committee recommendation is to negotiate three (3) year EaR contracts with
the following nineteen (19) engineering consulting firms: Advanced Engineering & Design Inc., Sf.
Petersburg, Florida; Advanced Systems Engineering, Clearwater, Florida; Arcadis G & M, Inc., Tampa,
Florida; Ayres Associates, Tampa, Florida; Black & Veatch Corporation, Tampa, Florida; Cumbey & Fair,
Inc., Clearwater, Florida; DKS Associates, Tampa, Florida; Grimail Crawford, Inc., Tampa, Florida; H.W.
Lochner, Inc., Clearwater, Florida; HDR Engineering, Inc., Tampa, Florida; Jones Edmunds & Associates
Inc., Tampa, Florida; Kissinger Campo & Associates Corp., Tampa, Florida; Malcolm Pirnie, Inc., Tampa,
Florida; McKim & Creed, P.A., Clearwater, Florida; Parsons, Tampa, Florida; Post, Buckley, Schuh &
Jerrigan, Inc., Tampa, Florida; TBE Group, Clearwater, Florida; URS Corporation, Tampa, Florida; and
Wade- Trim, Tampa, Fdlorida. While negotiating with the nineteen (19) firms, attention was given to assuring
that the costs for services by each firm were competitive with contracts entered into with other clients in the
Tampa Bay area. Careful consideration was given to drafting contracts with competitive costs for services
over the term of the agreement. Standard hourly rates have been established and are reflected in the contracts.
The multiplier to be applied to raw salary cost for the "Cost times Multiplier Basis" for all firms is 3.25%.By
entering into an agreement with the nineteen (19) engineering firms, the City maintains maximum flexibility
in making use of the best expertise and talent available in support of the diverse projects required to
implement the Capital Improvement Program.
Review Approval: 1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the day of
2006 by and between the City of Clearwater, Florida and
. (ENGINEER) and/or (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain
professional services pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services
in accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representations given by the ENGINEER and/or ARCHITECT in a proposal
dated February 2006:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the City will be that of a
professional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with and
for the CITY toward solutions to engineering /architectural problems and the approach or
technique to be used toward accomplishment of the City's objective for each project or
assignment. Expected professional project services shall include, but not be limited to,
planning, analysis, design, preparation of construction plans and details, regulatory
permitting, preparation of technical specifications, preparation of bid and contract
documents and construction management for potential City project areas listed below:
. Parks & Recreational facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Fire Department facility improvements, including expansion or improvements to existing
facilities as well as development of new facilities
. Police Department facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Marine & Aviation facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities.
. Library facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
. Parking facility improvements, including expansion or improvements to existing facilities
as well as development of new facilities.
. General Services / Solid Waste facility improvements, including expansion or
improvements to existing facilities as well as development of new facilities.
2.2 The following lists other work assignments that may be reasonably required under the
general scope of this professional agreement:
. Land surveys, right-of-way surveys, preparation of right-of-way control surveys,
preparation of right-of-way mapping/parcel descriptions/parcel sketches.
. Transportation improvement planning and studies, including Project Development &
Environment (PD&E) studies.
. Appraisals of land under consideration for acquisition by the City.
. Review and assessment of the applicability of designlbuild contracts for various City
improvements.
. Development/preparation of grant applications for City projects.
. Preparation and implementation of public involvement programs, including graphics
powerpoint presentation, slides, handouts, etc.
2.3 The ENGINEER'S and/or ARCHITECT'S services under this Agreement will be
provided under Work Orders. Generally, each Work Order will include the services for a
single project or assignment, and it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with applicable fiscal and
budgetary constraints. Total compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City Council.
2.4 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of
professionally qualified personnel available to the City for the purpose of rendering the
required engineering and/or architect services hereunder, and shall diligently execute the
work to meet the completion time established.
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2.5 The City reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do
so by the City, coordinate and work with other engineering and/or architectural firms
retained by the City.
3.0 PERIOD OF SERVICES
3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully
executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of
a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER'S and/or ARCHITECT'S services called for under any Work Order
are delayed for reasons beyond the ENGINEER'S and/or ARCHITECT'S control, the
time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continues in force until five (5)
years from the date of execution, subject to the provisions for termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the
City.
4.0 INSURANCE REQUIREMENTS
See Exhibit "A" attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNA) - Florida Statutes 287.055
Professional Services requested in this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, etc., supplied
by the ENGINEER shall become the property of the City. The City acknowledges that
such documents are not intended or represented to be suitable for use by the City or to
others for purposes other than those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by the ENGINEER and/or
ARCHITECT for the specific purpose intended will be at the City's sole risk without
liability or legal exposure to the ENGINEER and/or ARCHITECT.
6.2 When authorized, the ENGINEER and/or ARCHITECT shall prepare a final estimate of
probable construction costs, following City approval of the bid documents and other pre-
bid activities. The City hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed, as a promise that
designed facilities will not exceed a cost limitation. Should the lowest, responsive and
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acceptable bid price received by the City within three (3) months from the date of the
City's approval of the bid documents exceed the ENGINEER'S and/or ARCHITECT'S
final cost estimate by more than ten percent (10%), the ENGINEER and/or ARCHITECT
shall perform a detailed evaluation of the low bid. The evaluation will review the bid
prices on a line item basis, identifying areas of disagreement and providing a rationale for
the difference.
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental agreement will be negotiated
between the City and the ENGINEER an/or ARCHITECT describing the services desired
and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER and/or ARCHITECT'S written request, the City will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and/or ARCHITECT and City mutually deem necessary.
6.5 The City and the ENGINEER and/or ARCHTIECT each bind themselves and their
successors, legal representatives and assigns to the other party to this Agreement and to
the partners, successors, legal representatives and assigns of each other party, in respect
to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold
harmless the City from all claims, demands, liabilities and suits caused by any negligent
act, error or omission of the ENGINEER and/or ARCHITECT, the ENGINEER'S and/or
ARCHITECT'S subcontractors, agents, or employees in rendering the professional
services called for herein. It is specifically understood and agreed, however, that this
indemnification agreement does not cover or indemnify the City for its own negligence.
The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save,
and hold harmless the City from any and all fines, costs, and expenses caused by, directly
or indirectly, with the ENGINEER'S and/or ARCHITECT'S failure to comply with any
applicable laws, statutes, ordinances, or government regulations.
6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or
persons in the employ of the City to an allied capacity, on either a full or part-time basis,
on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to City projects by the ENGINEER shall not be removed from
the projects until alternate personnel acceptable to the City are approved in writing by the
City.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
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7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER'S and/or ARCHITECT'S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit "B".
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the City once each
month. Such invoices shall be due and payable upon receipt.
7.3 The ENGINEER and/or ARCHITECT agree to allow full and open inspection of payroll
records and expenditures in connection with hourly rate and cost plus fixed fee work
assignments upon request of the City.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the ENGINEER
and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed
to pay any persons, company, corporation, individual or firm, other than a bona fide
employee working for the ENGINEER and/or ARCHITECT any fee, percentage, gift, or
any other consideration, contingent upon or resulting from the award or making of this
Agreement.
9.0 TERMINA TION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of outstanding Work Orders for all work performed up to the date of
termination.
10.0 SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
City, without affecting any other Work Order or this Agreement, the ENGINEER and/or
ARCHITECT shall be given five (5) days prior written notice of such action and shall be
compensated for professional services provided up to the date of suspension, cancellation
or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of
Florida and venue for any legal arising out of this Agreement shall be in Pinellas County.
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11.0 TERMINA TION OF CONVENIENCE
Either the City or the ENGINEER and/or ARCHITECT may terminate the Agreement at
any time by giving written notice to the other of such termination and specifying the
effective date of such termination at least thirty (30) days before said termination date. If
the Agreement is terminated by the City as provided herein, the ENGINEER and/or
ARCHITECT will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date and year first above written.
By:
WITNESS:
By:
Countersigned:
CITY OF CLEARWATER
By:
Frank Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form:
ATTEST:
By:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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EXHIBIT "A"
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for services and/or products of other
parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be
included in agreements and contracts.
CITY DEFINED
The term "City" (wherever it may appear) is defined to mean the City itself, its Council, the
Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created
pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies,
officers, employees, volunteers, representatives and agents.
OTHER PARTY DEFINED
The term "other party" (wherever it may appear) is defined to mean the other person or entity which is
a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees,
volunteers, representatives, agents, contractors, and subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement
or contract unless such claims are a result of the City's sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as
may be selected by the City, for all claims described in the "Hold Harmless" paragraph.
Such payment on behalf of the City shall be in addition to any and all other legal remedies available to
the City and shall not be considered to be the City's exclusive remedy.
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INSURANCE
The other party shall provide the following described insurance, except for coverage's specifically
waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the other party. The City does not
represent these types or amounts of insurance to be sufficient or adequate to protect the other party's
interests or liabilities, but are merely minimum.
Except for Workers' Compensation and Professional Liability, the other party's insurance policies
shall be endorsed to name the City as an additional insured to the extent of the City's interests arising
from this contract or agreement.
Except for Workers' Compensation, the other party waives its right of recovery against the City, to the
extent permitted by its insurance policies.
The other party shall request that its insurers' policies include or be endorsed to include a severability
of interest/cross liability provision so the City will be treated as if a separate policy were in existence
without increasing the policy limits.
The other party's deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. The other
party is responsible for the amount of any deductible or self-insured retention.
Workers' Compensation Coveraee
The other party shall purchase and maintain Workers' Compensation Insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least $100,000 each
accident and 100,000 each employee/$500,000 policy limit for disease.
The other party shall also purchase any other coverage's required by law for the benefit of the
employees.
General. Automobile and Excess or Umbrella Liabilitv Coveraee
The other party shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial or Comprehensive General Liability and Business Auto policies of the
Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella
insurance making up the difference, if any, between the policy limits of underlying policies (including
employers liability required in the Workers' Compensation Coverage section) and the total amount of
coverage required.
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Commercial General Liability
If Commercial General Liability coverage is provided:
Coveraee "A": Shall include premises, operations, products and
completed operations, independent contractors, contractual liability covering this
agreement or contract, and broad form property damage coverage's.
Coveraee "B": Shall include personal injury.
Coveraee "C": Medical payments are not required.
Occurrence Form:
The occurrence form of Commercial General Liability must be provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall include at least:
. Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property damage
resulting from explosion, collapse or underground (x,c,u) exposures.
. Broad Form Comprehensive General Liability coverage, or its equivalent, with at
least: $1,000,000.00.
. Broad form contractual liability covering this agreement or contract, personal injury
liability and broad form property damage liability.
Products/Completed Operations Coveraee
The other party is required to continue to purchase products contract or agreement, for a minimum of
three years (3) beyond the City's acceptance of renovation or construction projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising out of
operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and
employee non-ownership use.
W atercraft/ Aircraft Liability
If the other party's provision of services involves utilization of watercraft or aircraft, watercraft
and/or aircraft liability coverage must be provided to include bodily injury and property damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-
owned and hired.
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Excess or Umbrella Liabilitv
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage's.
CERTIFICA TES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified at least thirty (30) days in advance of cancellation, non-renewal or adverse change. New
Certificates of Insurance are to be provided to the City at least fifteen (15) days prior to coverage
renewals.
If requested by the City, the other party shall furnish complete copies of the other party's insurance
policies, forms, and endorsements.
The address where all such Certificates of Insurance and policies of insurance, when requested, shall
be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 33758-4748
For Commercial General Liability coverage, the other party shall, at the option of the City, provide
an indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, that indicate less coverage than required does not constitute a
waiver of the other party's obligation to fulfill the insurance requirements herein.
INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of the other party shall be considered
primary, and insurance of the City shall be considered excess, as may be applicable to claims
that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance
and Certificates of Insurance provisions of this agreement or contract.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by the other party for the protection of all persons,
including employees, and property. The other party shall be expected to comply with all applicable
laws, regulations, or ordinances related to safety and health and shall make special efforts where
appropriate to detect hazardous conditions and shall take prompt action where loss control/safety
measures should reasonably be expected.
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The City may order work to be stopped if conditions exist that present immediate danger to persons
or property. The other party acknowledges that such stoppage will not shift responsibility for any
damages from the other party to the City.
CONSIDERA TION FOR HOLD HARMLESS/PA YMENT ON BEHALF
Applicable to Florida Construction Contracts
The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the
consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance
and Certificates of Insurance provisions in this agreement or contract.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
work being performed.
Commercial General Liabilitv Increased General Aeereeate Limit
The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is
greater than the occurrence limit simply because it is an annual aggregate limit.
Installation Floater Insurance
Installation Floater insurance is to be provided to cover damage or destruction to equipment being
installed or otherwise being handled or stored by the other party. The amount of coverage should be
adequate to provide full replacement value of the equipment being installed, otherwise being handled
or stored on or off premises. All risks coverage is preferred.
Motor Truck Careo Insurance
If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck
Cargo or Transportation insurance is to be provided for materials or equipment transported in the
other party's vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
Contractor's EQuipment Insurance
Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery
utilized in the performance of work by the other party. All risks coverage is preferred.
Fidelitv/Dishonestv Insurance - Coveraee for Emplover
Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party's
employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.;
especially property necessary to work performed.
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Fidelitv/Dishonestv/Liabilitv Insurance - Coveraee for City
Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the
other party's employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insurance for renovation or construction
contracts, in addition to required coverage's previously cited, including Additional Insurance for
Repair or Service or Other Contract.
Commercial General Liabilitv Proiect Aeereeate
Because the Commercial General Liability form of coverage includes an annual
aggregate limitation on the amount of insurance provided, a separate project aggregate
limit is required by the City for this contract or agreement.
Owners Protective Liabilitv
For renovation or construction contracts the other party shall provide for the City an
Owners Protective Liability insurance policy (preferably through the other party's
insurer) in the name of the City.
Builders Risk
Builders Risk insurance is to be purchased to cover the property for all risks of loss,
subject to a waiver of coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance previously described if such
coverage's are not separately provided.
The Builders Risk insurance is to be endorsed to cover the interests of all parties,
including the City and all contractors and subcontractors. The insurance is to be
endorsed to grant permission to occupy.
PROFESSIONAL LIABILITY. MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
X Hold Harmless
The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for bodily injury, sickness, disease,
death or personal injury or damage to property or loss of use resulting therefrom arising
out of performance of the agreement or contract, unless such claims are a result of the
City's own negligence.
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The City shall also be held harmless against all claims for financial lost with respect to
the provision of or failure to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of performance of
the agreement or contract, unless such claims are a result of the City's own negligence.
X Professional Liabilitv/Malpractice/Errors or Omissions Insurance
The other party shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for the type of business engaged in by the
other party with minimum limits of $1,000,000 per occurrence.
If a claim's made form of coverage is provided, the retroactive date of coverage shall
be no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that any new policy provide a
retroactive date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to enter into a written agreement,
contract, or purchase order with the City that incorporates, either in writing or by reference, all of the
pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to
do so, may, at the sole discretion of the City, disqualify any party from performing services or selling
products to the City provided; however, the City reserves the right to waive any such requirements.
13
Exhibit "B"
****
Provision of Payment
BASIS FOR PAYMENT
The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHITECT
agrees to accept as full compensation for its services (as established by Work Order)
compensation as computed by one of the following methods:
Method "A" - Costs Times Multiplier Basis -
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based
on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00.
Method "B" - Lump Sum -
Compensation in the form of "lump sum" shall be determined by mutual agreement between the
ENGINEER and/or ARCHITECT and the City. The lump sum amount shall be negotiated based
upon a scope of services developed by the ENGINEER and/or ARCHITECT and approved by
the City.
14
15
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Cooperative funding agreement in the amount of $1,000,000 with the Southwest Florida Water
Management District (SWFWMD) to share the cost of implementation of the Stevenson Creek Watershed:
Implementation of Best Management Practices, Turner Street Connector(L554)and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Commission approved a Cooperative funding agreement with the SWFWMD for the Stevenson Creek
Watershed Plan on May 4, 2000. The agreement included plan development and project implementation. The
planning phase was completed in August 2001 and the City is implementing the recommended projects. The
City recieved approval from the SWFWMD in previous years for $506,250 in FY 02, $418,750 in FY 03 and
$1,575,560 in FY 04. These grants awards totalled $2,500,560 and are being utilized for implementation of
projects recomended in the Watershed Management Plan. The City applied to the SWFWMD for $1,000,000
of FY 05 cooperative funding for the implementation of the Turner Street Connector project. The City was
notified in October 2005 that our application had been accepted and funding for the grant had been approved
based on the following cost share ratio: City 50% $1,000,000 SWFWMD 50% $1,000,000 Total 100%
$2,000,000 The SWFWMD requested that we bring this contract forward for approval to assist them with
encumbering their 50% share of the agreement within their fiscal year. A first quarter amendment will
increase the budget, only, for SWFWMD grant funding (337900) by $1,000,000 in the Capital Improvement
Program Project 0315-96144, Stevenson Creek Implementation Projects. A copy of the grant agreement is
available for review in the Office of Official Records and Legislative Services. The Turner Street Connector
Project will be brought before the Commission for approval when design is complete in March 07.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
AGREEMENT NO. 06C00000086
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STEVENSONS CREEK WATERSHED: IMPLEMENTATION OF BMPs,
TURNER STREET CONNECTOR (L554)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of
Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater
Florida, 33758-4748, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under
the DISTRICT'S cooperative funding program; and
WHEREAS, the project consists of design, construction permitting, construction documents,
bidding and contractor selection, construction, and construction engineering and inspection
for the Turner Street box culvert connector, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
CITY in funding the PROJECT.
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers will assist with
PROJECT coordination and will be each party's prime contact person. Notices and
reports will be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below: in the introductory paragraph
of this Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Richard Mayer
Elliot Shoberg
Page 1 of 7
Any changes to the above representatives or addresses must be provided to the other
party in writing.
1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline set forth in this Agreement. Such approval must
be in writing, explain the reason for the extension and be signed by the Project
Manager and his or her Department Director, or Deputy Executive Director if the
Department Director is the Project Manager. The DISTRICT'S Project Manager is
not authorized to approve any time extension which will result in an increased cost
to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4,
Contract Period.
1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Proposed Project Plan set forth in Exhibit liB" or, if
applicable, the refined budget as set forth in Paragraph 3.1 below. The adjustment
must be in writing, explain the reason for the adjustment, and be signed by the
Project Manager, his or her Department Director and Deputy Executive Director.
The DISTRICT'S Project Manager is not authorized to make changes to the Scope
of Work and is not authorized to approve any increase in the not-to-exceed amount
set forth in the funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY agrees to perform the services necessary to complete the PROJECT in
accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and
the Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work
and associated costs, except as provided herein, must be mutually agreed to in a formal
written amendment approved by the DISTRICT and the CITY prior to being performed
by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely
responsible for managing the PROJECT, including the hiring and supervising of any
consultants or contractors it engages in order to complete the PROJECT.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million
Dollars ($2,000,000). The DISTRICT agrees to fund PROJECT costs up to One Million
Dollars ($ 1,000,000) and will have no obligation to pay any costs beyond this maximum
amount. The CITY agrees to fund PROJECT costs up to One Million Dollars
($1,000,000) and will be responsible for all costs in excess of the anticipated total
PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT
costs prior to requesting reimbursement from the DISTRICT.
3.1 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT
costs in accordance with the Project Budget contained in the Proposed Project
Plan set forth in Exhibit "B." The CITY may contract with consultant(s) or
contractor(s) or both in accordance with the Special Project Terms and Conditions
set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for
the work set forth in such contract(s) will refine the amounts set forth in the Project
Page 2 of 7
Budget and be incorporated herein by reference. The DISTRICT will reimburse the
CITY for 50 percent of all allowable costs in each DISTRICT approved invoice
received from the CITY, but at no point in time will the DISTRICT'S expenditure
amount under this Agreement exceed expenditures made by the CITY. Payment
will be made to the CITY in accordance with the Local Government Prompt
Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.), upon receipt of an
invoice, with the appropriate support documentation, which will be submitted to the
DISTRICT monthly at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The Project Budget includes any travel expenses which may be authorized under
this Agreement and reimbursement will be paid in accordance with Section
112.061, F.S., as may be amended from time to time, and District Procedure 13-5,
attached hereto as Exhibit "C."
3.3 The CITY will not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work.
3.4 Each CITY invoice must include the following certification, and the CITY hereby
delegates authority by virtue of this Agreement to its Project Manager to affirm said
certification:
"I hereby certify that the costs requested for reimbursement and the CITY'S
matching funds, as represented in this invoice, are directly related to the
performance under the Stevensons Creek Watershed: Implementation of
BMP's, Turner Street Connector (L554) agreement between the Southwest
Florida Water Management District and City of Clearwater (Agreement No.
06C00000086), are allowable, allocable, properly documented, and are in
accordance with the approved project budget."
3.5 The DISTRICT'S performance and payment pursuant to this Agreement is
contingent upon the DISTRICT'S Governing Board appropriating funds for the
PROJECT.
4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties
and will remain in effect through May 30, 2009, unless terminated, pursuant to
Paragraph 9 below, or amended in writing by the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party will maintain all such records and
Page 3 of 7
documents for at least three (3) years following completion of the PROJECT. All
records and documents generated or received by either party in relation to the
PROJECT are subject to the Public Records Act, Chapter 119, F.S.
6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or
products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property of the DISTRICT and the CITY, jointly.
7. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports,
models, studies, maps or other documents resulting from the PROJECT.
8. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense,
including attorney fees and costs and attorney fees and costs on appeal, arising from
the negligent acts or omissions of the indemnifying party's officers, employees,
contractors and agents related to its performance under this Agreement. This provision
does not constitute a waiver of either party's sovereign immunity under Section 768.28,
F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S.
9. DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, as long as the terminating party is
not in default of any term or condition of this Agreement. To initiate termination, the
terminating party must provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing all terms and conditions with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement will
automatically terminate.
10. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or issue press releases on or about the PROJECT without providing
advance notices or copies to the other party. This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F.S.
11. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if
applicable, Basin Board funding in any reports, models, studies, maps or other
documents resulting from this Agreement, and the form of said recognition will be
subject to DISTRICT approval. If construction is involved, the CITY will provide signage
at the PROJECT site that recognizes funding for this PROJECT provided by the
DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT
written approval as to form, content and location, and must be in accordance with local
sign ordinances.
Page 4 of 7
12. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT. The DISTRICT will
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained such permits and rights and construction has commenced.
13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, related to performance under this Agreement.
14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves
design services, the CITY'S professional designers and the DISTRICT'S regulation and
projects staff will meet regularly during the PROJECT design to discuss ways of
ensuring that the final design for the proposed PROJECT technically complies with all
applicable DISTRICT rules and regulations.
15. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts associated with
DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make
good fa'ith efforts to encourage the participation of minority- and woman-owned business
enterprises, both as prime contractors and sub-contractors, in the performance of this
Agreement, in accordance with applicable laws.
15.1 If requested, the DISTRICT will assist the CITY by sharing information to help the
cooperator in ensuring that minority- and woman-owned businesses are afforded
an opportunity to participate in the performance of this Agreement.
15.2 The CITY agrees to provide to the DISTRICT, upon final completion of the
PROJECT, a report indicating all contractors and sub-contractors who performed
work in association with the PROJECT, the amount spent with each contractor or
sub-contractor, and whether each contractor or sub-contractor was a minority- or
woman-owned business enterprise. If no minority- or woman-owned business
enterprises were used in the performance of this Agreement, then the report shall
so indicate.
16. ASSIGNMENT. No party may assign any of its rights under this Agreement, including
any operation or maintenance duties related to the PROJECT, voluntarily or
involuntarily, whether by merger, consolidation, dissolution, operation of law, or any
other manner without the prior written consent of the other party. In the event of any
purported assignment of rights in violation of this section, the parties agree that this
Agreement shall terminate and is void.
17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied to create, any relationship between the DISTRICT and any subcontractor of the
CITY.
Page 5 of7
18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person or entity not a party to this Agreement.
19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or a state agency.
20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person
or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, F.S.,
for Category Two, for a period of 36 months following the date of being placed. on the
convicted vendor list. CITY agrees to include this provision in all subcontracts issued as
a result of this Agreement.
21. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity. CITY agrees to include this provision in all
subcontracts issued as a result of this Agreement.
22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
23. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority will first be given to
the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," and
then to Exhibit "B."
Exhibit "A"
Exhibit "B"
Exhibit "C"
Special Project Terms and Conditions
Proposed Project Plan
District Travel Procedure 13-5
The remainder of this page intentionally left blank.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moore, Executive Director
Date
CITY OF CLEARWATER
By:
Frank Hibbard, Mayor~~~~
Date
Date
Cynthia E. Goudeau, City Clerk
Date
Appro~ed as to form:
\
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STEVENSONS CREEK WATERSHED: IMPLEMENTATION OF BMPS,
TURNER STREET CONNECTOR (l554)
DISTRICT APPROVAL INITIALS
Page 7 of 7
AGREEMENT NO. 06C00000086
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage
the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to
design and a contractor(s), hereinafter referred to as the "CONTRACTOR," to
construct the PROJECT in accordance with the Proposed Project Plan attached as
Exhibit "B," The CITY will be responsible for administering the contracts with the
CONSULTANT and CONTRACTOR and will give notice to proceed to the
CONSULTANT no later than July 31, 2006.
2. APPROVAL OF CONSTRUCTION BID. DOCUMENTS. The CITY must obtain the
DISTRICT'S written approval of all construction bid documents prior to being
advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its
approval. The DISTRICT'S approval of the construction bid documents does not
constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in compliance with DISTRICT
rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure
that the design professional performs according to the standards of his or her
profession. The CITY will require the design professional to warrant that the
construction documents are adequate for bidding and construction of the PROJECT.
3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF
CITY'S SELECTION OF CONTRACTOR. Upon notifying the CITY'S Project Manager,
the DISTRICT will have the option of participating as an evaluator in the CITY'S
process for selecting the CONSULTANT in accordance with Section 287.055, F.S.
The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids' and a
recommendation to award. The CITY must obtain the DISTRICT'S approval of the
selected CONTRACTOR prior to proceeding with construction of the PROJECT and
the DISTRICT will not unreasonably withhold its approval.
4. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICT'S prior written
approval of all contracts entered into with its CONSULTANTS and its
CONTRACTORS as referenced above in item number one of this exhibit. The
DISTRICT will not unreasonably withhold its approval.
5. COMPLETION DATES. The CITY will commence construction on the PROJECT by
October 15, 2007, and will complete the PROJECT by October 15, 2008. However, in
the event of any national, state or local emergency which significantly affects the
CITY'S ability to perform, such as hurricanes, tornados, floods, acts of God, acts of
war, or other such catastrophes, or other man-made emergencies beyond the control
of the CITY such as labor strikes or riots, then the CITY'S obligation to complete said
work within aforementioned time frames will be suspended for the period of time the
condition continues to exist. This will be the CITY'S sole remedy for the delays set
forth in this paragraph.
Page 1 of 1
AGREEMENT NO. 06C00000086
EXHIBIT "B"
PROPOSED PROJECT PLAN
Proiect. Descri oti on
This PROJECT is construction of 2,000 feet of box culvert to connect the Glen Oaks and
Lake Bellevue project. Refer to Attachment 1 for the PROJECT location. The PROJECT
includes design, construction permitting, construction documents, bidding and contractor
selection, construction and construction engineering and inspection.
PROJECT SCOPE
Key tasks to be performed by the CITY:
1. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the
approach, schedule and budget.
2. Hire a CONSULTANT for design, construction permitting and preparing construction
documents.
3. Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the approved bid documents.
4. Provide construction engineering and inspection services during construction with CITY
staff, or hire a CONSULTANT to provide these services.
5. Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved plans and specifications set forth in the DISTRICT
approved contract between the CITY and its CONTRACTOR.
6. Provide the DISTRICT with one copy of a summary of the construction quality assurance
data, construction record drawings and permit related submittals.
7. Be responsible for any post- PROJECT reporting that may be required by the permitting
agencies.
PROJECT BUDGET
DESCRIPTION
Design, Construction Permitting, and
Construction Documents
Construction
Construction Engineering & Inspection
Total:
CITY DISTRICT TOTAL
$100,000 $100,000 $200,000
$850,000 $850,000 $1,700,000
$50,000 $50,000 $100,000
$1,000,000 $1,000,000 $2,000,000
Page 1 of 2
I
I
PROJECT SCHEDULE
DESCRIPTION
Start up meeting
Design, Construction Permi
Commence Construction
Complete Construction
Provide Construction Recor
ds
COMPLETION
06/30/2006
OS/20/2007
10/15/2007
10/15/2008
12/31/2008
tting, and Construction Documents
Page 2 of 2
Attachment 1 -L554
Connector is shown above
AGREEMENT NO. 06C00000086
EXHIBIT "C"
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I
PROCEDURE
SOUTBWEsT FLORIDA WATERMANAGEMENTDlSTRIcr
TIlLE: TRAVEL '
~E,crrONIDEPAR~: ,A
APPROVED:' ~
NUMBER: 13-5 PAGE: 2 ofl6
OFFICIAL HEADQUARTERS: This is the office, field office or location where the traveler is
normally assigned and from which tbat person perf'onnS the majority of hislher duties. Each
employee's official, h~ ~ be the same as that indicated in the Mea mariced
nLOCATION:" onhislherposition description, except that:
I
j
. a) The offiCial ~ of an ~loyce loc:atcd in the field shall be the city or town nearest to.
the lUCa wh=e the majority ofhislher warlc is ~ or such other city, town, or area as may
be desigJ;iated by- the District provided that in all cases such designation must be in,the best
~tcrest of the District and not for the convenience' of the employee.
b) When ~y employee is stationed in any city, town. or locality fur a pcrlOd of over 30 coritinuous
worlc:days, such loc3tion shaII be d~e4 to be theii official bcadquartcrs. and they shailnot be
allowCd per di~ or subsistence after the said period of 30 continuous wor1cda.ys ~ elapsed
~ess this period of time is extended ~ the ~xpress approVal 'of. the Executive Diiector or.
designee. .
c) W4~ in ~e b.est U;1~st offhe Di~ct, emplo)'ccs may ~dcntifY their home ~ as "P,o.int
ofQrig#1" fof.aSpeCi1ic travel P,CrlOd ifappiOv~ by their suPc=.rvisor. on the tta:vcl8Utho~()n '
. fo~~:- It is in tlI:e~-rf:m~sfoftfiO DiStncfwliCiithC cmpro~'SoomCrSneater~pomtof.
~on th3nbisl1ier official.1ica.dqliarU:rs. If departure froin home is for the convenience of
thc~mpIoy~ anci further fIom the~int of deStinatimitban the official hca(iquaItcrs.thc
reimb~~ Will be a1Jtho#zc:d fur ~ constiUctive distance fro~ the officUiJ'1iCtldq~ tl?
the pomtof cfCstiriation (the lesser of the two).
. .
The otpci,~, ~~ of ~v~g and B~#1 Board zncmbcrs fa their home ~SS.i Bo~d
~l?CtS~1~,~9Urscdfor~~Ui1d tripznil~ ftcmthcir hoD1C~,to tI1c.~~,
w~cn ~:\1:~;Iing.oIiDisirlct btis41ess.' Tocstablish the mileage. B08tdmcmbCr3'zpayp.~vidcthc
odOnieter.~tfP.lg fo~a,ro1Wi triP to their mgulai meetingloc3#on(s) f"C?llowmg thcir~trip to ~
dcstina,tibn~ rfBoard mCmbcrs c:hangc their hOme address during the~ term in offi~.c~ tI.1c mileage
shall be C9rrccicdby providing a tep~ent odomctcrreading indiCating thC date change occurred.
. '\. . :
, .
.'
TRAVEL AlrrHORIZAnON:. This form must" be used by all District employees for the
following Pw:PosCs:
· To obtain, authorization to travel and incur travel related expenses (includes tr3ining sessions
conducted at other District offices)
\1,
,'.
'-;
:'-.'!
'"
.' To ~quest registrat:iol?- fce payments
. To requeSt travel.advances>
"i
I
, PROCEDURE
, SOVTBwEsrFLORlDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
SECI10NIDEP~, ',: : ACC
AP1>>ROVED:. ~
NUMBER:- 13-5 PAGE: 3 of 16
G &: FINANCIALREPORTINGlFINANCE
CTIVE DATE: 08/30/96 SU1>>ERSEDES: 13-5 Dated 06/01/96
TRAVEL AUTHORIZATION (CODtf.ulIed): .
Govcming Board m=nbers IQ.ust. use the travel authorization fOIlIl for prior approval of
nOIl~eduled travel outside the District including attendance at conferences or conventions. All
scheduled travel for Governing Boa,rd members ot$idc the District incll,Jding attendance at
conferences or conventions requires prior approval through the consent agenda of a regular monthly
. Governing Bo~meeting.
BaSin Board members must use the travel authorization .form fQr prior approvai of all travel
(including to Governing Board meetings) other than travel to Basin meetings.
COnSultants and 'advisors shall be authorized as travelerS of the Distri~ under the tcrtns of a ~ntract
or agrccmcn~ executed by the Executiye Director or Assist;ant Executive Director.
Advisory committee members shall be authorized as travelers of the District py bIiuiket trivel,
'authorization with attachCdli~of all individuals selectecfby the Executive Director to serve on that
co~ttCe. This IiStirig sbal1 be updated by the E~ecutive Department when members arC rCmoved
or addCd to the list '. ,
Employmer1t candidates formanagCm~ or professional positiOIis shall be aUthorized lIS tra.ve~eIS
of the District 'under a travel a~o~tion fOIm prepared by the Human Rcsour~ Department
representative at the time 'liavci ammgements.arc made. The Travel Voucher fo~ will also be
p#~d by the, H~ Rcsc;iurces Departinent represcri.tative in conjunction wi$ the type of
rei!noUI'8.Czqent ~ to by thc'candidate. Candidate will be asked to'sign the authoiimtion and
travel voucher forms'upon arrival for the interview.
l'fu?,foim must dC?fu1e the public pwpose and include dc.$tination. dates of ~vcl. i:nod.c of
~o~tion, estiiri.tcdcost and.required approval authority signatures prior to schCdulingthe
tiiveL Thepre-p~ fo~ must bctyped or cOmpleted in ink A copy of the fully ~eCuted Tmyel
AUthorization ni1ist be on filem the traveler's department prior to departure for all travel pwposes
and reriWn on :file for tho current fiscal year plus one year. .
B~T TRAVEL At1TIIORIZATION: If an employee travels regularly for work
assi~ts to a particular loCation or siInilar locations. a "blanket" travel authoriiation fo~ should
be cOmpleted to COVCl'thcCU1"icnt fiscat year (or requircdtravel period Iotthc aSsignment) and
plaCed ~n file in the Finance Department. The form must be signed by the traveler and an required
approval authorities.
PROCEDURE'
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICf
TITLE: TRAVEL
SEcnONIDEP~: AC '
,APPROVED: LJ~ .
NUMBER: IJ..S PAGE: 4 of16
UNTING &. FINANCIAL REPORTINGlFlNANCE
DATE: 08/30/96 SUPERsEDES: 13-5 Dated 06/01/96
BLANKET 'IRA VEL AUTHORIZATION (coDtfnaed):
· The completed travel autIrorization form shall indicate an "as needed" status.
· The white and pink copies of the travel authorization fonn must be submitted to the Accounts
Payable scctio~ of the Finance Dcp;a.rtment for the Finance file of record. The yellow copy must
be tefained in th.c= travelers departa.tent file for the current fiscal year plus one year in compliance .
wi~ the State Retention Schedule.
· Each time Ii Travel Voucher is submitted utilizing a blanket travel authorization. the traveler
must .t;'Cfercnce thc-rA-##### on the Travel Voucher fonn. ' .
· A master blanket travel authorization may be Submitted to cover all locations witbjn the District
boundaries., although,' for regular work: assignments ,outside District boundaries a'separate
"blanket" travel ~thorization Will be required for each specific location. .
· Blanket travel a~orizatiops do not indicate the ppint of origin. Tho travel voucher submitted
for this type oftIavel will.document the point of origin approved by the supervisor.'
SIGNATUREs R&QUIRED FOR'PlA VEL AUTHORIZATIO:N: 'I"M~velcrmust sign the
fomi in ink and sCCUl'e,the appropriam approval authoritY signatui'es as indicated. No One may
ex~ SignatuIc authority for himself or hc::rsclf. rather, approval of a higher level of authority must
be obtained. '
· . ~YELER: Govemiag BoaId ~embcrs (required for non-sclleduled travel outside Disjrict
in~~:u@1g conf~es or CcmventioDS only)
APP~<<;>V.AI.; SIGNATURE REQUIRED: Governing Board Chllinnlln or Vice Chaittnan
· TRA YEL~ BasiIl Board members (fCquii'ed for aU travel including Governing Board
Iiieeting$; hot'rcquiIed for Basin Board meetings)
.APP~6V AL SIGNA~ ~QUIRED: Basin Board Chainnan Ex-officio of Governing
BoatdChainnlln or Vice Chaimian
· TRAVELER: Executiv~ Director (required for travel outside the Districfboundaries and to
~ cOnferences Or conventions)
APPROV ALsiGNA~ IU:QumED: Governing Board Chainnan or Vice Chairman
· 'QlA VELER: 'Assistant Executive pirector
, APPROVAL SIGNATuRE REQUIRED: Executive Director
I
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRIcr
NUMBER: -13-S PAGE: 5 of16
TITLE: TRAVEL .
SEcrIONlDEPAR~: ACCO~~~ANCIAL REPORTINGIFINANCE
APPROVED: Ufhlt.cr~DATE:08/30/96 SUPERSEDES: 13-5D~ted06JOI/96
SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION (~Dtfnued):
· TRAVELER:' Deputy Ex~utiye Directors. General Counsel and ~r ~ ,
AP~ROV AL SIGNATuRE REQUIRED: Executive Director or Assistant Executive Director
. TRAVELER: Attomcys
~PROV AL SIGNATURE REQUIRED: General Counsel
.. ~ VELER: Direct0I3' .
. APPROVAL SIGNATURE REQUIRED:" Deputy Executive Directors
· TRAVELER: Employees (outside the state,)
,APPROVAL SIGNATURE REQUIRED: Supc:IViSors and Department Directors, a:od Deputy
EXecutive .piIeclors or General Counsel; and Assistant ~ecutive Director or his designee.
· T:RA VE.LER: Employees (within state outside District or to conferences or conventiOns)
~PROV ~ SIGNA-TImE REQUIRED: SupcrviSQIS andpepartmentDirectors and Deputy
Execu.tive Directors or GcncriU Counsel '
.'
· . ~ ~R: Employees (izWdC.Districtno! to conf~s or coIlveritions)
APPROVAL SIGNATURE REQUIRED: Supervisors andPepartmcnt Directors or deSignee
· TRA VEL~R: Acivisors and Coi1s~tants
.APPRO" AL SIGNATUJ.lE ~QUlRED: Deputy Executive Directors
· ~~R: Advisory Conunittee Members "
APPROVAL SIGNATURE REQUIRED: Executive Director or designee
· T.l{A ~ER: EnlPloymcntCandid:ates
APPROyAL SIGNATURE REQUIRED: Department Director after coo~tion with
H11IWiJ:l ResOurces
.'
TRAvEL voqcllER: A Ttavel Voucher form should be co~pletcd immediately upon return
from a schedUled travel period to verifY aU related expenses.
, '
A travel voucher fonn must be submitted to Accounts Payable within three working days ofretwn
from a travel Pcriod when "Advance Travel Payment" has been received.
Ifno "Advance Travel Paymcn~ has been received, a travel voucher form mUst be submitted to
. Aeeounts Payable within thirtY days of~ctuming from a: travel period.
I
PROCEDURE,
S€?UTHWESr FLORIDA. WATER MANAGEMENT DISTRIcr
TI1l.E: TRAVEL
SECTIONJDEP
APPROVED:
NUMBER: 13-5 PAGE: 6of16
G & FINANCIAL REPORTINGIFINANCE
FECTJVEDATE: 08/30/96' SUPERSEDES: 13-5 Dated06/0I/96
TRAVEL VOUCHER (continued):
The pre-printed travel voucher fonn m~t be typed or completed in ink ,and ~orization dOcuments
(i.e., 'copies gftravel authorization form, ag~ registration fOIm. etc.) must be attached. Blanket
travel authorization foIIDS on fiIf' '0 Finance must be referenced on the Travel Voucher by providing ,
the TA 1Ilt.'1.W.
,
· Each, one-way trip must be entered. on aseparatc line of the Travel Voucher. The point of origin
(from) and desftnation (to) must be indicated. '
· The first IIleg" '(one-way trip) of travel period must include the actual time dCparted from the ,
po~t of origiil and. the last nleg" oftbat travel pCriod must show the tUnc rcturnCd and location
of fQJaldcsiination. HoUr of departure and hour of return' are tcquired for all travel periods.
ContinUoUs travelperiods would iCquirc ~g the time at the bCglTmmg of the fiIst lI}cg'i and
the time at completion of the finaI "leg. II
· ContinuouS ~vel betwCCJ1 various destinations must be detailed on the ';rravel Voucher. Each
"leg" of cOnti~uoUs travel will inc1udC a point of origin. destiJiation and 8ssociated explanation
QfpubIic pUrpose.
· The public pmpo&e n:quircme:n~ must be defined on the Travel Voucher by indicating topic of
a mec;ting (i.e.. Meeting on SWIM Issues. Meeting with Deputy Director). type ofconferen~
or convention (i.e.. GFOA COnrCrencc, A WW A Conference). pwpo$c of an event (i.e., ribbon
. cutting fot Scrvlce office), etc. '
Govermngand-Basin Board members may elect to sUbmit Travel Vouchers quarterly.
, ,
VI~ ~GE: Vicinity miieag!:l reptesenoimi1es (hivc:n after arrivBI at ~d ~
frQ~IlPoinl of ~~on to anoth='pO~ withiiI $c WIle city Gilly w~ neCcs~ t9 Conduct
. offici31 Dil..~1]ess mmng t.h.c pCrlod conSidered "vicinity" txavel. Vicinity mileage IIn~st be rePorted
sePa.latClyon thcTravel, Voucher faa:n 811d an expl~tionmust be included to justify public-
PtUPose. Rep9It ~te, destination., pUblic pwposc. and beginiliiig' and ending- odome~ readings
(Auto Mi1~ COde "2") 'on Travel VQucher to proVide the required dOcumeDtation.
"Odometer Mileage TalFrom Destinationll (Auto Miles Code ")") is not considetcd Vicinity mileage
(scCj AUTo' EXPENSES for reporting fcqUkemerits). -
SIGNATURES REQUIRED FOR TRAVEL VOUCHER: Tbe traveler muSt sign the form in
i~aI1d securC the appropriate approval authority signatures as indicated. No one may exercise
signature authority for himself or herself, rather~ apptovaIi of i1 higher level of au~ority must be
obtained.
PROCEDURE .
SOUTHWEsT FLORIDA WATER MANAGEMENT DISTRIcr
, TITLE: TRAVEL
SECTIONIDEPA
APPROVED:
NUMBER: -13-5 PAGE: 7of16
G &: FINANCIAL REPORTINGIFINANCE
VE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01196
SIGNATURES REQUIRED FOR TRAVEL VOUCHER (continued):
· TRA ~ Governing Board and Basin Board members and Executive Director,
APPROVAL SIGNATURE REQUIRED: Traveler is only signature required except as stated
in the Board PoliCY whcnprior approval is required
, ,
· TRA VELE:Q.: Assistant'Executive Director '
APPROVAL SIGNA~ REQUIRED: EXecutive Director
· TRAVELER: Deputy ExecUtive Directors. General Counsel arid Inspector General
APPROV ~ SIGNATURE RF;QUIRED: Assistant Executive Director
· TRAVELER: Attomcys
APPROVAL SIGNATURE REQUIlUD: General Counselor Scnipr Supervising Attorneys
· T;RA. VELER: DirectOrs ~
APPROVAL SIGNA~ QQUIRED: Deputy Executive Directors
· TRA~ER: Etnployees
APPROVAL SIqNATURE REQUIRED: Supervisors and/or M~gCIS and Departm~t
Directors ordesigilec' ,
· TRA~R~ A~ ~dConsu1tants
APPRO" AL SIGNATURE REQUIRED: Deputy Executive Director
. "
· ~ ~rt: A~ry C()mmittcc Mcmbca .
APPR:OV AL SIGNATURE REQUIRED: Executive Director or designee
· ~ ~R: ~loymentC!U1didates
APP;R.O" AL SIGNATURE REQUIRED: Department Directors upon coordination with
Human ReSources
ACCOUNT CODING: All travel fonns relating to a. specific travel peri~ must bear the saine
accoUnting data to properly ideritifr.tbc: traveler's department. section, public PUIpOSe and location
as wc1.:1 as the fund and 'account to be charged. '
I
PROCEDURE
SOUTIIWEST FLORIDA WATERMANA~EMENT DISTRICT
NUMBER:-13-S PAGE: 8 of16
mLE: TRAVEL , .
SEcrIONJDEPAR~: ~C~~ & FINANCIAL REPORTING/FINANCE
APPROVED: ~ tr ~ DATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01/96
CLASSES OF TRAVEL:
Class A and B travel shall m~lude any assignment on official District busin~s away from official
headquarteIS when it isconsi~ reasonable and neccssaIY to stay overnight and for which travel
expenses arc approved. . ,
Class A Contirwous travel of24 hours or more away from official hcadqwirters and away from
h~ ovcmi~ This is calculated based on four equal quarters of six hows each which
shall be a calendar day (midnight tQ midnight).
Class B Continuous travel of less that 24 hours which involves overinght ab~ from official
headquarters and away nom home overnight This is calculated based on 6-hour cycles
beginning at the hour of departure. '
Class C Short or day-time !riPs where the .traveler is not ~way ,from official' headquarters
overmght or when travel OccUIS dUring evening hoUrs .due to special assignment'tQ
: condu,Ct 'District business~
PER DIE~: (RelateS to Class A at B Travel Only)
(I) A fIat rate up to. $50 pQ' day ($12.50 per quarter day) reqUiring no receiptS for ~ms or meals,
or .
(2)~~urscmcntfor thcsctuaI lodging Cost for single occupancy to be substanti8,tcdby paid bills,
.as, Wen as ~~Jj2ed meal aIIowanco rates described below. When lodging: or IIle8IS are .
. pl'()vicl~c;I at a ~ie insti~tion, the traveler shall be reimbursed only for the acttial expense of"
~04girig or ineaIS not tocxeeCd the niaximum allowances.
or
(3) Two or more District employees electing to share a room wbiIc traveling under Class A or B
ttclvcl s~,~~, eJect 'tl1e ~~ ~ diem method ofreimbJIISement (l) Or (2) as descn~
ab9ve~ IfrCiri:t~~t opti~n (2) is el~ only the actaal cost of the room as w:ell as the
authorized meal BiIow~' shall be reimb~ .
or
(4) In the case offoreiga travel, the traveler may choose th~ State per diem rate as stated above or
the fo.tcigntravei per diem rate as authorized by Section 112.061(3)( e), Florida Statutes.
To be eligible for per di~ or any travel expense allowances. the travel must be authorized by the
appropriatcapproval authority and must meet the public purpose requirement
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
'SECfIONIDU
APPROVED:
NUMBER:: 13-5 PAGE: 9 of16
: ACCOUNTING & FINANCIAL REPORTINGIFlNANCa
FECfIVE DATE: 08130196 SuPERSEDES: 13-5 Dated 06/01/96
.MEAL A:UOW ~CE RATES: (Relates to Class C Travel) ,
To Receive Must Depart Must R.etum
P~ent"For: Prior To: After Allowance
Breakfast 6 im. 8 a.m. $3
Ltinch 12 noon 2p.m. $6
Dinnez: 6 p.m. 8 p.m. $12
Meal allowanCes will be Paid to persons in Class C Travel status when participating in ~hedu1ed
public nieequss, Seminars, workshops, special assignments or other official busineSs which occurs
oUtside the noin:ia1 work assigmncnt of a travel~r.
"., -v~ . . .. .
Field staifshaiI only receive~mCa.l alloWancc(s) when an: assignql,cn.t requires overtin:ic status since
their nonnaI worle assignment Is "in the field. II .
In co~pliancc ~th Internal Revenue SefVice. PublicatioI1IS, Circular E. Employ~s Tax Guide,
ClasS C meal allowance r'eimbmcments ale subject to' corisidcration as incOme for tax purposes.
~ a con:fCzencc or convention registration fee inclu4es m~ fh.e traveler will no:t bc,reimbuzsed
for tile meals,befug provic;fed. If the pJ"Ogiam for a conference or C<<?nv~Iition states that ~ast, ,
Iuncili. or diuncr is incl~d in the f~, the traveler' is eXpected to receive ~ m~ witho.ut
reUn9qi"sen1em: (ContincntSl breakfast Ii consi~ a breakfast and is not re1xnbursable when
prQvi~' 'Brunch will be coDsidered at ~ lunch aUowanpc ~te.) ReunbUI'SClrient for meal expense
will ~t11C"8ppropri8.teD1eaI aUo\VanCCrate regardleSs of the actual cOSt'ofthe ~caLJ:hctraveICr
mustabsorb'anycoSt above the meal allowance amOunt. TIps wilt Dot be refuibuned.
AVTO ~~SES: Mileag~ will be reitp.bursed at the rate approved by the State JcigisIaturc for
the rolin,d trip from thctravelcr's point of origin t9 point of destination when'the travelc:r is
authorized to uSe his or her own personal vehiCle for official District bUsiness. The following
guidelines apply:
., It is recomm~dcd that a District pool vehicle be used for all District travei unless one is not
avai1~lc or use. of a personal vehicle would be more efficient or cost effective. Use of a
perSOnal vehicle shall be authorized by thc trav.elcr's Director,as deemed appropriate. .
· All mileage claimed must be by a usuallytmveled route from the point of origin to thc'pOint of
destination. cmipter 112.061(7)(a), Florida Statutes. states, "All travel must be by a usually
traveled route. In c::ase a person ~velsby an ~t route for his 'own convenience. any ~
costS shall be bonle by the traveler; and reimbursement for expenses shall be based only on such
charges as have been incuired by a usually traveled route. It '
PROCEDURE
SOUl'llWEST i'LQRIDA WATEKMANAGEMENT DIsnucr
TlTLF.: TRAVEL
~EcrrONIDEPAR
APPROVED:
NUMBER: 13-5 PAGE: It) ofI6
G & FINANCIAL REPORTINGIFINANCE
E ECTIVE DArE: 08/30/96 SUl"ERSEDES: 13-5 Dated 06/01196
AUT<;) EXPENSE$ (cODtinued):
· Whenever the point of origin and point of destination ~ within two different dty limits
indicated On the Florida Department ofTransportationofficiaI transportation map. mileage' shall
be determined by Using the Official Highway Mileage chart (Exhibi~ A). which provides the
computed distance from the "town'" of origin to the "town" of destination, not actual odometer
~gs. ..If either town/city does not apPear 00 the chart. or when involved in vicinity travel,
tniIeage shou)d be shown by actual odometer readings. ~ver empioyees travel betw~
District service office i. ~eage shall be determine.d by using the District Mileage Chart
(Exhibit B).' .
· Forallcootinuous travel trips reporting ~ employee's home as the point of origin (departure
- point), the aIioWBl?le miic3ge from thC point of origin (employee's home) to the first work stop .
shall be the leSser of the actual odometer mileage or the distance from the employee's official
headquarters to hislher ~ work stop. .
· For all CQntinuous ti'avelttips tepOrting the .=pIoyce's home as a final dc.stination.. the allowable
mileage .~m.thc last worJc stop'to the final desti1i.atiotl (employee's home) ~ be the ICsse:r of
the actual OOODlcter mileage ~ the distance from the cmpIoyee's'Iast work stop to hislher official
hcadq~. .
· Reimbursement for e~ndi~ rcl~to the operation, maintenance and ownership of a"
pCrsorial vehicic. other than mileage is Dot permitted.
· T'Yo round trip~ to an airport may ~ approved if it is detenpincd to be morc economical than
One io~. trip ~11Js the aiIpOrt.parking fce for the personal ve~cle dUring the schc:chitCd fraveL
AJ,lTOMOlJnx ~ALS: Each Gov~g Board member, the EXecutive Dircct~.. As~~tant
&~titi~e DirectOr. Deputy &~tivc DirectOr, 'GeneIal Counsel. .attOrneys a.nd o~cr in~Vi4~
authorlzcd b . the G~Vcmfu. BOard or Executive Director ma be' lic:d a Rental AgcnCyC~tral
.....- Y.. '.' g . . .. Y. supp . . '. .' .
Billing Credit.card for their use While on DiStrict business. Purchasing will order aDd dis~butc ~
canis aftefreceiVingan approved C~t CardsIK.eys Request fonn 1lom the authorlzCd iJldividuals.
. An ; ';:>Io~ who is ~ to use: a ~ auto, put has not been assigned an auto C4Cdit caxd,may
rcq!:,':~ a RCntal Agcney Otie Trip Travel Qrder(O.T.T.O.). The O.T.T.O. is asubstitUtc!,or an auto
credie card to be used only once. Travelers may.requeSt thcO.T.T.D. by submitting ,a Iilemo to
PUrchasing with a. copy their fully executed Travel Authorization fonn attached.
. PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICl'
TITLE: TRAVEL
SECl'IONJDEPAR
APPRO~D:
NUMBER: 13-5 PAGE: 11 of16
. ,ACGOUNTING & FINANCIAL REPORTING/FINANCE
EFFECTIVEDATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01196
AlrrOMOBILE RENTALS (continued):
The ~tcatdandO.T.r.O. axepmvidcd bythc rental agency as part of its agreement with the State
of Florida. Individuals using ,a credit card or O.T.T.O. are to ensure that the proper discolDlt is
applied, that no sale$ tax is'charged. and that the most economical type of vehicle to appiopriately
a'*>mmodate the travel needs is requested. ,
Class ' Vehicl~ Size
leA) Sub-Compact
,2(Bj Compact"
3(C) Intermediate
4(E) Full Size 4ldr
'5{V) Mini-Van
Code
ECAR
qlAR
IDAR
FDAR
MVAN
. AIR TRA~: It is the responsibility of the schcduIiIig department to detennine the most
economical method ofnvel prior to making reservations. Reservations may not be ID.adc Wltil
a1>propri~ travel authoriZatianrcq~ts .have ,been met. The District's Cont;act Travel
~geinentSCivi~pi:'ovider should be l!.tilized exclusiVely for requeSting esti:rDateS ,aDd bOolpng
t1ipts unless, substantial sav4igs. Can be rca1izcd by utilizing anOther source. The 'respective ,
department is responSible fOf inSking, r:hangiilg and/or ,cancelling rescrvanons., AIl C?Qri1merc::ial
t1igli~ will be'coach class unless not available. - ,
Air Travel Cards arc credit cards accepted by most major airlines for flights limited to North
~ca. Thesc~ ~ or~assipdand distributed by Purchasing. 'Use CIcdit:CardsI:KCYs
Rc:cl~~ foqn,to ~est AAairfravel Card. Nonnally, these CardS ~ only ~ to GovCDlirig ~
'l1l.~~~ ~:~tJyc'~t ASsiStant~vc~tor. beputyExecutiveDirCCtom; ~
Cp~cl, 'D~tors 'lil,td AftOiiiCys. other ~ may request aft travel Cards only after obtammg
authoriz&~on froJIi the Executive DiIcc:tor.
.Trayelcrsm~t re~the passengerreccipt from the used airl#J,e ticket (last page oftick.et). Upon
rettnn to the District, 1hiS ieceiptriutst be forwaIded to ACCQunts Payable 'withUl three business days
with' the ~veier~ si8Dature and approp~ account coding on the cOpy. ",
CHARTER FLIGHT SERVICE: This service is to provide specific transportati,on to attend
m;cCtirigs. etc. in orde:r to conduCt bistrict bU$incsS (overflights are excluded from thIS prpci:durc).
Rcq~csts for GO'i{ernipg aiui/or Basin Board members, Executive DiIcctOr, ASsiStant Executive
Director, DeputyEX:ceutive Directors, and General Couns'cl charter flights Will be arrangi:d through
, the Exc;cutive Dcparf.mCD.t after receiving approval as stated in the Policy. The use of charter flights
by $ff ~embers should be an exception and must be authorized by the Executive Director., A
requisition (RX) must be entered into'the financial systeIIllwith the flight schedule information in
order for i purchaSe Order to be processed. . '
PROCEDURE
SOUTIIWEST ~ORlDA WATER MANAGEMENT DISi'RIcr
mE: TRAVEL
SECfIONJDEPAR
APPROVED:
NUMBER:" 13-5 PAGE; 12of16
G & FINANCIAL REPORTINGIFINANCE
CTIVE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01/96
CHAR~R ~IGIU' SERVICE (continued):
Purchasing. will process the request in accordance with Board Policy 150-1 and District ProcediIrc
15-1 gQvcqiliig procurement practices, which includes contracting for semcts With an appropriate
charter flight service. obtain.ing the required services at the best responsible price (consistent with
trip requ,irements and safetY), and can~llinglchanging the servi~es l'eCJl:lCStCd upon l'e~ipt of
116tifiCation from tl;e requesting department. EmcrgeJicy ~gements may be madei direct1ywith
PI1rchasing who will then notify the Executive Department andfcquesl pICpara~on oithe required
do<:uments. .
UodcrnOrmal ~,payment oforrciniburscment for travel by private or company..owncd
or charter plane:! sbaII be no greater than tbat allowed for commercial (coach class) 8ir travel rate for'
equivalent distance.
~OTEIJMOTEL ACCOMMODAnONS: Lodging expense is reiinbursal>lc. to authoriz~
Dismcl:1rivelers requiring overnight abSeriCc away froin iJfficial headquarters and' home under
Cl~ ,.f., ot B ~l{e[. The traveler may not receive reimbiirScmc.nt for lodging withiIi the local area
unless ~ by the Deputy EXCcutiv~ DireCtor ofMariagcment Services. . .
.. '.
In order t() achieve a cost sa\7ings to the District, the Di~trict may contract dircct1y with the
hot.ellniotel. ' .
On occa,sioD$ when the travelers tIight schedule or ending time of a conference prevents r~g
ham" by aI'Ca$O~Ie.ho~, the Departmcnt Dircctotmust detennine whether an additional overnight
aceoIninodatloIi.is ,warranted.
E~G~CY ~ENSES: Emc:rgencyexpenses that are ~ot ~atcd to travel shou14 D,()t appea.r
on $e T~vcl Voucher. Paid invoice or receipt for such eXpenses must be ' .suQmitt.ed for
reiIi!bursement thrQugh petty cash or. if over $25, by submitting a check request to AccoUnts
Payable.
OTHER EXPENSES:. When expenses are incidental to travel, receipts ~ be a~cd to the
Travel,Vo'iicher and explained briefly on the form or.an attached memorandu.m. ~ipts arc '
rCquired in aIl~es e~ccpt when receiptS are not possible (i.e., psrking meters). An cxplaruUion
must be included to explain when no receipt is avaiIable. Ifproof of payment or explanati~n is not
submitted, reunburscIncnt cannot be authorized. - ,
r
PROCEDURE
SOUTHWEST FLORIDA WATERMANAGEMENTDISl'RICT
NUMB~ 13-5 PAGE: 13 ofl6
1TfLE: TRAVEL , .
sEcnoNmEPA~: ACC9~~~CIAL REPORTINGIFINANCE
APPROVED: ~-<r' ~E DATE: 08130/96 ,SUPERSEDES: 13-5 Dated 06/01196
OTHER EXPENSES (CODtinUed):
Other authoiized expCnses include:
1. Tons for road,.bridgc, ferxyJ etc. (receipts tcquired when available)
2. P~g aDd storage fees (receipts required - except meter parldng)
3. Longdistan~ ,telephone charges. for business pmposes (ieccipts required -except when coin operated
devices are tIS,.d) .
4. Nominal telephOne expenses* for business pmposes (reCeipts required - except when coin ()perated
deviCes ~ lised) .
5. Taxi fare or other similar transportation costs associated with attending business fimctions or
$O~g to (from) the hotel (receipt required)' ,
6. Comcrci1ce or convention registration fee paid directly by the traveler while attending. a
conference or convention serving ~e public purpose on behalf of the Distric~ (xeceipt requited)
7. State, sales tax p~d directly by the traveler on purchases directly related to nistrict business
(receip_tICq~) '. ',' -. "
· Eip1tzNzJlDil_ tl1l1ldMd 19 Trawl Yordrt,.ul ~ p1161~ J1'I'1'MC ofadl az/lp .....idl "u,,~..m V1YPIIU.
Expenses not rcimbUrsablearc:
1. -Tips or gratuities
2_~ P~~lePhone calls .
3. ExceSs baggage charges unless. ~es ~ for District equipment
Lost ormiss~g~pts will rcquiIe a statement signed by the traveler with Department Director's
approval in ori:iei to.ieccive reimbursement
, ,
O~~,travel~ riot detailed. in the Procedure shall be lWuned by exception with Deputy
EXecutive DircCtots aPproval.
~ ~ ApV ~CES: .Advance payment for official travel may be authorized by th.eExccutive
:oiI&:tor or desip~ fOf Class A or B travel when the traveler anticipates substantial travel eXpc:nses
, (i.e~J 'lod~8'..:fu~~p~g) imd requests funds to cover the associated travel, costS.' T~vel
advanCes Will Dot'l;C aut1iorizCd for Class C travel expenses. ThC? minim~ traveladvancc ~ount
is $50. The ~um havel advance shall not exceed 80 percent of the estiIIlated cost for official
trav~l 'exc1tlciiDg ahYpayin~ts ~ dirCctly by the pistrict The travel adVance win gcneI3l1y be
madC to the traveier on the Thursday prior ~ his/hcr dcplirturc.
Adv:imce payment (or the travelers, credit card authorization) for one night's lodging is usually
reqUired, to ~t~ a reservation if the' traveler will anive after 6 p.m. and maY be required to '
res'erve a room at a preferred. groUp rate. The District may reimburse this one night guarantee as an
adV~ce to the traveler ifthc traveler does not provide a~t card authorization. ~e ~ance~ if
reqmd, will be made to the traveler prior to the due date established by the hotel/motel.
PROCEDURE
SOUTHWESl' nomA WATER MANAGEMENT. DISTRICT
TITLE: TRAVEL
SECl'IONIDEPAR
APPROVED:
NUMBER: 13-5 PAGE: 146f16
: ACCOUNTING & FINANCIAL REPORTINGIFINANCE
FFECTIVEDATE:08/30/96 . SUPERSEDES: 13-5 Dated06/0l/96
TRA VELADV ANCES (continued): .
As soon as possible after the employee leams of a. travel assignment. and an at;lvance is d~ir~ the
employee shpuld complete a Travel Authorization form and mark tqe "Advance travel Payment
ReqUi .,redll section. The request must be approved by the empioyec's Department Diiector befote
paym::u: can be processed.
Within t.hrec woddng days. returning to the District, the traveler who received a travc!8dvance
i~ t:equ4Cdto Submit a completed Travel Voucher. ThCaInoUnt of the travc! advance is to be
deducted from the travel eXpCnscs claimed and any excess navel advance amount must be
rcUnbursed to tJ:e District when submitting the Travel Voucher. .
CONTINUOUS, TRAVEL STA'rUS: Those employees on contUJ.uous travel status may receive
aCOnt!lluous tnlvel advance in an amount not to exceed 80 percent of expectcdtravel expenseS for
a twcrweek bvel period. ContinUouS travelers are defined as emplOyees who routiiiely travel
overnight. These employees Qn continuous travc! status must Complete a- Trayel Voucher on a
. w~kIY basis to do~t 'their actual trav~l cxp~s. If an ~loyeC is no Iongc,r ~n,coritinuous
travclstatus~ any continuous travel advance amount in excess of actUal cxpenscsmust be refunded
to the District' within three busine,ss days.
, '.
The Executive Director mllY modify or interpret this Proce4llre.
PROCEDURE
SOUTHWEsT FLORIDA WATERl'dANAGEMENT DISTRICT
TITLE: TRAVEL
SECnONIDEPAR
, APPROVED:
NUMBER: 13-5 PAGE: IS of16
G & FINANCIAL REPORTINGIFlNANCE
CllVEDATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01l?6
EXHIBIT A .
'OFFlCIAL mGHWAY MILEAGE CHART
Whenever the point of origin and point of dcstiDation arc within two different city limits indlcated
on the Florida Department ofT~rtation official transportation map, mileage sIian be determined'
by USing the' Qffici~ Highway Mileage chart providiDg ~ coDipUted distance from the "town" of
origin to the "town" of dcsbnation, not actual odometer mufuigs. .
To t,isc the mileage chart, dctennine the town of origizund town of destination. Locate both on
chart. PIaCc'IuIer along step beneath town appearmg closest to the right. Follow ~r~sto
intersecting column beneath town appearing closest to th~ left. The number at the, mt:crsCction
represents the one-way mileage betWeen the two. towns. This is the mileage to be reported when
traveling between the city limits of two cities or towns appearing on the mileage chart.
~LE: City of Tampa to ,City ofSt. Petersburg=- 20 miles
. .
NOTE: This ,"Official Highway Mileage" chart is ,printed on the CUIrCI1t Florida Official
Transportation Map which is aVaiIablein each Department.
. IJe. lit )" ill
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m ,. "4 lOa II ,. 211 lei
,.. .. 1M . ZI1 >>
II ,. ,- .,1.
, I
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICl' ,
TITLE: TRAVEL
SE~ONIDEPAR
APPROVED:
NUMBER: "13-5 PAGB: 16 of 16
G & FINANCIAL REPORTINGIFINANCE
C'llVEDATE: 08/30/96 SUPERSEDEs: 13-5 pated 06/01/96
EXHIBIT B
DISTRICl'MlLEAGE CHART
Documented Mileage for Most Direct Route:
. Between Serncc Offices
- HeadqUarterslBrooksviIle
HeadquarterslBrooksville
HeadquarterslBrooksville
HeadquarterslBrooksville
Tampa Service Office
Tampa Service Office
T~pa Service Office
.B~w service Office
Bartow Service Office .
Invc:mess Service Office
Bartow SerVicc Office
Venice servICe Office
Tampa S~~ Office
Inverness Service Office
BartOw Service Office ..~:iJv~~t~ ~.j
Venice SeIVi~ Office : ~;'!(~~~
Inverness'Service Office ri~~~4.~~4
Y~ce Service Office '
'"
Vci1ice Service Offico Invemcss Service office ~fii
. ., . . . . ':." . '". 'Po .:rW. ..-"fl;J: "':~
· These miles were detennined by combining the Comiecting points farwhich mileS fuiVabceii documented.
Three", ',' of the five, Disttict Service offices are not loc~ within the limits of B, city. ~, ,fqrc; the
mileage to t4e.se ~erii~ offices camiat be determined using the Official Highway Milc$gC chart.
These~ryi.;e offlceS3re called: Brooh-ville HeadQ.u8rters, Tampa Semce office: and Venice
ServiCe Office.' " ,
The ~ented mileage between SCIVice otfices as listed m the ab9vc chart shall be usedwhenever
a Distri~ ~velef. is ~v~img between District ~ce offices. IfthCIC arc cxtenuatii1g oruii(orescen
c~ce~ sucl.1 as B detOUr, wh,ich ~uirc the District travel~ to take another lOIiger ro~te, an
explanati()D as to why the mileage reported is greater than the dOcum~ted mileage on. the above
chart muSt be inciuded with the lravclCts submitted Travel Voucher and approved by the authorized ,
signers. '
,
'J.The mileage between the Bartow and !n":,,!1teSS sc:rvica office\. reflects the Official Highway Mileage chart
miles since th~ two servic:c offices arc located ~. .'. 'n the c' limits.
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low
(RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-
3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1574
Crown Street (Lot 16, Block 17, Third Addition to Highland Pines Subdivision); and Pass Ordinance 7637-
06, 7638-06 & 7639-06 on first reading.
SUMMARY:
This annexation involves a 0.163-acre property consisting of one parcel, which is located on the north side of
Crown Street, approximately 400 feet from the intersection of Crown Street and Ridge A venue. The property
is located within an enclave and is contiguous to existing City boundaries; therefore, the proposed annexation
is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The
subject is occupied by a single family detached dwelling. It is proposed that the property be assigned a Future
Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: . The proposed annexation will not
have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent
with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The
subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave. This
annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised.
Please refer to the attached report (ANX2006-02004) for the complete staff analysis. The Community
Development Board reviewed this proposed annexation at its regularly scheduled meeting on May 16,2006
and unanimously recommended approval.
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
Owner Terry Sherman
Site: 1574 Crown St.
Land Use
From:
RU (County)
To:
RU(City)
2" X 2" Map
Case:
Property Size (Acres):
P.O.W. Size
Zoning
AN X2006-02004
0.163
0.10
PIN: 11-29-15-39114-017-0160
R-3 (County)
LMDR (City)
Atlas Page:
270A
LINWOOD DR
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Existing & Surrounding Land Uses Map
Owner
Terry Sherman
Case:
AN X2006-02004
Site:
1574 Crown st.
Property Size (Acres):
R.o.W. Size:
0.163
0.10
Land Use
Zoning
PIN:
11-29-15-39114-017-0160
From
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
270A
LINWOOD DR
1 ,_r~ r---! 1----
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Future Land Use Map
Owner Terry Sherman Case: AN X2006-02004
Property Size (Acres): 0.163
Site: 1574 Crown st. R.o.W. Size: 0.10
Land Use Zoning
PIN: 11-29-15-39114-017-0160
From RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 270A
~ALGONQ~~N ~[]ti IDooORIVE:s
W " ~
cD Cll (') ...J
€ CIR 0 ~ ~ to
~ o/~ .~ ~ S2
ELIZABETH LA ~ D 10 w
\ SUNRISE
C.R.576
TOWNSEND ST
oc oc oc oc OC ~I
0 0 0 0 0 THAMES ST
~
I
PRINCE PHILIP ST
BENTLEY
ST
ENGMAN ST
WuWD
~ ~
g :er
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D
Location Map
Owner Terry Sherman
Case:
AN X2006-02004
0.163
0.10
Site: 1574 Crown St.
Property Size (Acres):
R.o.W. Size:
Land Use
Zoning
PIN: 11-29-15-39114-017-0160
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
270A
Aerial Map
Owner Terry Sherman
Case:
AN X2006-02004
0.163
0.10
Site: 1574 Crown St.
Property Size (Acres):
R.o.W. Size:
Land Use
Zoning
PIN: 11-29-15-39114-017-0160
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
270A
1---1
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Proposed Zoning Map
Owner
Terry Sherman
Case:
AN X2006-02004
Site:
1574 Crown st.
Property Size (Acres):
R.o.W. Size:
0.163
0.10
Land Use
Zoning
PIN:
11-29-15-39114-017-0160
From
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
270A
LINWOOD DR
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Owner
Terry Sherman
Site:
1574 Crown st.
Land Use
From
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To:
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Proposed Annexation Map
Case:
AN X2006-02004
Property Size (Acres):
R.o.W. Size:
0.163
0.10
Zoning
PIN:
11-29-15-39114-017-0160
R-3 (County)
LMDR (City)
Atlas Page:
270A
Views looking northwest
View looking northeast
View looking north
ANX2006-02004
Terry Sherman
1574 Crown Street
ORDINANCE NO. 7637-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF CROWN STREET,
APPROXIMATELY 400 FEET FROM THE INTERSECTION
OF CROWN STREET AND RIDGE AVENUE CONSISTING
OF LOT 16, BLOCK 17, THIRD ADDITION TO HIGHLAND
PINES SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF CROWN STREET, WHOSE POST
OFFICE ADDRESS IS 1574 CROWN STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171 .044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 16, Block 17, Third Addition to Highland Pines Subdivision, according to
the plat thereof, recorded in Plat Book 32, Page 71, Public Records of
Pinellas County, Florida, together with the abutting right-of-way of Crown
Street (ANX2006-02004)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Ordinance No. 7637-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7637-06
ORDINANCE NO. 7638-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE NORTH SIDE OF
CROWN STREET, APPROXIMATELY 400 FEET FROM
THE INTERSECTION OF CROWN STREET AND RIDGE
AVENUE CONSISTING OF LOT 16, BLOCK 17, THIRD
ADDITION TO HIGHLAND PINES SUBDIVISION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
CROWN STREET, WHOSE POST OFFICE ADDRESS IS
1574 CROWN STREET, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqory
Lot 16, Block 17, Third Addition to Highland
Pines Subdivision, according to the plat thereof,
recorded in Plat Book 32, Page 71, Public Records
of Pinellas County, Florida, together with the
abutting right-of-way of Crown Street
Residential Low
(ANX2006-02004 )
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7637-06.
PASSED ON FIRST READING
Ordinance No. 7638-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7638-06
ORDINANCE NO. 7639-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF CROWN STREET,
APPROXIMATELY 400 FEET FROM THE INTERSECTION
OF CROWN STREET AND RIDGE AVENUE CONSISTING
OF LOT 16, BLOCK 17, THIRD ADDITION TO HIGHLAND
PINES SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF CROWN STREET, WHOSE POST
OFFICE ADDRESS IS 1574 CROWN STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Zonina District
Lot 16, Block 17, Third Addition to Highland
Pines Subdivision, according to the plat
thereof, recorded in Plat Book 32, Page 71,
Public Records of Pinellas County, Florida,
together with the abutting right-of-way of
Crown Street
Low Medium Density Residential
(LMDR)
(ANX2006-02004 )
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7637-06.
PASSED ON FIRST READING
Ordinance No. 7639-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7639-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
June 20, 2006
ANX2006-02004
T em Sherman
1574 Crown Street
F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
UPDATE:
This agenda item was before the Community Development Board on May 16, 2006 and was
approved by consent. However, the public notice was flawed, referencing the property being on
the south side of Crown Street instead of the north side of Crown Street. This error has been
corrected and the case re-noticed and re-scheduled for Community Development Board and City
Council review. The content and substance of the application is otherwise unchanged and the
staff report continues to recommend approval.
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.163 acres of property, and 0.10 acres
of the abutting Crown Street right-of-way to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,100 square feet or 0.163acres
(70 feet wide by 102 feet deep, approximately)
PROPERTY USE:
Current Use:
Proposed Use:
Single- family dwelling
Single-family dwelling
PLAN CATEGORY:
Staff Report - Community Development Board - June 20, 2006 - Case ANX2005-12040 Page I
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single- family residential
West: Single-family residential
ANALYSIS
The subject property is located on the north side of Crown Street, approximately 400 feet from
the intersection of Crown Street and Ridge Avenue. The property is located within an enclave
and is contiguous to existing City boundaries; therefore, the proposed annexation is consistent
with Pinellas County requirements with regard to voluntary annexation. It is proposed that the
abutting right-of-way not currently within the City limits, also be annexed. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste service from the
City. The subject site is approximately 0.163 acres in area and is occupied by a single family
detached dwelling. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. An existing sanitary sewer
service account exists. The closest sanitary sewer line is located in a utility easement at the rear
(north) property line.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District III and service will be administered through the
district station located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers
and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the proposed annexation will not adversely
affect police service and response time.
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02004
Page 2
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station # 51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). "It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas." Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave within the City's urban
service area and will be located in the RL category. The proposed annexation is consistent the
City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02004
Page 3
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District and is occupied by a detached
dwelling in Pinellas County. The applicant proposes to rezone the property to the Low Medium
Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a
minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The
subject site is 70 feet wide and approximately 7,100 square feet in lot area. The existing
residential structure meets the minimum setback requirements for minimum standard
development within the Low Medium Density Residential District.
Recommended Conclusions of Law
The subject property will be occupied by a single-family detached dwelling and exceeds the
City's minimum LMDR lot size, width, and setback requirements. It is therefore consistent with
the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the proposed use and density of the property is consistent with the current
designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property
that is located within and reduces an enclave on the effective date of the ordinance. The subject
site is located within an enclave, is contiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02004
Page 4
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The proposed annexation is consistent with both the City's Comprehensive Plan
and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.163 acres and the abutting Crown
Street right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Michael H. Reynolds, AICP, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 2006IANX2006-02004 1574 Crown Street - ShermanlANX2006-
02004 Updated StalL Report. doc
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02004
Page 5
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
APPROVE the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low
(RL) and Preservation (P) Category to the City Residential Low (RL) and Preservation (P) Category and
Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) and Preservation (P) Districts for 1614 Stevensons Drive (Lot 14, Block A,
Stevenson's Heights Subdivision in Section 10, Township 29 South and Range 15 East); and PASS
Ordinance #7643-06, #7644-06 & #7645-06 on first reading.
SUMMARY:
This annexation involves a 0.20-acre property consisting of one parcel, located on the west side of Stevensons
Drive, approximately 250 feet west of Stockton Drive. The property is contiguous with the existing City
boundaries to the north; therefore, the proposed annexation is consistent with Florida Statutes with regard to
voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid
waste service from the City. It is proposed that the property be assigned Future Land Use Plan designations of
Residential Low (RL) and Preservation (P) and zoning categories of Low Medium Density Residential
(LMDR) and Preservation (P). The Planning Department determined that the proposed annexation is
consistent with the following standards specified in the Community Development Code: . The proposed
annexation will not have an adverse impact on public facilities and their level of service. . The proposed
annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community
Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a
logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by
the Pine lIas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County
Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report
(ANX2006-02006) for the complete staff analysis. The Community Development Board reviewed this
proposed annexation at its regularly scheduled meeting on June 20,2006 and unanimously recommended
approval.
Review
Approval:
1) Office of Management and Budget 2) Planning 3) Legal 4) Clerk 5) City Manager 6) Clerk 7) City
Manager 8) Clerk
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
June 20, 2006
ANX2006-02006
Betty Vinson
1614 Stevenson's Drive
F2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.20-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) and Preservation (P) Category (County) to
Residential Low (RL) and Preservation (P) Category
(City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
and Preservation (P) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
9,100 square feet or 0.20 acres
(70 feet wide by 130 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) and Preservation (P) (County)
Residential Low (RL) and Preservation (P) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) & Preservation
(P) (City)
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02006 Page 1
SURROUNDING USES:
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Preservation
ANALYSIS
This annexation involves a 0.20-acre property consisting of one parcel, located on the west side
of Stevenson's Drive, approximately 250 feet north of Stockton Drive. The property is
contiguous with the existing City boundaries to the north; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting
this annexation in order to receive sanitary sewer and solid waste service from the City. It is
proposed that the property be assigned Future Land Use Plan designations of Residential Low
(RL) and Preservation (P) and zoning categories of Low Medium Density Residential (LMDR)
and Preservation (P).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. Sanitary sewer service will be
provided by the City of Clearwater and the City has adequate capacity to serve this property. The
closest sanitary sewer line is located in the Stevenson's Drive right of way. The applicant has not
paid the City's sewer impact and assessment fees and is aware of the additional costs to extend
City sewer service to this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook A venue. The Fire Department will be able to serve this property. The proposed
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02006
Page 2
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse effect on public facilities
and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL) and Preservation (P). It is the purpose of the RL
category to depict those areas of the County that are now developed, or appropriate to be
developed, in a low density residential manner; and to recognize such areas as primarily well-
suited for residential uses that are consistent with the low density, non-intensive qualities and
natural resource characteristics of such areas. Residential is the primary use in this plan category
up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential
Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-
Residential and Recreation/Open Space. It is the purpose of the Preservation (P) category to
depict those areas of the County that are now characterized, or appropriate to be characterized, as
a natural resource feature worthy of preservation; and to recognize the significance of preserving
such major environmental features and their ecological functions. Preservation is the primary use
in this plan category.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and within the
City's urban service area and will be located in the RL and P categories. The proposed
annexation is consistent the City's Comprehensive Plan.
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02006
Page 3
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 70 feet wide and
9,100 square feet in lot area.
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designations for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre
and Preservation (P).
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designations.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the north and represents a logical and appropriate extension of the
existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02006
Page 4
Recommended Conclusions of Law
The property proposed for annexation is contiguous to the City boundaries and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.20-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) and Preservation (P) Future Land
Use Plan classifications; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) and
Preservation (P) zoning classifications pursuant to the City's Community Development
Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-02006 1614 Stevensonl' Drive - Vinson\ANX2005-01002 StafLReportdoc
Staff Report - Community Development Board - June 20, 2006 - Case ANX2006-02006
Page 5
2 X 2 Map
Owner Betty Vinson Case: ANX2006-02006
Site: 1 614 Stevenson IS / Stevensons Drive Property .20
Size (Acres):
Land Use Zoning
PIN: 1 0-29 - 15-85446-00 1 -0 1 40
From: RL (County) P (County) R-3 (County)
To: RL (City) P (City) LMDR & P (City) Atlas Page: 269B
Aerial Photograph
Owner Betty Vinson
Case:
ANX2006-02006
Site: 1614 Stevenson I s Drive
Property
Size (Acres):
.20
Land Use
Zoning
PIN: 10-29-15-85446-001-0140
From:
RL (County) P (County)
R-3 (County)
To:
RL (City)
P (City)
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Owner Betty Vinson
Case:
ANX2006-02006
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Zoning
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ANX2006-02006
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PIN: 10-29-15-85446-001-0140
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1. 1614 Stevensons Drive
3. facing north from 1614 Stevensons Drive
5. facing south from 1614 Stevensons Drive
2. 1614 Stevensons Drive
4. facing east from 1614 Stevensons Drive
6. 1614 Stevensons Drive
ANX2006-02006
1614 Stevensons Drive
Betty Vinson
ORDINANCE NO. 7643-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED 138 FEET SOUTH OF CLAIRE DRIVE AND 265
FEET NORTH OF STOCKTON DRIVE CONSISTING OF
LOT 14, BLOCK A, STEVENSON'S HEIGHTS
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1614
STEVENSONS/STEVENSON'S DRIVE INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171 .044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 14, Block A, Stevenson's Heights Subdivision according to the map or
plat thereof recorded in Plat Book 34, Page 13, Public Records of Pinellas
County, Florida (ANX2006-02006)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Ordinance No. 7643-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7643-06
ORDINANCE NO. 7644-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED 138 FEET SOUTH OF
CLAIRE DRIVE AND 265 FEET NORTH OF STOCKTON
DRIVE CONSISTING OF LOT 14, BLOCK A,
STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1614
STEVENSONS/STEVENSON'S DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW AND PRESERVATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Lot 14, Block A, Stevenson's Heights Subdivision
according to the map or plat thereof recorded in
Plat Book 34, Page 13, Public Records of Pinellas
County, Florida (ANX2006-02006)
Land Use Cateqory
Residential Low and
Preservation
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7643-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7644-06
ORDINANCE NO. 7645-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED 138
FEET SOUTH OF CLAIRE DRIVE AND 265 FEET NORTH
OF STOCKTON DRIVE CONSISTING OF LOT 14, BLOCK
A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1614
STEVENSONS/STEVENSON'S DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND
PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 14, Block A, Stevenson's Heights
Subdivision according to the map or plat
thereof recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2006-02006)
Zonina District
Low Medium Density Residential
(LMDR) and Preservation (P)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7643-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7645-06
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Site: 1 614 Stevenson I s Drive
Land Use Zoning
From: RL (County) R-3 (County)
To: RL (City) LMDR (City)
Case:
ANX2006-02006
0.10
0.10
Property Size
(Acres):
Preservation Size
Acres:
PIN:
10-29-15-85446-001-0140
Atlas Page:
269B
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
APPROVE Amendments to the Community Development Code imposing a moratorium upon certain
development approvals for the Marina Residnetial District Subarea of the Beach by Design Special Area Plan
concerning Clearwater Beach and PASS Ordinance No. 7660-06
SUMMARY:
Since the passage of Beach by Design in 2001, a significant number of redevelopment projects have been
approved and property values have experienced unprecedented growth rates on Clearwater Beach. During this
time, however, redevelopment activities have been minimal in the Marina Residential District. The provisions
of Beach by Design provide height bonuses for projects that consolidate significant amounts of property. The
use of these incentives requires the private sector to provide a major public benefit in the way of an easement
for a "Bayside Boardwalk" along the Intracoastal Waterway. No consolidated development has occurred
since the adoption of Beach by Design and there is great concern about the lost potential for redevelopment
that incorporates major public amenities. A six-month moratorium is to be considered for the Marina
Residential District so that amendments to Beach by Design can be prepared and adopted that will better
balance development incentives at lower thresholds with provisions for public benefits and amenities.
Attached please find the staff report for further analysis and Ordinance No. 7660-06. The Community
Development Board (CDB) will review the proposed amendment to the Community Development Code at its
regularly scheduled meeting on July 18,2006. The Planning Department will report the recommendations of
the CDB at the regularly scheduled City Council meeting on July 20, 2006.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk
CDB Meeting Date:
Case Number:
Ord. No.:
Agenda Item:
July 19,2006
T A2006-06004
7660-06
F-4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
MARINA RESIDENTIAL DISTRICT MORATORIUM
BACKGROUND:
In 2001 the City adopted Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines. This special area plan sets forth a series of strategies for the
revitalization of Clearwater Beach and establishes eight distinct character districts that
regulate allowable land uses, locations of uses and generally the scale of development.
The Marina Residential District established in Beach by Design is bounded by Clearwater
Harbor on the east, Poinsettia A venue on the west, Pier 60 Drive on the south and the
northern property line of the Belle Harbor development on the north (see Marina
Residential District Boundaries Map). It is comprised of approximately 14 acres of land
and described in Beach by Design as primarily residential in nature with a few motel and
restaurant uses. Due to the shallow nature of many of the parcels in this district, the
Marina Residential District provisions focus on achieving the consolidation of property
through several redevelopment scenarios. The most desired scenario envisions the entire
district to be consolidated under single ownership and includes the development of a
marina-based hotel with the assistance of the resort density pool. In the event this
consolidation did not occur, the District provides for development scenarios of five acres
or two and one-half acres that include significant height allowances. Any development
scenario utilizing the consolidation incentives would be required to dedicate an easement
for a public "Bayside Boardwalk." In the event these consolidations do not occur, Beach
by Design provides for single lot development but imposes significant height restrictions
on that development.
ANALYSIS:
Since the passage of Beach by Design, beach properties have experienced unprecedented
increases in value. Also during this time, significant redevelopment activities have
occurred on Clearwater Beach. Approximately 70 site plan applications for new
constrnction on Clearwater Beach have been submitted to the Planning Department for
processing since Beach by Design was adopted in 2001. Of that total, only two have been
approved in the Marina Residential District.
Staff Report - Community Development Board - July 18, 2006 - Case T A2006-06004 1
One of the approved projects was the Belle Harbor Condominiums located at the northern
boundary of the Marina Residential District. This project has rendered the single
property consolidation scenario impossible. The escalating cost of land on Clearwater
Beach has made the remaining consolidation scenarios very difficult to achieve. Given
current market conditions, the preferred development options of significant lot
consolidation appear difficult to achieve and the resulting public benefits of access to the
waterfront will not be attained. To assist in the redevelopment of the Marina Residential
District in a manner that promotes the public interest, it is necessary to better balance
development incentives with provisions of public benefits and amenities. To that end a
six-month moratorium is to be considered for the Marina Residential District (between
August 3, 2006 - January 30, 2007). The proposed moratorium will preclude the
processing of comprehensive plan amendments, rezonings, development approvals,
development orders, building permits and other related permits in the Marina Residential
District except for those relating to a parcel exceeding 2.5 acres in area.
During the moratorium the Planning Department will prepare and process revisions to the
Marina Residential District that will refine the vision for the district by creating a
development framework that balances development incentives at lower thresholds with
the provision of public benefits and amenities. Goals of the revisions will be to:
. Develop greater flexibility with regard to the location of uses within the district;
. Permit overnight accommodations throughout the district;
. Ensure public access to and the preservation of the waterfront; and
. Provide incentives and opportunities for redevelopment that is more closely
aligned with public expectations.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of policies from the Clearwater Comprehensive Plan that
are furthered by the proposed amendment to the Community Development Code.
2.1.2 Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the
establishment of a limited density pool of additional hotel rooms to be
used in specified geographic area of Clearwater Beach, enhancement of
public rights-of-way, the vacation of public rights-of-way when
appropriate, transportation improvements, inter-beach and intra-beach
Staff Report - Community Development Board - July 18, 2006 - Case T A2006-06004 2
transit, transfer of development rights and the use of design guidelines
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines.
2.1.3 The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the
Countywide Future Land use map as a Community Redevelopment
District. This area is bounded on the north by the line dividing the block
between Acacia Street and Somerset Street, the Gulf of Mexico on the
west, Clearwater Harbor on the east and the Sand Key Bridge on the
south, excluding Devon A venue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal
Waterway with a Future Land Use designation of Recreation/Open Space
shall be excluded from the community Redevelopment District.
The above policies indicate the City's commitment to beach renewal in compliance with
the provisions of Beach by Design, the special area plan for Clearwater Beach. The
policies support the establishment of districts within the Plan area and indicate that the
Plan area is designated as a Community Redevelopment District. The proposed
moratorium will provide an opportunity for the provisions of Beach by Design to be
amended to provide a more attainable development framework for the Marina Resdiential
District.
5.1.3 The City shall recognize the overriding Constitutional principle that
private property shall not be taken without due process of law and the
payment of just compensation, which principle is restates in Section
163,3194( 4)( a), Florida Statutes.
The proposed moratorium is for a specific timeframe of six months and does not
permanently take away property rights. During the moratorium, development of a parcel
that exceeds 2.5 acres in area can be processed.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendment is consistent with the following purposes of the Code.
. Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city;
to establish rnles of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city.
Staff Report - Community Development Board - July 18, 2006 - Case T A2006-06004 3
The imposition of a moratorium for six months provides the necessary time to develop
revisions for the Marina Residential District that will provide a more realistic framework for
redevelopment. The goals of the revisions are to enhance the character of this area and
improve the quality of life for all residents and property of owners by ensuring quality design
of the built environment and public access to the waterfront
. Section 1-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development of land within the city.
The proposed moratorium will enable the City to develop more specific provisions to
govern land use and the scale and intensity of development within the Marina Residential
District. The clarification of these provisions will assist in the orderly and beneficial
development of land within this area. Adequately balancing incentives and opportunities
for redevelopment with the provision of public benefits and amenities will lead to
economic stability within the area.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with the
Comprehensive Plan and the purposes of the Community Development Code for the
reasons cited above.
The Planning Department Staff recommends APPROVAL of Ordinance No. 7660-06
that imposes a moratorium for a period of six months.
Prepared by Planning Department Staff:
Gina L. Clayton, Assistant Planning Director
Attachments:
Marina Residential District Boundaries Map
Ordinance No. 7660-06
Staff Report - Community Development Board - July 18, 2006 - Case T A2006-06004 4
ORDINANCE NO. 7660-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A
MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN
DEVELOPMENT APPROVALS, ORDERS, AND PERMITS,
INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL
DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL
AREA PLAN CONCERNING CLEARWATER BEACH;
PROVIDING FOR COVERAGE AND DURATION OF THE
MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS
EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SUPERSESSION OF
INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater has the authority pursuant to Florida
Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend
land development regulations; and
WHEREAS, the Beach by Design Special Area Plan ("Beach by Design") was
adopted by Ordinance No. 6689-01 as a Special Area Plan pursuant to the provisions
of the City's Comprehensive Plan, Florida Statutes Chapters 163 and 166, and Pinellas
County Countywide Rules, and subsequently amended; and
WHEREAS, the current provisions of Beach by Design regarding the Marina
Residential District were based upon conditions prevalent in 2001, and thus Beach by
Design does not adequately balance development incentives with the provision of
public benefits and amenities; and
WHEREAS, the provision of public access and the preservation of Florida
working waterfronts pursuant to Florida Statutes Section 197.303, et seq., are important
goals, and Ordinance No. 7633-06, encouraging working waterfronts, has been
adopted by the City of Clearwater effective June 15, 2006; and
WHEREAS, it is desirable to enhance development options and to provide
greater development flexibility at lower thresholds than are currently set forth in Beach
by Design, and to provide incentives and opportunities for redevelopment leading to
more close alignment with public expectations; and
WHEREAS, Beach by Design currently allows mixed-use development only on
the northern and southern blocks of the Marina Residential District Subarea and not
within the middle blocks thereof, which may be overly restrictive given current market
conditions and Land Development Code provisions; and
Ordinance No. 7660-06
WHEREAS, it is necessary to conduct further study in order to develop
appropriate standards for the Subarea, such as setback requirements and design
standards; and
WHEREAS, it is therefore necessary to curtail certain uses during the time
period required for study of the above matters and for implementation of study results
by means of appropriate amendments to Beach by Design and the Land Development
Code; and
WHEREAS, such study and result implementation are expected to take up to
and including January 30, 2007 to process; and
WHEREAS, it is necessary to impose a development moratorium, with certain
exemptions, upon development occurring within the Marina Residential District Subarea
of the Beach by Design Special Area Plan in order that such study and result
implementation may occur;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater, Florida hereby finds that a
moratorium on certain development, including processing and issuance of certain
approvals and permits, is necessary in order to protect the public health, safety, and
welfare for a period during the pendency of the City's planning study process and the
adoption of appropriate amendments to Beach by Design and the Land Development
Code.
Section 2. A moratorium is hereby imposed upon the following:
Within the Marina Residential District Subarea of the Beach by Design
Special Area Plan concerning Clearwater Beach, all comprehensive plan
amendments, rezonings, development approvals, development orders,
building permits, or other related permits, other than those relating to
development of a parcel exceeding 2.5 acres in area.
Section 3. During the period of this moratorium the City shall not process or
issue any comprehensive plan amendments, rezonings, development approvals,
development orders, building permits, or other related permits, nor shall it process
applications, concerning such matters.
Section 4. The moratorium established by this Ordinance shall commence on
the effective date of this Ordinance and shall remain in effect through and including
January 30, 2007.
2
Ordinance No. 7660-06
Section 5. If any section, provIsion, clause, phrase, or application of this
Ordinance shall be declared unconstitutional or invalid for any reason by a court of
competent jurisdiction, the remaining provisions shall be deemed severable therefrom
and shall remain in full force and effect.
Section 6. All Ordinances or parts of Ordinances of said City in conflict with the
provisions of this Ordinance are hereby superseded to the extent of such conflict.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7660-06
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Marina District
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7640-06 on second reading, annexing certain real property whose post office address is
1424 Regal Road, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7640-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED 480 FEET WEST OF BRAUND STREET AND
450 FEET EAST OF SUNNY PARK ROAD CONSISTING OF
LOT 6, SOLAR CREST, WHOSE POST OFFICE ADDRESS
IS 1424 REGAL ROAD, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171 .044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 6, Solar Crest, according to plat thereof recorded in Plat Book 36, Page
72, Public Records of Pinellas County, Florida
(ANX2006-02005)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Ordinance No. 7640-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7640-06
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Proposed Annexation Map
Owner Joseph & Wynette Schramm Case: ANX2006-02005
Site: 1424 Regal Road 0.176
Land Use Zoning
PIN: 23-29-15-83880-000-0060
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 315A
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7641-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office address is
1424 Regal Road, upon annexation into the City of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7641-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED 480 FEET WEST OF
BRAUND STREET AND 450 FEET EAST OF SUNNY
PARK ROAD CONSISTING OF LOT 6, SOLAR CREST,
WHOSE POST OFFICE ADDRESS IS 1424 REGAL ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
Lot 6, Solar Crest, according to plat thereof recorded Residential Low
in Plat Book 36, Page 72, Public Records of Pinellas
County, Florida (ANX2006-02005)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7640-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7641-06
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Future Land Use Map
Joseph & Wynette Schramm
Case
ANX2006-02005
1424 Regal Road
Property
Size (Acres)
0176
Land Use
Zoning
PIN 23-29-15-83880-000-0060
RL (County)
R-3 (County)
RL (City)
LMDR (City)
Atlas Page
315A
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7642-06 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1424 Regal Road, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7642-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED 480
FEET WEST OF BRAUND STREET AND 450 FEET EAST
OF SUNNY PARK ROAD CONSISTING OF LOT 6, SOLAR
CREST, WHOSE POST OFFICE ADDRESS IS 1424
REGAL ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 6, Solar Crest,according to plat thereof
recorded in Plat Book 36, Page 72, Public
Records of Pinellas County, Florida
(ANX2006-02005)
Zonina District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7640-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7642-06
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Owner Joseph & Wynette Schramm Case ANX2006-02005
Site 1424 Regal Road Property 0176
Size (Acres)
Land Use Zoning
PIN 23-29-15-83880-000-0060
From RL (County) R-3 (County)
To RL (City) LMDR (City) Atlas Page 315A
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7649-06 on second reading amending Appendix A, Article XXV, Public Works - Fees,
Rates and Charges, Section (3)(e) Stormwater Management Utility Rates.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7649-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE SCHEDULE FOR
STORMWATER UTILITY RATES; AMENDING APPENDIX
A, ARTICLE XXV PUBLIC WORKS--FEES, RATES AND
CHARGES; SECTION (3)(e) STORMWATER
MANAGEMENT UTILITY RATES, CLEARWATER CODE
OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND
CHARGES, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of
Ordinances, is amended as follows:
(3) Rates:
(e) Stormwater management utility rates. The stormwater management utility rates
shall be based upon the revenue requirements for the construction,
administration, management, engineering, operation and maintenance of the
stormwater management system, and the adopted capital improvement program
funding needs of the system. For the purposes of these rates, the terms shall
have the meanings set forth in section 32.242 or, if not defined in section 32.242,
in sections 32.002 or 1.02.
1. Basic rate. The rate per month for one equivalent residential unit or ERU
shall be established as specified below:
Effective 1/1/04 10/01/06 10/1 /Ge 07 10/1/00 08 10/1 /Q.709 10/1/00 1.Q
Per ERU $~ 9.91
$9~10.50 $~11.13 $9-:9211.80 $~12.51
2. Residential property fees. The monthly fee for each residential property
shall be:
Single-family................ 1 ERU/dwelling unit
Duplex units ................ 1 ERU/dwelling unit
Condominium units ....... 1 ERU/dwelling unit
Apartments.................. 1 ERU/dwelling unit
Mobile homes .............. 1 ERU/dwelling unit
3. Nonresidential property fees. Nonresidential property shall be charged on
the basis of the impervious area of the property in accordance with the
following formula:
Ordinance No. 7649-06
Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A
minimum value of 1.0 ERU shall be assigned to each nonresidential
property. The impervious area of each nonresidential property shall be as
determined by the city engineer. ERU's shall be rounded to the nearest
one-tenth of a unit.
4. Undeveloped property. Stormwater management utility fees shall not be
levied against undeveloped property pursuant to this article.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7649-06
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7650-06 on second reading, vacating the five-foot utility easement lying along the south
property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision and vacate the lO-foot
peoperty lines of Lots 2, 6, & 7 and the west 15 feet of Lot 8 Sunset Point Replat.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7650-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIVE-FOOT UTILITY
EASEMENT LYING ALONG THE SOUTH PROPERTY LINE
OF LOT 1 AND THE WEST 22.71 FEET OF LOT 2,
SUNNYDALE SUBDIVISION AND VACATE THE 10-FOOT
ALLEY LYING ADJACENT TO THE NORTH PROPERTY
LINES OF LOTS 2, 6, 7 AND THE WEST 15 FEET OF LOT
8, SUNSET POINT REPLAT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robel Bayview, LLC., owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Vacate the 5-foot utility easement lying along the south property line of Lot 1 and
the west 22.71 feet of Lot 2, Sunnydale Subdivision as recorded in Plat Book 31,
page 12 of the Official Records of Pinellas County, Florida and vacate the 10-foot
alley lying adjacent to the north property lines of Lots 2,6,7 and the west 15 feet of
Lot 8, Sunset Point Replat as recorded in Plat Book 4, Page 56, Official Records of
Pinellas County, Florida,
is hereby vacated, subject to the following conditions:
Deeding to the City of Clearwater a new 15-foot utility easement over the west 15
feet of Lot 8 of said Sunset Point Replat, relocate at the applicant's sole cost the
existing sanitary sewer line within six (6) months of the date of adoption of the
vacation and submit to the City Engineer proof that all other existing utilities lying
within the easement and alley portions to be vacated have been relocated to the
satisfaction of the owners of said utilities and at the sole expense of said applicant.
If this condition has not been met within one (1) year of the date of approval of this
ordinance, this ordinance will thereafter be null and void in all respects as though
never adopted.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Ordinance No. 7650-06
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7650-06
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7652-06 on second reading, amending the operating budget for the Fiscal Year ending
September 30, 2006 to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Stormwater Fund, Solid Waste Fund, Gas Fund,
Recycling Fund, General Services Fund, Garage Fund and Central Insurance Fund.
SUMMARY:
Review Approval: 1) Clerk
ORDINANCE NO. 7652-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2006 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORM
WATER FUND, SOLID WASTE FUND, GAS FUND,
RECYCLING FUND, GENERAL SERVICES FUND, GARAGE
FUND AND CENTRAL INSURANCE FUND, AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2006, for operating
purposes, including debt service, was adopted by Ordinance No. 7497-05; and
WHEREAS, at the Mid Year Review it was found that increases and decreases are
necessary in the total amount of $3,678,801 for revenues and $3,825,722 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SAction 1. Section 1 of Ordinance No. 7497-05 is amended to read:
Pursuant to the AmAnnAn City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2005 and ending September 30, 2006 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
rlmAnnAn budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
SAction 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard, Mayor
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
44
Ordinance No. 7652-06
EXHIBIT A
2005-06 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
General Fund:
Property Taxes 44,878,180 44,878,180 44,878,180
Franchise Fees 7,792,130 7,902,130 7,902,130
Utility Taxes 10,810,200 10,810,200 10,810,200
Licenses, Permits & Fees 4,015,000 4,015,000 4,015,000
Sales Tax 6,325,000 6,325,000 6,325,000
Communications Services Tax 6,547,070 6,547,070 6,547,070
Intergovernmental Revenues 10,010,270 10,010,270 10,010,270
Charges for Current Services 3,674,870 3,772,570 3,762,200 -10,370
Fines & Forfeitures 828,000 828,000 842,000 14,000
Interest Income 529,000 529,000 529,000
Miscellaneous Revenues 1 ,146,540 1,041,540 1,041,540
Interfund Charges/Transfers In 14,843,650 14,850,412 14,887,912 37,500
Transfer from Surplus 0 102,526 160,026 57,500
Total, General Fund 111,399,910 111,611,899 111,710,529 98,630
Special Revenue Funds:
Special Development 20,494,410 23,402,174 24,751,177 1,349,003
Special Program Fund 2,111,600 4,536,178 5,727,966 1,191,788
Local Housing Asst Trust Fund 820,100 820,100 820,100
Utility & Other Enterprise Funds:
Water & Sewer Fund 51,781,310 51,781,310 51,781,310
Stormwater Utility Fund 11,531,030 11,531,030 11,531,030
Solid Waste Fund 17,298,140 18,317,157 18,365,957 48,800
Gas Fund 42,062,990 48,337,940 48,337,940
Recycling Fund 2,557,900 2,657,956 2,708,956 51,000
Marine and Aviation Fund 3,850,400 3,850,400 3,850,400
Parking Fund 4,782,260 4,723,084 4,723,084
Harborview Center Fund 2,211,770 692,150 692,150
Internal Service Funds:
Administrative Services Fund 9,106,290 9,106,290 9,106,290
General Services Fund 4,117,710 4,117,710 4,124,710 7,000
Garage Fund 11,330,890 11,803,148 11,901,538 98,390
Central Insurance Fund 19,759,210 20,150,693 20,984,883 834,190
Total, All Funds 315,215,920 327,439,219 331,118,020 3,678,801
Ordinance #7652-06
45
EXHIBIT A (Continued)
2005-06 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
General Fund:
City Council 297,300 299,540 299,540
City Manager's Office 1,125,050 1,075,050 1,075,050
City Attorney's Office 1,505,800 1,505,800 1,580,800 75,000
City Audit 145,960 145,960 145,960
Development & Neighborhood Svcs 3,837,330 3,912,330 3,912,330
Economic Development & Housing SV( 1,397,330 1,397,330 1,417,330 20,000
Equity Services 348,330 348,330 348,330
Finance 2,157,900 2,157,900 2,157,900
Fire 20,658,540 20,658,540 20,658,540
Human Resources 1,207,690 1,207,690 1,207,690
Library 6,081,950 6,069,158 6,083,158 14,000
Marine & Aviation 502,830 502,830 482,830 -20,000
Non-Departmental 4,671,660 4,703,759 4,703,759
Office of Management & Budget 315,680 315,680 315,680
Official Records & Legislative Svcs 1,250,160 1,250,160 1,250,160
Parks & Recreation 20,088,080 20,240,730 20,250,360 9,630
Planning 1 ,484,330 1,484,330 1,484,330
Police 33,243,510 33,243,510 33,243,510
Public Communications 976,400 989,192 989,192
Public Works Administration 10,104,080 10,104,080 10,104,080
Total, General Fund 111,399,910 111,611,899 111,710,529 98,630
Special Revenue Funds:
Special Development Fund 19,797,220 20,098,682 21,299,266 1,200,584
Special Program Fund 2,011,600 4,436,178 5,627,966 1,191,788
Local Housing Asst Trust Fund 820,100 820,100 820,100
Utility & Other Enterprise Funds:
Water & Sewer Fund 49,847,580 49,847,580 49,847,580
Stormwater Utility Fund 11,398,620 11,398,620 11,323,620 -75,000
Solid Waste Fund 17,298,140 17,298,140 17,346,940 48,800
Gas Fund 40,533,050 46,615,660 47,012,970 397,310
Recycling Fund 2,557,020 2,647,076 2,672,236 25,160
Marine and Aviation Fund 3,601,820 3,601,820 3,601,820
Parking Fund 4,609,970 4,513,470 4,513,470
Harborview Center Fund 2,211,770 692,150 692,150
Internal Service Funds:
Administrative Services Fund 9,053,370 9,053,370 9,053,370
General Services Fund 4,1 04,120 4,1 04,120 4,111 ,120 7,000
Garage Fund 11,330,890 11,793,148 11,890,408 97,260
Central Insurance Fund 18,737,140 19,128,623 19,962,813 834,190
Total, All Funds 309,312,320 317,660,636 321,486,358 3,825,722
Ordinance #7652-06
46
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7653-06 on second reading, amending the Capital Improvement Budget for the Fiscal Year
ending September 30, 2006 to reflect a net increase of $2,246,125.
SUMMARY:
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk
ORDINANCE NO. 7653-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2006, TO REFLECT A NET INCREASE OF $2,246,125
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2006 was adopted by Ordinance No.7 498-05; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7498-05 is amended to read:
Pursuant to the Mid Ye;:u Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2005 and ending September 30, 2006, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Ye;:u Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance #7653-06
47
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
Fire Protection 6,409,610 6,398,214 6,398,214
New Street Construction 500,000 500,000
Major Street Maintenance 4,543,740 19,947,308 24,349,397 4,402,089
Sidewalks and Bike Trails 16,620 16,620
Intersections 485,000 514,000 (446,433) (960,433)
Parki ng 300,000 262,676 262,676
Miscellaneous Engineering 43,535 43,535
Leisure/Land Acquisition 383,500 383,500
Park Development 3,101,000 (3,105,038) (2,695,038) 410,000
Marine Facilities 1,220,000 1,263,492 1,491,249 227,757
Airpark Facilities 10,000 (436) 13,910 14,346
Libraries 571,490 570,633 608,133 37,500
Garage 4,424,100 4,886,358 4,978,793 92,435
Maintenance of Buildings 1,001,000 1,001,000 816,000 (185,000)
General Public Buildings & Equipment 135,000
Miscellaneous 1,117,500 1,100,964 1,105,278 4,314
Stormwater Utility 8,554,580 7,931,697 6,698,213 (1,233,484)
Gas System 5,110,000 5,145,745 5,145,745
Solid Waste 548,500 548,500 548,500
Utilities Miscellaneous 269,000 267,935 42,935 (225,000)
Sewer System 8,706,100 8,215,700 8,351,021 135,321
Water System 7,945,340 7,365,415 6,875,076 (490,340)
Recycling 150,000 150,000 150,000
TOTAL 54,601,960 63,391,199 65,637,324 2,246,125
48
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
GENERAL SOURCES:
General Operating Revenue 2,297,610 2,360,228 2,322,728 (37,500)
General Revenue/County Co-op 571,490 571,490 571,490
Special Development Fund (2,500,000) (2,154,574) 345,426
Community Redevelopment Agency 784,450 784,450
Road Mileage 2,864,740 2,864,740 2,864,740
Recreation Facility Impact Fee 88,962 88,962
Recreation Land Impact Fee 63,500 63,500
Open Space Impact Fee 120,000 120,000
Penny for Pinellas 8,960,000 8,920,206 9,626,945 706,739
Transportation Impact Fees 290,000 223,492 223,492
Local Option Gas Tax 1,019,000 1,048,000 1,048,000
Special Program Fund 150,000 150,000 150,000
Grants - Other Agencies 604,500 (5,170,936) (5,100,031 ) 70,905
Contri butions 500,000 500,000 500,000
Donations (15,000) (15,000)
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 235,000 235,000 235,000
Parking Revenue 310,000 272,676 272,676
Harbor view Revenue 100,000 100,000 100,000
Utility System:
Water Revenue 373,390 373,390 373,390
Sewer Revenue 940,200 940,200 940,200
Water Impact Fees 250,000 250,000 250,000
Water R & R 1,126,740 1,126,740 1,126,740
Sewer Impact Fees 280,000 280,000 280,000
Sewer R&R 1,190,700 1,190,700 1,190,700
Stormwater Utility 1,698,870 1,698,870 1,623,870 (75,000)
Gas Revenue 5,120,000 5,120,000 5,120,000
Solid Waste Revenue 60,000 (959,017) (959,017)
Recycling Revenue 30,000 30,000 30,000
Grants 1,612,000 1,952,426 1,966,772 14,347
Property Owner's Share 35,745 35,745
Other Governmental 119,941 119,941
INTERNAL SERVICE FUNDS:
Garage Fund 177,100 629,358 628,228 (1,130)
Administrative Services Fund 350,000 350,000 385,500 35,500
General Services Fund 20,000 20,000 20,000
Central Insurance Fund 849,184 849,184
49
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2005/06 2005/06 2005/06 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 286,000 258,571 258,571
Improvement Revenue Bond 14,000,000 14,000,000
Penny for Pinellas Bond
SELF-SUPPORTING FUNDS:
Lease Purchase - Parking
Lease Purchase - Water 278,000 278,000 278,000
Lease Purchase - Solid Waste 488,500 488,500 488,500
Lease Purchase - Recycling 120,000 120,000 120,000
Bond Issue - Water & Sewer 12,400,410 13,397,876 13,397,876
Bond Issue - Stormwater 5,324,710 6,608,107 6,778,443 170,336
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 4,302,000 4,302,000 4,395,564 93,564
Lease Purchase - Administrative Sacs 160,000 156,925 125,739 (31,186)
Lease Purchase - General Services 111,000 111,000 111,000
TOTAL ALL FUNDING SOURCES: 54,601,960 63,391,199 65,637,324 2,246,125
50
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 7/18/2006
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provide direction re PPC's request for a Resolution supporting Pine lIas by Design: An Economic
Development and Redevelopment Plan for the Pine lIas Community.
SUMMARY:
The PinelIas Planning Council has requested the Council to adopt a Resolution supporting PinelIas by Design
and provided a draft resolution for that purpose. If the Council directs, the resolution will be prepared for
adoption at Thursday night's meeting
Review Approval: 1) Clerk
JUL.10.2006 10:43AM
PLANNING COU~iCIL
~iO . 587
P.2
COUNCIL MEMBERS
600 Cleveland Stree~ Suite 850 · Clearwater, Florida 33755-4160
Telephone 727,464.8250. Fax 727.464.8212 · www.pinE!lIasplanningcouncil.org
Counc:ilmember Hoyt Hamilton, Chj;j;rman
Mayor Jerry Beverlllnd, Vice-Chairman
Council member Sandra L. Bradbury, Trtj3surer
Commissioner Bob Hilckworth, Secretary
Mayor Beverley Billiris
Councilmember David W. PBill" Foster
Mayor Dick Holml!s
Mayor Robert E. l;]ckson, Ph.D.
V;ce.M<lyor Jerry Knight
School Board Member Linda S. Lerner
vice.Mayor De.borah L Martohue
CommissiOner John Morron!
Commissioner Nadine S. Nickeson
March 2, 2006
D~jd P. Healey, AICP
Executive Director
The Honorable Frank Hibbard
Mayor
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Dear Mayor Hibbard:
RE: Support for Pinellas by Design
After an extended public outreach effort and cooperative work between the Board of
County Commissioners and the Pinellas Planning Council, Pinellas by Design: An
Economic Development and Redevelopment Plan for the Pinellas Community was
completed and approved. This plan addresses a variety of issues and provides strategies
related to the transition Pinellas County is currently experiencing as it moves from a
greenfield to a redevelopment environment
One of those strategies states: "Recognize the need for and importance of the countywide
redevelopment initiative at the local government level." The action needed to implement
the strategy is: "Obtain resolutions in support of the [plan] from each local government."
We strongly believe that countywide support is essential for the eventual success of the
plan. Through this correspondence we are soliciting that support.
Attached is a draft resolution that you may use to express your community's support for
Pinellas by Design. While the resolution may be modified to fit local preferences, it is
important to retain to the greatest extent possible the essential points found in fue draft
resolution.
['LANNING FOR THE PINELLAS COMMUNITY
JUL.10.2006 10:43RM
PLRNNING COUNCIL
NO. 58?
P.3
-1"
~o;..
We encourage you to Gontact County Administrator, Steve Spratt,- or Pinellas Pla.-QIring
Council Executive Director, David Healey, if you have questions or would like additional
wo:r:mation related to the resolution.-
If you would like for staff to address your Commission to discuss tbis request, please let
us know. '
We thank YOl1 in advance for your community's support for Pinellcis by Design.
very truly yours,
t/MiM dL -V- wU-
t~ T. W cl.ch, Chairman
Board of County Commissioners in their
~ as the COUntywide Planning Authority (CPA)
..)/k :
CounciImember Hoyt Hamilton, Cb..airman
Pinellas Planning Council
cc: Pmellas County Commission
Pinellas Plancing Council
~ ,
JUL.10.2006 10:43RM
PLRNNING COU~iCIL
m.S8?
P.4
RESOLUTION NO.
A RESOLUTION OF THE City of Clearwater SUPPORTING IN
CONCEPT THE STRATEGIES CONTAINED IN PINELLAS BY
DESIGN: AN ECONOMIC DEVELOPMENT AND REDEVELOPMENT
PLAN FOR THE PINELLAS COMMUNITY.
WHEREAS, the City of Clearv.rater recognizes that as we approach build-out, few
developments in Pinellas County are being built on historically vacant land and thus, new
approaches are needed to appropriately address the reality of redevelopment; and
WHEREAS~ a planned approach to economic development and redevelopment
will be vital to the future prosperity and quality of life of OUI county and its member local
governments; and
WHEREAS, a plan titled PineZZas by Design: An Economic Development and
Redevelopment Plan for the Pinellas Community has been prepared and approved by the
Pinellas Planning Council and the Board of County Conunissioners in their capacity as
the Countywide Planning Authority; and
WHEREAS, the City of Clearwater wishes to support the concepts and strategies
contained in Pinel/as by Design.
NOW, THEREFORE, BE IT RESOLVED by the City of Clearwater that:
Section 1. The City of Clearwater does support the concepts and strategies
contained in Pinellas by Design.
Section 2. The City of Clearwater recognizes that Pinellas by Design sets forth a
variety of workable approaches to economic development and redevelopment in Pinellas
County that can be implemented in a cooperative and coordinated fashion with the
policies and initiatives of the City of Clearwater.
Section 3. The City of Clearwater does stipulate that while it supports the concepts
and strategies contained in Pinel/as by Design, such support does not require or imply
that said concepts and strategies must be adopted, but rather will be utilized as
determined appropriate and beneficial for the City of Clearwater.
This resolution offered and adopted at the
of Clearwater governing body.
meeting of the City
Approved as to form:
By:
Date Signed:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: 7/18/2006
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
American Society for Public Administration presentation of plaques.
SUMMARY:
Meeting Date: 7/18/2006
Review Approval: 1) Clerk
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Business Beautification Recognition Award.
SUMMARY:
Meeting Date: 7/18/2006
Review Approval: 1) Clerk
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater High School Principal, Nick Grasso.
SUMMARY:
Meeting Date: 7/18/2006
Review Approval: 1) Clerk
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Home and Neighborhood of the Quarter.
SUMMARY:
Meeting Date: 7/18/2006
Review Approval: 1) Clerk