02/16/2006
u
Interoffice Correspondence Sheet
To:
Mayor and Council members
From:
Cyndie Goudeau, City Clerk
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
CC:
Date:
February 16, 2006
Agenda Packet for 02-16-06
RE:
The following changes/additions are provided:
· Revised Meetinq Aqenda for 02-16-06 City Council Meeting. Agenda provided.
· Item 6.1 - Minutes for 02-02-06 Council Meeting. Minutes provided.
· Item 6.2 - Minutes for 10-20-05 Attorney-Client Session. Minutes provided.
· Item 6.3 - Minutes for 11-03-05 Attorney-Client Session. Minutes provided.
· Item 9.2 - Continue to 03-02-06 the Petition for Annexation, Future Land Use Plan
Amendment and Zoning Atlas Amendment for 2066 The Mall. Paperwork
provided.
· Item 14.1 - Opus construction of public way in waterfront park. Color map
provided.
Memo to Council for 02-16-06 CC Mtg - revisions.doc
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City Council Agenda
Date: 02/16/2006 6:00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards
4.1 Service Award
5 Presentations
6 Approval of Minutes
6.1 City Council - February 2, 2006
6.2 Attorney-Client Session - October 20, 2005
6.3 Attorney-Client Session - November 3, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the applicant's request to vacate the 15-foot utility easement located between
the easterly right-of-way line of Belcher Road, (CR. 501), and the north property line of
Lot 95, Village on the Green Patio Homes, (a.k.a. 2506 Countryside Boulevard), as
more particularly described in the ordinance, subject to provision of a new easement
within six (6) months, and pass Ordinance 7583-06 on first reading, (VAC2006-01
Executive Corporation of Clearwater, Inc.).
8.2 Approve the applicant's request to vacate the triangular blanket stormwater easement
lying west of Lot 21, Sue Barco Subdivision, (a.k.a. 900 Osceola Avenue), as more
particularly described in the ordinance, subject to the provision of a new stormwater
easement within six (6) months, and pass Ordinance 7602-06 on first reading,
(VAC2006-03 Clearwater Bay Marina, LLC),
8.3 Approve the applicant's request to vacate a portion of the 5-foot drainage and utility
easement lying along the west property line of Lot 1, Block A, of Bayside Subdivision
Number 5, (a.k.a. 514-530 South Gulfview Boulevard) as more particularly described in
the ordinance and pass Ordinance 7601-06 on first reading, (VAC2006-02 City of
Clearwater-Dalton Clearwater, LLC),
8.4 Declare as surplus for the purpose of offering for sale by Invitation For Bid 12-06
vacant residential lots described as PALM PARK, Block C, Lot 16 (900 La Salle St.) at
minimum bid amount of $40,000, FAIRMONT SUB., Block G, Lot 6 (1406 N. Madison
Avenue) and Lot 7 (1134 Carlton Street) at minimum bid amount of $36,000 each, all
lots to be used for construction of housing affordable for qualified buyers having
household income under 80% of Area Median Income.
8.5 Approve an amended Development Agreement between Executive Corporation of
Clearwater, Inc. (the property owner) and the City of Clearwater (previously approved
DVA2004-00004 by City Council on May 19, 2005)and Adopt Resolution 06-04.
9 Quasi-judicial public hearings
Staff states and summarizes reasonsfor recommendation (2 minutes).
Applicant presents case, including its testimonyand exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. Ma)t>e cross-examined (10 minutes).
Public comment (3 minutes per speakeror 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, andmay question any witness.
Applicant may call witnessesin rebuttal (5 minutes).
Conclusion by applicant(3 minutes).
Decision.
9.1 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 3012 Grand View Avenue (Lot
10, Block G, Kapock Terrace Subdivision in Section 9, Township 29 South and Range
16 East); and Pass Ordinance 7585-06,7586-06 & 7587-06 on first reading.
9.2 Continue to March 2, 2006, the Petition for Annexation, Future Land Use Plan
Amendment from the County Residential Urban (RU) Category to the City Residential
Urban (RU) Category and Zoning Atlas Amendment from the County R-4,
Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 2066 The Mall (Lot 1, Block G, Brooklawn Subdivision in Section 3,
Township 29 South and Range 15 East).
10 Second Readings - public hearing
10.1 Adopt Ordinance 7599-06 on second reading, amending Ordinance 6779-01 as
amended by Ordinance 7350-04, and as amended by Ordinance 7400-05 vacating the
60 foot right-of-way of Third Street (AKA Third Avenue), bounded on the east by the
westerly right-of-way line of Coronado Drive and bounded on the west by the easterly
right-of-way line of South Gulfview Boulevard; subject to special conditions; amending
the special conditions.
10.2 Adopt Ordinance 7600-06 on second reading, amending Ordinance 6780-01 as
amended by Ordinance 7351-04, and as amended by Ordinance 7401-05, which
vacated the east 35 feet of the 70 foot right-of-way of Gulfview Blvd., bounded on the
north by the westerly extension of a line parallel to and 20 feet north of the northerly lot
line of Lots 57 and 104 of L1oyd-White-Skinner subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida, and bounded on the
south by the westerly extension of the south lot line of Lot 59, of said
L1oyd-White-Skinner subdivision, subject to special conditions; amending the special
conditions.
10.3 Adopt Ordinance 7584-06 on second reading, changing the date for the special
election for the Employees Pension Plan to November 7,2006.
City Manager Reports
11 Consent Agenda
11.1 Approve a contract with RBC Dain Rauscher, for City of Clearwater Financial Advisor,
for a period of two (2) years and authorize the appropriate officials to execute same.
(consent)
11.2 Declare five 2005 Harley Davidson Road King Police motorcycles surplus to the needs
of the City and authorize trade-in for the purchase of five 2006 Harley Davidson Road
King Police motorcycles at a cost of $8,250 from Jim's Harley Davidson, St.
Petersburg. (consent)
11.3 Declare two Sky Arm Aerial Trucks surplus to the needs of the City and approve
agreement with Pierce Manufacturing Inc. of Appleton, WI for the even trade of the Sky
Arm Aerial Trucks for two 2006 Pierce 100 foot Aerial Platform Trucks with no
additional amount to be paid by the City of Clearwater and authorize the appropriate
officials to execute same. (consent)
11.4 Approve the Award of Bid 07-06 Gas Material Polyethylene Pipe and Fittings Lines
1-10 and Line 144 and issue a Purchase Order in the amount of $480,000 for the
period March 1, 2006 to February 28, 2007 to Chris Georges Sales Utility Products and
authorize the appropriate officials to execute same. (consent)
11.5 Approve Contract 05101 - Florida Boating Improvement Program (FBIP) Grant
Agreement with the Florida Fish and Wildlife Conservation Commission (FWC)and
authorize the appropriate officials to execute same. (consent)
11.6 Award a contract to Unique Management Services, Inc., Jeffersonville, Indiana, for
recovery of overdue library materials and past due account charges at a cost not to
exceed $14,000 and authorize the appropriate officials to execute same. (consent)
11.7 Approve an Amendment to License Agreement with Progress Energy Florida, Inc. for
use of the northern most section of its right-of-way along Old Coachman Road in front
of the Carpenter Training Complex and authorize the appropriate officials to execute
same. (consent).
11.8 Approve transferring from General Fund retained earnings, the $22,098.81 received
from Clearwater Housing Authority for payment in lieu of taxes (PILOT Funds), to the
Clearwater Homeless Intervention Project, Inc. (CHIP). (consent)
11.9 Award a contract to Air Mechancial for the purchase and installation of two replacement
air conditioning chillers for the Municipal Services Building at a cost of $265,114.68 per
the City of Clearwater Bid #05-06 and authorize the appropriate officials to execute
same. (consent)
11.10 Award a contract to Professional Piping Services, Incorporated in the amount of
$177,704.00, for sanitary sewer force main cleaning at various locations throughout the
City, using the unit prices established in a contract with Pinellas County, Florida, for
Pipe Pigging Services (Contract No. 045-52-B) and that the appropriate officials be
authorized to execute same. (consent)
11.11 Award a contract to M.B.E., Incorporated of Florida, in the amount of $132,000 for
application of corrosion protective coatings at the Marshall Street and East Advanced
Pollution Control Facilities in accordance with the terms and conditions set forth in
Request For Proposals #47-05 dated December 16th, 2005, and that the appropriate
officials be authorized to execute same. (consent)
11.12 Approve an Addendum to the Contract For Sale of Real Property with Bethel Christian
Center, Inc. dated November 22, 2005 regarding Lots 6, 7 and 8, Block "B", FIRST
ADDITION TO NORWOOD, amending paragraph 21 to allow assignment and
authorize appropriate officials to execute same. (Consent)
11.13 Approve the final plat for "KENWOOD TOWNHOMES" located at 111 Kenwood
Avenue, approximately 300 feet south of Drew Street. (consent)
11.14 Approve Change Order #1 to JTV, Incorporated, in the amount of $500,000.00 for
sanitary sewer line cleaning, inspection and rehabilitation at various locations
throughout the City of Clearwater, increasing the contract previously approved August
4, 2005, for a new contract total of $700,000.00, and that the appropriate officials be
authorized to execute same. (consent)
12 Other items on City Manager Reports
12.1 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of
Agreement with the Florida Department of Transportation, District Seven, so that
aesthetic improvements can be made to a portion of SR 60 (Memorial Causeway 770
feet west of the Memorial Causeway Bridge to the Clearwater Harbor Channel) and
Adopt Resolution 06-09 authorizing execution of said Highway Landscape
Maintenance Memorandum of Agreement.
12.2 Approve Change Order #1 to the DrewlUnion Street Reclaimed Water System -
Contract #2 - Booster Pumping Stations (01-0039-UT) to TLC Diversified, Inc. of
Palmetto, Florida increasing the contract amount by $781,890.00 for a new contract
total of $3,371 ,290.00 and approve a time extension of 43 calendars days and the
appropriate officials be authorized to execute same. (consent)
13 City Attorney Reports
13.1 Pass Ordinance 7597-06 on first reading, repealing Chapter 30, Article V. Clearwater
Code of Ordinances, relating to tolls on the Clearwater Pass Bridge.
14 City Manager Verbal Reports
14.1 Opus construction of public way in waterfront park
15 Council Discussion Items
16 Other Council Action
17 Adjourn
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City Council
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B .1
Trackina Number: 1,916
Actual Date: 02/16/2006
Subject / Recommendation:
Approve the applicant's request to vacate the 15-foot utility easement located between the
easterly right-of-way line of Belcher Road, (C.R. 501), and the north property line of Lot 95,
Village on the Green Patio Homes, (a.k.a. 2506 Countryside Boulevard), as more particularly
described in the ordinance, subject to provision of a new easement within six (6) months, and
pass Ordinance 7583-06 on first reading, (VAC2006-01 Executive Corporation of Clearwater,
Inc.).
Summary:
The applicant is seeking vacation of the easement in order to redevelop the Countryside Executive
Golf Course into a 240-unit townhome community.
The subject easement has been utilized for a raw water line connecting an existing City of
Clearwater well not presently in use.
The preliminary plat for the development, Costa Verde of Countryside, will include a dedication for
a new easement to protect the city's need to access and maintain the well.
The subject ordinance requires the applicant to provide to the City of Clearwater a new easement
within six (6) months of the approval of the ordinance or the ordinance will become null and void.
Verizon, Knology, Brighthouse and Progress Energy have no objections to the vacation request.
Public Works Administration has no objection to the vacation request provided that the approved
vacation becomes invalid unless a new easement is dedicated within six (6) months of the date of
approval.
Originatina: Engineering
Section: Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 01/29/2006
02/05/2006
Financial Information:
Review Approval
Glen Bahnick
02-03-2006
15:03:27
Cvndie Goudeau
02-06-2006
11:52:28
Michael Ouillen
02-03-2006
16:01 :23
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Garrv Brumback
Bryan Ruff
Bill Horne
City Council
~genda Cover Memorandum
02-06-2006 10:57:47
02-03-2006 16:43:39
02-06-2006 11:46:30
__'tI<!iIIIll_~.!;l!i__
ORDINANCE NO. 7583-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 15-FOOT UTILITY EASEMENT
LOCATED BETWEEN THE EASTERLY RIGHT-OF-WAY
LINE OF BELCHER ROAD, (COUNTY ROAD 501), AND
THE NORTH PROPERTY LINE OF LOT 95, VILLAGE ON
THE GREEN PATIO HOMES SUBDIVISION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Executive Corporation of Clearwater, Inc., 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:
15-foot utility easement described as follows:
Commence at the Northwest comer of the Southwest 1.4 of Section 30,
Township 28 South, Range 16 East, Pinellas County, Florida; thence SOOo
19' 55" E, along the West line of Said Southwest 1.4 of Section 30 (being the
basis of bearings for this legal description), for 444.65 feet; thence leaving
said West line of the Southwest 1.4 of Section 30, S130 28' 10" E, for 233.25
feet to the POINT OF BEGINNING of a parcel lying 7.5 feet on either side
of the following described centerline, same being the point of intersection
with the centerline of that certain easement as described in Official Records
Book 4223, page 1502 of the Public Records of Pinellas County, Florida;
thence the following six (6) courses along said centerline of that certain
easement as described in Official Records Book 4223, Page 1502; (1)
thence N690 24' 30" E, for 251.75 feet: (2) thence N890 02' 37" E, for
170.60 feet; (3) thence S56012' 38" E, for 43.69 feet to the centerline of
Well Number 64, said Well 64 being bounded by a 10-foot square with
sides lying in a cardinal direction; (4) thence S880 08' 02" E, for 491.15 feet;
(5) thence S430 56' 22" E, for 23.84 feet to the POINT OF TERMINUS, said
POINT OF TERMINUS lying S5r 39' 31" E, 1191.76 feet from said
Northwest corner of the Southwest 1.4 of Section 30.
is hereby vacated, except that this vacation shall be null and void if the owner of the
property does not dedicate a replacement easement within six (6) months of the date of
Ordinance No. 7583-06
this ordinance. Upon satisfaction of this condition, the City of Clearwater releases all of
its rights in the servitude as described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. 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:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7583-06
Exhibit A Map: Executive Corporation of Clearwater, Inc.
SR 580
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City of Clearwater
Public Works Administration I Engineering
A parcel of land being a portion of that certain easement as described in Official Records Book
4223, page 1502 of the Public Records of Pineilas County, Florida lying within the Southwest 1/4
at Section 30, Township 26 South, Range 16 East, Plneilas County, Florida, said parcel being
described as lying 7.50 feet on either side of the following described centeriine, and the weil being
described as a 10-fool square with sides lying in a cardinai direction,
Ordinance 7583-06
DWG. NO VAC 2006-01
Grid #
S.K.
221A
Reviewed By:
S.D.
Scale: 1" = 200 ft
Drawn By:
S-T-R
30-28s-16e Date: 12/13/05
Location Map: Executive Corporation of Clearwater, Inc.
PROJECT
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City of Clearwater
Public Works Administration / Engineering
A parcel of liVld being a port on of that certain easement as described in Official Records Book
4223, page 1502 of the Public Records of Pinellas County, Florida lying within the Southwest 1/4
of Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, said parcel being
described as lying 7,50 feet on either side of the following described cente~ine, and the well being
described as a 10-foot square with sides lying in a cardinal direction.
..'
Ordinance 7583-06 Drawn By:
DWG. NO VAC 2006-01 Grid #
S.K.
221A
Reviewed By: S.D. Scale:
S - T - R 30-28s-16e Date:
N.T.S
12/13/05
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City Council
Agenda ~~,~~.r. ~emora~.~!!m
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Trackino Number: 1,917
Actual Date: 02/16/2006
Subject I Recommendation:
Approve the applicant's request to vacate the triangular blanket stormwater easement lying west
of Lot 21, Sue Barco Subdivision, (a.k.a. 900 Osceola Avenue), as more particularly described in
the ordinance, subject to the provision of a new stormwater easement within six (6) months, and
pass Ordinance 7602-06 on first reading, (VAC2006-03 Clearwater Bay Marina, LLC),
Summary:
The applicant is seeking the vacation of the blanket easement in order to permit the construction
of an 8-unit townhome development in the blanket easement area. A 65-unit condominium is also
proposed to be built on the subject property.
A 30-inch stormwater outfall pipe is presently located in the subject easement area.
The subject ordinance requires that a new 20-foot easement be dedicated to the city within six
(6) months of the approval of the ordinance or the ordinance will become null and void.
The Community Development Board approved a flexible development case for this property on
January 18, 2005.
Knology, Brighthouse, Verizon and Progress Energy have no objections to the vacation request.
Public Works Administration has no objections provided that the approved vacation becomes
invalid unless a new easement is dedicated within six (6) months of the date of approval.
Originating: Engineering
Section: Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Cooies attached: 3
Public Hearing: Yes
Advertised Dates: 01/29/2006
02/05/2006
Financial Information:
Review Approval
Glen Bahnick
02-03-2006
15:56:00
Brvan Ruff
02-03-2006
16:41 :21
Bill Horne
02-06-2006
11 :45:49
Michael Ouillen
02-03-2006
15:59:43
Cvndie Goudeau
02-06-2006
11:53:05
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City Council
n~enda ~~~ver Memorandum
Garry Brumback
02-06-2006 10:58:30
ORDINANCE NO. 7602-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE TRIANGULAR BLANKET
STORM SEWER EASEMENT LYING WEST OF LOT 21,
SUE BARCO SUBDIVISION, SUBJECT TO AN EXISTING
3D-INCH STORM SEWER EASEMENT ALONG AND
ACROSS SAID PROPERTY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Clearwater Bay Marina, LLC, owner of real property located in the
City of Clearwater, has requested that the City vacate the storm sewer 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:
the storm sewer easement described as follows:
Begin at the Northeast corner of Lot 22, in Sue Barco's Subdivision as
recorded in Plat Book 1, Page 26 of the Public records of Pinellas County,
Florida; run thence southerly along the East boundary of said Lot 22 a
distance of 30.0 feet; thence N 890 24' 59" W, 136.63 feet; thence N 7]0 00'
39" W, 75.04 feet for the POINT OF BEGINNING; thence continue N 770
00' 39" W, 497.63 feet; thence S 620 39' 09" E, 356.26 feet; thence N 720
54' 13" E, 176.24 feet to the POINT OF BEGINNING, together with all
riparian rights and submerged lands thereto pertaining.
Subject to an existing 3D-inch storm sewer easement along and across said
property for the purpose of repairing, replacing or maintaining said storm
sewer.
is hereby vacated, except that this vacation shall be null and void if the owner of the
property does not dedicate a replacement stormwater easement which shall be located
10 feet on either side of the 3D-inch stormwater line within six (6) months of the date of
this ordinance. Upon satisfaction of this condition, the City of Clearwater releases all of
its rights in the servitude as described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Ordinance No. 7602-06
Section 3. 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:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7602-06
Exhibit A Map: Clearwater Bay Marina, LLC
Clearwater Bay
Marina
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23
13
6
19
30
10
9
.
City of Clearwater
Public Works Administration I Engineering
Blanket storm sewer easement described in
O.R. 101 pg. 274 attached.
..'
Ordinance 7602-06 Drawn By: S.K. Reviewed By: S.D. Scale: 1" = 200 ft
DWG.NO VAC 2006-03 Grid # 277B S-T-R 09-29s-15e Date: 01/17/06
Location Map: Clearwater Bay Marina, LLC
PROJECT
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u~ Blanket storm sewer easement described in
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O.R. 101 pg. 274 attached.
Ordinance 7602-06 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S
DWG. NO V AC 2006-03 Grid # 277B S-T-R 09-29s-15e Date: 01/13/06
~~t-
City Council
Agenda C~ver Memorandum
Eng - 3
5,3
Tracking Number: 1,890
Actual Date: 02/16/2006
Subject/ Recommendation:
Approve the applicant's request to vacate a portion of the 5-foot drainage and utility easement
lying along the west property line of Lot 1, Block A, of Bayside Subdivision Number 5, (a.k.a.
514-530 South Gulfview Boulevard) as more particularly described in the ordinance and pass
Ordinance 7601-06 on first reading, (VAC2006-02 City of Clearwater-Dalton Clearwater, LLC),
Summary:
The applicant is seeking the vacation of the drainage and utility easement to eliminate an
unneeded easement portion in favor of a new easement intended for the installation of city
stormwater facilities.
The grantor of the new easement requested that the City vacate the subject utility easement
portion after the recording of the new easement.
Since the easement was dedicated to the sole use of the City of Clearwater, letters of no
objection from the public utilities are not required.
Public Works Administration has no objections to the vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 01/29/2006
02/05/2006
Financial Information:
Review Aooroval
Glen Bahnick
Bill Horne
01-23-2006 17:24:35
02-03-2006 10:25:01
01-25-2006 10:57: 18
02-02-2006 13:38:47
01-25-2006 13:31 :26
02-02-2006 16:25:48
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bryan Ruff
((s-. Ers-3
B-3
ORDINANCE NO. 7601-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING PART OF THE FIVE-FOOT
DRAINAGE AND UTILITY EASEMENT LYING ALONG THE
WEST PROPERTY LINE OF LOT 1, BLOCK A, BAYSIDE
SUBDIVISION NUMBER 5; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City of Clearwater, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and 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:
That part of the 5-foot drainage and utility easement lying along the west property
line of Lot 1, Block "A", Bayside Subdivision Number 5, as recorded in Plat Book
38, Page 38 of the Public Records of Pinellas County, Florida that lies within and
north of the drainage and utility easement recorded in Official Record Book 14732,
Pages 1885-1889 of the Public Records of Pinellas County, Florida, said
easement described as:
From the Southwest corner of Lot 1, Block A, of Bayside Subdivision Number 5, as
recorded in Plat Book 38, Page 38 of the Public Records of Pinellas County,
Florida: thence N120 34' 30" E, along the west line of said Lot 1,69.60 feet, to the
POINT OF BEGINNING; thence continue N 12034' 30" E, along said west line
23.21 feet; thence N 330 32' 54" E, 28.30 feet; thence N 600 26' 41" E, 95.09 feet;
to a point on the north line of said Lot 1, thence S 540 25' 30" E, along said north
line, 16.53 feet; thence S 600 26' 41" W, 98.46 feet; thence S 330 32' 54" W, 40.80
feet; thence S 83040' 46" W, 8.62 feet to the POINT OF BEGINNING.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7601-06
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7601-06
Exhibit A Map: City of Clearwater
"
Vacation Requested
By Applicant
~
~arwater N City of Clearwater
W*E Public Works Administration I Engineering
Vacate the West five feet of Lot 1, only the north
U~ s
~ portion that is shown highlighted
,
Ordinance 7601-06 Drawn By: S.K. Reviewed By: S.D. Scale: 1" = 1 00 ft
DWG. NO V AC 2006-02 Grid # 276A S-T-R 08-29s-15e Date: 01/12/06
Location Map: City Of Clearwater
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Public Works Administration / Engineering
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~ . Vacate the West five feet of Lot 1, only the north
portion that is shown highlighted
Ordinance 7601-06 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S
DWG. NO V AC 2006-02 Grid # 276A S-T-R 08-29s-15e Date: 01/13/06
City Council
_._,~.,_ Agenda Cover Memorandum
ENS ~ ~
B.~
Tracking Number: 1,876
Actual Date: 02/16/2006
Subject I Recommendation:
Declare as surplus for the purpose of offering for sale by Invitation For Bid 12-06 vacant
residential lots described as PALM PARK, Block C, Lot 16 (900 La Salle St.) at minimum bid
amount of $40,000, FAIRMONT SUB., Block G, Lot 6 (1406 N. Madison Avenue) and Lot 7 (1134
Carlton Street) at minimum bid amount of $36,000 each, all lots to be used for construction of
housing affordable for qualified buyers having household income under 80% of Area Median
Income.
Summary:
PALM PARK, Block C, Lot 16 came into City ownership by County Deed dated December 23,
1997.
FAIRMONT SUB., Block G, Lots 6 & 7 were conveyed to the City by Quit-Claim Deed on October
8, 1998 in lieu of the owner paying $2240 in City lot clearing liens, and $797 in delinquent
property taxes.
On January 2, 2006 State Certified Appraiser Joseph A. Fornito performed appraisals of each of
the three lots. Mr. Fornito valued the 7,500 square foot PALM PARK lot at $40,000, and the two
6,783 square foot FAIRMONT SUB. lots at $36,000 per lot.
Upon the subject parcels being declared surplus they will be offered for sale by Invitation For Bid
12-06 in compliance with City purchasing regulations.
To continue fostering construction of affordable housing in the North Greenwood neighborhood it
is recommended the successful bidder construct housing that prospective buyers earning under
80% of Area Median Income would qualify to purchase.
Originating: Engineering
Section Administrative public hearings
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: Yes
Advertised Dates: 02/05/2006
Financial Information:
Review Approval
Michael Ouillen
01-25-2006
11:05:14
Garrv Brumback
02-03-2006
11:07:05
Laura Lioowski
01-30-2006
13:04:29
~~-
Bill Horne
Cvndie Goudeau
City Council
Agenda Co.J!~! Memorandum
02-03-2006
02-06-2006
18:00:43
08:30:51
?uj - \ (1\Je.t.u ')
a.s
~a.4In7ater
u~
City Council
A~!1da Co~.~r Memorandum
Trackinq Number: 1,884
Actual Date: 02/16/2006
Subiect I Recommendation:
Approve an amended Development Agreement between Executive Corporation of Clearwater,
Inc. (the property owner) and the City of Clearwater (previously approved DVA2004-00004 by
City Council on May 19, 2005)and Adopt Resolution 06-04.
Summary:
The subject site consists of 44.2 acres of land located at 2506 Countryside
Boulevard, and known as the Countryside Executive Golf Course.
A Flexible Standard Development (FLS) application, for attached dwellings in the
Medium Density Residential (MDR) zoning district, is still pending.
The City Council originally approved a Development Agreement for this property on
May 19, 2005 (DVA2004-00004), which was amended. (DVA2004-00004A). This
agreement allows for the development of (not to exceed) 280 residential units.
The applicant is proposing the following revisions to the approved development
agreement:
- Eliminates the prohibition of left hand turns from Enterprise to SR 580
(in response to concerns raised by FOOT regarding the associated Land Use
Plan amendment)
- Limits ingress/egress onto Enterprise Road (that the Corvina/Enterprise
Road intersection be channelized to allow left and right turns onto
Corvina, but only right turns out of Corvina)
- Grants a replacement easement related to raw water wells
- Affirms municipal solid waste removal service
- Deletes a provision regarding the utilization of impact fees.
. The Community Development Board (COB) reviewed the proposed amended Development
Agreement on January 17, 2006, and recommended approval.
Oriainating: Planning
Section Administrative public hearings
Cateaorv: Code Amendments, Ordinances and Resolutions
Financial Information:
Review Aooroval
Gina Clavton
02-01-2006
16:45:51
Cvndie Goudeau
02-03-2006
10:23:03
Michael Delk
02-01-2006
16:54:25
Garrv Brumback
02-02-2006
11 :36:28
Pam Akin
02-02-2006
10:25:26
-'-_~'_~;*~;,jl~'i~'~_~_~",,*~~~;'U~";,*l!!<;~~~"I'!I~~'~';';';'~;~i<!:>i<"
~~
o~
Bill Horne
City Council
Agenda C~ver Memorandum
02-02-2006
16:37: 10
RESOLUTION NO. 06-04
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND EXECUTIVE CORPORATION OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with Executive Corporation of Clearwater, Inc. that was adopted by the City
Council on May 15, 2005, by Resolution No. 05-15; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Amended Development Agreement between the City of
Clearwater and Executive Corporation of Clearwater, Inc. a copy of which is attached
as Exhibit "A" is hereby approved.
Section 2. The City Clerk is directed to record the Amended Development
Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen
(14) days after the agreement is executed. The applicant for the Development
Agreement shall bear the expense of recording the agreement.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amended Development Agreement to the State of Florida Department of Community
Affairs no later than fourteen (14) days after the Amended Development Agreement is
recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-04
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CDB Meeting Date: January 17, 2006
Case Number: DV A2004-00004A
Agenda !tern: F4
CITY OF CLEARWATER
PLANNING DEPARTMENT
REVISED STAFF REPORT
(Note: Strikethrough [deleted] and underlining [new] are changes from that originally requested.)
BACKGROUND INFORMATION:
APPLICANT:
REPRESENTATIVE:
LOCATION:
REQUEST:
SITE INFORMATION:
PROPERTY SIZE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
Executive Corporation of Clearwater, Incorporated
Timothy A. Johnson (Johnson, Pope, Bokor, Ruppel & Bums, LLP.)
2506 Countryside Boulevard
Review of and recommendation to the City Council of an amended
Development Agreement between Executive Corporation of
Clearwater, Inc. and the City of Clearwater (previously approved
DV A2004-00004 by City Council on May 19,2005).
1,925,352 square feet or 44.2 acres
(2,817 feet wide by 2,703 feet deep)
Outdoor recreation/entertainment and restaurant
Multi - family residential
Recreation/Open Space (RIDS)
Residential Urban (RU)
Open SpacelRecreation (OSIR)
Medium Density Residential (MDR)
North: Place of worship, assisted living facility and vehicle
sales/display uses
South: Single-family residential
East: Light industrial and office
West: Single-family and multi-family residential
Staff Report - Community Development Board - January 17,2006 - DV A2004-00004A - Page 1
ANALYSIS:
The subject site consists of one parcel of land 44.2-acres in area known as the Countryside
Executive Golf Course. It is located at the northwest comer of the Countryside Boulevard and
Enterprise Road intersection, approximately 1,000 feet west of U.S. Highway 19 North. The
surrounding area is predominantly developed with low-medium to medium density residential and
office uses. Single-family dwellings exist to the south, and single-family and multi-family
dwellings are found to the west. Office and light industrial uses are located to the east, while to
the north exists a place of worship, assisted living facility and vehicle sales/display use.
On December 29, 1977, the original developer of the golf course and surrounding residential areas,
u.s. Home Corporation, recorded a warranty deed that required the subject site to operate as a golf
course for a period of 20 years. The deed did not restrict the use of the property beyond that
time frame, which expired in 1997. In 2004, the applicant proposed to redevelop this site with a
total of 280 townhomes. A development agreement was submitted in 2004, in conjunction with
applications to amend the future land use plan designation of the site from Recreation/Open Space
(RIDS) to Residential Urban (RU) and to rezone it from Open Space/Recreation (OS/R) to
Medium Density Residential (MDR), which would permit a maximum of 331 residential units.
The rezoning and land use plan amendment were approved. A Flexible Standard (FLS)
application, for attached dwellings in the MDR zoning district, is still pending.
Development Agreement Request
The purpose of this amended development agreement is to amend language from the original
agreement, adding language to address transportation issues, granting a replacement easement
related to raw water wells, and affirming the provision of municipal solid waste removal service.
The Development Agreement associated with the 44.2-acre site sets forth public and private
obligations to ensure that the proposed development will limit the impact on surrounding areas and
is in harmony with the existing surrounding uses and public facilities. The development
agreement will be in effect for a period of 10 years and requires redevelopment of the site to be
consistent with the following requirements:
1. Density of the site shall not exceed 280 residential units;
2. The property shall be developed substantially in conformance with the Concept Plan
submitted as Exhibit "B" to the Development Agreement;
3. Building heights shall be limited to 35 feet;
4. The architectural style of the buildings shall be consistent with the rendered drawings
submitted as Exhibit "C" to the Development Agreement;
5. A 20-foot landscape buffer shall be provided along the western boundary of the site,
adjacent to existing residential uses, consistent with Exhibit "D" of the Development
Agreement, which includes canopy and accent trees placed at various locations along the
buffer and a continuous low-lying hedge along the entire buffer;
6. The applicant must post the required security for traffic improvements to Enterprise Road
and Countryside Boulevard, directly adjacent to the site to mitigate the impacts associated
with the proposal. These improvements must be constructed prior to obtaining a Certifi-
cate of Occupancy for the site;
Staff Report - Connnunity Development Board - January 17,2006 - DV A2004-00004A - Page 2
7. The applicant shall grant a utility easement for water service five (5) feet on either side of
the water lines on the site;
8. The owner will grant a replacement easement related to remaining active wells operated by
the City, to replace the easement being vacated (OR 4223, Page 1502).
9. Prior to the issuance of a building permit for the site, the applicant shall record a deed
restriction, approved by the City Attorney, encumbering the property and describing the
development limitations of the Development Agreement.
Additionally, the Development Agreement obligates the City to comply with the following:
1. Concurrently process the Future Land Use Plan amendment and rezoning requests (see case
LUZ2004-08005) submitted by the applicant for the subject site;
2. Approve site and construction plans consistent with the City's Comprehensive Plan and the
submitted Concept Plan;
3. 'Nhere possible, utilize transportation impaet fees paid by the applicant in eOlmeetion with
the proposed development for the desiga, permitting and construction of the transportation
improvements required at the interseetion of Eftterprise Road and Main Street;
4:- 3. Vacate an easement that relates to two (2) abandoned water well sites found in O.R. Book
4223, Page 1502, ofthe Public Records of Pine lIas County Florida; and
~ 4. City of Clearwater solid waste service will be made available to this property.
CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-606.F]
The proposed Development Agreement is consistent with and furthers the following goals, policies
and objectives ofthe City of Clearwater Comprehensive Plan:
2.0 Goal - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic resources,
ensure neighborhood preservation, redevelop blighted areas, and encourage infill
development.
2.1 Objective -The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill devel-
opment that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned devel-
opments that are compatible.
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
4.2 Objective - All development or redevelopment initiatives within the City of Clearwater
shall meet the minimum landscaping / tree protection standards of the Community Devel-
Staff Report - Community Development Board - January 17, 2006 - DV A2004-00004A - Page 3
opment Code in order to promote the preservation of existing tree canopies, the expansion
of that canopy, and the overall quality of development within the City.
4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater
shall meet all landscape requirements of the Community Development Code.
5.0 Goal - The city shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of exist-
ing development exceed the desired levels of service will be upgraded consistent with the
target dates for infrastructure improvements included in the applicable functional plan ele-
ment.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of
City services (traffic circulation, recreation and open space, water, sewage treatment, gar-
bage collection, and drainage) to fall below minimum acceptable levels. However, devel-
opment orders may be phased or otherwise modified consistent with provisions of the con-
currency management system to allow services to be upgraded concurrently with the im-
pacts of development.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on October 7, 2004, December 2, 2004 and January 27, 2005. The Planning Department
recommends APPROVAL of the Development Agreement for the site at 2506 Countryside
Boulevard, with the following bases:
Bases for Approval:
1. The Development Agreement is consistent with and furthers the goals, policies and objectives
of the Comprehensive Plan.
2. The Development Agreement complies with the standards and criteria of Section 4-606.
3. The Development Agreement implements and formalizes the requirements of the Future Land
Use Plan Amendment and Rezoning request found in LUZ2004-08005.
Prepared by: Planning Department Staff:
Michael H. Reynolds, AICP, Planner III
ATTACHMENTS:
Development Agreement
Aerial Photograph of Site and Vicinity
Location Map
Zoning Atlas Map
Application
S:\Planning DepartmentlC D BIDevelopment AgreementsIDVA2004-00004A Countryside Boulevard 2506IDVA2004-00004A 2506 Countryside
Blvd STAFF REPOR T. doc
Staff Report - Community Development Board - January 17,2006 - DV A2004-00004A - Page 4
Owner:
Site:
From:
To:
2x2 Map
Executive Corporation of Clearwater,
Inc.
Case:
2506 Countryside Boulevard
Property Size (Acres) :
Land Use
Zoning
PIN:
R/OS
OS/R
RU
MDR
A tlas Page:
DV A2004-00004A
44.2
30/28/16/00000/320/0300
221A
Zoning Map
Owner:
Executive Corporation of Clearwater,
Inc.
Case:
DV A2004-00004A
Site:
2506 Countryside Boulevard
Property Size (Acres) :
44.2
Land Use
Zoning
PIN:
30/28/16/00000/320/0300
From
R/OS
OS/R
To:
RU
MDR
A tlas Page:
221A
Future Land Use Plan
Owner:
Executive Corporation of Clearwater,
Inc.
Case:
DV A2004-00004A
Site:
2506 Countryside Boulevard
Property Size (Acres) :
44.2
Land Use
Zoning
PIN:
30/28/16/00000/320/0300
From
R/OS
OS/R
To:
RU
MDR
A tlas Page:
221A
Location Map
Owner:
Executive Corporation of Clearwater,
Inc.
Case:
DV A2004-00004A
Site:
2506 Countryside Boulevard
Property Size (Acres) :
44.2
Land Use
Zoning
PIN:
30/28/16/00000/320/0300
From:
R/OS
OS/R
To:
RU
MDR
A tlas Page:
221A
Aerial Photograph
Owner:
Executive Corporation of Clearwater,
Inc.
Case:
DV A2004-00004A
Site:
2506 Countryside Boulevard
Property Size (Acres) :
44.2
Land Use
Zoning
PIN:
30/28/16/00000/320/0300
From:
R/OS
OS/R
To:
RU
MDR
A tlas Page:
221A
View looking southeast from site
View looking west
View looking east, from site, at offices on Enterprise Road
View looking north, along Enterprise Road
View looking west
View looking southwest
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
("AGREEMENT") is dated , ~006!.~ff~~.tiX~.~~__p_~C?Yl~~~J~_.~~~~j~~_~_~qht~_.
Agreement, and entered into between EXECUTIVE CORPORATION OF
CLEARWATER, INC., a Florida corporation ("OWNER"), and the CITY OF
CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through
its City Council ("COUNCIL"), the governing body thereof ("CITY").
B g.Q!I~k~:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606
of the City of Clearwater Community Development Code ("CODE"), establishing
procedures and requirements to consider and enter into development agreements.
C. OWNER owns approximately 44.2 acres m.o./. of real property
("PROPERTY") in the corporate limits of the City, more particularly described on Exhibit
"A" attached hereto and incorporated herein.
D. OWNER or its successor, desires to develop the Property as a town home
community, consisting of not more than 280 units, generally conforming to the concept
plan ("CONCEPT PLAN") shown on Sheet 1 of 2 on Exhibit "B" attached hereto and
incorporated herein.
E. The PROPERTY currently has a land use designation of RecreationlOpen
Space and is zoned OS/R. .
F. In order to develop the PROPERTY, consisting of 44.2 acres, with up to 280
residential units, OWNER has requested that the City place the following on the
PROPERTY: (i) a land use designation of Residential Urban (7.5 units/acre) and (ii) a
zoning designation of MDR (Medium Density Residential).
G. The CITY and OWNER have determined that it would be mutually beneficial
to enter into a development agreement governing the matters set forth herein and have
negotiated this AGREEMENT in accordance with the CODE and the ACT.
[ Deleted: 2005
H. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
I. On May 31. 2005. the CITY and the OWNER entered into a Development
Aqreement. which the parties wish to amend and restate in its entirety as set forth
below.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accorda.nce with the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT, the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT. Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by OWNER.
SECTION 5. EFFECTIVE DATE/DuRATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and shall be
contingent upon
5.1.1 Obtaining final approval, and effectiveness of a land use designation of
Residential Urban and a zoning designation of MDR as requested on the PROPERTY;
and '
5.1.2 Conveyance by OWNER of the PROPERTY to Beazer Homes Corp., a
Tennessee corporation.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
2
6.1 Obligations of the OWNER
6.1.1. The obligations under this AGREEMENT shall be binding on OWNER,
its successors or assigns.
6.1.2. At the time of development of the PROPERTY, OWNER will submit
such applications and documentation as are required by law and shall comply with the
City's CODE applicable at the time of development review.
6.1.3.
PROPERTY:
The following restrictions shall apply to development of the
6.1.3.1 The PROPERTY shall be developed substantially in
conformance with the CONCEPT PLAN. The estimated population density and maximum
building intensity are shown on the CONCEPT PLAN. The locations of the ponds and
roads shown on the CONCEPT PLAN are approximate and may change as a result of the
requirements of applicable regulatory agencies or other design considerations.
6.1.3.2
Building height shall not exceed 35 feet (two stories).
6.1.3.3 The architectural style of the town homes to be constructed
on the Property shall be substantially as shown on the renderings attached hereto as
Exhibit "C."
6.1.3.4 The landscape buffering for the westerly side of the Property
adjacent to existing residential development shall be substantially as described on
Sheet 2 of 2 on Exhibit ..B.... Building setbacks shall meet the requirements of the CODE
and may be located in whole or in part within the landscape buffer.
6.1.3.5 The OWNER shall construct at its cost .afl_~~~~.~l:;!~I)__ot~JY.r:~__
lane on Countryside Blvd. as shown on the CONCEPT PLAN and shall post the security
therefor as required by CODE ~4-606 G.1.e.
6.1.3.6 The OWNER shall grantm_~ _~~i.l!!y._~.~_~~~~~.u<?.r:~~~~.r:_l?_~!Y!~_~__
five (5) feet on either side of the constructed water lines on the PROPERTY and (ij)
simultaneously with vacation by the CITY of that portion of the easement recorded in
O.R. Book 4223, Page 1502, of the Public Records of Pinellas County, Florid~_
replacement easement that relates to the remaininQ active wells operated bv the CITY
on the Property.
6.1.3.7. The project to be developed on the PROPERTY shall not have
vehicular access to Laurelwood Drive.
6.1.3.8 On the west side of Enterprise Road, the OWNER shall
extend north to the project entrance (+1- 400 feet) the existing SB to WB right turn lane
at the Enterprise RoadlCountryside Blvd. intersection, all at the OWNER'S cost.
3
Deleted: (i) a channelized right tum
lane to prevent the NB to WB
movement and (Ii)
[Deleted: a
[Deleted: , that relates to two (2)
water well sites that have been
abandoned by the CITY
6.1.3.9. The OWNER shall buffer any residential structures located
opposite the entrance to the Tampa Bay Water property to the east with a six foot high
opaque fence, so as to diminish any adverse impact of headlights of vehicles exiting the
Tampa Bay Water property.
6.1.3.9. Eqress from the PROPERTY onto Enterprise Road shall permit
only a riqht out movement. Inqress into the PROPERTY from Enterprise Road shall
permit riqht in and left in movements.
6.1.4 Prior to issuance of the first building permit for the PROPERTY,
Owner shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney (which approval shall not be
unreasonably withheld) and which will generally describe the development limitations of
this AGREEMENT. The deed restriction shall be perpetual and may be amended or
terminated only with the consent of the CITY, which consent shall not be unreasonably
withheld.
6.2. Obligations of the City
6.2.1 Concurrent with the approval of this AGREEMENT, the COUNCIL shall
promptly process amendments to the land use plan and zoning
designation for the PROPERTY as set forth in Recital F above, all in
accordance with the CODE.
6.2.2 City will approve site and construction plans for the PROPERTY that are
consistent with the Comprehensive Plan and the CONCEPT PLAN and
that meet the requirements of the CODE.
6.2.3 .T~.e. .qity..~.h~!I. .<::~~~i.~.E?.r .t~.e. .v~~~ti.l?I1. ~f.~h~. e~s.ell1ent. r~~o~~ed..in 9. R:..
Book 4223. Paqe 1502, of the Public Records of Pinellas County,
Florida." __. __ __ __ __. _....._ .. . _ __. __ __ ____. __ ____ __.__ ___ __ ____. __ __ __ __ __ __. _ __ __ _ _ __ ___ __ ___
6.2.4 The final effectiveness of the redesignations referenced in Section
6.2.1. is subject to:
6.2.5.1 The provisions of Chapter 125 and 163, Florida Statutes,
as they may govern such amendments; and
6.2.5.2 The expiration of any appeal periods or, if an appeal is
filed, at the conclusion of such appeal.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval. With respect to
4
Deleted: <#>To the maximum extent
allowed by law, the CITY shall utilize
transportation impact fees paid to it
I by the OWNER in connection with the
i proposed development for the design,
I permitting, and construction of the
I transportation improvement required
, I at the intersection of State Road 580
... I and Enterprise to mitigate the
" transportation impacts of the
" proposed developmenl.1I
.... 11
Deleted: easements described in
Section 6.1.3.6.
transportation, the concurrency provisions for the proposed development have been
met.
7.1. Potable water from the CITY.
7.2. Sewer service is currently provided by the CITY.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the parcel will be provided by OWNER.
7.5 Reclaimed water from the CITY, if available.
7.6. Solid waste from the CITY.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
SECTION 10. TERMINATION
10.1. If OWNER'S obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to OWNER and an opportunity
to be heard, existing permits shall be administratively suspended and issuance of new
permits suspended until OWNER has fulfilled its obligations. Failure timely to fulfill its
obligations may serve as a basis for termination of this AGREEMENT by the CITY, at the
discretion of the CITY and after notice to OWNER and an opportunity for OWNER to be
heard.
5
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by OWNER; or
11.1.3 That the change is essential to the public health, safety or welfare.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve OWNER from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to OWNER:
Executive Corporation of Clearwater, Inc.
5260 South Landings Drive, Ariel #704
Fort Myers, FL 33919
With copy to:
Timothy A. Johnson, Jr., Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
If to CITY:
City Council of City of Clearwater
clo City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties
6
may change the addresses set forth above (including the addition of a mortgagee to
receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE OWNER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Administrator, reasonably exercised, is a minor or
inconsequential nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY.
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this AGREEMENT. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
AGREEMENT to OWNER includes OWNER'S successors or assigns. This AGREEMENT was
the production of negotiations between representatives for the CITY and OWNER and the
language of the Agreement should be given its plain and ordinary meaning and should
not be construed against any party hereto. If any term or provision of this AGREEMENT is
susceptible to more than one interpretation, one or more of which render it valid and
enforceable, and one or more of which would render it invalid or unenforceable, such
term or provision shall be construed in a manner that would render it valid and
enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
7
unenforceable, the remainder of this AGREEMENT, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes
. of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY, and such modifications are specifically anticipated in
this AGREEMENT.
SECTION 23. GOVERNING LAw This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida. without regard. to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
Section 25. TERMINATION OF DEVELOPMENT AGREEMENT. The Development
AQreement entered into by the parties on May 31. 2005, is hereby terminated.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
8
WITNESSES:
Printed Name:
Printed Name:
Cou ntersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
CITY OF PINELLAS
EXECUTIVE CORPORATION OF
CLEARWATER, INC.,
a Florida corporation
By:
S. Lee Crouch
President
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
Attest: .
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before me this ,
I ii~~RRYAT~R,-~jNc:~~O-~j~;f(j':scS;6-i~~~~;-o~ E;-~f-~ll~;' c3~~:f~~r~~D9i~"
personally known to me or who 0 produced as identification.
Notary Public
Print Name:
9
[ Deleted: 2005
STATE OF FLORIDA
CITY OF PINELLAS
The foregoing instrument was acknowledged before me this
Florida, who D' TS006p:~:::i~: \~~a~a-~~-toCls-~:y~~o~q~h~ity[]-<;;.I~~6d~~:~"
identification.
Notary Public
Print Name:
STATE OF FLORIDA
CITY OF PINELLAS
The
foregoing instrument was acknowledged before me this
Florida, ' j~~6dYiS W~~~:n~IIY 1;-~~ci~J-\~it~e fy16iCl~~o-q[r~rfdtrc:J-
identification.
Clearwater,
Notary Public
Print Name:
Exhibits:
A Legal Description of Property
B Concept Plan
C Building Elevations
12/13/0510:07 AIIIl. _ _ _ __... _ ___... _____. .____... .___ _. .____...___. ...._.. .......____.. .____. ..____.________..____________. ._.. " _
45403.108701 -- --.-
#359033 v1 - Beazer/CountrysideJDevelopment Agreement (Amended)
10
[Deleted: 2005
[ Deleted: 2005
Deleted: 10/31/0510:15 AM
Inserted: 10/31/0510:15 AM
( Deleted: 10/26/0504:49 PM
II. . ...
"". , I "
EXHIBIT "A"
LEGAL DESCRIPTION:
A tract of land lying in Sections 30 and 31, Township 28 South, Range 16 East, City of Clearwater, .
Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the West 1/4 Comer of said Section 30; thence nul South 0019'55" East, along the
west line of said Section 30, for 444.65 feet; thence South 89055'13" East for 50.01 feet to the POINT
OF BEGINNING; thence continue South 89055'13" East for 1558.45 feet to a point on the west line of
"Dunedin Industrial Park" as recorded in Plat Book 64, Page 76, Records of Pine lIas County, Florida;
thence South 0004'47" West for 937.36 feet to the southwest comer of said Plat; thence South
89055'13" East, along the south line of said plat, for 247.55 feet to a point on the westerly right-of-
way line of Enterprise Road; thence 16.61 feet along the said westerly right-of-way line and the arc of
a curve that is concave to the northeast, having a radius of 895.00 feet, a chord length of 16.61 feet and
a chord bearing of South 9027'20" EaSt to a point of compound curvature with a curve that is also
' concave to the northeast; thence 261.09 feet along the arc of said curve having a radius of 330.00 feet,
a chord length of 254.33 feet and a chord bearing of South 32039'10" East to a point of tangency;
~ence South 55019'05" East for 345.77 feet to a point of curvature of a curve of a curve that is
concave to the southwest; thence 96.09 feet along the arc of said curve having a radius of 170.00 feet,
a chord length of94.82 feet and a chord bearing of South 39007'31" East to a point of tangency; thence
South 22055'56" East for 143.70 feet to a point of curvature ofa curve that is concave to the northeast;
thence 286.62 feet along the arc of said curve having a radius of 405.00 feet, a chord length of280.68
feet and a chord bearing of South 43012'18" East to a point of reverse curvature with a curve that is
concave to the southwest; thence 102.23 feet along the arc of said curve having a radius of 250.00 feet;
a chord'lengthof 101.52 feet and a chord bearing of South 51045'54" East to a point of compound
. curvature with a cwye ,that is cOncave to the west; thence 49.17 feet along the arc of said curve having
a radius of 30.00 feet, a chord length of 43.85and a chord bearing of South 6054'15" West to a point of
tangency, the same point being on the northwesterly right-of-way line of Countryside Boulevard;
thence South 53051 '32" West, along said right-of-way line, for 592.43 feet to a point of curvature of a
cUrve that is concave to the southeast, thence 1059.47 feet along the arc of said curve having a radius
of 1960.00 feet, a chord length of 1046.62 feet and a chord bearing of South 38022'24" West; thence,
leaving said right-of-way line, North 67006'44" West for 164.15 feet; thence North 10030'36" West for
674.31 feet; thence North 62054'47" West for 114.19 feet to a point on the arc of a curve that is
concave to the northwest; thence 98.14 feet along the arc of said curve having a radius of 490.00 feet,
a chord length of97.97 feet and a chord bearing of North 21020'58" East; thence South 85055'13" East
for 382.97 feet; thence North 53018'37" East for 254.00 feet; thence North 10004'50" West for 228.53
feet; thence North 36015'14" East for 111.61 feet; thence North 14028'28" West for 444.10 feet; thence
North 58015'59" West for 446.79 feet; thence South 74034'52" West for 206.75 feet to a point on the
arc of a curve that is concave to the southwest; thence 37.09 feet along the arc of said curve' having a
radius of 590.00 feet, a chord length of 37.08 feet and a chord bearing of North 17013'11" West;
thence North 62012'34" East for288.57 feet; thence North 3059'27" West for 431.05 feet; thence North
44005'26" West for-445.53 feet; thence South 79028'45" West for 983.07 feet; thence North 0019'55"
West for 393.61 feet to the POINT OF BEGINNING.
.EXHIBIT "e"
Page 1 'of 2
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City Council
ASlenda Cover Memorandum
P L]) - cd
q. I
Tracking Number: 1,908
Actual Date: 02/16/2006
Subject I 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 3012 Grand View Avenue (Lot 10, Block G, Kapock
Terrace Subdivision in Section 9, Township 29 South and Range 16 East); and Pass Ordinance
7585-06, 7586-06 & 7587-06 on first reading.
Summary:
This annexation involves a 0.26-acre property consisting of one parcel, located on the north side
of Grand View Avenue, approximately 190 feet west of Moss Avenue. The property is contiguous
with the existing City boundaries to the south and west; 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 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the city boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2005-10035) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on January 17, 2006 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 01/17/2006
02/16/2006
03/02/2006
~
Financial Information:
Review Approval
Michael Delk
Garrv Brumback
Pam Akin
Bill Horne
Cyndie Goudeau
City Council
Agenda Cover Memorandum ~,_~
01-30-2006 15:58:09
02-02-2006 11 :37:07
02-01-2006 14:08:20
02-02-2006 16:38: 16
02-03-2006 10:22:24
ORDINANCE NO. 7585-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GRAND VIEW
AVENUE APPROXIMATELY 188 FEET WEST OF MOSS
AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 GRAND
VIEW AVENUE, 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 10, and the East 10.00 feet of Lot 11, Block G of KAPOK TERRACE
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 36, Pages
14 and 15, of the Public Records of Pinellas County, Florida
(ANX2005-10035)
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
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. 7585-06
ORDINANCE NO. 7586-06
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 GRAND VIEW AVENUE APPROXIMATELY 188 FEET WEST
OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 GRAND
VIEW AVENUE, 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 Cateaorv
Lot 10, and the East 10.00 feet of Lot 11, Block G of Residential Low
KAPOK TERRACE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 36, Pages 14 and 15,
of the Public Records of Pinellas County, Florida
(ANX2005-10035)
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. 7585-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
t-
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7586-06
ORDINANCE NO. 7587-06
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 GRAND VIEW AVENUE APPROXIMATELY 188 FEET WEST
OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3012
GRAND VIEW AVENUE, 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 10, and the East 10.00 feet of Lot 11, Block G of
KAPOK TERRACE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 36, Pages 14 and 15,
of the Public Records of Pinellas County, Florida
(ANX2005-10035)
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. 7585-06.
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. 7587-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
J anuarv 17. 2006
ANX2005-10035
John & Gwvnneth Kellev
3012 Grand View Ave.
F2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.26-acres of property 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:
11,600 square feet or 0.26 acres
(116 feet wide by 100 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
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)
Staff Report - Community Development Board -January 17, 2006 - Case ANX2005-10035 Page 1
SURROUNDING USES:
North: Pond
South: Single-family residence
East: Single-family residence
West: Single-family residence
ANALYSIS
This annexation involves a 0.26-acre property consisting of one parcel, located on the north side
of Grand View Avenue, approximately 190 feet west of Moss Avenue. The property is
contiguous with the existing City boundaries to the south and west; 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 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, the property is currently on
septic, if approved 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 an
easement along the south side of the parcel. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend City sewer service to this property.
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 ill and service will be administered through the
district headquarters 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.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property. The
proposed annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-10035 Page 2
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;
TransportationlUtility; 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 contiguous to existing city boundaries and 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.]
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
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-10035 Page 3
and a minimum lot area of 5,000 square feet are required. The subject site is 116 feet wide and
11,600 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 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 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 and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and west, and represents a logical
extension ofthe existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with this standard and no new enclave will be created.
In summary, the annexation of this property is consistent with Florida law.
Recommended Conclusions of Law
The annexation of this property is consistent with this standard and no new enclave will be
created. In summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Conununity Development Board - January 17,2006 - Case ANX2005-10035 Page 4
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 ofO.26-acres 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:
Cky Ready, Planner IT
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20051ANX2005-10035 3012 Grand View Kelley1ANX2005-
10035 StafLReport.doc
Staff Report - Conununity Development Board - January 17,2006 - Case ANX2005-10035 Page 5
2X2 Map
Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View Avenue Property 0.26
Size (Acres):
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) A tlas Page: 283A
Aerial Photograph
Owner John & Gwynneth Kelley
Case:
ANX2005-10035
Site: 3012 Grand View Avenue
Property
Size (Acres):
0.26
Land Use
Zoning
PIN: 09-29-16-45126-007-0100
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
A tlas Page:
283A
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Future Land Use Map
Owner John & Gwynneth Kelley
Case:
ANX2005-10035
Property
Size (Acres):
Site: 3012 Grand View Avenue
From:
To:
Land Use
0.26
Zoning
PIN: 09-29-16-45126-007-0100
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Owner John & Gwynneth Kelley
Case:
ANX2005-10035
Property
Size (Acres):
Site: 3012 Grand View Avenue
From:
To:
Land Use
RL (County)
RL (City)
0.26
Zoning
PIN: 09-29-16-45126-007-0100
R-3 (County)
LMDR (City)
A tlas Page:
283A
Location Map
Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View Avenue Property 0.26
Size (Acres):
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) A tlas Page: 283A
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Proposed Annexation Map
Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View Avenue Property 0.26
Size (Acres):
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) A tlas Page: 283A
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Zoning Map
Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View Avenue Property 0.26
Size (Acres):
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) A tlas Page: 283A
1. 3012 Grand View
3. Facing west from 3012 Grand View
2. 3012 Grand View
4. Facing east from 3012 Grand View
5. Facing south (across the street) from 3012 Grand View 6. Facing north from 3012 Grand View
ANX2005-10035
John & Gwynneth Kelley
3012 Grand View Avenue
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City Council
Agenda Cover Memorandum
Tracking Number: 1,927
Actual Date: 02/16/2006
Subject / Recommendation:
Continue to March 2, 2006, the Petition for Annexation, Future Land Use Plan Amendment from
the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and
Zoning Atlas Amendment from the County R-4, Single-Family Residential District to the City Low
Medium Density Residential (LMDR) District for 2066 The Mall (Lot 1, Block G, Brooklawn
Subdivision in Section 3, Township 29 South and Range 15 East).
Summary:
This annexation involves a O.ll-acre property consisting of one parcel, located on the northeast
corner of The Mall Street and Arbelia Street. The property is contiguous with the existing City
boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes
with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive solid waste service from the City. It is proposed that the property be assigned Future
Land Use Plan designation of Residential Urban (RU) 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the city boundaries and does not create an 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.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on January 17, 2006 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial publiC hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 01/17/2006
03/02/2006
03/16/2006
Financial Information:
Type: Other
~... .. ...fIm' ...1j8.t tAe.... .fI~
U~
Review Approval
Gina Clavton
Michael Delk
Cvndie Goudeau
City Council
Agen~.!..fover Memorandum
02-15-2006
02-15-2006
02-15-2006
09:28:50
10: 10:59
10:37:51
.~ City Council
~ . .. ..... ..... ate( _ A~enda Cover Memorandum._
C+4- - 1
10. 1
Tracking Number: 1,894
Actual Date: 02/16/2006
Subject I Recommendation:
Adopt Ordinance 7599-06 on second reading, amending Ordinance 6779-01 as amended by
Ordinance 7350-04, and as amended by Ordinance 7400-05 vacating the 60 foot right-of-way of
Third Street (AKA Third Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way line of South Gulfview
Boulevard; subject to special conditions; amending the special conditions.
Summary:
In Ordinance 6779-01, the City Council granted the vacation requested by Seashell Resort, LLC,
of the above right-oF-way, subject to special conditions which have not been met.
In Ordinance 7350-04, the conditions described in Ordinance 6779-01 were amended.
The current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions
that changed the required commencement of construction to March 6, 2006 rather than one
year from the effective date of Ordinance 7350-04, which amendment was made by Ordinance
7400-05.
Ordinance No. 7599-06 changes the required commencement of construction to December 31,
2006, rather than March 6, 2006.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 02/04/2006
Financial Information:
Review Approval
Pam Akin
01-24-2006 08:47:47
Cvndie Goudeau
02-02-2006 14:04:00
~\CA- [
ORDINANCE NO. 7599-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6779-01, AS AMENDED BY
ORDINANCE 7350-04 AND AS AMENDED BY ORDINANCE
7400-05, VACATING THE 60 FOOT RIGHT-OF-WAY OF
THIRD STREET, (AKA THIRD AVENUE), BOUNDED ON THE
EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF
CORONADO DRIVE AND BOUNDED ON THE WEST BY THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: SUBJECT TO SPECIAL CONDITIONS;
AMENDING THE SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in Ordinance No. 6779-01, the City Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto,
subject to special conditions which conditions have not been met; and
WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, requested amendments
to the conditions, which were adopted by Ordinance 7400-05, which conditions have not been
met; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of
Third Street (AKA Third Avenue), bounded by the East by the Westerly Right of Way line of
Coronado Drive and bounded on the West by the Easterly Right of Way line of South Gulfview
Boulevard; subject to special conditions, as amended by Ordinance 7350-04, and as
amended by Ordinance 7400-05, is hereby amended to read as follows:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third
Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way
line of Gulf View Boulevard, closed and released and the City of
Clearwater releases all of its right, title and interest thereto, contingent
upon the following conditions:
1. Developer shall commence construction of the Project as
described in the Second Amended and Restated Development
Agreement between the City of Clearwater and Beachwalk
Resort, LLC by December 31, 2006. Upon satisfaction of this
condition, Developer shall prepare and submit to the City a
certificate of satisfaction of this condition that shall be executed
Ordinance No. 7599-06
by the City and returned to the Developer, who shall record the
certificate in the Public Records of Pinellas County, Florida. The
recording of such certificate shall conclusively confirm that this
condition has been timely satisfied. The date for commencement
of construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. Easements shall be dedicated to provide adequate access to all
relocated utilities.
3. All public and private utilities shall be relocated by Clearwater
Seashell Resort, L.C. at its own expense and to the approval and
acceptance of the utility owners with all out of service utilities
removed prior to completion of said project.
4. A 10-foot public access easement shall be dedicated to provide
pedestrian access from Coronado Drive to the new alignment of
Gulf View Boulevard.
5. This vacation ordinance shall be rendered null and void if any of
the preceding conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7599-06
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City Council
Agenda~ Memorandum
C~-d
10. d.
Tracking Number: 1,895
Actual Date: 02/16/2006
Subject I Recommendation:
Adopt Ordinance 7600-06 on second reading, amending Ordinance 6780-01 as amended by
Ordinance 7351-04, and as amended by Ordinance 7401-05, which vacated the east 35 feet of
the 70 foot right-of-way of Gulfview Blvd., bounded on the north by the westerly extension of a
line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of
L1oyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12 of the Public Records of
Pinellas County, Florida, and bounded on the south by the westerly extension of the south lot
line of Lot 59, of said L1oyd-White-Skinner subdivision, subject to special conditions; amending
the special conditions.
Summary:
In Ordinance 6780-01, the City Council granted the vacation requested by Seashell Resort LLC
of the above-described right of way, subject to special conditions which have not been met.
In Ordinance 7351-04, the conditions described in Ordinance 6780-01 were amended. The
current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions that will
change the required commencement of construction to March 6, 2006 rather than one year from
the effective date of Ordinance 7351-04, which amendments were made in Ordinance
7401-05.
The current ordinance will change the required commencement of construction from March 6,
2006 to December 31, 2006.
Originating: City Attorney
;;;ection Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 02/04/2006
Financial Information:
Review Approval
Pam Akin
01-24-2006 08:48:27
Cvndie Goudeau
02-02-2006 14:05:24
<ll_oI(_~oII"'.A(.Jl~_
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ORDINANCE NO. 7600-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6780-01, AS
AMENDED BY ORDINANCE 7351-04, AND AS AMENDED
BY ORDINANCE 7401-05, WHICH VACATED THE EAST 35
FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BOUNDED ON THE NORTH BY THE
WESTERLY EXTENSION OF A LINE PARALLEL TO AND
20 FEET NORTH OF THE NORTHERLY LOT LINE OF
LOTS 57 AND 104 OF LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE
12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND BOUNDED ON THE SOUTH BY THE
WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION,
(AKA THE SOUTH LOT LINE OF THE BEACH PLACE
MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA),
SUBJECT TO SPECIAL CONDITIONS; AMENDING THE
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in Ordinance No. 6780-01, the Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached
hereto, subject to special conditions which have not been met; and
WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, requested
amendments to the special conditions, which were adopted by Ordinance 7401-05, which
conditions have not been met; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet
of the 70 foot right-of-way of Gulf View Boulevard, bounded by the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104
of L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public
Records of Pinellas County, Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
Ordinance No. 7600-06
line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records
of Pinellas County, Florida), subject to special conditions, as amended by Ordinance
7351-04, and as amended by Ordinance 7401-05, is hereby amended to read as follows:
Section 1. The following: East 35 feet of the 70 foot right-of-way of
Gulf View Boulevard, bounded on the north by the westerly extension
of a line parallel to and 20 feet north of the northerly lot line of Lots 57
and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida and
bounded on the south by the westerly extension of the south lot line
of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the
Public Records of Pinellas County, Florida), closed and released and
the City of Clearwater releases all of its right, title and interest thereto,
contingent upon the following conditions:
1. Developer shall commence construction of the Project as
described in the Second Amended and Restated
Development Agreement between the City of Clearwater and
Beachwalk Resort, LLC by December 31, 2006. Upon
satisfaction of this condition, Developer shall prepare and
submit to the City a certificate of satisfaction of this condition
that shall be executed by the City and returned to the
Developer, who shall record the certificate in the Public
Records of Pinellas County, Florida. The recording of such
certificate shall conclusively confirm that this condition has
been timely satisfied. For purposes of this ordinance,
commencement of construction shall mean Developer
obtaining a foundation permit from the City of Clearwater
and commencement of construction of the foundation in
accordance with said permit. The date for commencement of
construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. The public vehicular and pedestrian use of the subject right-
of-way shall be maintained until such time as a suitable paved
roadway is constructed to the west of the subject right-of-way
to accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to
all relocated utilities.
4. All public and private utilities shall be relocated by Beachwalk
Resort, LLC to the approval and acceptance of the utility
owners with all out of service utilities removed prior to
completion of said project.
Ordinance No. 7600-06
5. A 10-foot public access easement shall be dedicated to
provide pedestrian access from Coronado Drive to the new
alignment of Gulf View Boulevard, and
6. This vacation ordinance shall be rendered null and void if any
of the preceding conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7600-06
. .
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CITY OF CLEARWATER. FLORIDA
PUIUC WORKS ADMlNISTRA nON
ENGINEERING
YACAlION REQUEST w::...
-HAVEY 1N1IRNA'IKlNM. INC. _
lHAYA8Al.ASINGMI I W .
-
DJJ'IIIIlIOI 221. 30'1 S. GUtnlEW BLW. __,.
300 CORONADO. DRIVE 1110-OI
THIRD
FE
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o
en
THE
BEACH PLACE
MOTEL CONDO
65-13
City Council
Agenda Cover MemorandulTI
C~ -3
10.3
Trackino Number: 1,900
Actual Date: 02/16/2006
Subiect I Recommendation:
Adopt Ordinance 7584-06 on second reading, changing the date for the special election for the
Employees Pension Plan to November 7, 2006.
Originatino: City Attorney
Section Second Readings - publiC hearing
Cateqorv: Second Reading
Public Hearino: Yes
Advertised Dates: 02/04/2006
Financial Information:
Review ADProval
Pam Akin
01-26-2006 10:57:58
Cvndie Goudeau
02-02-2006 14:26:37
RE\~-3
ORDINANCE NO. 7584-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA CHANGING THE DATE OF THE CITY OF
CLEARWATER EMPLOYEES PENSION PLAN SPECIAL
ELECTION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has established the City of Clearwater
Employees Pension Plan; and
WHEREAS, the City has authority to amend the plan as permitted by law;
and
WHEREAS, the City has determined that it is in the best interest of the
participants and taxpayers to change the date of the special election called for by
Ordinance 7466-05; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1: A special election for the purpose of voting on changes to
the investment provisions in the Employees Pension Plan is scheduled for March
14, 2006. The City has determined that it is in the best interest to move the
special election to November 14, 2006.
Section 2: If any clause, section or other part or application of this
Ordinance shall be held in any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and shall not effect the validity of the remaining
portions or applications which shall remain in full force and effect.
Section 3: All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are herby repealed to the extent of such conflicts.
Section 4: This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7584-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
2
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7584-06
City Council
Agendi!..Cover Memorandum,
FN - l
II . 1
~~
..;;;;r-.,;,.--~
~
Tracking Number: 1,865
Actual Date: 02/16/2006
Subject I Recommendation:
Approve a contract with RBC Dain Rauscher, for City of Clearwater Financial Advisor, for a period
of two (2) years and authorize the appropriate officials to execute same.
Summary:
As a result of an RFP that was conducted in 2003, RBC Dain Rauscher was selected as the City's
Financial Advisor.
The RFP was for a five-year period, however the City only entered into a three-year contract with
RBC Dain Rauscher to provide Financial Advisor services.
Staff is pleased with the performance provided by RBC Dain Rauscher and would like to finish
out the final two-years with them as the City of Clearwater Financial Advisor.
The fees are the same as the current contract and are paid from the bond proceeds.
The services provided by the Financial Advisor include assisting the City in investigating and
obtaining capital financing.
Originating: Finance
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing :No
Financial Information:
I~ Other
Bid Required? Yes
Bid Numbers: 16-03
In Current Year Budget?
No
Budget Adjustment:
No
Review Aoproval
Marcie Simmons
01-11-2006
11 :06:22
Cvndie Goudeau
02-03-2006
10:20:51
~~"
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Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
City Council
Agenda Cover Memorandum
01-11-2006 14: 17:25
02-02-2006 11:02:43
01-13-2006 14:17:25
02-02-2006 16:40:42
~'. F(\f- 1
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Financial Advisor Service Agreement
THIS AGREEMENT made this _ day of , 2006 by and between the City of
Clearwater, P.O. Box 4748, Clearwater, Florida 33758, hereinafter referred to as the
"City", party ofthe first part, and RBC Dain Rauscher, 100 Second Avenue South, Suite
800, S1. Petersburg, Florida 33701, herein after referred to as the "Financial Advisor",
party of the second part;
WITNESSETH:
WHEREAS, the City has determined that there is a periodic need to review capital
projects within the City; and
WHEREAS, the City has determined that external funding may be required for these
projects; and
WHEREAS, the City has determined that the most feasible method of securing the
required funds is through obtaining funds from various financial markets; and
WHEREAS, a qualified financial advisor is required to assist in the preparation of plans,
studies, analysis and recommendations to market the financial plans; and
WHEREAS, the City issued Request for Proposal 16-03 to perform the required services
described herein for a five-year period.
WHEREAS, RBC Dain Rauscher's three-year contract will expire on June 12,2006.
NOW, THEREFORE, the City and Financial Advisor agree to the terms and conditions
stated as follows:
SERVICES TO BE PERFORMED BY THE FINANCIAL ADVISOR: The
Financial Advisor hereby agrees to perform the services described in RFP 16-03
Financial Advisor Services in connection with authorization, sale and delivery of
financial arrangements on behalf of City's capital needs subject to the conditions and in
consideration of payments as hereinafter set forth. The required services include, but are
not limited to, the following:
1. Review exiting debt structure and financial resources to determine available
borrowing capacity and refinancing options.
2. Recommend appropriate financial structure for proposed projects.
3. Assist the City with the preparation of cash flow forecasts for proposed issues,
addressing debt service requirements and funding sources.
4. Provide advice on terms and features of bonds, timing and marketing of bond issues,
market conditions as they relate to future sales, and prices of outstanding bonds.
5. Advise on benefits of negotiated versus competitive bid sales for each issue and assist
in dealings with designated underwriter and legal counsel.
6. Assist the City in preparation of an official statement in conjunction with bond
counsel and the City.
7. Arrange for the widest possible distribution of the official statement to bond
underwriters and potential investors.
8. Consult, as needed, with the City staff regarding various financing options or
concerns.
9. Assist the City in obtaining the highest possible credit ranking.
10. Assist with bid opening or negotiated sale with underwriter, as applicable, to advise
on recommendation on acceptability of preferred offer.
11. Assist with bond closings and coordinate printing, signing, and delivery of bonds.
12. Assist in selecting paying agents and other financial intermediaries as necessary.
13. Advise the City on proposed and actual changes in tax laws and financial market
developments that could affect City bond financing plans.
14. Attend City Commission meetings and other scheduled City meetings as requested,
with reasonable advance notice.
15. Provide expert testimony at validation hearings.
FEES PAID TO FINANCAL ADVISOR FOR SERVICES: The Financial Advisor's
fee shall be as follows:
1. Work directly related to bond issues: The Financial Advisor shall be paid at closing in
accordance with the following schedule:
Par Amount of Bonds Issued
Fee Per $1,000
$0 - $20,000,000
next $20,000,000
next $20,000,000
$60,000,001 - above
$1.00
$0.90
$0.75
$0.50
A minimum transaction fee of $15,000 shall be charged in connection with any
financing. A $5,000 surcharge shall apply for any competitive sales and refunding
bond issued.
2. Work not directly related to a bond issue: The Financial Advisor shall be
compensated for all non-bond issue related work as follows:
Mana . ". ~~ect ::r<E);~~lij
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. "... . ,.,~, ", . '''I'' ",' Arllfl'l
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Expenses shall not exceed $2,000 per project without the prior approval of the City.
COSTS PAID BY THE CITY: The City agrees to pay all costs of the bond issue,
including but not limited to: fees for attorneys of the City, fee of Bond Counsel, rating
agency fees, insurance costs, printing costs of the City, printing cost of the Bonds and the
Official Statement, advertising costs, traveling expenses of Officials of the City, and out-
of state traveling expenses of the Financial Advisor.
GENERAL CONDITIONS:
A. Financial Advisor agrees not to participate, either directly or indirectly, as an
undetwriter in the sale of any Bond issued by the City. It is agreed that the Financial
Advisor may, however, purchase or sell any of such Bonds in the secondary market
after the expiration of the underwriting period.
B. Should financing not be obtained, the City shall not be financially obligated to the
Financial Advisor except as to reimbursement of such expenses as may be
hereinafter approved by the City prior to their being incurred.
C. Should, in the course of performing services described in this Agreement, the City
determines that additional work products are desired of the Financial Advisor, and
should the Financial Advisor accept such assignments, then this Agreement may be
amended in writing as mutually acceptable to the parties to provide for
accomplishment of such additional work products and the basis of payment
therefore.
D. This Agreement shall be in full force and effect for a period of two years from June
13,2006, however, that the City shall have the option, at any time during this period
and with its sole discretion to terminate this Agreement, said termination to be
effective upon receipt by the Financial Advisor of written notice at least ninety (90)
days prior to any such termination.
E. In the event that Kevin Conitz, Managing Director, should either leave Financial
Advisor or be permanently unavailable to assist the City when requested, the City
may request a renegotiation of terms of this Agreement or may, at its sole option,
terminate this agreement by giving written notice at least ten (10) days prior to such
termination. Upon termination, the City shall have no further obligation to the
Financial Advisor for any services.
F. This agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions or obligations other than those contained herein; and this
Agreement shall supersede all previous communications, representations of
agreements, either verbal or written, between the parties hereto.
G. Financial Advisor agrees to protect, defend, indemnify and hold the City and its
officers & employees hannless from and against any and all losses, penalties,
damages, settlements, costs, charges, professional fees or other expenses arising out
of or due to any grossly negligent act or omission of the Financial Advisor, or its
employees or agents. Financial Advisor shall procure and maintain professional
liability insurance in an amount necessary to protect the City for all services
performed during the life of this agreement.
H. Financial Advisor agrees to transfer or assign to the City upon request, documents,
financial analysis, correspondence and memos produced by the Financial Advisor
for the benefit ofthe City.
I. In the event either party seeks to enforce this agreement, then both parties agree that
the prevailing party shall be entitled to attorney fees and costs and that such
enforcement shall be in a court of competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first above written:
Countersigned:
FLORIDA
CITY OF CLEARWATER,
By:
Frank V. Hibbard
Mayor
William B. Home, II
City Manager
Approved as to form:
Attest:
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Witnesses:
RBC Dain Rauscher
By:
Attest:
+f\I- :;)
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City Council
Agenda C!Jver Memorandul!I
/I,d
Tracking Number: 1,888
Actual Date: 02/16/2006
Subject / Recommendation:
Declare five 2005 Harley Davidson Road King Police motorcycles surplus to the needs of the City
and authorize trade-in for the purchase of five 2006 Harley Davidson Road King Police
motorcycles at a cost of $8,250 from Jim's Harley Davidson, St. Petersburg. I
Summary:
Replacements for G3220, G3221, G3222, G3223 and G3224. All trade-in vehicles are 2005
models.
G Number Serial Number Mileage
G3220 lHD1FHW145Y676668 4704
G3221 lHD1FHW125Y677155 3679
G3222 lHD1FHW125Y677740 2525
G3223 lHD1FHW145Y679120 5806
G3224 lHD1FHW155Y685881 6330
Current motorcycles will be replaced at a minimal cost that will be more than offset with savings
from reduced maintenance. Cost per vehicle is $1650.
Originating: Finance
Section Consent Agenda
Category: Basic Purchasing item
Public Hearing: No
Financial Information:
I~ Purchase
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Lowest quote received
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$8,250.00
"""~_,_"",,,,,,,,,,,",,,,_"__~'O"I~_":/IIO
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City Council
Agenda_,~9ver Memorand~!.!I
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$8,250.00
Appropriation Code(s)
0181-99329- 564000-521-000
Amount
$8,250.00
Comments
None
Review Approval
Georae McKibben
Garry Brumback
01-23-2006 14: 18:20
02-06-2006 08:31 :43
02-03-2006 17:59:46
01-23-2006 14:57:45
02-03-2006 10:33:48
01-24-2006 08: 18:33
02-03-2006 11: 12:14
Cvndie Goudeau
Bill Horne
Maraie Simmons
Rick Carnlev
Tina Wilson
~I
u~......_,_,_~
City Council
Agenda ~~ver Memorandum
FD -I
rL 3
Tracking Number: 1,891
Actual Date: 02/16/2006
Subject / Recommendation:
Approve Agreement with Pierce Manufacturing Inc. of Appleton, WI. For the even trade of Sky
Arm Aerial Trucks for 2006 Pierce 100 foot Aerial Platform Trucks with no additional amount to
be paid by the City of Clearwater and authorize the appropriate officials to execute same.
Summary:
. The Clearwater City Council approved the purchase of a new 100 foot Aerial Truck from Pierce
Manufacturing Inc. for the amount of $884,380 at the City Council Meeting of Thursday,
December 1, 2005.
. The Council also approved the even trade of (2) Sky Arm Aerial Trucks for (2) new Pierce 100
foot Aerial Trucks with no additional amount to be paid by the City of Clearwater.
. Representatives from Pierce Manufacturing and the City of Clearwater Legal Department have
reached agreement and produced the proposed document.
. Pierce Manufacturing Inc. will deliver the (2) new aerial trucks approximately 270 days after
the contract has been executed.
Originatino: Fire and Rescue Department
Section Consent Agenda
~ategory: Agreements/Contracts - with cost
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
not applicable
Budget Adjustment:
Yes
Budget Adjustment Comments:
No budget adjustments nor costs to the city.
Current Year Cost:
$0.00
j~
~
City Council
Agenda ~over Memorandu~_
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$0.00
Review Approval
Jamie Geer
Bill Horne
01-31-2006 09:26:46
01-31-2006 11:37:07
01-31-2006 09:54:42
02-02-2006 11 :38:05
02-03-2006 10:21:46
02-02-2006 16:39:44
Brvan Ruff
Tina Wilson
Garrv Brumback
Cyndie Goudeau
f'g " F]) - 1
1l,3
AGREEMENT
THIS AGREEMENT made this day of 2006, by and
between the City of Clearwater (Clearwater) and Pierce Manufacturing Inc.
("Pierce").
WHEREAS, Clearwater is the owner of a two Pierce Sky Arm aerial apparatus,
job #11651 and #13953 (the "Sky Arm Trucks");
WHEREAS, Clearwater wishes to trade, and Pierce is willing to participate in the
trade of, both trucks for a two new 2006 Pierce 100' aerial platforms. Pierce will
submit a proposal to Clearwater that details the design and features of the new
100' aerial platforms.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Even Trade. The parties agree that the trade of the Sky Arm Trucks for a new
2006 Pierce 100' aerial platforms shall be an even trade with no additional
amount to be paid by Clearwater. The new 100' Pierce aerial platforms will be
built per the proposals submitted by Pierce. Clearwater may make changes to
the proposal or request additional items on the new trucks. Any additional items
or changes will be subject to additional charges.
Transfer of Title. Clearwater shall deliver to Pierce good and marketable title for
each Sky Arm Truck, free of any liens or other encumbrances. Transfer of the
titles shall take place within thirty days after the new trucks are delivered to
Clearwater.
Condition of Vehicle. Purchase of the Sky Arm Trucks by Pierce shall be
contingent upon the Trucks being in a condition satisfactory to Pierce on the date
of the transfer to Pierce. Trucks must pass all certification tests, all major
components shall be in good working condition, and there shall be no cab, body,
or aerial damage. City may remove Fire Department radios, and fire fighting
equipment only. All other bolted on components shall remain, including, but not
limited to sirens, warning lights, shelves, trays, NFPA ladder compliment, pike
pole compliment, electrical generator, reels, seats, SCBA brackets, etc...
Taxes. Clearwater hereby represents and warrants that it is exempt from any
federal, state or local taxes applicable to the transaction covered by this
Agreement.
No Liens. Clearwater hereby represents and warrants that, to the best of its
knowledge, no lien or other encumbrance has been placed on the Sky Arm
Trucks during the time they have been in the possession of Clearwater
Release of Claims. Clearwater hereby releases Pierce from any outstanding
warranty claims, cost or expense related to warranty or non-warranty repair work,
whether known or unknown, relating to the ownership, use or operation of the
two Sky Arm Trucks (Pierce job #11651 and job #13953) that Pierce is taking
back in trade. This release will be effective the date that Pierce takes possession
of the trucks.
Entire Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes any previous agreements, whether oral or written,
relating to the subject matter of this Agreement. This Agreement may not be
modified unless such modification is in writing and signed by both parties.
IN WITNESS WHEREOF, the Clearwater and Pierce have executed this
Agreement on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
.J
Cynthia E. Goudeau
City Clerk
PIERCE MANUFACTURING INC.
By:
/-1).. -0(,
City Council
_.~.".".~enda ,Cover Memorandu!fI
C6S - \
/1.'-1
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Tracking Number: 1,889
Actual Date: 02/16/2006
Subject / Recommendation:
Approve the Award of Bid 07-06 Gas Material Polyethylene Pipe and Fittings Lines 1-10 and Line
144 and issue a Purchase Order in the amount of $480,000 for the period March 1, 2006 to
February 28, 2007 to Chris Georges Sales Utility Products and authorize the appropriate officials
to execute same.
Summary:
Chris Georges Sales Utility Products P.O. Box 22310 Knoxville, TN 37933 was the low bidder on
Bid 07-06 for lines 1-10 (Pipe 2406 and 3408) and Line 144 (Valve Boxes) with an actual bid of
$442,677.
Funding is available in Pinellas New Mains and Service Line 315-96377 ($200,000) and Pasco
New Mains and Service Lines 315-96378 ($280,000),
This material is code approved and will be utilized to replace or install new gas mains and
service lines in the Clearwater Gas Distribution System to include expansion into central Pasco
County.
Originating: Gas System
~ Consent Agenda
Category: Purchasing item with contract document
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Purchase
Bid Required? Yes
Bid Numbers: 07-06
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$480,000.00
.r Fiscal Year:
03/01/2006 to 02/28/2007
~~
~..~..... ~._.,'
Total Cost:
$480,000.00
Not to Exceed:
$480,000.00
Appropriation Code(s)
315-96377
315-96378
Review Approval
Chuck Warrinoton
Tina Wilson
Cyndie Goudeau
Georoe McKibben
.aura Lioowski
Rod Irwin
John Scott - Gas
Laura Lipowski
Bill Horne
.
City Council
AQ.!!!,da CO~~.!: Memorandu~_
Amount Comments
$200,000.00 Pinellas County
$280,000.00 Pasco County
01-23-2006 17:30:42
01-30-2006 13:59:35
02-06-2006 11:54:26
01-30-2006 10:56:45
01-30-2006 15:49:21
02-06-2006 10:07: 14
01-30-2006 10:21:24
01-30-2006 16: 13:00
02-06-2006 11:47:13
(YlR-
~~ _~~:~d~:~~e~i~emorandUm
Ii ,5
Tracking Number: 1,825
Actual Date: 02/16/2006
Subject / Recommendation:
Approve Contract 05101 - Florida Boating Improvement Program (FBIP) Grant Agreement with
the Florida Fish and Wildlife Conservation Commission (FWC)and authorize the appropriate
officials to execute same.
Summary:
. The Florida Fish and Wildlife Conservation Commission (FWC) offers a program for funding the
cost of engineering services related to boating access facilities.
. The Marine & Aviation Department applied for and received notice of being awarded grant
funds to hire an engineering firm to do a feasibility study for a High & Dry Marina Multi-Site
Feasibility Study.
. Engineering firm of record Wade-Trim, estimated the cost to prepare the study to be $54,000.
Under the terms of the agreement, the FWC will pay the City on a cost reimbursement basis an
amount not to exceed $40,400. The City will be responsible for $13,600.
. A first quarter budget amendment will establish project 315-93404, High $ Dry Marina
Feasibility Study in the amount of $54,000, and establish the grant funding of $40,400. The
City's share of $13,600 will be provided with the transfer of Marine & Aviation revenue from
315-93496, Marine Facility Dredging & Maintenance.
. Wade-Trim will do the feasibility study.
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Want to use Engineer of Record Wade-Trim
In Current Year Budget?
Yes
..
o
City Council
Agenda Cover Memorandum
,..
.
u
Budget Adjustment:
Yes
Budget Adiustment Comments:
Transfer $13,600.00 from CIP 93496 into a new CIP.
Current Year Cost:
$13,600.00
For Fiscal Year:
02/02/2006 to 12/31/2006
Total Cost:
$13,600.00
Not to Exceed:
$13,600.00
Review Approval
Bill Morris
Bryan Ruff
01-20-2006 11 :52: 11
02-02-2006 15:02:29
02-06-2006 10: 17:20
01-20-2006 11:48:26
02-06-2006 11:14:11
01-25-2006 11:57:38
02-06-2006 09:09:03
Rod Irwin
Rod Irwin
Tina Wilson
Cvndie Goudeau
Bill Horne
~~ " {r\fZ - I
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
115
I t (
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterprise
DAVID K. MEEHAN
St. Petersburg
KATHY BARCO
Jacksonville
RICHARD A. CORBETT
Tampa
BRIAN S. YABLONSKI
Tallahassee
KENNETH D. HADDAD, Executive Director
VICTOR J. HELLER, Assistant Executive Director
DIVISION OF LAW ENFORCEMENT
COLONEL JULIE JONES, Director
LT. COLONEL DON HOLWAY, Deputy Director
LT. COLONEL JIM McCALLISTER, Deputy Director
LT. COLONEL MIKE WIWI, Deputy Director
(850)488-6251 TDD (850)488-9542
January 3, 2006
Mr. William Morris
City of Clearwater
25 Causeway Boulevard
Clearwater, FL 33767
RE: Contract No. 05101 - Florida Boating Improvement Program (FBIP) Grant Agreement
High and Dry Marina Multi-Site Feasibility Study
Dear Mr. Morris:
Enclosed are three (3) originals of the Grant Agreement for the FY 05/06 FBIP grant award to
the City of Clearwater for the High and Dry Marina Multi-Site Feasibility Study. Please have
the Grant Agreement reviewed, signed by the authorized designee and return all three originals
to me. According to Section VII of the FBIP Policies and Guidelines, the City has 90 days from
the date of this letter to have the Agreement executed. Failure to execute the Agreement within
the 90-day period may render the grant null and void. Upon full execution, an original will be
returned to your office.
If you have questions or need further information, please do not hesitate to give me a call at
(850) 410-0656 Ext. 17127 or e-mail me at Susanna.Stephens@MyFWC.com or Tim Woody,
Ext. 17173, e-mail Tim.Woodv@MyFWC.
Sincerely,
~
Susanna Stephens
Boating and Waterways
/ss
Enclosures
620 South Meridian Street -Tallahassee _ FL _ 32399-1600
Visit MyFWC.com
FWC Contract No.
05101
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida
32399-1600, hereafter "COMMISSION," and the CITY OF CLEARWATER whose address is 112 S.
Osceola Avenue, Clearwater, Florida 33756, hereafter "GRANTEE" to conduct a project entitled High and
Dry Marina Multi-Site Feasibility Study, hereafter "Project," using funds from the Florida Boating
Improvement Program, hereafter "Program."
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth,
agree as follows:
SCOPE OF SERVICES
1. The GRANTEE shall complete and implement the project proposal as described in Attachment A,
Florida Boating Improvement Program (FBIP) Grant Application No. 05-001, attached hereto and
made a part hereof. All project activities must be completed during the time span provided herein for
that portion of the Agreement.
2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in
termination of the Agreement by the COMMISSION.
3. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including any construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
5. Any reports or other documents produced by the GRANTEE as part of the project, High and Dry
Marina Multi-Site Feasibility Study, shall acknowledge the Florida Fish & Wildlife Conservation
Commission, Florida Boating Improvement Program as a source of funding. In addition, the
GRANTEE shall include such acknowledgement in any publicity related to the Agreement.
6. Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional
for the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that
certifies the Project was completed in accordance with the project proposal, Attachment A, and this
Agreement.
7. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of
the Project, identifying any problems that may have arisen, and actions taken to correct such
problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion
is submitted.
8. Any study or brochure produced by the GRANTEE shall be provided to the COMMISSION for
approval prior to final printing and submission for payment. Further, at least 21 days prior to printing
the COMMISSION shall review and approve all proposed publications that will be funded by this
Agreement to ensure that environmental and boating safety issues are effectively addressed. At its
discretion, the COMMISSION may elect to have its representative inspect printed material prior to its
release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the
completion of printing of any materials so that the COMMISSION may exercise this option.
Page 1 of 8
9. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable
to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract
and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
10. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program
Administrator for review prior to soliciting for quotations or commencing any work. The
COMMISSION's Program Administrator shall have 30 working days for review. This review shall
ensure that minimum guidelines for the Project's scope of work are adhered to.
11. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in
providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
12. It is understood and agreed that this Agreement represents the first part of a long-term project by the
GRANTEE and the COMMISSION to provide for improved boating infrastructure and enhanced public
access to boating in the State of Florida. Accordingly, additional funding for the Project may be
provided on the part of the COMMISSION by amendment to this Agreement or by a separate grant
award. Therefore, the GRANTEE agrees that land owned by the GRANTEE that will be developed in
whole or in part with Program funds (including the engineering master plan and cost estimates for all
three sites, securing the building permits, and going out to bid for the construction of the high and dry
and related support facilities at the site chosen) shall be dedicated for a minimum of twenty (20) years
as a site for the use and benefit of the public. The dedication shall be recorded in public property
records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease,
management agreement, cooperative agreement, interlocal agreement or other similar instrument)
and developed with Program funds shall be managed by the GRANTEE for a minimum period of
twenty (20) years from the completion date set forth in the Project Certification of Completion. Title to
all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION.
13. Should the GRANTEE, within the 20-year period set forth above, convert all or any part of the Project
to other than COMMISSION approved uses, the GRANTEE shall replace the area, facilities, resource
or site at its own expense with a project acceptable to the COMMISSION of comparable scope and
quality. In the event the Project is converted to use for other purposes during this period and not
replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the
COMMISSION all funds tendered for the original Project.
GRANTEE ELIGIBILITY
14. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required
by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon
request.
15. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good-faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
TERM OF AGREEMENT
16. This Agreement shall begin upon execution by both parties and end December 31, 2026, inclusive.
However, the GRANTEE shall complete the Project as described in Attachment A on or before
December 31, 2006. The GRANTEE shall not be eligible for reimbursement for services rendered
prior to the execution date of this Agreement nor after the termination date of the Agreement.
Page 2 of 8
17. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval.
Failure to execute this Agreement shall render the award of funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
18. For satisfactory completion of the project as described in Attachment A, Project Proposal, the
COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed
$40,400.00.
19. As indicated in FBIP Grant Application #05-001, the GRANTEE has agreed to provide 25% of the
estimated total project cost. If the actual cost of the project is less than the estimated total project
cost, compensation by the COMMISSION shall be 75% of the actual total project cost.
PAYMENTS
20. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final
invoice, accompanied by required reports or deliverables, and after acceptance of services and
deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within
30 days after completion of the Project. The invoice shall include the FWC Contract Number and
the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to
Attachment F, sample invoice form. An original and two (2) copies of the invoice shall be submitted.
The COMMISSION shall not provide advance payment. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
21. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion
of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for
documented and verified costs. The COMMISSION will not pre-approve or disburse any Program
funds in advance. Failure to complete the Project and make final payment request to the
COMMISSION within the stipulated period shall result in termination of this Agreement. Any
funds not disbursed or expended by the end of the stipulated period are subject to the
provisions of Chapter 216.301, Florida Statutes.
22. No travel expenses are authorized under the terms of this Agreement.
23. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and
made a part hereof as Attachment B.
24. The COMMISSION shall have 30 working days to inspect and approve goods and services.
25. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE
prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict
any or all payment of Program funds pending correction of such deficiencies.
26. For contracts whose term extends beyond the State fiscal year in which encumbered funds were
appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual
appropriation by the Legislature.
27. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize
Federal funds for payments under this Agreement. In the event Federal funds become available for
such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be
amended to include applicable Federal Requirements.
Page 3 of 8
28. Invoices, including backup documentation, shall be submitted to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, FL 32399-1600
TERMINATION
29. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the
GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement.
30. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all
property belonging to the COMMISSION. For the purposes of this section, property belonging to the
COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the
COMMISSION.
TAXES
31. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on the services or goods purchased under the terms of this Agreement.
NOTICE
32. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at
the following addresses:
GRANTEE
COMMISSION
City of Clearwater
Marine and Aviation Dept.
25 Causeway Blvd
Clearwater, FL 33767
Phone: (727) 462-6954
Fax: (727) 462-6957
Attn: William Morris, Project Manager
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 487-3755
Fax: (850) 488-9284
Attn: Susanna Stephens, Program Administrator
AMENDMENT OR MODIFICATION
33. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and lawfully executed by the parties.
34. The COMMISSION may at any time, by written order designated to be a Modification, make any
change in the work within the general scope of this Agreement (e.g., specifications, schedules,
method or manner of performance, requirements, etc.). However, all Modifications are subject to
the mutual agreement of both parties as evidenced in writing. Any Modification that causes an
increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal
amendment.
RELATIONSHIP OF THE PARTIES
35. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
Page 4 of 8
36. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
37. The parties agree that there is no conflict of interest or any other prohibited relationship between the
GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
38. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation
claims, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this project. If any work is
subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the
GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory
to the COMMISSION, for the protection of his employees not otherwise protected.
39. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements. Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and
must maintain workers' compensation insurance.
40. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES
41. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
RECORD KEEPING REQUIREMENTS
42. The GRANTEE shall maintain accurate books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement, in accordance with generally accepted accounting principals. The
GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to
periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled
checks and any and all similar material. Such audit may include examination and review of the
source and application of all funds whether from the state, local or federal government, private
sources or otherwise. These records shall be maintained for five (5) years following the close of this
Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor
to similarly maintain and allow access to such records for audit purposes.
LIABILITY
43. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
Page 5 of 8
NON-DISCRIMINATION
44. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
PROHIBITION OF DISCRIMINATORY VENDORS
45. In accordance with Section 287.134, Florida Statutes, 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.
NON-ASSIGNMENT
46. This Agreement is an exclusive contract for services and may not be assigned in whole or in part
without the written approval of the COMMISSION.
PERFORMANCE AND REMEDIES
47. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
48. It is understood by the parties that remedies for damages or any other remedies provided for herein
shall be construed to be cumulative and not exclusive of any other remedy otherwise available under
law.
SEVERABILITY AND CHOICE OF VENUE
49. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in
Leon County, Florida.
NO THIRD PARTY RIGHTS
50. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges
or interest to any third party.
JURY TRIAL WAIVER
51. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding
brought by any party against any other party pertaining to any matter whatsoever arising out of or in
any way connected with this Agreement.
PROPERTY/EQUIPMENT
52. The GRANTEE is not authorized to use funds provided herein for the purchase of any
non-expendable equipment or personal property valued at $1,000 or more for performance under this
Agreement.
Page 6 of 8
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
53. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non-
State organizations that are recipients of State financial assistance to comply with the audit
requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled
Requirements of the Federal and 'Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
54. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency.
RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS
55. All items, materials or products, of any description, produced or developed by the GRANTEE on
behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the
COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as
provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any
proprietary interest in the products and materials developed under this Agreement.
56. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions
and/or processes that may result from any experimental or developmental research performed under
this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government
may reserve ultimate jurisdiction over title and right privileges.
57. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty-free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
58. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein.
(Remainder of page intentionally left blank.)
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
CITY OF CLEARWATER
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Brian J. Aungst, Mayor
Kenneth D. Haddad, Executive Director
Date
Date
Name (Print)
Grantee Name
Address
City, State, and Zip Code
59-6000289
Federal Employer Identification Number (FEID)
Approved to form and legality:
County/Municipality Attorney
List of attachments/exhibits included as part of this Agreement:
Attachment A:
Attachment B:
Attachment C:
Exhibit 1:
Attachment D:
Attachment E:
Attachment F:
FBIP Application # 05-001 and Project Proposal
Comptroller Cost Reimbursement Requirements
Federal/Florida Single Audit Act Requirements
Funds awarded pursuant to agreement
Certification of Completion form
Monthly progress report form
Sample invoice form
'If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign
the Agreement on behalf of the local governing body must accompany the Agreement.
Page 8 of 8
ATTACHMENT A
FBIP APPLICATION AND PROJECT PROPOSAL
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT APPLICATION
Fl!' II
h
I L
II h
bl k
1 ma sectIOns t at app,y - eave a ot er sectIOns an
I - APPLICANT INFORMATION
a. County/Municipality Name: e. Project Manager Name:
Pine lias/City of Clearwater William Morris
b. Federal Employer Id. No.: Project Manager Title:
59-6000289 Marine & Aviation Diretor
c. Applicant Name: f. Mailing Address:
William B. Home, II 25 Causeway Boulevard
Applicant Title: City: Zip Code:
City Manager Clearwater 33767
d. Applicant Address: g. Telephone No.: Fax No.: Suncom No.:
112 So. Osceola Ave. 727 462-6954 727 462-6957
City: Zip Code: E-mail:
Clearwater 33756 wilIiam.morris@myclearwater.com
III - PROJECT SUMMARY I
a. Project Title: High & Dry Marina Multi-Site Feasibility Study
b. Type of Application: ~ New (never considered before) o Reconsideration o Phased Continuation -Phase No.: _
TIER-I TIER-II
c. Type of Project: 0 1- Recreational Channel Marking 0 1- Boat Ramps
~ 11- Public Launching Facilities 0 11- Piers and Docks
0 III- Aquatic Plant Control 0 III- Boater Education
0 IV- Other Local Boating Related Activities 0 IV-Economic Development Initiatives
d. Project Cost: Total Cost: $54000.00 Amount Requested: $ 40400.00
e. Project Summary:
This project involves planning, designing, engineering, permitting and development of plans to construct a
High & Dry recreational boat facility, including restrooms, access roads, Marine service, utilities,
landscaping and parking on City owned property once a feasibility study of three separate sites is
considered; a.) Seminole Launch Ramp, b.) Jack Russell Stadium, and c.) Stevenson's Creek Shuffle
Board.
The goal of the project is to replace some of the boat storage lost by developers buying out marinas for
condo development. We hope to provide three hundred (300) storage units and additional boat trailer
parking.
The final product of the first phase would be the engineering master plan and cost estimates for all three
sites. The second phase would be securing the building permits, and going out to bid for the construction
of the high and dry and related support facilities at the site chosen.
FWC/DLE.252 (02/05)
III - PROJECT NEED
a. List Primary Need for Project:
o Safety
o Age-end of Useful Life
o Environmental Needs of the Area
o Other:
r2J High Demand by Users
o Recommended by FWC Staff
r2J Lack of In-house Capability
b. Need Statement:
The City of Clearwater wishes to meet the need of our recreational boating community by replacing some of the
storage facilities being bought out by private developers for the construction of condos. The City owned property at the
Seminole Launch Ramp, the Jack Russell Stadium, and Stevenson's Creek, known as the shuffle board property, has the
potential to meet the storage need for recreational boaters in the form of a high and dry.
Ifwe qualify for assistance in planning and constructing a facility at one of the sites, we will in part meet that need.
c. Known Public Support: (Name)
D Adjacent Land Owners:
C8J Users Groups: Recreational boating community
D Neighborhood Assoc.:
C8J LocaI/State/Federal Government: City of Clearwater & Pine lIas County
D Legislature:
o Other:
d. Known Public Opposition: (Name)
o Adjacent Land Owners:
o Users Groups:
o Neighborhood Assoc.:
o Local/State/Federal Government:
o Legislature:
o Other:
FWC/DLE-252 (02/05)
2
IV - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application.
o Yes, Preliminary 0 Yes, Final 0 No
b. PROJECT COST - SOFT (NON CASH) FUNDS
Cost Item
Applicant
Administration
$
1,000.00
In-Kind Engineering/Construction Management $
In-Kind Labor
$
In-Kind Materials
$
In-Kind Equipment
$
Total Soft Funds $
1,000.00 $
c. PROJECT COST - HARD (CASH) FUNDS
Cost Item
Applicant
Planning/Engineering
$
Implementing/ Construction
Other: Engineering plans/cost est. for high&dry
marina site studv
$
$
12,600.00
Total Hard Funds $
12,600.00
d. TOTAL FUNDS $
13,600.00 $
V - OTHER SOURCE OF FUNDS (STATUS)
a. 0 Federal 0 State/Local 0 Loan
b. Grant Name:
Agency:
c. Approval Status:
o Approved
o Pending
a. 0 Federal 0 State/Local 0 Loan
b. Grant Name:
Agency:
c. Approval Status:
o Approved
o Pending
a. 0 Federal 0 StateILocal 0 Loan
b. Grant Name:
Agency:
c. Approval Status:
o Approved
o Pending
FWC/DLE-252 (02/05)
Other
(List in Section V)
Do NotUse/this..
Column
...
$
...... $
... ..
..... . .......; $
.. .. ...... ......... .... $
...... ...
.....
.... $
<.. . .<..
; ..i./ $
....i.i<<i. $
. ...... ...< .......;.<.
$
$
$
$
Other FBIP Grant
(List in Section V)
$ $ 40,400.00 $
$ $ $
$ $ $
$ $ 40,400.00 $
$
TOTAL
1,000.00
1,000.00
TOTAL
40,400.00
12,600.00
53,000.00
40,400.00 $ 54,000.00
Amount $
o Intend to Apply, Date: _
Amount $
o Intend to Apply, Date: _
Amount $
o Intend to Apply, Date: _
3
VI - PERMITS Submitted Approved N/A
a. Florida Department of Environmental Protection 0 0 [gJ
b. Florida Fish and Wildlife Conservation Commission 0 0 [gJ
c. U.S. Army Corps of Engineers 0 0 [gJ
d. Local and Others (If needed) 0 0 [gJ
VII - ENVIRONMENTAL ASSESSMENT YES NO
a. Will the project significantly or adversely affect the environment? 0 ~
b. If Yes, please explain key issues and describe any mitigation actions proposed.
VIII- BOATER SAFETY
a. Explain how the project may affect boater safety whether positively or negatively.
The project will not affect boater safety.
FWC/DLE-252 (02/05)
4
IX-APPLICATION ATTACHMENTS CHECKLIST
Inc. N/A
~
~
~
~ 0 d.
~ 0 e.
~ 0 f.
~ 0 g.
[gl 0 h.
0 rgJ 1.
~ 0 J.
0 rgJ k.
rgJ 0 1.
rgJ m.
rgJ n.
Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications).
Project Proposal: a detailed description of project as outlined in the application instructions.
Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the
authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on
behalf of another public entity, then a Memorandum of Understanding between the Applicant and the
ublic enti must also be submitted.
Boundary Map: indicate boundary of the project area.
Site Control Documentation: (e.g. a deed, lease, results of title search, etc. for the project site.)
Existing Condition Photographs (sufficient to depict the physical characteristics of the project area)
Aerial Photographs (marked with the approximate boundaries of the project site)
Navigational Chart: An 8.5" x 11" photocopy of a current NOAA North American Datum 83 nautical
chart ( rovide the NOAA chart name and number) indicatin the recise location of the ro'ect site.
Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide
notification of exem tion from ermittin a ency.
Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor
or an enineer's cost estimate.
Plans: preliminary design/engineering plans (if completed).
Appendix A: (For projects involving boat ramps, piers and docks, and public launching facilities only)
One (1) original application.
Seven (7) photocopies of the application and an electronic copy on CD or floppy disk.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional informa . ~? as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, a 10jllaws in con' nction with this proposal and resulting project so approved.
Garry B mba Assistant City Manager
Print/Type am Title
05/04/2005
Applicant' r Date
/ ~
STAlE OF ;::;:-ORillA, COUNTY OF ( Ct/ AU P i!h _ -) , ,
Personally appeared before me this 4 day of /}JJ ))JI_ , 2oos1Ih~~1rrMtJ//l~,Ao
subscribed and swore t e above instru y res~ . G
. ,'" . - ') o...tl-V P(l~ Denise A. Wilson
Notary PublIc Name: ,"'f.--/ My co~nC;~&iGA fI DD296233
~, \)1' Expires June 18,2008
~ SIr '" (if .... T... Fa. L_~~. L4 I. 81t 1919
NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in
the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife
Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755.
FWC/DLE-252 (02/05)
5
PROJECT PROPOSAL - High & Dry Marina Multi-Site Feasibility Study
Project Description
What the proiect will produce or accomplish - The proposed project will produce a multi-site
feasibility study for the development of a high and dry marina at one of three City sites, including
associated trailer parking, marine service, utilities, landscaping, etc. Wade-Trim, engineer of
record for this study, proposes to address the following:
· Land ownership patterns.
· The City's programmed uses for the selected site.
· Bathyetric survey for the Stevenson Creek site.
· Cursory Mangrove and seagrass surveys for the Stevenson Creek Site.
· Current land use and zoning classifications of properties being considered for the high
and dry marina, as well as neighboring properties in the general area.
· Identification and discussion of recently approved projects in the area of each site and
the perceived impact of those projects on the proposed high and dry marina.
· Identification of applicable Land Development Code provisions governing the location
and construction of the proposed marina.
· The location and adequacy of existing infrastructure (i.e. sanitary sewer, potable water,
reclaimed water) to serve the marina and associated uses.
· Review of Chapter 380.06 F.S. regarding DRI thresholds for high and dry marinas and
other applicable local, state and federal permitting requirements.
· Stormwater management issues on the proposed City sites.
· Traffic management issues including ingress, egress and cursory assessment of impact
on surrounding roadway system.
· Potential neighborhood compatibility and/or project "perception issues."
· Order of magnitude pre-design construction cost estimates for each of the three potential
sites. These estimated costs will include site demolition and clearing, utility upgrades, if
required to serve the sites, site development costs, and seawall construction and bridge
replacement costs that could be uniquely associated with the Stevenson Creek site.
Order of magnitude cost estimates will also be provided for the design and permitting
processes for the high and dry marina and associated facilities.
· Estimated schedule for design, permitting and construction.
· Estimated annual operations and maintenance costs and revenue generating estimates
(to be provided by City Staff).
With the plans and cost estimate, the project will enable the City of Clearwater to obtain permits,
and hire contractors to built the recreational boat storage facility.
How the proiect will serve the needs of recreational boaters and boatinq-related activities in our
area - The project will provide approximately 300 boaters with a storage facility replacing those
facilities that have been sold for condo development. The proposed facility will also provide
additional car and trailer parking for the more than 22,000 yearly users of the Seminole Launch
Ramps alone from all over the county.
Project Proposal for 2005 FBIP grant
Specific Tasks
Phase I:
Task 1 - Submit bid proposal document for engineering plan and cost estimate to Florida Fish
and Wildlife Conservation Commission for review and approval (30-day turn around time).
Task 2 - Go out to bid or use engineer of record to produce engineering plans and cost estimate
to develop a High & Dry boat storage facility and related support facilities (restrooms, additional
parking, etc.) at one of the three sites being considered.
Task 3 - Submit results of engineering plans and cost estimate to FWC.
Phase II:
Task 1 - Using engineering plans and cost estimate, apply for FBIP grant funds to bid the
project for construction and obtain building permits.
Timetable
Phase I:
Task 1 - First quarter - after notification, acceptance, and return of the grant agreement by the
City Council back to the FWC, submit bid proposal document to FWC for review and approval.
Task 2 - First or second quarter - Send out bid for engineering plan and cost estimate.
Task 3 - Third or fourth quarter - Submit results of engineering plans and cost estimate to
FWC.
Phase II:
Task 1 - Fourth quarter or new FBIP2006/2007 - Using engineering plans and cost estimate,
apply for FBIP grant funds to bid the construction phase and have contractor obtain building
permits.
Project Proposal for 2005 FBIP grant
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listedbelow are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
Page 1 of 1
ATTACHMENT C
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission)
to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in
this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission
staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A -13 3, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have
a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part,
In connection with the audit requirements addressed in Part I, paragraph 1., the reCIpIent shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less
than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such an audit must be paid from recipient resources obtained from other than Federal entities).
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defmed by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000
in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state fmancial assistance
awarded through the Commission by this agreement. In determining the state fmancial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Commission, other state agencies, and other non-state entities. State financial assistance does not
Page lof3
include Federal direct or pass-through awards and resources received by a non-state entity for Federal program
matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit
complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-
state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from
other than State entities).
PART III: OTHER AUDIT REQillREMENTS
There are no other audit requirements.
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133,
as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the
auditor, to the Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Page 2 of3
Copies of financial reporting packages required by P ART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
The Commission the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Any reports, management letter, or other information required to be submitted to the Commission pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules orthe Auditor General, should indicate the date that the reporting package was delivered to the
recipient in correspondence accompanying the reporting package.
Contact the Commission's Audit Director by phone at (850) 488-6068.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee,
Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working
papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a
period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission.
Page 3 of3
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
None.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
None.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Agency:
State Program:
CSFA No.:
Recipient:
Amount:
Florida Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
77.006
City of Clearwater
$40,400.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Project activities must occur on public lands owned outright or managed under agreement with
another party with lease terms exceeding 20 years.
2. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
3. Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement
Program.
4. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
Page 1 of 1
ATTACHMENT D
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<'irION I...
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
CERTIFICATION OF COMPLETION STATEMENT
I,
(Print Name and Title)
representing
(Name of Local Government)
do hereby certify under penalties ofperiurv, as provided in S., 837.012, Florida Statutes, that the
Florida Boating Improvement Program project funded by FWC Contract No.
has been completed in compliance with all terms and conditions of said Agreement; that all
amounts payable for materials, labor and other charges against the project have been paid; and
that no liens have been attached against the project.
(Signature)
(Date)
STATE OF FLORIDA, COUNTY OF (
)
Personally appeared before me this day of
subscribed and swore to the above instrument in my presence.
,200_, who
Notary Public Name:
My commission expires:
(SEAL)
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Date:
Name:
Title:
ATTACHMENT E
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Reporting Period (MonthNear):
(Due 15 days after the end of each month)
Project Title:
1. Describe tasks completed this month:
2. List deliverables provided to FWC this month:
3. List tasks scheduled to be completed during next month:
4. Is project currently on schedule for completion by December 31, 2006? YES NO
(If No, please explain any problems encountered and/or possible delays)
Project Manager
Date
Page I of I
ATTACHMENT F
Florida Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
INVOICE
Date:
FWC Contract #:
Remit payment to:
Grantee:
Address:
City, State:
Zip:
FEID#:
GRANT REQUEST
. . TOTAL .
Cost Item Applicant Other FBIP Grant .
Perm itting/Planning/Engineering $ $ $ $
Implementing/ Construction $ $ $ $
Other: $ $ $ $
Total Hard Funds $ $ $ $
Amount of Grant Award: $
PROJECT COSTS
Cost Item Amount
..
Perm itting/Plann ing/Eng ineering $
Implementing/ Construction $
.
Other: $
Total Costs: $
Grantee Matching Funds: $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project
Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this
Agreement.
Signed:
Project Manager
Date:
City Council
_~end~ ..f9~~r Memorandu"!_...__.."
L lB- I
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~~
o~
Tracking Number: 1,902
Actual Date: 02/16/2006
Subiect / Recommendation:
Award a contract to Unique Management Services, Inc., Jeffersonville, Indiana, for recovery of
overdue library materials and past due account charges at a cost not to exceed $14,000 and
authorize the appropriate officials to execute same. . -
Summary:
Unique Management Services, Inc., deals exclusively with monetary and materials recovery for
libraries, and pledges that their services is "budget neutral"; the Library will never be billed for
collection fees exceeding the amount of money recovered from collection of overdue fines. Based
on a current annual circulation figure of 1.1 million items, it is anticipated that Unique
Management Services, Inc., will recover in excess of $14,000 annually in fines alone, exclusive of
the value of the returned library material.
Over 16,000 items with a replacement cost of over a quarter million dollars are considered lost
each year from the Clearwater Public Library System. Before an item reaches that status, three
phone calls remind our patrons to return their lost material. At this time, however, we do not go
any further. No bill is sent and no further attempt is made to contact the patron. Unique
Management Services, Inc. specializes in getting library material returned while maintaining the
good will of the public. The major advantage of using this service is that more material will be
availabe for the residents of Clearwater. Since the library pays a flat fee "per account" (one
patron with overdue material) all funds collected above the "budget neutral" level will also be
added income for the City of Clearwater.
The current request entails an increase to the Library's FY 2005-2006 operating budget in the
amount of $14,000, which will be paid to Unique Management Services, Inc., and is completely
offset by a $14,000 increase in FY 2005-2006 projected revenues from fines and fees. These
amendments will be made at the second quarter budget review. The Finance Director and the
Budget Director concure with this request.
Orioinating: Library
Section: Consent Agenda
Category: Agreements/Contracts.. without cost
Financial Information:
Review Aooroval
Barbara Pickell
01-26-2006
11: 18:34
Cvndie Goudeau
02-06-2006
08:29:48
Laura Lioowski
01-30-2006
13:59:10
Garrv Brumback
02-03-2006
11: 10:46
Tina Wilson
02-02-2006
15:03:40
_""___liiO!ll"""<1oI:l!__
~.~-.w..Y 3. ter.
o~
Bill Horne
City Council
" ",.~--gen~~ C~ver Memorandum_.
02-03-2006 18:01 :39
~E'. llB- I
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF CLEARWATER
(hereinafter referred to as "CITY") and UNIQUE MANAGEMENT SERVICES
(hereinafter referred to as "UNIQUE MANAGEMENT");
WHEREAS, the Clearwater Public Library System (hereinafter referred to as
"LIBRARY") has noticed a large number oflibrary fines which are past due; and
WHEREAS, UNIQUE MANAGEMENT is a national collection agency which
collects solely for libraries and understands the importance of patrons' goodwill and the
limits of a public entity's budget; and
WHEREAS, records of UNIQUE MANAGEMENT shall be subject to review at
all times by the LIBRARY director or designee; and
WHEREAS, UNIQUE MANAGEMENT must be licensed under the laws of
Florida to perform the services in this agreement; and
WHEREAS, UNIQUE MANAGEMENT shall comply with the Federal Fair Debt
Collections Practices Act, the Florida Consumer Collection Practices Act, and the Fair
Credit Reporting Act; and
NOW, THEREFORE, in consideration of the foregoing consideration, the parties
agree as follows:
ARTICLE I
WHEREAS CLAUSES
The whereas clauses set forth above are incorporated herein by reference and
made a part of this agreement.
ARTICLE II
SCOPE OF WORK
UNIQUE MANAGEMENT shall provide the following services for the collection
of delinquent accounts assigned to them by the CITY. Initially, the LIBRARY, via
electronic data transfer, will provide to UNIQUE MANAGEMENT the necessary
information regarding accounts turned over for collection, which includes the account's
name, last known address and amount owed. UNIQUE MANAGEMENT shall provide
the CITY with sample copies of all correspondence sent for collection purposes and the
CITY reserves the right to modify the correspondence wording if deemed necessary. Via
electronic data transfer, UNIQUE MANAGEMENT and the LIBRARY will update
accounts weekly for any activity which has occurred on an account. UNIQUE
MANAGEMENT will provide the LIBRARY with a comprehensive management report
in the first week of every month, which details the status of each account and summarizes
the activity to date. The LIBRARY may withdraw an account at any time and will
indicate this to UNIQUE MANAGEMENT via electronic data transfer or telephone call
by the Library Director or designee.
No compromise settlement will be entered into by UNIQUE MANAGEMENT on
behalf of the CITY without the LIBRARY Director's express knowledge and permission.
The LIBRARY retains the right to settle any delinquent accounts.
Accounts will first be assigned to UNIQUE MANAGEMENT for Initial
Placement collection, at which time UNIQUE MANAGEMENT may proceed to collect
on the account by sending letters and calling the patrons with delinquent accounts.
Nonresponding accounts which meet the LIBRARY standards will be assigned to
UNIQUE MANAGEMENT for Secondary Placement, whereby UNIQUE
MANAGEMENT will do skiptracing to ascertain addresses and will proceed with
collection of the accounts. Accounts remaining in delinquent status will be reported to
national credit reporting agencies.
All checks shall be made out to the CITY and delivered to Library
Administration, Clearwater Public Library System, 100 N. Osceola Ave., Clearwater,
Florida 33755. All books shall be returned to the LIBRARY, and all correspondence and
contact from the library patrons contacted by UNIQUE MANAGEMENT shall be made
to the LIBRARY. If any ofthe above are made to UNIQUE MANAGEMENT, they
shall be forwarded to the LIBRARY.
ARTICLE III
COMPENSATION
The CITY agrees to pay UNIQUE MANAGEMENT a flat fee of Eight and
95/100 ($8.95) dollars for each account processed, regardless of whether money is
collected or materials are returned. This flat fee of eight and 95/100 ($8.95) dollars
includes both initial placement services and secondary placement services. UNIQUE
MANAGEMENT shall send the bill to the LIBRARY by the 15th of each month, which
bill shall be immediately forwarded to the City of Clearwater Finance Department for
payment to UNIQUE MANAGEMENT.
Notwithstanding the above, the CITY shall never pay more money as
compensation to UNIQUE MANAGEMENT, calculated monthly and totally, than the
CITY receives from the accounts submitted to UNIQUE MANAGEMENT.
ARTICLE IV
REIMBURSEMENT
All expenses, taxes, and fees resulting from collection efforts by UNIQUE
MANAGEMENT shall be borne by UNIQUE MANAGEMENT.
ARTICLE V
TERM OF AGREEMENT
This agreement shall remain in effect until canceled by either party. This agreement may
be canceled by either party for any reason upon sixty (60) days written notice.
ARTICLE VI
AVAILABILITY OF FUNDS
The CITY's liability under this Agreement is contingent upon the continued
availability of appropriated funds. In the event this Agreement extends beyond the
CITY's current fiscal year that begins on October I of each year and ends on September
30 of each succeeding year, the CITY and UNIQUE MANAGEMENT mutually agree
that performance and payment during subsequent fiscal periods is contingent upon funds
being appropriated, allocated, or otherwise made available. The CITY shall be the final
determiner of the availability of such funds. In the event sufficient budgeted funds are
not available for a new fiscal period, the CITY shall notify UNIQUE MANAGEMENT
of such occurrence and the contract shall terminate on the last day of the then current
fiscal period without penalty or expense to the CITY.
ARTICLE VII
NONDISCRIMINATION
UNIQUE MANAGEMENT will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, or national origin. UNIQUE
MANAGEMENT will take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their sex, race, creed,
color, or national origin.
UNIQUE MANAGEMENT agrees to comply with all applicable local, State, and
Federal laws and ordinances regarding discrimination in employment against any
individual on the basis of race, color, religion, sex, national origin, physical or mental
impairment, or age. In particular, UNIQUE MANGEMENT agrees to comply with the
provisions of Title 7 of the Civil rights Act of 1964, as amended, and applicable
Executive Orders including, but not limited to Executive Order No. 11246.
ARTICLE VIII
WARRANTY OF NONCONVICTION OF PUBLIC ENTITY CRIME
UNIQUE MANAGEMENT warrants that neither UNIQUE MANAGEMENT nor
any Officers, Directors, Executives, Partners, Shareholders, Employees, Members, or
Agents who are active in the management of UNIQUE MANAGEMENT, nor any
affiliate of this entity have been charged or convicted of a public entity crime, and has not
been placed on the convicted vendor list.
ARTICLE IX
TERMINATION
Either party may terminate this agreement at any time, for any reason, upon sixty
(60) days' written notice.
ARTICLE X
GENERAL CONDITIONS
Any changes to this agreement must be in writing and approved by the CITY.
This agreement is to be governed by and interpreted in accordance with the laws
of Pin ell as County and the State of Florida. Venue for any litigations arising from or
related to this agreement shall be in Pinellas County, Florida.
ARTICLE XI
INDEMNITY
UNIQUE MANAGEMENT shall indemnify, defend, and hold harmless the CITY
and all of its agents and employees, from any claim, loss, damage, cost, charge, or
expense, including attorney's fees and costs, arising out of any act, action, neglect, or
omission during the performance ofthe contract or work performed thereunder, whether
direct or indirect, and whether or not due to or caused by negligence of the CITY or any
of its officers, agents, or employees, except that UNIQUE MANAGEMENT will not be
liable under this provision for damages arising out ofthe injury or damage to persons or
property directly caused or resulting from the sole negligence of the CITY or any of its
agents or employees.
UNIQUE MANAGEMENT's obligation to defend and indemnity shall not be
excused because of UNIQUE MANAGEMENT's inability to evaluate liability or
because UNIQUE MANAGEMENT evaluates liability and determines UNIQUE
MANAGEMENT is not liable or determines the CITY is solely negligent. Only a final
adjudication or judgment finding the CITY solely negligent shall excuse performance of
this provision by UNIQUE MANAGEMENT. If a judgment finding the CITY solely
negligent is appealed and the finding of sole negligence is reversed, UNIQUE
MANAGEMENT will be obligated to indemnify the CITY for the cost ofthe appeal(s).
UNIQUE MANAGEMENT shall pay all costs and fess related to this obligation and its
enforcement by the CITY.
This provision shall also pertain to any claims brought against the CITY by any
employee of UNIQUE MANAGEMENT, contractor, subcontractor, or anyone directly or
indirectly employed by any of them.
UNIQUE MANAGEMENT's obligation under this provision shall not be limited
in any way to the agreed upon contract price as shown in this agreement or UNIQUE
MANAGEMENT's limit of or lack of sufficient insurance protection.
ARTICLE XII
INDEPENDENT CONTRACTOR STATUS
UNIQUE MANAGEMENT is and shall remain an independent contractor and is
neither an agent, employee, partner, nor joint venturer ofthe CITY.
ARTICLE XIII
SERVERABILITY
The terms and conditions of this agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void,
such determination shall not effect the validity or legality of the remaining terms and
conditions, and notwithstanding any such determination, this agreement shall continue in
full force and effect unless the particular clause, term, or condition held to be illegal or
void renders the balance of the agreement to be impossible of performance.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
on their behalf by their respective representatives, each representative having been first
duly authorized to act as of the date and year first hereinabove written. The effective date
ofthis agreement is the date of signing.
~.~
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City Council
Agenda COV_~! Memoran~~m
(Jr:< - I
11.7
Tracking Number: 1,864
Actual Date: 02/16/2006
Subject / Recommendation:
Approve an Amendment to License Agreement with Progress Energy Florida, Inc. for use of the
northern most section of its right-of-way along Old Coachman Road in front of the Carpenter
Training Complex and authorize the appropriate officials to execute same.
Summary:
On December 18, 1986 the City entered into a License Agreement with Florida Power
Corporation (now known as Progress Energy) to provide parking in Florida Power Corporation's
right-of-way on the west side of the Carpenter Training Complex.
On October 16, 2003, the City Commission approved an Amendment to the License Agreement
with Progress Energy to provide for the construction of the player parking lot, lighting,
landscaping, paved drive isles and extended boundaries for parking areas on the right-of-way.
The Amendment and Exhibit "A," modified the original agreement and reflected the
improvements as agreed upon by both parties.
This proposed Amendment to the License Agreement provides for the use of the northern most
section of Right-of-Way, across the road that leads to the City of Clearwater Solid Waste
Transfer Station for parking.
No increased cost is associated with the third amendment to License Agreement.
A copy of the Amendment to the License Agreement with Exhibit "A" is available for review in
the Official Records and Legislative Services office.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Kevin Dunbar
01-19-2006 15:34:08
Garrv Brumback
02-02-2006 16:03:43
Laura Lioowski
01-20-2006 10:51 :28
Bill Horne
02-03-2006 18:03:08
Cyndie Goudeau
02-06-2006 08:27:34
City of Clearwater
HD-31 & NC-54 to HD-30 & NC-55
~s '. p~ - t
II.'
ETS #20050425
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement (hereinafter referred to as the "Amendment"),
made and entered into on this 17th day of January, 2006, by and between FLORIDA POWER
CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a Florida Corporation
(hereinafter sometimes referred to as "PEF"); and City of Clearwater, a municipality, whose
address is P.O. Box 4748, Clearwater, FL 33758 (hereinafter referred to as "APPLICANT"), herein;
WITNESSETH
WHEREAS, PEF and APPLICANT have heretofore entered into that certain
Encroachment Agreement dated December 18th, 1986 (hereinafter referred to as the
"AGREEMENT"), a copy of which is attached hereto as a composite "EXHIBIT A" together
with Amendment to License Agreement dated October 23rd, 2003 and Amendment to
License Agreement dated September 23rd, 2004 attached and made a part of "EXHIBIT A",
and is, by this reference, made a part hereof, which Agreements establish the terms and conditions
pursuant to which PEF agreed to allow APPLICANT the privilege to occupy and utilize a portion
of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, being hereinafter
referred to as the "APPLICANT's Utilization" and with the location and extent of said
APPLICANT's Utilization being substantially as depicted on print of sketch attached hereto within
"EXHIBIT A"; and
WHEREAS, APPLICANT has been granted the limited privilege to occupy and utilize that
portion of the APPLICANT Utilization for Parking Area;
WHEREAS, the parties to the Agreement are willing to make such Amendment to the
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: To allow for additional
parking area, being depicted on "Exhibit B" and as marked off with a bold black
line, which adds to the agreements of the original License agreement and its
subsequent amendments as depicted and described in "Exhibit A" attached
hereto and made a part hereof.
2. Except as herein amended or modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in full
force and effect.
3. In addition to the above stated APPLICANT's Utilization uses, APPLICANT will
install, at the APPLICANT'S expense wooden bollards around all four (4) sides of
the electric transmission towers, structures HD-31 & NC-54, three feet (3')
distance from towers and one (1) every five feet (5') as said towers are depicted in
"Exhibit B". Additionally no parking shall be allowed within ten feet (10') either
side of the center line of the existing hot oil pipeline located on the property in in
1
side of the center line of the existing hot oil pipeline located on the property in in
"Exhibit B". The APPLICANT, will provide and install at the APPLICANT'S
expense wood bollards, ten feet (10') from centerline and every five feet (5') along
the entire distance of the hot oil pipeline as located in "Exhibit B". The intent of
this agreement is to provide a limited parking area located north of the two (2)
transmission towers herein named and ten feet west of the hot oil pipeline, all
additional uses of this Agreement, subject to the specific requirements included in the
original agreement.
4. PEF, by its execution hereof, hereby represents, warrants and certifies that, to the best of
its information and belief, APPLICANT has fully performed all of its duties and
obligations under the Agreement and that, to the best of PEF's information and belief,
the Agreement is not in default as of the date hereof.
5. APPLICANT, by its execution hereof, hereby represents, warrants, and certifies that, to
the best of its information and belief, PEF has fully performed all of its duties and
obligations under the Agreement and that, to the best of APPLICANT's information
and belief, the Agreement is not in default as of the date hereof.
IN WI1NESS WHEREOF, the said PEF and APPLICANT have caused these presents to
be executed in their respective corporate names by their proper officers thereunto duly authorized
and their respective corporate seals to be hereunto affixed and attested, all as of the day and year
first above written:
WI1NESSES:
FLORIDA POWER CORPORATION d/b/ a
PROGRESS ENERGY FLORIDA, INC.
(as PEF)
Ir!~m. '~:;, ~ ~
PrinteWame: HeL..e;- /h KY/l,/J/!{)!;f, By: Billy Raley ----_
~~~ eil/~ Vice-President of North Central Region
Printed N : Penel~ A. Wa..-kAs
WI1NESSES:
City of Clearwater (as APPLICAN1)
Printed Name:
By:
Printed Name:
Printed Name:
By:
Printed Name:
2
1-27-04; 11 :41AM;PARKS and RECREATION
;7275624825
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TotAl i7' '1UQTHIS LIMITED LICENSE PRIVILEGE AGREEMENT, Made and entered into
~ this 18th day of December , 1986, by and between FLORIDA POWER
,flJI CORPORATION, a Florida ,corporation, Party ~rst Part, "LICENSOR"
herein and CITY OF CLEARWATER. P.O. Box 4748, arwater. Florida 33518,
Party of the Second Part, "LICENSEE" herein; r
:
87004"004 CL-156 10/24/86
!!I! ,g ~ ~ ~ ~ ~Q! ~ ~ M J ~I.t
104
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~4 0 ,4 PAGE
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WITNESSETH:
.WHEREAS I LICENSOR is the owner of the fee simple title to (among
other lands)in the NW 1/4 of SE 1/4 comprising a portion"f LICENSOR's electric
transmission right-of-way lands in Pinellas County, Florida, an 800 foot long
= strip of said tract being hereiUBfter referred to as the "License Area" and
. .;'" f! ~nBraD.y described as shown on sketch attached hereto as Exhibit It A It and by
~ ;;~h:is reference incorpo1'8.ted herein and made a part hereof;
;.; .C G=
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t..::i'~O ~nd,
:: Q . en
! J ! ~...:l . WHEREAS, LICENSEE is desirous of ac<luiring .from LICENSOR the
; ~ ~ ~ '='limited privilege and license to occupy and utilize the License Area for
. .~ i: :{parking
<ug-r;
::s u ~and
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5
WHEREAS. LICENSOR is willing to grant to LICENSEE the desired
limited privilege and license for such occupancy and utllization, subject to
certain terms and conditions as stipulated below along with specific r.equ:lrements
as shawri on attached Exhibit uB It and by this .reference incorporated herein and
made' a part hereof.
<D
:;
...
;;;
. ... ,
:> l:d !; ... 1. That LICENSOR hereby grants to LICENSEE, and LICENSEE hereby
J ;j ~ ;j. accepts from LICENSOR, the limited privilege and license to occupy and utilize
i 0 ~ I:c the License Area for the soLe purpose of parking together with such other
~, ~ t:i limited privilege and license as may be reasonably necessary ~r convenient for
, i '~ the full enjoyment of the License Area for the above. ,purpose only.
(' . '~ 2. That for and in consideration of the foregoing limited privilege and
~ license, the LICENSEE hereby covenants to pay to LICENSOR a yearly fee, in an
::3 initial amount: of $10.00 payable in advance, conupencing January'1, 1987, for
U each and every calendar year while this limited privilege and license remains in
effect. The yearly fee may be recomputed each subsequent year by LICEN.SOR
and may be adjusted as appropriate to reflect fluctuations in the real estate
vaLue and other variables attributable to the License Area. LICENSOR shtill mail
a yearly b111ing invoice to LICENSEE, and LICENSEE's advance yearly fee checks
shall be made payable to FLORIDA POWER CORPORATION and mailed to
LIC'ENSOR. .
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
3. That LICENSEE shall notify, at least 48 hours prior to commencing
initial construction activities within the License Area, Joseph G. Brown, Jr.,
T1'8.nsmission Rights-of-Way Inspector, telephone (813) 865-5109, St. Petersburg.
. 4. It is expressly stipulated by the said LICENSOR and LICENSEE that
this License Agreement is B. license for permissive use only and that the placing
of any improvement upon the property pursuant to this Agreement shall riot
operate to create or vest any property right in said LICENSEE.
5. It is expressly stipulated by the said LICENSOR and LICENSEE that the
privileges provided herein create no perpetual rights but determina.ble priVileges
depending solely on the conditions in this Agreement and at no time shall this
License Agreement be construed as a License coupled with an interest.
6. That LICENSOR's consent to LICENSEE's use of the property described
herein is limited. Such conditional and restricted consent creates privileges in
the LICENSEE to use the land only insofar as the conditions herein are complied
with.
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EXHIBIT A
EXHIBIT A
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1-27-04; 11 :41AM;PARKS and RECREATION
;7275624825
# 8/ 13
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I a.R. 640 4 PAGE
105
.,
7. That LICENSOR expressly reserves unto itself. its successors, lessees
and BSsigns, the continued right to, occupy and utilize the entire License Area
and to grant to other parties such privileges affecting the License Area as are
not inconsistent with privileges herein granted. '
B. That LICENSOR shall not be liable for damages to LICENSEE's utilization
and appurtenances howsoever resulting from LICENSOR's occupancy and
utilization of the License Area. LICENSOR, however, shall not willfully cause
undue damage to LIC1~NSEE'B utilization.
9. That LICENSOR agrees to inform LICENSEE' 30 ~ys before building or
developing within the License Area so that LICENSEE can relocate 01' remove the
utilization described herein should LICENSOR determine that such utilization
would interfere with LICENSOR's facilities or use of said area.
10. That upon LICENSEE's breach of any covenant or condition contained'
herein, this License Agreement after written notification by LICENSOR to
LICENSEE of such breach and upon failure of LICENSEE to remedy or remove
such breach within e. period of five (5) working days after receipt of such
written notification, sball cease and terminate and shall become null and void and
the privilege and license herein. granted sball thereupon immediately revert to
the LICENSOR in absolute. and LICENSEE shall forfeit the remainder of the
yearly fee; however, LICENSOR expressly does not waive any rights of recourse
LICENSOR may have against LICENSEE for damages suatained by LICENSOR as Q
result of such breach.
11. Tha.t LICENSOR hereby expressly reserves the right to revoke this
License Agreement at will by giving LICENSEE 30 days written notice, and
LICENSEE shall have no right to coinpensation for any expenditures by
LICENSEE upon revocation of this License Agreement. except the LICENSOR shall
return the unearned portion, if any. of the yearly fee pald by LICENSEE
hereunder. .
)
12. Any costs, attorney's fees or expenses incurred by LICENSOR in
construing or enforcing this License Agreement shall be borne by the LICENSEE.
13. That this privilege and license is personal to LICENSEE and shell not
be assigned or transferred in whole or in part.
14. That nothing contained in this License Agreement or contemplated is
intended to' or shall increase LICENSOR's risk of UablUty for perional Injury or
death or for any property damage and it is hereby expressly understood and
agreed (a) that LICENSOR does not BSSume any such additional risk, (b) that
liability arising out of the use and occupancy of the License Area by LICENSEE.
LICENSEE's employees, agents, contractors, or any representative is hereby
BBsumed by LICENSEE and shall be at the Bole and exclusIve risk of LICENSEE
and (c) that LICENSEE shall adequately pollce the License Ares., answer and
satisfy to LICENSOR's satisfaction any and aU complainta, and protect, defend.
hold harmless and indemnify LICENSOR from and against any and all actions,
claims, damages and/or los8, including costs and attorney's fees, occasioned by
or growing out of any actual or claimed usage or condition of the License Area
or caused. incurred or arising in any manner whatsoever, directly or indirectly.
by reason of this Limited License Privilege Agreement or the use and ocaupancy
of the License Area by LICENSEE, LICENSEE's employees, agents, contractors,
or any representative. howsoever resulting and Irrespective of negligence. With
respect to any person not a party to this License Agreement, however. nothing
herein shall be construed 8S a waiver by the LICENSEE of any of the defenses
and limitations available to the LICENSEE pursuant to Section 768.28, Florida
Statutes. or successor provisions thereto.
')
15. That the validity of this Agreement is contingent upon LICENSEE first
obtaining proper zoning, authority, approval andlor permit from the appropriate
governmental body or public agency having jurisdiction over such utilization at
this location. If such zoning, authority, approvaf and! or permit Is not secured.
this Agreement will be consIdered null and void.
-2-
EXHIBIT A
1-27-04;11 :41AM;PARKS and RECREATION
;7275624825
# 9/ 13
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O.R. 6 ~ 04PAGE 106
IN WITNESS WHEREOF J ,the said LrCENSOR and LICENSEE have caused
these p~sents to be executed in their respective corporate names, by their
proper officers thereunto duly authorized B.nd their respective corporate seals to
be hereunto affixed and attested, all as of the day and year f'1rst above written.
ijIlYL~IBIT A
leAf'_. .,
, Signed. sealed and delivered
hi the presence of:
~ oiI). 1>>(;1. Q.Onf' 0
By
oJ) 1-/ J6. a r?~
Attest:
l~t?~qs
Assistant Secra ry
(as LICENSOR)
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~~signed:l' /,/'
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tMayor-cononissioner /
Approved as to form
correctnes
By:
Attest:
City Atto
01"0. ,J J::L ..9",-
Ci..ty Clerk
( , LICENSEE) .
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1?TATE OF FLORIDA
ss.
COUNTY. OF PJ:NELLAS
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!is:::-.:~~..;;~.,, \" !l'l1e foregoinginstrum.ent was acknowledged before 'me -t:his
:if ,.:.:.,;r9th. day ,of December, 1986, by G. C. Moore as Vice Presi-
~ "f\~c.~,~:P~ .cathleen P. Kortri.qht as Assistant Secretary on behalf of
~ ''::; i FIcl>~~A '~OWER CORPORATION.
~;.:':~~~r~_i1a~:~~~l Seal r ~ ,6.;//2ff
~~ ~ission Expires: Notary Public
iIOIaiy PUhnc. . Stale 01 FIoItda at Large
My Commission EIpires JUNE 28, 1990
.. * .. * .. * *'
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1-27-04;11 :41AM;PARKS and RECREATION
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;7275624825
# 10/ 13
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I
n.R. 6 4 04PJ6E 107
* * * * I\' * * *
STATE OF FLORIDA
SS,
COUNTY OF PINELLAS
. The foreqoing'instrument'was acknowledqed before me this
31 st day of December. , 19 86~, by KATHLEEN F. KELLY,
-tmntONY L. SHOEMAKER, CYNTHIA E. GOUDEAU. and M:' A. GALBRKITH, JR., Ma yor-Commissioner,
City Mana2er. City Clerk. and City Attornev,' reSJ)ective1v.
of the CITY OF CLEARWATER, FLORIDA.
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Florida Power Corp. CITY OF CLE:.I.>.lC:.\vh.-n::R IO-30-Be;, I >2.E..~37 L.
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EXHIBIT A
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;7275624825
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1-27-04;1 1 :41AM;PA~K5 and ~EC~EATION
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A. That all of LICENSEE's activities, operations and equipment used within
LICENSOR's right-of-way strip shall at an times be in strict compliance
with the applicable provisions of the National Electrical Safety Code
(NESC) and the applicable rules and regulations of the Occupational Safety
and Health Act of 1971 (OSHA).
B. That upon completion of operations, LICENSEE shall notify LICENSOR's
Inspector of Transmission RIghts-of-Way heretofore mentioned in above
PlU.'9.gN.ph 3 for inspection of the right-of-way Irtrip.
C. That the validity of this Agreement is contingent upon its being properly
executed on behalf of UCENSEE to signify .LICENSEE's acceptance of
agreement to abide by the terms and conditions. . Failure to sign this
Agreement and return the marked copy to LICENSOR within 30 days from
the c;iate of agreement shall automatically render the Agreement null and
void. .
')
")
D. LICENSEE is hereby notified and agrees to so notify any representatives
or persons utilizing said . areas with LICENSEE's knowledge or under
LICENSEE's control, that extreme caution is necessary around all guying
Qr related. facilities, . and in the event of any damages or injuries,
LICENSEE agrees to notify LICENSOR immediately.
E. That. LICENSEE furnish LICENSOR with a set of as built drawing within
thirty clays of final construction.
F. That othe1" than LICENSOR's facilities, no overhead wires, poles, light
standards. trees, buildings, structures, signs or obstacles shall be
located, constructed or installed within the right-of-way strip without
Written approval by LICENSOR.
G. That LICENSEE shall assume the sole duty~ respoI1Sl.oility and obligation of
mowing and otherwise. ~taining the surface of ~ portion of LICID.lSOR's
. right-of-way strip upOn lmd across the land involved in. a condition
compat1'ble with the su~unding area.
H. -The entire dis'turbed area. within. the right-of-Way. strip inclUding
LICENSOR's patrol road sball be restored to a condition at least as good .as
that wbich existed .prior .to' ccinStiuction.
1. That a free easily passable twenty .foot (20') wide accessWl!-y be retained
slong the length of the rigbt-of:-way strip including to all transmission line
structures and on or across said parking area for use by LICENSOR for
emergency access and for normal maintemmce and patrol purposes. .
J. That all excavations for LICENSEE's utilization be a uUnimum of twenty-five
feet (25') from the nearest edge of LICENSOR's ~mission structures or
guying .
. K. . That LICENSEE shall not use a dragline or cable type crane within
LICENSOR's right-of-way strip.
L. That any and all piping and/or culverts within LICENSOR-'s right-of-way
lJave sufficient earth cover to prevent breakage due to the operation of
LICENSOR.ls vehicles and heavy equipment within the right-of-way.
M.. That no below grmmd grade drainage or facilities be installed without
LICENSOR's review and written .approval.
N, That all vehicles shall be of an ope-rati.ve and transient nature; mobile
homes. office trailers or carriers of explosive materials are prohibited.
0, That any shrubbery planted within the rig:h.t-cl:-way strip shall be of a
variety no exceeding 12' in height.
P. That LICENSOR shall not. be liable for damages to said landscaping or
pB.'l'king resulting from operations necesse.:ry to maintain LICENSOR's
facilities.
Page 1 of 2 Pages
EXHIBIT "B"
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1-27-04;1 1 :41AM;PA~KS and ~ECREATION
;7275624825
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IO.R.6 4 04 PAGE
110
Q. That provision in NESC be adhered to rt;!&Jl+ding distances between ground
and conductors. Ground elevation must not .be increased more than two
feet (2').
R. If the license .area is fenced LICENSEE shall install a sixteen foot (16')
gate in the fence making that portion of the right-of-way accessible. Gate
should have a lock installed by LICENSOR.
S . That LICENSEE be responsible for clean up of any and all spills' that may
occur within LICENSOR's right-oC-way strip. Such spills must be reported
to LICENSOR immediately.
T. Tltat LICENSEE shall notify LICENSOR's Superintendent of Transmission
Underground (i. e. ) , D . M. Falvey or his designated alternate.
813/866-5729, St. Petersburg at least 48 hours prior to LICENSEE's
performing any excavation withiri LICENSOR's right-of-way astrip in order
that LICENSOR may al."l'tlnge for an authorized npresentative to be on site
to assist in establishing the existing loCation of LICENSOR's undl:lrground
fuel oil pipeline and to observe all. excavation activities in proximity to said
pipeline within LICENSOR IS right-of-way strip. . .
U . That no parking be Etuowed within fifty feet (50' ) of any transmission
stl.'ucture or guying.
Page 2 ef' z'l'ages
EXHIBIT "B"
-- -"
# 13/ 13
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1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 2/ "13
City of Clearwater
Higgins-Disston 115 KY, HD-33
ETS #20030329
AMENDMENT TO LICENSE AGREEMENT
:~ :,:;~.-,:.) ..'1 :~';-'
;j ~~~ ):-1
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--:..-.: .,;.'
This Amendment to License Agreement 87007004, OR 6404 PG 104 (hereinafter
referred to as the "Amendment"), made and entered intq on this 7.3;;.J day of~2003, by
and between FLORIDA POWER CORPORATION, a Florida Corporation, whose mailing
address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as
"LICENSOR"); and City OF Clearwater, a Municipality, whose mailing address is Box 4748,
Clearwater, Florida 33758-4748(hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
wHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated 18 Dec 1986, (hereinafter referred to as the "Agreement"), a copy of
which is attached hereto as a composite "EXHIBIT B" and is. by this reference, made a part
hereof: which Agreement established the terms and conditions pursuant to which LICENSOR
agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the
Transmission Right of Way of Section 07, Township 29 South, Range 16 East, Pinellas
County, Florida being hereinafter referred to as the "License Area" and with the location and
extent of said License Area being substantially as depicted on print of sketch attached hereto in
"EXHIBIT A"; and
WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and
utilize the License Area for parking; and.
"!
WHEREAS, the parties to the Agreement are willing to make such Amendment to
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as fullows:
1. The Agreement is hereby amended and modified as foUows: Exhibit "An
(sketch/drawing) contained in this Amendment,. 'slialf' hereby replace the
original Exhibit "A"(sketchldrawing), to reflect the improvements as agreed
upon by both parties.
2. Except as herein amended and modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in
full force and effect. .
3. LICENSOR, by this execution hereof. hereby represents, warrants, and certifies that,
to the best of its information and belief. LICENSEE has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSOR's
information and belief, the Agreement is not in default as ofthe date hereof.
Pl'Iap. 1 ('If ')
1-27-04;11 :41AM;PARKS and RECREATION
;7275624825
# 3/ 13
4. LICENSEE. by its execution hereof, hereby represents. warrants. and certifies, tha~
to the best of its information and belief, LICENSOR has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSEE's
information and beliet: the Agreement is not in default as ofthe date hereof.
IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these
presents to be executed in their respective corporate names by their proper officers therelUlto
duly authorized and their respective corporate seals to be hereunto ~lXCf~,and attested, all as of
the day and year first above written. \;?\~o \~~\
.--.----- "'. \\ . '}>
WITNESSES:
By:Lk~,J,~~
Print or Type Name: &-6"'.s, i-'I_ ~~
By:,-:~~ t.-.\\~
Print or TypeNamc: \,,~c-q t. ~Clo\\
Dated this 1<.0 -t:;i... day of
(as .A. . .
Dr- t'Jd~~ /1, ~II:.
~ May~ ------
By.
. / .
Title: City Manager
'1
.,;.\l -'
Dated this '"2--6 . day of Octobv- t 2003.
WITNESSES:
By:
Print or Type Name:
By:
Print or Type Name:
.........----....
Approved all to FO~:', !{(~:.- ,
By"
. . U'Tt//iif- L-;fJ'!!Ld.q<..(
fhs:{-,City Attorney
FLORIDA POWER CORPORA nON
($ )
Dr- JIdt3r
Title: Vice President, Transmissioa &
RTO Development
0~
t 2003.
Attest:
, _' t. /~~- O~
1-27-04;11:41AM:PARKS and RECREATION
(~\d
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ExistingDme
Umils of Progress Energy Right.of- Way
f\\
1:.2.\.
t~
Overilow Parking - Paved OeM:
Aisles wI Grass Parking Stalls
New Carpenter Compl"", EntrllllCC DrM:
Asphalt pavement
Concrete Slab per Progress Energy
Specs, 10 Protect Hot Oil Pipeline
New IS' Wide Trail
Overtlow Parking - Paved Drive
Aisles wI Grass Parking SIaIIa
Approximate Location of
Hot Oil Pipeline
Concrete Slab per PrOJV'lSS Energy
Specs. 10 Prolect Hot Oil Pipeline
New 1 SO Wide Trail
N.... Pawed Parking Lot wI 0Irbs,
Landscaping. Fenc:ing'" LigJrting
10 meet Progress Ener&T Specs.
Existing Apball Drive inlo Bomber F'oeId
To be Removed
New aearwotcr Community Sports Compiex
Enlrance Drive - Asphalt pavement wI
Rollover Curb
Concrete Slab per Progress Energy
Specs. 10 Proled. Hot on PipcIiDe
Sbarky R"""
Existing Progress Energy TOWCtS
Existing Drive 10 RCUl8ia
Umits or Progress Energy Righl-oI,Way
;7275624825
# 4/ 13
~
~ExistiDg
J( Pond- 1
NOTES:
1 - SOUlH SIDEWALK
8' WIDE CONCRETE SIDEWALK.
I'TI
><
:::lI=:
-
lI:X:I
-
--I
:J:::a
2 - soum ACCESS DRrvE"JO PlAZA
24' WIDE ASPHALT DRIVEWAY WI ROllOVER CURBS
3. PLAYERSPARKINGLOT
ASPHALT PARKING LOTWI OJRB5, LANDSCAPE mEE
ISLANDS.. FENCING AND UGH1lNG
4- NORTH-SOUTIi PAVEDTRAlUSIDEWALK
CLEARWATER COMMUNITY SPORTS COMPLEX
rEI
o
5- OVERFLOWPARKINGAREA
ASPHALT DR(VE AISLES WI GRASSED PARKING STALlS
..
12
6 - DRIVEWAY JNTI) EXISIlNG CARPENTER COMPLEX
24' WIDE ASPHALT DRIVEWAY WI ROllOVER CURBS
CHARLOTTE ENGINEERING 8, SURVEYING, INC
0Vl fIIQI.'[[JlS. IJOllSCII'( ~"[rn; LIllO DMlCPIENl .
SPOArs rArnnY CON5tl.TAHrS. I>>JD SUlM'l'OitS. rOlWlSlC I).'CCi(CRS
...
THE PHTLLlES
3300 s...1h 7do_
Philadcphia. PA 19148
T.lcpba.. No. (215)=.BlS9
p"" No. (215)952.8384
FLORIDA POWBR-A PROGRllSS ENERGY Co.
SITE PLAN
CLEARWATER COMMUNITY SPORTS
COMPLEX &. PHILLlES SPRJNG
TRAINING FACILITY
,__
IIOS.~1JW.~2oc;
loow.1l. JJ6]9
r.1tplIPtte.(al))~1m
r"_lllIJJm..uu
$
!B ... 290<
18No.29OC
I.C~. :m
1-27-04;11 :41AM;PARKS and RECREATION
'4 ~.
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Guide lines for Construction Crossings of the Bartow to
^nclote oil line
The Florida Power Corporation-Bartow to ^nclote.Thennal
~nsulated oil t::ran~port llhe has beer installed and is
operated in compliance vit:h ~it18 49-Part: 195 Federal
D.D~T. - Tr.nBporta~ion of Liquids by p'ipellne.
~. Buried Structures - Crossinq Situations
The ~inlmum clearances required for crossInq situatIons
of the D/^ oil line and proposed other lines or struc-
tures fol1owa I .
a~ Main!:a!n 12.inches 01 cleaxat" ce between t:.he oil
line and other pipes or structures being buried
and croasing the line.
b.
When 12 inches of clearance 1. not practic~l.
provisions can be negotiated with FIond. Power
Corp. for. SUbstitution of the Boil bcrrier with
~~n approved barrier. .
- .',
"
I.
2~ I MinImum Soil Cover over B/A oil l1ne
.)
The mJ."l~um soil covj!r re~uirelllent' at "ny Inca~lon
alon9 U,i. aartow to Anclote oil pipe line had been
e8t.abUd"ed in compliance with Federal n.D.T. code
to.be 48 inch... .. referenced Lrom top of the pipe
to 9round level. road bed. river bottom,. drain ditch
bottom, etl:. ^ny variance in thls mi.nimUJII protect.ive
80il cover muet be neqotlated wit.h the Florida Power
Corp. for SUbstitute, protective,equivalent approved
concret8.Bt~ucture Drawing I A-S-J4-^-1.
'Pa~al1ellnq - Durled Structures
Thes'!! are two s~andarda of accepl:.abil,lty for parallel-
ing ..BJ.tua~iona I
a. Florida Po~er Corp. R/u . easements and other Con-
trolled areas.
3.
1) All paralleling of burled structures and other
- pipes t.o the D/A 011 line mu,t maintain a
minimum of three (J) feet surface to surIace
clearance.
b.
All para 11 e1 in9 s 11:ua !:.J.ons outeide the control 0 f
the rloride Power Corp. should re~UeBI:. t.he minimum
'three IJ) feet surface to surface clearnace. Minimum
acceptable is one 11) foo~ surface ~o Burf~ce, p~o-
vidinq adequote provisions are made for corrosion
con tro 1. , (.'. ~ .'
( IJI ;{f-,\
O. M. Falvey OJ
12-1&-00
Page 1 of 2
;7275624825
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t":>l~ l.eAI.U~W~ll__DY_?:LcxJ~-v.pp,(2JL
CONCReTe PIPElIN€
COVcfR SCASS.._. ___._....._
PROJECT .8ARTOIV-AtVcc.OTE PIf'EUtY~
FLORIDA rOWER CORI'ORt\TIOH
.It. ,trtk.tUAlt '~D_'O.l
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DRAWl NO NO, 11-534 -:;11 ; l
;7275624825
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# 6/ 13
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City of Clearwater
HD-32 to HD-33
,-.-' ',.J
JA
ETS #20040293
AM::ENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement 87007004 (hereinafter referred to as the
"Amendment"), made and entered into on this ~'3rv( day of~~ 2004, by and between
PROGRESS ENERGY FLORIDA, INC., a Florida Corporation, whose mailing address is 3300
Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR"); and
City of Clearwater, a Municipality, who~e mailing address is P.O. Box4748/ Clearwater,
Florida 33758-4748 (hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have heretofore entered intQ that certain
License Agreement dated Dec. 18th, 1986 (hereinafter referred to as the "Agreement"), a copy of
which is attached hereto as a composite "EXHIBIT A" and is, by this reference, made a. part
hereof, which Agreement established the terms and conditions pursuant to which LICENSOR
agreed to allow LICENSEE the privilege and license to occupy and' utilize a portion of the
Tnmsmission Right of Way in the SE 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida being hereinafter referred to as the. "License Area" and with the
location and extent of said License Area being substantially as depicted on print of sketch
attached hereto in "EXHIBIT A"; and
WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and
utilize the License Area for parking; and
WHEREAS, the parties to the Agreement are willing to make such Amendment to
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: To allow for addition
parking Area, Exhibit "A" to this Amendment is to be add to the already
Existing Amendment and Original License Agreement's Exhibits to reflect the
additional Licensed Area, said Existing Amendment and Original License
Agreements are attached hereto and made a part hereof;
2: Except as herein amended and ~odified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the_Agreement are and shall remain in
full force and effect.
3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that,
to the best of its information and belief, LICENSEE has fully performed all of its
Page 1 of2
/...-'"
duties and obligations under the Agreement and that, to the best of LICENSOR's
information and belief, the Agreement is not in default as of the date hereof
4.) tICENSEE, by its execution hereof, hereby represents, warrants, and certifies, that,
to the best of its information and belief, LICENSOR has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSEE's
information and belief, the Agreement is not in default as of the date hereof
, ':J
?
'.).
.- \.'
ill WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these
presents to be executed in their respective corporate names by their proper officers thereunto
duly authorized and their respective corporate seals to be hereunto affixed- and attested, all as of
the day and year first above written.
~~-:a-
William B. Horne IT
City Manager
Day of ~ .2004
WITNESSES:
'~
Sign J.~ '^- ~
Printed Name: '-: c . S,n.,.. ~ ~
~(;>r:'J~ -, . \ "--'---" --..J
. .
Sign ~t)',\~ ~
Printed e: '" p. \' \ k. f\ \~S\\~ R. S
DATED this ~,^,1
Day of
WITNESSES:
Sign C~ '-f>J~
Pnnted Name: C CLr-o 't n i3 r' nk
Sign~ a h 1t:'f&nJ
Printed. Name: -DuJi&e.; A-, tJd soJLJ
DATED this
23~
I
APprove~m:
By: ,
Laurai-'tipows1d
Asst City Attorney
t,
PROGRESS ENERGY FLORIDA, INC.
(as LICENSOR)
By. ~J ~
arah S. Rogers ice President
Transmission Florida
Attest: 'e..
. R. Alexander Glenn,
sistant secretary~
:::9"RO.v~
I '?" .0 1
( CRAWFJRo, 01NEN
. & HINES, P.A,
I. BY: /3 c..
~~~/
{4vs Vol t
, 2004
City Of Clearwater (as LICENSEE)
By:
~. L-">'/./
.....,i..a/,..~ .~~.
rian J. Aungst
Mayor '
Page 2 of2
7-13-04;10:S9AM;PARK AND RECREATION
; 7276624.a.25
# 2/ 2
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CITY o,LUE PRINT CD.
t
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P1NELLf.l.,? COUN-l::Y
----'
PINELLA5 COUNTYrLA.
Orr ,REC ,8K 12294 PG 1775
..
...
NORTH LINE
S E. 1/4, SE. 1/4
>-
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.....:
..0
S ooo43'43"W 150;01'
o
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0::
o. 50 100
~
SCALE 1M, 100'
200
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F.P.C, T WE tTTP)
'LEElEND
El'IE!E OF. F.P.C..(FEE-OWIJED) ~/'U
-' i t OF. ~F:C:_ TEO..N,.. LI\JE
E.e.:~A\I;. - ~ee4....
U.G:f. PIPE
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NC52
DREW
SOUTH~AST CORNER
SECTIDN 7- 25 - 16
NB90:;S'10"W 1335.83'
sOUTH LINE SEC.7
SKETCH
ONLY-NOT
A
SUR V E Y SEE SHEET 2 FOR LEGAL DESCRIPTIONS
CUMBEY & FAIR INC. ~
CONSULTING CIVIL ENGINEERS ~
THE
COMMONS
20483 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33875
INGRESS-EGRESS EASEMENT
L YI N G
IN
SCALE ''':100' DA.TE10/15/8S
JOB No. 334 E
SEe, 7 TWP. 29 S., RGE. 16 E.
1---- -
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City Council
Aqenda Cov~.-M.~mor:~ndum
PJ)~ 1
11-8
Trackinq Number: 1,893
Actual Date: 02/16/2006
Subject / Recommendation:
Approve transferring from General Fund retained earnings, the $22,098.81 received from
Clearwater Housing Authority for payment in lieu of taxes (PILOT Funds), to the Clearwater
Homeless Intervention Project, Inc. (CHIP).
Summary:
1. Historically, since 1997, the City Council has authorized the funds representing payment in lieu
of taxes (PILOT) to be appropriated to the Clearwater Homeless Intervention Project, Inc. (CHIP).
2. On June 30, 2005, Clearwater Housing Authority (CHA) paid $22,098.81 for Payment in Lieu of
Taxes (PILOT) funds to the City of Clearwater. In a letter to City Manager William Horne on July
6, 2005, CHA requested funds be donated by the City to CHIP to offset operational costs during FY
2004/2005.
3. In order to allow CHIP to have access to these necessary funds for operational expenses, it is
requested that the funds be transferred from the General Fund, where they were deposited in July
2005, to Special Program project 181-99938, Homeless Shelter. A first quarter budget
amendment will provide the transfer of $22,098.81 from General Fund to provide for this request.
Originatino: Police
Section: Consent Agenda
Category: Other
Financial Information:
~ Other
Bid Reouired? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
Yes
Budoet Adjustment:
No
Current Year Cost:
$0.00
Annual Operating Cost:
$0.00
...
o
..
City Council
~.,,._.,,~enda Cover Memoran~um ._"
<.)~
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$0.00
Aooropriation Code(s)
181-99938
Amount
$22,098.81
Comments
1st Qtr Transfer From General Fund to
Special Project Code 181-99938
Review Approval
Garrv Brumback
02-03-2006 13:28:08
Tina Wilson
02-02-2006 15:04: 15
Bill Horne
02-03-2006 17:57:37
Cyndie Goudeau
02-06-2006 08:34:39
~~
U~.._
City Council
Agenda Cover Memorandum
SVv - \
tl,Dj
Tracking Number: 1,886
Actual Date: 02/16/2006
Subject / Recommendation:
Award a contract to Air Mechancial for the purchase and installation of two replacement air
conditioning chillers for the Municipal Services Building at a cost of $265,114.68 per the City of
Clearwater Bid #05-06 and authorize the appropriate officials to execute same.
Summary:
Air Mechancial was the lowest bidder at $278,000 and performed the installation of the chillers
at the Police Department last year. The difference between the bid price ($278,000) and the
award cost ($265,114.68) is direct material purchase by the City that avoids sales tax charges.
The high efficiency screw type chillers with bronze glow coil corrosion inhibitor are Trane units
model RTAC155.
Originating: Solid Waste/General Services
Section Consent Agenda
Category: Basic Purchasing item
Number of Hard Copies attached: none
Public Hearing: No
Financial Information:
~ Purchase
Bid Required? Yes
Bid Numbers: 05-06
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$265,114.68
Total Cost:
$265,114.68
Aopropriation Code(s)
315-94510-546200-590-000
Amount
$265,114.68
Comments
Equipment and installation
Review Approval
~~.._...'.I~.'.".-"'.M..I.I.....'........I..,a..!. ..~.t.'.lIe.l.r.ug.I........
u~
City Council
Agenda Co_v~r Memora~,~um
Rod Irwin
01-27-2006 07:43:53
01-27-2006 14:11 :09
02-06-2006 11:48:01
01-24-2006 13:39:55
02-06-2006 11:53:42
01-27-2006 11:52:26
02-06-2006 10:06:05
Rick Carnlev
Tina Wilson
Bill Horne
Bob Brumback
Cvndie Goudeau
Georqe McKibben
~~. ..:..a.".t~..r.~u.I'.
u~.~
- -', "",' --- ""..,
City Council
Agenda Cover Memorandum
EN9~5
/, r to
Tracking Number: 1,821
Actual Date: 02/16/2006
Subject / Recommendation:
Award a contract to Professional Piping Services, Incorporated in the amount of $177,704.00, for
sanitary sewer force main cleaning at various locations throughout the City, using the unit prices
established in a contract with Pinellas County, Florida, for Pipe Pigging Services (Contract No.
045-52-B) and that the appropriate officials be authorized to execute same.
Summary:
The City of Clearwater has initiated a comprehensive sanitary sewer program to clean and
rehabilitate pressurized force mains. The intent is to restore maximum flow capacity to the
City's existing wastewater force mains conveying raw sewage within the wastewater collection
system, allowing the mains to function as designed as well as reducing energy costs associated
with pump stations having to pump through partially obstructed lines.
The work included in this contract predominantly focuses on the Marshall Street basin that
includes the beach and western mainland and will involve 49,230 linear feet of pipe line.
Pinellas County, Florida, awarded a contract (# 045-52-B) to Professional Piping Services,
Incorporated of Wesley Chapel, with an effective date of April 11, 2005, for a term of three
years.
Professional Piping Services, Incorporated has agreed to perform these services for the City
based on the unit prices established in the Pinellas County contract referenced above.
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2006 revenue bonds as a funding source were included in the project list associated with
Resolution 04-36.
Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when
issued is available in the Capital Improvement Program project, 0378-96665, Sanitary Sewer R
& R, to provide the funding for this Work Order.
A copy of the contract is available in the Office of Official Records and Legislative Services for
review.
Originating: Engineering
Section Consent Agenda
~_ategory: Construction Contracts - Public Works Originating
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
~&fma~. e'f
u~
City Council
Agenda Coy~r Memorandu~
Bid Exceptions:
Other Government Bid
Other Contract?
Pinellas County, Florida - Contract No. 045-52-B
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$177,704.00
Appropriation Code(s)
0378-96665-563800-535-000
Amount
$177,704.00
Comments
see summary section
Review Approval
Glen Bahnick
Georqe McKibben
01-20-2006 11 :50:35
01-26-2006 10:47:17
02-03-2006 10:27:52
01-25-2006 11:02:19
01-26-2006 12:23: 12
02-02-2006 16:23:06
01-25-2006 11:11:57
02-02-2006 11:34:56
Tina Wilson
Cyndie Goudeau
Michael Ouillen
Brvan Ruff
Bill Horne
Garry Brumback
-.:5iii.:r- N
~~= W-$F.
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1 inch equals 2,000 feel
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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
Professional Pining Services. Inc, of the City of Zephyrhills County of Pasco 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: .
Cleaning and restoring existing wastewater force mains in accordance with the terms and
conditions of the competitively bid and current Pinellas County contract (piggy-backing the
contract) for an amount of $177,704.00.
In accordance with such proposal and technical supplemental specifications and such other special
proVisions and drawings, if any, which will be submitted by the. City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by. the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACfORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACfOR, AGENT SERVANTS OR EMPLOYEES.
FMPiggingContract.doc .
Page 1
Revised: 12105/05
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the perfonnance of work Wlder 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-ofI or
tennination; rates of payor other fonns 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 hereWlder,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 perfonned by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such swns or compensation as may be
due to the Contractor the swn of 51..000.00 oer day for each day that the work to be perfonned by the
Contractor remains incomplete beyond the time limit specified herein, which swn of 51.000.00.Der.
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 swn 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 perfonn 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 perfonnance of the tenns and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such.perfonnance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amoWlt to cover the perfonnance 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 teon and amoWlts 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 tenns and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the tenns hereof shall be completed and furnished to the City in a form
satisfactory to it.
FMPiggingContractdoc
Page 2
Revised: 12105/05
1 CONTRACT
. '. . . (3)
IN TNESS 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.
CITf OF CLEARWATER
IN P\fNELLAS COUNTY, FLORIDA
By:
William B. Home, n
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
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 Slgnmg 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).
FMPiggingContract.doc
Page 3
Revised: 12/05/05
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 su\>.contractors,
laborers and niaterial 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 encwnbrance 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
FMPiggingContract.doc
Page 4
Revised: 12/05/05
PROFESSIONAL PIPING SERVICES, INC.
The Piping System Cleaning Specialists
Certified Underground Utility Contractor
License No. CU-C055717
August 23, 2005
Mr. Scott Oster
Public Utilities Coordinator
City of Clearwater
1650 N Arcturas Avenue
Clearwater, FL 33765
Dear Mr. Oster,
As a result of our site and system inspection on Thursday, August 18,2005 we are
submitting for your review and approval the following proposal for cleaning and
restoring to maximum flow capacity wastewater force mains in the Cities piping system.
For logistical, mechanical and economic reasons we are suggesting that this
potential work be done in phases with the first phase as outlined in this submittal.
From our perspective and based upon our experience, (over 14 million feet of
piping done in our 20 years of operation here in Florida), we are confident that our choice
for components of the system for phase one is both sound and economically sensible.
Currently, our understanding is that the City may wish to "piggy back" our
existing publicly bid contract that we have with Pinellas County for piping system
cleaning. Based upon this assumptiOD, the costs on a per foot basis, that is reflected on
our submitted listing for phase one corresponds with our costing as now established in
our contract with Pinellas County.
, ~
'I
. .- ''\ \
\' 'i" \
;". . ....
"' ." : 1
P. O. Box 7337, Zephyrhills, Florida 33543
E-mail: ppsinc@gte.net
Telephone (813) 994-0032 (BOO) 78()..6098 FAX (813) 907-0902
I ::: I' \:
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('\ If. ,,,,'.1,".;' iIL,:\",N oJ,.' ~~
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-~. -... - -
Accordingly, we are proposing to clean and rehabilitate, 49,230 plus or minus
linear feet, 9.32 miles of force main piping, designated as Phase One, for $177,704.00,
CiqWitirig fu an average of $3 .61 1ft and as detAIled In the submitted Phase One liStiilg.
Thank you and I look forward to hearing from you soon.
Cordially,
Rog Cimbora
General Manager
CITY OF CLEARWATER - PHASE ONE
.,o._c '. CLEARWATER-PHASE ONE~ALLLISTED.LIFI' STATIONS ARE EITBER- 0'-
DIRECTLY OR SEQUENTIALLY CONNECfED TO THE MARSHALL
STREET TREATMENT FACILITY
US# LENGTH SIZE PRICE PER FOOT TOTAL
11 4,500 16" $ 3.75 $15,300
80 500 4" 7.00 3,500
45 8,000 16" 3.40 27,000
45 3,400 20" 3.40 11 ,560
14 650 12" 3.56 2,314
8 1,250 6" 4.60 5,750
81 200 4" 7.00 lAoo
. -. .-~. -
39 1,100 6" 4.60 5,060
39 4,200 8" 3.75 15,750
35 1,000 6" 4.60 4,600
28 100 4" 7.00 700
20 7,000 20" 3.20 22AOO
16 10,000 24" 3.40 34,000
9 2,730 6" 4.00 10,920
10 4,600 6" & 8" 3.75 17,250
TOTAL 49,230 9.32 miles 177 ,7~
-" - ---'--'-- ..--- . __ ._.,_.,_---..d--
Average Price Per Foot- $177,704 divided by 49,230' = $3.61
Professltlna. r"Plng Services, Inc.
P.O. Box 7337
~ FL33543
The advantages and rationale for cleaning all of the force mains servicing a
selected or designated segment of the Cities wastewater pressurized system can be as
. follows.-
1. All force mains in this section will be restored to their maximum flow
capacity which will allow them to function as needed or designed.
2. This optimum capacity for both the individual force mains and collectively
for the designated section of the system they comprise will allow for
accurate and current field data to be used for design and evaluation
purposes.
3. Any weak, -aberrant or malfunctioning lift station and/or its connecting -
force main can be located and identified for information and/or remedial
purposes.
4. Most of the force main system components, Le., valving, pumps, wet
wells, air release pods, vacuum breakers, piping and its conformance with
as built drawings, will be located, used, observed, checked, and exercised
to aid in evaluating their current capability.
5. Putting a system through its paces from lift station to its discharge point,
under controlled circumstances, as is done while cleaning it, is likely the
best way to learn how a system can perform under any conditions.
6. A cleaned force main will result in;
a) Reduced hydraulic head pressure
b) Significant and measurable reduction in energy costs
c) Faster wet well evacuation times
d) Possible elimination of the causes for odors and excess septic
loads.
e) Reduction in pump usage and run times resulting in longer pump
operational life and lower maintenance costs.
f) The means to eliminate the threat of collected gases in the system.
8.
Not cleaning all of the force mains will alter and/or impact the field data
for system evaluation purposes.
. Eve.iltWilly the cleaning of any foree main win benefit the operation as a
whole of any system it connects to!!
The opportunity to establish a base line of data for assessment,
comparative and engineering purposes will be needlessly lost if all of the
components of a collective system or its individual force mains are not
rebab~~~.~~e~co..!ti~o~FOj~~_~ ._ _ . ..__.._.---_-'
". - -- -- -.__.- .-
7.
9.
0-.--- '"- - . --_._" -- -."--'--' .".
ProtEftitiiUnal t"i~ng ServIce8, Inc.
P.o. Box 7337
ZephyrtdIe. FL 33&48
08/~2/2005 14:01 8139070902
P
PAGE 02/19
PROFESSIONAL PIPING SERVICES, INC.
TM Pipjng B,Btem ~ 8JIf1Cit.UUJtlJ
Certiftecl underRround Utility Contractor
LlC8D8l!i '"No. CU.cG55717
August 2~ 2005
Mf. Scott Oster
City of Clearwater
1650 N ArcturaaAvenue
Bldg C .
Clearwater, FL 33765
Dear Scott,
As promised here are;
1. Copy of annual eontnwt with PiDeIJas County for pipiDg system cleauing
mlldi. priciDa schedule. .
2~ Copies of post project reports of some of the force main systems we have
previously done for the City.
. In =urn we are aoticipatiDg that tho City will select foreo .maiDs for the initial
phase, oftbis program for which we can provide our _ 8Dd system iDspecticm and
evaluation in time for these systenis to be c1c:aocd in September, 2005.
'lbank you BOd I look forward to beaJiD& from you soon.
ConIially,
Pipiag Senica, lac.
Ro M~ut. ~~
0eDinl Manager
p. o. ~ 1331, ZephpbiI1I, Florida 33548
E-mail: ppsiDc@gte.net
Telephon$ (813) 9fH..0032 .(800) 780-6098 FAX (818) 907-0902
88/82/2805 14:81
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: PAGE 05/19
....
.-.
."",
PROFESSIONAL p~ SERVICES, INC.
Ths Piping System Cleaning SpecialiB"
CerWled UnderpoUDd Utility Ceutractor
. License ~o. CU..{J()55717
RBPOR.T
CLEARWADR, PLOlUOA
CUSTOMER: City of Clearwater Florida
JOB LOCATION: Pump Statior:t *5
JOB START: AU9u~t 7, 2000
COMPLETION: August 8, 2000
LENGTH OF PIPE: 3,100'
SIZE OF PIPE:
TYPE OF PIPE:
AUXILIARY WATER:
LAUNCH SITE:
RETRIEVAL SITE:
Fire Water
Lift Station 1 pump
.PU~p5 1 & 2
.1 PLUnp/Fire Water
Fire Water Only
Pump '2
6N - 8" - 10"
PVC
Yes
Behind Mall & Steak and Shake
OS 19 next to Denny's
PO-CLEANING
78 PSI
10.5 PSI
13.5 PSI
12 PSI
4 PSI
10.5 PSI
POST C'LBANING
78 PSI
4 PSI
. '/ PSI
6 PSI
o PSI
4 PSI
Highest pressure while cleaning
Lowest pressure ~hile cleaning
Velocity Pre-Cleaning
20 PSI
o PSI
88.57 FPM 1.48 FPS
35 mins.
,
....." .
Velocity- Post Cleaning 29.3 mj"n.s. 10~. 80 'f'Phf . . 1.76 FPS
Material removed was grease, sand, rocks, brick piecQs
and black carbon. Run 112 and '13 tracking pig six-inch
with back-up. Inline location Bnd detection device used
to establish the routing of th~ six-:inch force main..
Number of Pigs Used - 17
NOTE:
p. O. Bax7837, ZephyrlW1s, Florida 3344a
E-uaa1I: ~.n.t
T.,..hnnA omn ~~ (MOl '1~OAA FAX' (A1Hl M7.nM?
08/02/2005 14:01
8139878982
p
PROFESSIONAL PIPlNG SERVICES, INC.
The Piping System C~in8 8p<<:~ts .
Certified UndergrouDd Utility Cootractol'
License No. CU-C056717
RUOl\Y
Cle&J:1f&~, norida
NMGC or LIft SD~:ION: * 1
r.amtCJI S:I!'&:
Sunset Point Road (west end)
RB~ S~: stevenson Ave., & Pinellas Trail
DBSCRJ:ft:ICIf:
1,136' X 6" elP
WLS(S) ~~:
August 14, 2001
no.lBCT DI.D. - I':IBLD BBSUL!rS
n.tJN MDSORRD
PR1lJ-t.I!JUnW:
~ n.~~lIS1
60 PSI
12 PSI
14.5 PSI
o PSI
5 PSI
12 PSI
Fire Water
Pump 1
Pumps 1&2
2 PumpS/Fire Water
.P'ire Wate+ Only
PUl1tp 2 Only
60 PSI
12.5-13 PSI
14.5-15 PSI
o PSI
12.5 PSI
12.5-13 PSI
Highest Pressure While Cleaning - 19-20 PSI
Lowest Pressure while Cleaning - ~-2 PSI
PRE-CLEANING VELOCITY
POST CLEANING VELOCITY
4.27 mins 266.04 FPM 4.43 FPS
3.21 mins 353.89 FPM 5.90 FPS
. PAGE l!l6/19
Pump he~de~ and check valves were plugged up. First SO'
of pipe full of sand and heavy grease. Back drained
heavy grease and solids to wet well. Well had 2 plus or
minus feet of solids around pumps, City attempted to vac
out. System had extensive and hard deposits throughout
it requiring heavy duty cleaning to restore it to its
designed and maximum flow capaci ty._:." .,"
NOm :
p. O. Box 7337, Zephyrhills. Florida 33543
E.mail: ppsinc@ste.net
T..l.nhnn.. lFmn QQLM~9. (JV1l1l"TAnAnQR ll"AY (Al~l Q07J\Q1l9
~8/~2/2005 14:01
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PAGE 07/19
-.., "
PROFESSIONAL PIPING SERVICES, INC.
The Piping Sy''I!1m' Clflaning Speci.o.lit;tB
Certified U~ Utility Contractor
LiceDH No. CU-C055717
RBPOR~
ern- OF CLBARWA1"BR, FLORIDA
.....
CUSTOMER: Clearwater, FL
JOB LOCATION: Pump Station *25
JOB START: April 5, 2000
COMPLETION: April 7, 2000
LENGTH OF PIPE: 5280' .
SIZE OF PIPE: 12"
TYPE OF PIPE: DIP
AUXILIARY WATER:
LAUNCH SITE:
Yes
RETRIEVAL SITE:
Country Side Blvd., West of Enterprise
Country Side Blvd., East of US 19
Fire Water
Lift Station 1 pump
Pumps 1 & 2
2 PumpS/fire Water
Fire Water only
. Pump .2 only
PRB-CI..UNDfG
58 PSI
19 PSI
25 PSI
o PSI
o PSI
23 PSI
POS~ CLEANING
58 PSI
.J. 7 PSI
20 PSI
o PSI
o PSI
17 PSI
Highest pressure while cleaning
35 l:Jsr
6.5 PSI
Lowest pressure while cleaning
Velocity Pre-cleaning'
Velocity Post cleaning
49 min 107.76 FPM 1.80 FPS
43 min 122.79 FPM'.'4t..OS FPS
'.
NOD:
Material brought out, sludge and bl~ck carbon
During.the course of cleaning this system a break 1n the piping
occ'urred in the prox.lmity of the ex1ting manhole. Subsequent
. investigation' revealed that the piping in this area had been
subject to acids attacking the pipe wall leaving it in a perilous
operating condition best described as ~paper thin" pipe wall.
p. o. SOl: 78S7, Zephyrhme, ~rida 83548
E-mail: PPlIIiJ1c@gte.net
Teleohone (818) 994-0032 (800) 780.6098 FAX (818) 907.0902
08/0~/2005 14:01
8139070902
p
''.
PROFESSIONAL PIPING SERVICES, INC.
Th.. Piping System. OZeo.ni1lo8 Specialists
Cert:ified U~d Utility Contractor
LiC8D88 No:CU-C055717
RBPOR~
CX!Y OP CLBARWA.e.rBR, FLORIDA
"
CUSTOMER: Clearwater, FL
JOB LOCATION: Pump Station i27
JOB START: April 3, 2000
COMPLE~ION; April 4, 2000
LENGTH or PIPE: '1,200'
SIZE OF PIPE: 4"
1YPEOF PIPE: CIP
AUXILIARY WATER:
Yes
LAUNCH SITE:
RETRIEVAL SITE:
. Enterpris,e Rd." Wost of Country Side
Country Side Rd., East of US 19
Fire Water
Lift station 1 pump
Purnp~ 1& 2
2 Pumps & Fire Water
Pump 2 Only
Fire Water Only.
PRB-cLBANING
58 PSI
24 PSI
o PSI
o PSI
24 PSI
19 PSI
POS! CLEANING
58 PSI
.14.75 PSI
o E'SI
o PSI
20-21 PSI
15 PS I
Highest pressure while cleaning
Lowest pressure while cleaning
30-40 PSI
6.5 PSI
Velocity Pre-Qleaning
Velocity Post cleaning
12 min 100 FPM 1.67 FE'S
6.36 min 188.09~. .3.13 FPS
, ,
'.
NO~:
- .
Material brought out, blac~ carbon ~nd grease
p. O. Box 7837, ZephyrhillB, Florida 33643
, E-mall: ppsiDa@gte.net '
TeleDhone (8la) 994-0032 ,(800) 780-6098 FAX (813) 907-0902
PAGE lilS/19
08/02/2005 14:01
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PAGE 09/19
PROFESSIO~AL PlPlNq SERVICES, INC.
TM PipinB Syatml ~ specialists
Cert:i!ied u~ UWity ContNetor
Liomse No. CU-C055717
~
City of C1euwater,
. ~,'t;m L%ft ftA!l!IOR:
~ump Station 153
'.
~ SIft:
CurJ-ew Rd., CLnd M~ullen Booth
~ SI~: Wastewater Treatment Plant Qn McMullen Booth & SR
580
LBRcnB 0-. P%PB:
SI:ZB/'nPB PI:n:
nM3(S) G~:
8,000'
16" pve/OII? .
Janua~y 17, 2002 - February 5, 2002
~ DaB - nJIU) RBSVL2'S
?LOll . MUMJRBI) PRB-"" "-..na POS'! """~SRD1G
Puznp .1 27 PSI . 26 ~Sl
Pump *2 26 PSI' 26-27 PSI
Pumps 1 & 2 34 PSI ,. 32 pSI
:"
PRE~CLEANING VELOCITY '57 miJ)s, 140.35 FPM 2.34 FPS
POST CLEANING VELOC!TY '41 mins' 195.12 FPM 3.25 FPS
f'OI'W. "",lilTS \
The cleaning brought out black aarbon, odor sludge, sand and rag
material. It shOuld be noted that the poly pigs were gettinq
trapped in 30"~e~11eetor and oollection structure by flowinq
sand, rag an4 hair in large amounts, all poly pigs were
recovered. I.
p. o. ~ 7937, z.pbyrhills. Florida SS543
E-mail: ppsine@gte.net
'feleohone (818) 994-0032 .(800) 780-6098 FAX (813) 907.0902
0e/02/2005 14:01
8139070902
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PAGE HI/19
...
f'
PROFESSIONAL PIPING SERVICES, INC.
The Pipi,1&8 Syttcm .Cleani~. Specialists
Certifted Unde1'Jl'OW1d Utility Contractor
Lic:cse No. 00.0055717
dPOR'1'
.r'\
" I
I:
Cj, ty of C1earwater
NAMB 01" LIJ"l S'lATION: #55
IJWNCB SIn:
LIS *55 29000 Block South of ,Curlew Road
~ S:I~: Merlin Dr., & Curl.ew Road
LERG'.rB 01' PIP.:
SId/nD PIPS:
DAft (8) CIANKD:
9,400'
12" P\TC/DIP
Nov 5~9, No~'12-l6, Nov 19-21, Nov 26-28,
Dee 3-4, 2001
~ROJ&C![' DAB - FIELD REStJLTS
l!'LOW MBASm\BD
Pump 1
PUltlp 2
. fumps 1 &2
ftB_M.2\GJf~
19-22. PSI
21-22' PSI
25-31 PSI
POft' t"T,"~;pa-G
Non-Operational
19.75 PSI .
Non-Operationa-l-
PRE~CLEANING VELOCITY
POST CLEANING VELOCITY
S9mins 159.32 FPM 2.66 FPS
39 roins 241.03 FPM 4.02 FFS
C~S.
prior to the onset of the cleaning procedure, this system was
anticipated to be ~dirty", i.e., containing sand, silt, rats, oil
~nd graase, "F.O.G." and similar typical waetewater contents in
varying but operational tolerable amounts and volume. .
There were no empirical or externally detectable indications that
what would be eventually found in this system would greatly
exceed the e~pectations of its operators nor the staff of
Professional Piping Services, charged with its cleaning and
rehabilitation.
For example, the volwne capacity of 9,270 plus or minus linear
feet of a 12" CI~, force main is about 270 cubic yards. During
the course of the cleaning operation, collectively it is
estimated that as much as a 50-60 cubic yards of solids, sand and
grease were removed from this system, under arduous circumstances
at varying locales and times.
P. O. Bo% 7337, Zephyrhills, Florida 33543
. E-mail: pp.;inc@it8.net
'1'lllllllnnnnlll un~n ~-On~~ (AOm'1AO-"nAR FA"" rf:n~n Qn'1-0q0~
08/02/2005 14:01
8139070902
p
. PAGE 11/19
,..
.r,
I,
.~
Although, eh. prima~y matori~l ramovQd W~g charaatQri2Qd ~g Q4nd,
(with some unusual physical properties), large slabs and chunk~
of congealed and sedimentized gr~ase, (some in 4-5 foot
sections), were also encountered ..and were a major element in the
difficulties dealt with durinq tne CQurse of the cleaning
process.
These factors changed what was anticipated to be a routine or
. standard cleaning operation using long established means,and
project proven methods for its rehabilitation into an extended
and extremely diffioult operation' requiring a massive effort and
'dedication on the part of everyone involved.
Despite the difficulties, extended effort and additional coata
requi~ed, this is what was achieved.
1. The system was successfully cleaned and restored to its
max~um flow capacity.
2. Inline velocity increased from 2.66 FPS to 4.02 FPS
3. Pump discharged head pressures were significantly reduced
4. Perhaps the most consequential improvement was the
empirical observation of ~he flow volume at the end of
this force main.
. .
Pri9r to cleaning the discharge flow was noted as a weak 4"
stream. After cleaning the flow was a full bore 12" flow which at
times threatene~ to surcharge the connecting gravity system. With
the new south pwnp installed by the City, the re8ulting flow with
this pump operating only, was calculated at 1,300 GPM.
08/02/2005 14:01 8139878982
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. ,.
, i
." . .
PROFESSIONAL PIPING SERVi'lfES, INC.
,
, The Piping System ~ 8per:WliBtB
CerWJed Ul1derpo\Q1d Utility Contractor
Liolmse "No. cu...coOS717
RIJQI!I!
Cleu:wattir, ~~i.cJa
.:Ju1y " 2002
.:JOB LOCAnOM: Pump Station *9
I.AUNCB SID: Bruce Ave., , Lantana Avenue
U!'1\%BVAL SJB: Mandalay Bay & Bayinont
~"dOJf' :rD'B;
SXU/WPB 1>DB: .
2,730
6" elP
4,600'
7,330'
6&8~ eII?
Jm,D(S) t!l'1~:
5-29-02 (Start) 07-02-02 '(cmupletion)
I:tG:llBft PMSSUU WIIXLB ~; 30 PSI
I.OIIBS'1' ftOIlSSOMB wsn.a CUWlDQ: '9-10 PSI
~ IWfA ... n8U) ~8
PRE-CL~ING VELOCITY 42.0 mins 174.52 FPM 2.91 FPS
POST CLEANING VELOCITY 33.0 mine 219.33 FPM 3.66 FPS
FU:M ~ ..~ JilOft ~
. Fi:J:e Water
E'ump :J: 1 19-20 PSI 12 PSI
PumpS t1 & .2 24.5-25 PSI 20 PSI
2 Pumps & Fire Water o PSI o PSI
Fire Water Only o PSI o PSI
Pump 2 only 17.5-18 PSI 12 PSI
1W.rB :
Material removed was s~nd and sludge.
. P. O. Box '758'1, ZephphillB. Florida SS54S
, Ji}.JIUIU: pPIiDc@ste.net .
rr..~'hnnA tIn'", QAL.OOa~ tAM' '7AOo1lOAA ll'AY nmn flO'7-MmJ
. PAGE 12/19
08/02/2005 14:01
8139070902
p
;J
''l..o: ' '--
PROFESSIONAL PJ;PING SERVICES, INC.
~ The Piping s,6Iem Cletming 8pfcUJliBtB
CertUled Unclergrow1d uUW;y Contractor
Li~ No. cu-coM717
~
.Cl.~'Wr, I'l~:i.da
3a1y 7, 2002
JOB ~I~: l'Ump Station ..'0
LNJRC:B SnoB: Lantana Ave., & Ve~tena Street
~ SIB: Handalay Bay " Baymont
~~II or .DZ:
SXD/~ PD'B:
4,600' .
6" & 8" eIP
~(S) ~~..-n: 5-29-02 (Start) 07-02-02 (Completion)
BIGBZft ftBSSOBI1fIII%.B ~.lI!QDQ: '25 - 30 PSI
LOaa'! PR1JSSURJI. IIIII3 CL1U<<D1G: 8 - 10 PSI .
~ DAD. .;. I"XBtD RlSVJ:.D
PRE-CLEANING VELOCITY
POST CLEANIN~ VELOCITY
JfUJfI ~
28.0 min. 164.29 FPM 2~74 FPS
27.0 ~ 170.37 FPM 2.84 FPS
~
:fOrt CLBMm1G
Fire Water . 60 PSI 60 PSI
Pump .1 10-10.5 PSI 7 PSI
Purops i1 , t2 18.5-21 PSI 14.5 ~SI
2 PumPs , Fire Water 0 PSI 0 psi
Fire Water Only 0 PSI 0 PSI
Pump 2 Only . 10.5 PSI 7.5 PSI
~: Material removed was sand, sludge and rags.
P. 0. Box 7337, zephydWJa, FJoricla SS648
E-mail: pp..l~o@gte.net
m_._,"_~ 10111'1 nn.. nnv.. IOM\ '1On anoa 'RIAV fCl11t' on.,..nan9
PAGE 13/19
, 88/82/2005 14:01
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PAGE 14/19
-.
..
PR~SSION.AL P~ING SERVI~S, INC.
Ths Piping System 'qlear&i.n8 Specia.lists
Certifted l1Dder~d tJtilit.T Contractor
License No. CU-C055717
~
CJ.eaz:wa.ter, rloz:ida
Kay 1S, 2002
JOB ~IOR: Off US 191n Cove Kay Lift Station;#37
LAIJNCB SIft: Cove Kay Condos
RB~ S%T8: US 19 in Utility ~qht-A-Way
t.BNG'nI OP PXPB: 2,600
SIZB/nPB PI.:
6" PVC/DIP
5-15-02
~2! DAD. · nBLD DSOL'tS
DAD (9) r.'ul!:I\1IBD;
'l1u:Jf( MBAS1)~ PRB-CLBDnlG POft CLIANDIQ
Fire Water 60 PSI 60 )?SI
Pump' 1 12-14 PSI 8 PSI
Pumps 1&2 o PSI o PSI
Pumps 1&2/Fire Water o PSI o PSI
Fire Water Only 10 I>SI ' 2 PSI
PUD\P #2 12 PSI., 7 PSI
PRE-CLEANING VELQCITY 12.35 mins 210.53 FPM 3~51 F~S
POST CLEANING VELOCITY 10.36 ndns 250.97 FPM 4.18 FPS
Highest Pressure Cleaning 14-15 PSI
Lo....est Pressure Cleaning 5-7 PSI
NO'!B :
Material removed was sludge, sand and hard carbon at the
~nd of pipe. It should, also be noted that' 4" does not
ha~e fitting on end for' hose connection. Pig port and
rouqhservice isolation valve are in double meter box in
sidewalk.
P. O. Box 7337. Zep~yrhiJls, Florida 33643
E-mail: ppalnc@ite.net
"""hmnnnA (R1~) 994-00~2 (ROO) 7RO-A09R FAX (818) 907-0902
08/02/2885 14:81
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PAGE 15/19
i-L, \'.j
PROFESSIONAL PIPING SERVICES, INC.
The Piping Syst6m Cleaning Specio.listJ
CertUied Underground Utility Contractor
LicenBe No. CU-C06G717
RJU'OItr
Clearwatar, Florida
~y 17 - "y 20, 2002
JOB LOCM'ZOI1: Pwnp Station #12
LADRCB SID: Corner Oseola Ave., & Nicholson Street
RB'!.aIBVAL S~i Nicholson St., , l?inellas Trial
L1!:NGTII 01' PIn:
SIZB/ftPB PIPE:
DATE (S) t"'T.1Z~:
1,692
6" CIP
5-17-02 - 5-Z0-02
~ DAD ...: I'IBLD RBSUI.1'S
1i'LCM MDSURBD
n&-M.R\IJI5G
h.l
POS'l' CLBANING
Fire Water
Pump 1
Pumps 1&2
Pump51&2/Fire Water
Fire Wate,;- Only
Pump #2
PRE-CLEANING VELOCITY
POST CLEANING VELOCITY
60 PSI
18 PSI
22 PSI .
25 PSI
16 PSI
16 PSI
60 PSI
9 PSI
13-14 PSI
16 PSI
9 PSI
9 PSI
4.00 min5 423.00 FPM 7.05 FPS
3.40 mins 497.65 FPM 8.29 FPS
Highest Pressure Cleaning 90 PSI
Lowest Pressure Cleaning 8-9 PSI
l!fOm :
Material removed ~as qard carbon in last 150' of pipe.
Pumps have excessive blow by, Pump #2 check valve leaks
back to wet well. It should also be noted that force
main routed different direction than originally thought,
(see map) .
P. O. Box 7937, ZephTthills, Florida 33643
]jl.UJeil: ppeinc@gta.Det
101.1._1. __ _ 'n~.., nn~ ""'~n 'ftnn, "on Dnno 1l'A'V '011)' nn" nnnll
08/02/2085 14:81
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PAGE 16/19
\L, -J' ,
PROFESSIONAL PIPING SERVICES, INC.
The Piping System Cleaning Specic.lists
Certified Underground Utility Contraetor
LicelUl8 No. '00-0055717
RBl'Oa!1'
Cleu:wa~, J'lori-cia
Kay 21, 2002
JOB I.OCATJ:OR: Pump Station *15
;
,
LADNCJI SXI,1'S:
Hazelwood Drive
~ srm: Country Side
LDlG'.rB OF PIn:
SIZB/nn PIn:
DAD (S) CI.1!N1BD:
1,875
4" eIP
5"':21-02
460'
8" eIP
PItOt.lBC'l DM'A ..; J'IBLD RBSULTS
Fire Water
Pump 1
Pumps 1&2
Pumps 1&2/Fire Water
Fire Water Only
J?ump *2
PRE-CLEANING VELOCITY .
POST CLEANING VELOCITY
'.
P1U!:-I'"T.1DUttRG
60 PSI
27 PSI
31 PSI
o PSI
B PSI
28 PSI
POST "-'12WDlG
60 PSI
27 PSI,
30 PSI
o PSI
6 PSI
26.5 PSI
. FWfA MBASmUm
13.26 ~n5 176.09 FPM 2.93 FPS
B.19 mins 285.10 FPM 4.75 FPS
Highest P~essure Cleaning 40 PS~
Lowest Pressure Cleaning 10-12 PSI
NOO!B :
Modified pump header for pig port.
., .
p. O. Box 73:J7, ZeplUrrhills, ll'lorida 8854a
E-mail: ~C@ste.D8t
....1_1.""... (~,.., QQA.MQO (Ann' '7An.AI\OA 1;'6 Y flU ~n an'7J\Qn'.l
08/02/2085 14:81
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PAGE 17/19
L ' .'
, "-"
PROFESSIONAL PIPING SERVICES, mo.
The Piping System:Clefm,ing SpecilJli$ts
Certified Undergro@d Utility Contractor
Licmuw No.. 00-0065717
~
C~eau:water, Floz:ida
Hay 21 - Nay 22, 2002
joB ~Iaf: Pump Station *6 - Run One
LADNCB SID: Woodlawn & Hamlet
BB2R%BVAL SIB: D Stre(;)t & Pinellas Trial
LDTG'M OF PXPB:
SIU/nPB PIn:
DAD (8) Cl.lI!~:
4,460
6" eIP
5-21-02 - 5-22-02
PRO~ DAD - ttBLD RBSOLTS
rLOJI ~
P1UI-l"T.~~G
Fire Water
Pump 1
Pumps 1&2
Pumps 1&2/Fire Water
Fire Water Only
PUIt\p i 2 .
PRE-CLEANING VELOCITY
POST CLEANING VELOCITY
"
60 PSI
15 PSI
18 PSI
o PSI
o ElSI
16 PSI
12.02 mine 371.05 FPM 6.19 FPS
10.56 rnins 422.35 FPM 7.04 FPS
Highest Pressure Cleaning 50 PSI '
Lowest Pressure Cleaning 14 PSI
NOTJ:.:
Forc$ main had a couple of spots with material blockage
and carbon build-up. Located main line valve at railroad
ri9ht-a~way valve at Martin Luther King was closed had
to exercise valve to op~rate, modified inside valve box
for piq port. '
P. O. Box 7337, Zepbyrhills, Florida 33M3
E-mail: ppsinc:@gtO.D"t
1W\.1....\._.. IQ1 0' 00'" ,nnql) laM' '7RnAnOA 1l'4V IR1 Q\ 0Il7.non9
) 08/0:2/2005 14: 01
8139878982
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,I
\J..,.. ' ,-'
PROFESSIONAL PWING SERVICES, INC.
The Piping S"wn Cleaning Speci.cli8t8
Certified Un~d Utility Contractor
Licente No.:CU~55717
It1IPOm
Clearwa't:er, norida
Nay 22, 2002
JOB ~IOR: fump Station 16 -'Run Two
i
LAmlCB SID:
Woodlawn & Hamlet
p'J'lUBVAL SJ:TJ!':: Woodlawn & Martin' Luther King
~B OF Pld:
sxa/nPB P%PB:
DAD (S) C"I.~:
1,985
6" elP
5-22-02
~ EWrA "":- I'IBLD USOLTS
FU:JW ~ PRI...~G iOST ~
Fire Water 60 PSI' 60 :PSI
Pump 1 , 14.5 PSI PSI
Pumps 1&.2 17.5 PSI PSI
Pumps 1&2/Fire Wate~ 19 PSI o PSI
Fire Wate~ Only o PSI o PSI
Pump #2 15.5 PSI" PSI
PRE-CLEANING VELOCITY 8.24 mins 240.90 FPM 4.02 FPS
POST CLEANING VELOCITY 8.07 m.tns 245.97 FfM 4.10 FPS
Highest P~e88ure Cleaning 20-25 'l?SI
LOwest PreSsure Cleaning , 14-15 PSI
PAGE 18/19
NO'.IS :
Hard carbon at end of pipe, material in force main very
septic and sludge build-up.
.'
p. O. Box 7337, Zephyrhills, Florida 83543
E.mail: ppsinc@.te.net
"'",lA_""A_~ ro..--.' ,..,,~ I,,\~I) ,.on~ ..,on c:nnljl 1;'","'010' (\^11 nnn"
, 88/~2/2885 14: 81
8139El7El9El2
P
~, . ;
PROFESSIONAL P~ING SERVICES, INC.
The PipiTLg Sy'fen1,. Cleaning Specialists
CertUled Underpwn.d UtJlity Contraetot'
LiwDM No. CU.OO5~717
UPOH
Cl.eazwa~, Florida
~ 28 - ~ 2g, 2002
~ J,OCM!IOR: Pump Station' #43
~CB SITS: Nursery Rd., /& Maple Forest Road
~ sz~: utility Right-a-W~Y off Williams Court
LDCnB 01' J?ZD:
sxzs/'l"l'R lima:
OAD(S) cr.1lQBD:
1,970
B" pvc
5~28-02 - 5-29-02
PRQrJJ!lct DJ\D :-- I'DID _sm.'.rS
J!'1.DR HDStJI(ID
PD-CT.-.r~D1G
60 PSI
4 . 75 PSJ:
5 PSI
12 PSI
o PSI
4.5 PSI
POST t'!l.lI!QING
"
60 PSI
2 PSI
4 PSI
10.5 PSI
o PSI
3 PSI
Fire Water
Pump 1
pumps 1&2
Pumps 1&2/Fire Water
Fire Water only
Pump .2
PRE-CLEANING VELOCITY
POST CLEANING VELOCITY
12.00 mins 164.17 tPM 2.74 FPS
11.56 mins 170.42 FPM 2.84 FPS
H1ghest Pre~8ure Cleaning 20 PSI
Lowest Pressure Cleaning 2 pst
PAGE 19/19
Mate~ial remo~ed was carbon, grease and sludge. Modified
piping for launcher port, installed permanent en port.
Gravity manhole cover at retrieval site for Station #37
& Station #43 are rotted to point of being very
dangerous.
NOTE :
P. O. Box 7337, Zephyrbills, Plorida 381543
E-1Uil: ppdDc@gte.D.8t
Talon'h,..". (R1~\ Qcu.pM~? (RM\ '7M.AOQA trAY (R1 ~\ Qfl7..oQ(l?
0B..~3/20E1.5 14: 44 8139878982
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PAGE 01/09
PBOPESSIONAL PIPING SERVICES, INe.
TM Pipilll s,.t.m C/IJaning 8pecitJlm.
Certifted Und81'lfCNlMl Utility Contnlctor
LtCeJ"lA No. ctJ-OOtI6717
TO:
Scott Oster
City of Clearwater
FROM:
Roger M Cimbora
General Manager
DATE;
August 2, 200'
The information coatained in 1his facsimile ~illAion is mtondfJd only for the use of
the individual or entity ~ and may contain iDformation that is privilcpd or
CODfadential. If the reader of this D1CSI88c is DOt the iDteDded recipient, or the employee or
. agent respoDSible to deliver it to the intewW recipient, you are hereby notified that any
~OG. distribadon, or copyiDs of this ~.micatioD is striotly prohibited.
Receipt by anyone other than the infeDd...d rccipicmt is not a waiver of BOY attomey.client
or work pl'Oduet privilege. If you ha\'c ~vcd this communication in error..pleasc
discard this material in a SCO\IIe m..-.ner. Thank you for your QOOpcration.
9Pagesinc1udlDlcover
Hard copy to follow in mail
P. 0. Baz 7381, ~ FIortda 33M3
E-1D8Il: ppdnc@gte.net
TelepboDe (818) 9M-0082 .(800) 780-6098 FAX (818) 907.()902
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PAGE 02/09
GENERAL
1. SCOPE
. The Gcmeral Provisions contained in this sedioD In iDtended to be cooperathe with, aDd
to supplcmeot, or to modify 0e0eIal CoDdJtlom.
The Contractor sbal1 provide project proven poly pig pipe cleaning procedures to safely
and effectively clean and restore to their roaximum flow capacity. piping systems whose
contaItS or inIiDe opemdDg COIldiUODS impUr their tbncUODiD& by reducing their volume
capacity. lNDinar flow characteristics or DCgBtivcly impact the quamity or quality of the
flows transported through them.
SystaDS which may require cleanioa are;
a) Potable water
b) Raw water
c) W~
d) Reuse wa1a'
. 0) Leachate water
o Sludge systems
g) Siphon
The materials to be removed. in these systelbS are bowD to be but 1ft DOt lbnitcd to;
a) .'Foreign" materials including solids and construction-oriented debris
b) Scale, chemical and carbon deposiu
c) Iron tnbemJla1ion aud calcium deposits in many forms and degrees of....~
BDCi btadneu .
d) Sand, sludge. silt, slime and bentoJ1ite
Types ofpipiDa in sel'\'Wc in the City of CJearwamr include Clast iron, ductilo iroD, carbon
steel, IIDP~ ubestos cement and PVC
2. LOCATION OF PROJECT
The Pmject is located in tbe ..... &ewa' aod m:Jaimed service areas of City of
C1euwater Utilities (PiDd1a8 ComIty). Flarida, and is to be situated on the City owned
property aDd in streets or euanadS.
3. PROJEer SCOPE
Provide all supervision, labor.1Oo1s, ~OD, mataialaDd ~ ~ to
clean the JD8SUft' pipeliDe or fon;e main, using poly pigs aDd aD approwd poly pig
prooeduro. Ins1Bll all items requinxl, iDcludmg the poly pig law1cbing and retrieval
devices as n:quiml in this specification and the furni$biPg of poly pig swabs and poly
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PAGE 1113/1119
7. MfE1Y CODE REO"QIRBMENTS
The ConttaCtOr sba11 at all times during pipe plgtDg operations conform to Occup81ional
Safety and Haalth AdmiDistratioa (OSHA) and all other applicable safety codes or
standatds. No lIdditional ~ will be aDowed for OSHA or other I8fety code
standaRIs or mq1iBaDlSrts. The Cu~ sbI11 \lUdfo.rm to traffic eontIOl ~
of the S1a\e of FlorIda Dep8rtment ofTlIIIIpOd8tion at all sites within roadway right of
ways.
8. ORDER.&TIME OF WORK
1'he City of CIearw8ter Utilltia reBWS tho riaht to establish the specific ~ in whieh
. the WOJk is to be comp1etecL All clelDiDa ml piainI ahaI1 be perfo1med duriDa dayIiabt
houn of 7:00 am. and 6;00 p.m., UDlcu die Site Rqnsentad\le authorizes other hours.
9. YOt,.UMB OF WORK
1bc City C8IIIIOt asue tho CD*adot of lIlY IIUIDbc:r of syItaD8 or amouat ofpipina to
be Cleaned durbtg one mobilizIdioD << for the JaJath ofthc c:GIItnICt paiod. All work will
be done on 8D 81 needc:d bail.
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PAGE eJ4/09
10. EXBc;unQH
A. Tbe IDIIaiaIs BOd work specified braiD sba11 be furnisbed 8Dd pAfuDned by
films who are tully experienced, repdablo, IDd qualitied in the ~~"'''~ue,
. insraUadon and use of the specified items. The materials specified sba1l be
constracte4 ~ installed in aecordaDce with the best practice and methods
B. The WOIk will. be provided by a CoatIactor who bas the fol1owiD8 cp..UAcatioos.
1. CUIICIlt and in force liceuse by the State of Florida as an lJndersround Utility
Contractor. The contractor sball provide evideIP of qualification by .
provicling copies oftbdr.. ~ 01' &aaaeto pa~ M:h.....k as
bcrdn descn'bed. Such ~~.dJdiOll must be incluclecl as part of the proposal
pacbae.
2. All project pc:noDDCl sbal1 be in compliJN'2 with OSHA 29 CPR 19010.120,
Safely Training
3. All project personnel shall be in compliance with Florida Law, Chapter
287.087 aud the Florida Worker', Compe.osation Standard. Drug-Free
W~ Plogram.
4. PIovide adeqUld1'l ioJurlU1(jC ~ wbieh includes;
a) CompIeheDsi"" General Liability ($1.000.000 ead1 ocx:um:ace with a
$2,000,000 asp-egatc)
b) Worla's Compen-tlon I8nDce
c) Automobile UabiJity r.-..- ($1,000,000 ad1 OCCUII'CIM:C)
11. CONfRACTOR RESPONSIBILlTIES
A. Sa.,. riMa -1here sbaIl be on-site at all times durina the WOIk, ono
supcriai...radll':nt with a Idh.budUa oftiw yeIl'S superYisory experience to suney,
lay out .md supervise the construction of the work under this ConirlCt
B. Prop.led M..... oIWork - Tbe method of ck-nn.g shall be by me ofpoly
piplor swabs. Tbe ~ sba11 tumish poJyumbanc pipe clcaDiDg pip of
the ~paUi'liam ~ aud covering material for use In tl1e pipe ayIUID to be
olelDlCl.
c. Or-" - 'Ibe cI--n.g1lllall resIOIe 1bD oriaiDal flow ~ ofuew pipe
wi1bout over a1ndios or over c~ the intaior waDs oftbe pipe.
D. . Eqlllp...t -lbc ~ eball NmiJh pia-1aJ~.hi1\g cquipmcdt., whid1 will
minimize the County', need to povide for addlliOlMll valvin& fittiDp IIld
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81mlliary water SUppUes. Said cquipoalt sbaU be of1hc ... datip-
00DStrUeti0D. end sball iDolude the IDII8DS to ~ oonscaut IIlODitoI'iD8 oftM .
. in-~ flows 8Dd pressures of the system beiDa cleaned aud the CODStIIIlt location
oftbe deaning pigs in the systaD. The ~ 8ball maintain 011 site for the
duratloo ortbe project ad have IYIiIabIe for ~ UIC .. clectroDic pig
detecIor 'With the appropriateJy sized cavity poly pia for.. iIl1he &yIIaD beiDg .
cleaned to provide a moaD& oftmcina the pus. of tho pia in the I)'ItaD to
locale lIeU of poten1ia1 or suspected blodtaae and to fiDd "lost" valves and other
displrides within the ~ ~ of1hia equipment will be required as
part of the bid submittal.
~g and ratrieval devjgas abaU be ~ clcaiguad and 1DIIIlWactured.
aooordiDa to ANSI staDderds and oapeb1e ofwithetaDdiq WOJkiDg pl'~ of
ISO P.S.LO.
LaUDd1 and receiVing tubes &ball be fabricIk:d of steel; pipe sized one diameter
larger 1h8D the system to which it will be IIUWhed wi1h. minimum 10Dgth of2.S
times the diameter. For poly pig ~"" and ra:civms twel~inch or small. in
size. steel wall thickness shall be . miDimum of five-sixteeDtbs inch. For poly piS
J~~ and receive.rs fourteeD.indl or Jaraa'. wall tbkbeas sball be a .
minimum oftbIee eights inch.
The Contl-a<<or shall mai.ata1n on site for 1hc duration ofthc project aod have
avaiIablo fot immediate use centrifUp1 pumps and high proume water jettiDg
equipmeat.
F. T.tlal- The Contractor shall ~ ~i. aod post-oJ-n., flow
testiDg to det-IM sizes, types, daIstties 8Dd IlUIIlben of pip aadlor swabs to be
U8ed, to eatabliah the ID.ClIIDI ad pvcoduret to propcldy a.cl sefoly c1cNm tho
pipios. to cwlU8tc the system and to measure the dects of the cleaaina
opendoD.
Tests sh8Il include iJl..Iiu veIoc:ity DI volume capacity calculatiom &ad allY
oth<< testllS may be required to pvpCdy 8Dd safely pedmn tbe work UDder tis
Comract.
O. CO-_.....dn. -The Coo.t~ rbaI1 provide radio COIIlDIUIIioIti and job
site ta-.-Wlao bet1UaD J.ugr.hl"la rarieval poiDIB.
H. Report .a CoaapIeIIH - Tbe CoDtlaetor sball prondo a writteD roport upon
completion ofJine cleaniDg to outline aDd detail information acquired durius the
c1eaaiDa process about tle system or to 00DfiJm e:xiIri11g infonDa1ioo.
I. DIIiBfedioIIIC........... - The Comractor sba11 provide, for those systems
. whcm diaiDfcctiOD it ~ or requimI, a plan to provide thc8c scrvkics in .
~~ with all appliCBble A WW A !It8Ddards.
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PAGE 06/09
1. Work Ana -The CoDtIaetor sbaU ~j,J~ tho eJDuelIlt flow:hm the
. a.tJected systaD. This sbaU iDe)ude use ofhay biles or sik feoca to ]RV8Dl the
dispersal ofwater and scdimaat from adjar.eot private property. The Contractor
sbaI1llso implement and provide a CoUDly approved method of containing the
. 9011d81~lments ~atGd from tbe pigiqg operation.
lC. SetIbIs COIItnetor Eqtdp_.t -'!be Co.4tnIctor sball provide all equipment to
hoist, move or set their own equipmem on site.
12. SYBMIlTAL
A. In ~ with the GeDeal ~ IIDd as spect&cl horcio, submit to the.
R~nMr for review. oomplete detailed inbm8tion incJudina shop drawings as .
required, literature, and other pertineDt infcxmation relatiDg to the iDstallation and
operation of pressure pipeline oJMftil\B devices _ appurteDIDce8.
13. P&QDl1crs:
POLY PIGS
A. Poly pip sball be consttucted ofbloWD ~ polyuretbaIiD with 8D open
oell C088tmctioa and. a density equal 10 or ...,Je for ute mUle pipiD& sy3tem
beiDa c1emed. Poly piS collfigwation sball COASist of a pnbolio no&e and a
concave base, and it sbaU be coated with lCSilient surface material that will
~ a peripheral :sea1aDd will dfecIiwly clam the pipios syJIem wi1hout
over 8bnIdioc die interior pipe wall Q.' appIOWCl equal. Poly pis cbaracteristics
wbmL in use shaU include the abIHty to DBVipte tbroush DiDety d~ 8Dd. one
hundred 8Dd eipty dosm= turDs, bi-directioaa1 fittiDp, fbU port YIlwI and
. compabJe in-1ine ~~ reduce its ClOSS ~.... 8Dd.reetofe i1sOJf
to its oriaiDal desip ~ be pJOpCl1ecl by appIicatioos ofhycbu1ic aDd.
pneumatic pressure while mahltainina ita primary function as an iDtcmal cleaning
device of c:oDdui1s. When effecUveJyaud properly applied the poly pis aball
deaa.1IlCI restore pipioa sy.-s of all sJzes, typeS. uses, aDd leugdls 10 tbmr
desip or maximum flow C8p80ity.
Fumish poly pip in suftioient numbers _ sizes, of approprlate deDaiues,
~ aad COfifipndons as maaufiIctured by Knapp Polly Pip of Houston, .
Texas or lID approved. equaL
Provide pis BipaI dtMces IS required aad abown OIl the cJmwiDas. TbeIe devices
sball be those as "'"'~ by MaloDBy Pipeline PmcIuds, Houstoa, Texas or
an approved equal.
14. EXECUTION
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PAGE B7/El9
A. Co~ will_It, ju ~ 1ri1h the Couotics dCX,qpultM Pro,jcet
AI'"'....-, iD ~j.i... the desiaD of the cle8aiD& procedure iDc1udioa the
provision of
1) Sdaction of sIBrting aDd eadiJ)a points for the deaiD& process.
2) Evaluation of total volume of Suids to be uacd and the diaposal8lld the
source(s) ofthe.e fluids.
3) Mer.~caJ or pipio& adapIation to the cxistioa pipioa OODfiplldion.
4) Coordination 8Bd ~uling of the deaoios p1'O(iCSS to include selection of
the distaDNltl aod sizes of the pipiJJ8 to bo cleaned as ono procedure.
S) Imm..maho!\y avaihlble altana1iw ~ to be applied if the cleaoiDa of
. the system 1'flquires such ~ IdioD.
B. Equipment ahal1 be iDstalled in ~ with manufacturer's
recommendations.
c. IDitiel BClecti.on of the olc8aiDs pip shall be pIOY.icJed by persomao1 thorougbly
. trained, knowledgeable aDd expaieaced in the tecImology BOd proceclures
required for the proper and safo "piging" of this system.
15. SAFETY
The Con1Iactor shall CODduct his openticms in strict acconJ8Dce with all
qpplicablc Fcckn1, StlIte md LoaIl safety codes atld statUteS and sbaJI be fully
respousiblc and obligated to mAintain procedures for safCty of tho public as well
as work, persooncl and equipment inwlved in the Project.
16. MEASURBMENT ~ PAYMENT
The UDi1 c:ost for pipiDa cleaaed shall iDcludc all costs incur1'ed by the Contl1lCtor
inc1udiDa mobili%atiOJland demobilizatioa, providina. Jnstalling end removiDg all
equiJaem iDcllJdiDg poly pia m~ IDd nstrieva1 dmccs. suprnisioD ad
~-. poly pip, cIcetroDic Ik....nu. md hiab pressure jottida ~hi~e,.
tooliDg. aDd vehicles, cb1orlD1tion aDd de-cblorinaUon.
Unit prices for pipe 1qdIs 8Dd dtMftetas IS submitted will be used to
~~~
17. MP.AS~ ANDlAYMENT ANNUALAI;>JUSTMENT
The thirty six JDODth ~~ sbaII have adjustable UDit priclog at 12-mo.uth
. iDiemds a1b the date of awazd. The 8djuIIIIDaIt shall be buecl on the (epl)
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PAGE B8/El9
COIISUIDCI' Prk:e Index for the U.S. City Awraae; AllI1cms. UrbIll Wap BameIs
and Clerical Workers 88 publiahed by the lJDiCIld se.teI Do~1mc3lt of Labor,
Buxeau of Labor Statistics, but sb8Il DOt to exceed 10% for any 12.moDth periQd.
18. MEASUREMENT A}ij) PAyMENT fOR UNSPE~mm WORK
The wom covered. by this itau CODIists of unfoteSOOll items ofwork. not inoluded
in Other bid items but necessary for 8CCOIJlpIi&hios the wodt and shall apply only
to exaa wmk or addi1ioDa1 items over aocl abMo those specified or abown on the
plans.
Tho cost oftbis additional wmt shall be agreed upon In writing aud approved by
the Director of Utilities ~ or his authoriud RJRsentative prior to
stardDa tis addi1iooIl WOJk. The value of tile work sb81I be bued OIl DDit prices
of simiJm' Bid Items called for in the ptOpC*l
In the event ofprojeot 4elays or disruption caused by. but not limited to. system
failure, pump(s) failUl'O or QWSCS outside the scope of work 01" sphere of
respopIibility of the ~'which rauIt in 1he COIdI8CtOr beiDa prevented
from or UDabIe to paform. the a-ipM \\Uk, a staodby cluqe nde will apply.
This rate will cover all costs incurred for supervision, labor, tooliD& equipment,
vehicles, mobilization and demobilizstioD.
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1lB crrv WD..L PROVIDE
A. Water lor 1'IaaIaIDc:-1be City apes to provide water at no expeose to the
. Contractor within a reasonable disCaDce of the IRl8 where it is to be uted.
B. s,-- DiapuI- The Ci1y will prcMdc a sys&an dia&nm ddai.IiDs aU kdown
~ _ves aM appurteII8IaS.
C. V..... AeceuibIIIty -The City aaroes to provide lICCC88ibility of the pipeline at
~Ited poinD peviously agreed upoG b<<ween the Cuobagtor and the City.
D. Mapower - The City will provide IDIIDpO'MlI to assist tile CODbactOI' for the
. ~ of the opellItion. includJna whe openIions IDd dilllllUlllt1~ aDd
n:st.oriDg of fire hydrants.
E. Exava1iolll -The City wlU provide site kala and all labor, IDIIWdaIs and
equipmaIt fornquired ~ to povidc the Con1Ieetor access one Coot (1')
below the pipe aDd for restol'lItioD oftbe excaV8tCld area after completed
operat1cms.
F. SIt......d ""-The City agrees to provide ~ 8Dd bradog and
IIIIiDtaIaDc:lo ofall CXA\'8ti0ll$ to pevaat ~ ca~ or bre8kiDg of the
ground outside oftbe excavation &mI.
G. Nod8eaIen 01 CaIteaaen - The City will be IC8pJIIBI"bJc for disIribution of the
approved customer llOti1btion fODDIl pvvided by the Contmctor 10 tbc affected
: utility oustomers. .
H. C...... ofl'lpe, IDttaUatioD ofl'lf-. r -1be City will upon ~ofthe
projcd ~ with the Oi..~ provide _ iDs18J1 tboIe fittiDaa, 8I1d
valves DCCes88r)' for the implemwdation of the work required. The COUDty will
provide the manpower, tooJiDa and equipDent occcssary for the cutting of the
pipe add ~ for the e:R8ftlalsia.
I. TratIIe eDatrol-'The City wiI1 provide 8Dd maintain traffic OODtrol in
oomplhmce with all applicable reguJatioDs.
J. Colledioll, u,........... DIIpeI" -1bis will be at a City approved site, of
BOlide 8Dd materials .acb JeC('Iire spcdal h-ndli"l io be in comp1iaDclo with
safmy and eI1WoolMntaJ reguIatiom.
City Council
m~,!!5Ia Cover Memorandum
Eng ~ b
II, I I
Tracking Number: 1,883
Actual Date: 02/16/2006
Subject I Recommendation:
Award a contract to M.B.E., Incorporated of Florida, in the amount of $132,000 for application of
corrosion protective coatings at the Marshall Street and East Advanced Pollution Control
Facilities in accordance with the terms and conditions set forth in Request For Proposals #47-05
dated December 16th, 2005, and that the appropriate officials be authorized to execute same.
Summary:
The City of Clearwater owns and operates the Marshall Street and the East Advanced Pollution
Control Facilities (APCF). Equipment and process elements throughout both facilities are open to
the environment and other corrosive conditions that will cause deterioration and limit the useful
life of these pieces of infrastructure without proper protective coatings. The existing coating on
many items at both facilities is failing. The goal is to prepare surfaces and apply specialized
protective coatings to prolong the useful life of the City's equipment.
The City of Clearwater, Florida, accepted responses to a Request For Proposal (#47-05) on
December 16th, 2005. City staff recommendation is to proceed with the award to M.B.E.
Incorporated of Florida for the two treatment facilities listed above.
Sufficient budget and revenue are available in Capital Improvement Project 0315-96664, Water
Pollution Control R & R, to fund this contract.
A copy of the contract is available for review in the office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Number of Hard Copies attached: 2
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? Yes
Bid Numbers: #47-05
In Current Year Budget?
Yes
Budget Adjustment:
No
;_~_, .. .+..'b_.J..... City Council
:: ater :
c;~. '. _,__~enda. C~er Memorand~!!!-_~=
Current Year Cost:
$132,000.00
Total Cost:
$132,000.00
Appropriation Code(s)
0315-96664-563800-535-000
Amount
$132,000.00
Comments
Water Pollution Control R & R
Review ADDroval
Glen Bahnick
Cyndie Goudeau
01-23-2006 13:28:34
01-26-2006 10:48:39
02-02-2006 13:38: 12
01-25-2006 11:04: 10
01-26-2006 11:54:36
02-02-2006 16:25:11
01-25-2006 11:13:44
02-03-2006 10:25:46
Tina Wilson
Garry Brumback
Michael Quillen
Brvan Ruff
Bill Horne
Georqe McKibben
CONTRACT
~',Ers ~ 6
{ l < II
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
M.RE.. Inc. of Florida, of the City of Tarpon Springs County of Pinellas 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:
Preparing surfaces and applying corrosion control materials on existing wastewater
equipment, piping and infrastructure at the Marshall Street Advanced Pollution Control
Facility (APCF) and the East APCF as specified and in compliance with the terms and
conditions of the City of Clearwater's Request For Proposal #47-05 and the response from the
Contractor for an amount of $132,000.00.
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
MBEContract.doc Page 1 Revised: 12/05/05
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 oer 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 oer
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.
MBEContract.doc
Page 2
Revised: 12/05/05
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
(Seal)
By:
William B. Home, IT
City Manager
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
Approved as to form and
legal sufficiency:
By:
Frank Hibbard,
Mayor-Councilmember
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).
MBEContract.doc
Page 3
Revised: 12/05/05
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
of
of business located at
(TITLE)
, a Florida Corporation, with its principal place
(herein, the "Contractor").
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
MBEContract.doc
Page 4
Revised: 12/05/05
,
.'
- Cleal\\~ater
ReQuest for ProDosals #47-05
WPC Equipment Corrosion Control Contract
TO BE DELIVERED
City of CJeannter Purchasing Manager
Municipal Services Building
100 So. Myrtle Avenue (3 nl) Floor
Clearwater, FL 33756
Or mailed to Purchasing Manager
George McKibben
PO Box 4748
Clean\'ater, FL 33758-4748
Equ ipm~ntC OlIosiooC ontrolRfP -rc\ iscdin....'Urancc.l 0-6-0S.CQl..'
R.......i<cd: I 0; J 3120'J5
APPEh"DIX "A"
AFF ADA VlT
NO~OLLUSIO~ CLAUSE
BID FOR'I
.'
Equ ipmcntC OIT()$;onControIRFP -rc' ,,",dinsurancc-) 0 -6-0S.do<
Revised: 10'18/2005
Pag..:- 10
.,
~','
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
)
)
being dt;ly sworn, deposes and says that he~ is
mAe,:/. ':.. <J+ FL
eo under and by "irtue of the laws of the Slate of Florida, and having
p("tSuC' r:L.
ity County State
Affiant further Says that he is familiar v,lith the records, minute books and by-laws of
(f\. &.e. '::i.t'L tf.p....
~ame of COlpOration)
Affiant firrther says that P Cl. Y\ \- (,-l c- ( uJ., ; .) is ---.Er~ ) j (( t... +
(Officer's Name) (Title)
oftlle corporation, is duly authorized to sign the Proposal for M.'; . GJ =/.,...:.. t f F /.-
for said corporation byvirtm: of iJw(J t a-
(state whether a provisi~n of by laws or a Resolution oftill: Board of
Directors. Ifby Resolution give date of adoption).
j~. . .J. ~L:~
Affiant
Sworn to before me this -.lL day of
De c..- c. fY' b (. ," , 2005.
~~ (bLs
f/''''''' IRENE C. TIRIKOS .
~ Notary hJ~1\r;, S:~" 01 Flonda
* * Comrni:;s,(;('hi) DO 30\124
~llOJ~ My CommisSion bpires ~"0I08
Type.'print/stamp name ofNotary
Title or rank, and Serial No., ifany
4P\6.' IRENE C. T!RIKOS
*jjfj;jJ * Notary Pu~Jic. S. ~ -.: Florida
~. Commission N:) ,:.: 301724
">-f1rOJ"'~ My Commission hpir'as 4/10/08
Equ ipm<mC orrosionC omrolRfP -f<' i<,:o iP.suranc<-1 O.{rO 5.ooc
Rc\iscO: I a'18!l005
Pag,: II
~~:
:...
NON-COl.LUSlON AFFlDA VII
STATE OF FLORIDA
COUNTY OF Pt15Ca
~(..V\,' (,,~Jl).)jd
Pr-c'~cf1-vt
. )
)
being, first duly sworn, deposes and says th.d he is
t'h..6.2 2,./<.- <l+ FL.
I
of
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sllam: that
said bidder is not fmancially interested in or otherv.ise affiliated in a business way ....ith any other bidder
on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or
indirectly, with ~y bidders or person, to put in a sham bid or that such other person shall refrain from
bidding, and h:Is not in any manner, directly or indirectly, sought by agreement or collusion, or
cornmwlication or conference, with any person, to fIX tbe bid price or affiant or any other bidder, or to
fix any o\'erbead, profit or cost element of said bid price, or that of any other bidder, or to secure any
ad....antage against the City of Cleanvaler, 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 submined this bid, or the contents thereof, or divulged infoffilation or data
relative thereto to any association or to any member or agent thereof.
.ilL-- .~.1.~
Affiant
Sworn to and subscribed before me this~ day of
0.t. u..-,.... ~ , 2005.
~~ (!" lvJk--5
Notary Public
~, IRENE C, TIRIKOS
*~ * t~Jl~iy Pdllj.~ SUI~ c.! FI<lrid~
.....Wi . (.;(lffll11t$S,vl, \'10. 00 ~1 124
~.~ My C()O'\n'Mssion EJ.Plt., 1I10fQe
Djuirm<:OlC orro5ionConlrolRFP -rev is.:d ir,,-uranc-c-] Q{'-05.doc
R<:,iscd: 1011 &f.!OG3
),
"
\.
\
BID FOR'I
PROPOSAL
(1)
TO THE CTIY OF CLEARWATER, FLORIDA, for
Su r -L".. <...e P { (.10 CL Y"c~ ~ l ~'>-
('f) J!.. R.. 0 J{ Gr. CG'rn fro /
-t -ttv.. U-J P c
e:1l..1l LJ ,,-.t/I
t . f
and doing such other work incidental thereto, all in accordance v.ith the contract documents, marked
, ,
Pru tJ Iv.; -1J.- b~ t'"
LU pc. e ~ U 1/1 j1'\. l ;., f-
I
Every bidder mllst take notice of the fact that even though his proposal be accepted and the docmnents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearv.-ater, 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
~ done, or \\ithout the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto ha\ing been approved by said City Attorney; and such bidder is
hereby charged \\ith this notice.
L.j 7- D~
G .
) ( ,. 0 ..J I 1,1'V'-
~ -{{'ui
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are nanled in this Proposal, that he has carefully examined the
Advertisement, Instmctions to Bidders, Contract Specifications, Plans, Supplemental Specific.'ltions,
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 ofClearv..ater, Florida, in the form
of contract; hereto annexed, 10 provide the necessary labor, materials, machinery, equipment, lools or
apparalu.~, do all the work required to complete the contract within the tinle mentioned in the General
Conditions and according to the requirements of the City of Clearv.ate.r, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
Equ ipmcntColTosionControlRFP -revis.:dwurancc-l O-b-05.coe
Revised: ] 11'1 o,':!il'J5
Page 13
!:
PROPOSAL
(2)
If the foregoing Proposal sh;1I be accepted by the City of Clearwater, Flori da, and the undersigned shall
fail to execute a satisfactory contract as slated 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 ~.null and void, ~d the certified check or bond accompanying this Proposal, shall be forfeited to
be~~e the-'pro~. ~f .tl:le.City.pf Clearwater, Florida, and the full amount of said check shall be
retained by the City, or {ftlle PropOsal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated d.!mages; o~erwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
A.~cl
Attachedhereto is ab ond or certified check on
Bank, for the sum of
"./,'
'!~~~<.(~ r:~&L~J j
(being a miit'ilnlini of 10'% or Contractor's total bid amount).
'.
/ D
(5
)
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(lfcOlporation, give the nanles and addresses Orllle President and Secretary. lffirm or pal1nership, the
nam::s and addresses of the members or partners. The Biddt:r shall list not only his Dame but also the
n~e of any person v.ith whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether SlID-contractor, materialman, agent, supplier, or
employer is contingent upon the award ofthe contract to the bidder).
NA.\.fES:
ADDRESSES:
'~Cll\" G~l ~ I O1.l51-1
t..; J- (" -So. F { c,- 4-u--t-
-ra r pL~ n,^O' ,ri 3lf-1o ~ 1
(The bidder must indicate wheth
Signature of Bidder: _}c1-----, ~~
F.q'lipmentCorwsionC l'lllrolRFP -,n ".:..-diP."Jra""e-] 0-6-05. C.oc
Rnis.:d; ] 0118 ':!()05
Page 1-1
PROPOSAL
(3)
.. ..
The person signing shall, in his o"ln handwriting, sign the Principal's name, his OVl<TI Dame and his title.
Where the person signing for a cOIporation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corporation.
By:
~.~
Title:
ft~S/~/-
~ity ~d State:
V/).-) Le:.(.;4.f
do /~ fi-
'>J
fi- ,this I ~
~
Busi1ess Addre.c;.<; of Bidder:
Zip Code ? '/6 ~ I
Dated at
th /, JZ
d
day of [).? cQ.-.,../!v-...
, A.D., 2005
.Equipm<ntCorros;ooC or.trolRFP -rcv i.<<du...ur.llltt-I O-b-05.00c
Rcvi,cd: 1(lI18/;!005
Pagc 15
CITY OF CLEAR\\' A TER
ADDENDUM SHEET
:tL l.{ 7--"0 f'
fy(J G
tg VI L1;" t'.,-, + (;LR ().J/()),.. (in lc /
I
PROJECT:
Acknowledgment is hereby made of the follo\\1ng addenda received since issuance of Plans and
Specifications.
Addendum No. Date:
Addendwn No. Date:
Addendwn No. Date:
Addendum No. Dale:
Addendwn No. Dale:
Addendum No. Dat~.
~.
Addendum No. Dale:
Addendwn No. Dale:
Addendum No. Date:
Addendlul1 No. Dale:
Addendum No. Date:
Equ ipm<mCorro.ionConlrolRFP .r,:, ~",dir.suran\:"'] (}-{'-05.COC
Re,ised: ] ()/13'l005
rn .f? e :t~L. o~ YL
(lJame of Bidder)
.)~'~1v~
(Signature of Officer)
Pre ~ \ ~-j
(Title ofOflicer)
I.J.. ~ / '"' .~ 0 J
(Date)
\
.,
~
.",
BIDDER'S PROPOSAL
PROJECT: ? If 7 ~ 0 (
w P c t2"6 U I f''''' ('/..,T- Cc t-fL o} ~">- Cl-r. +rc-..l
EST. UNIT
UNIT on'. PRlCE TOTAL
JTE\.I
NO. DESCRIPTION
001 MARSHALL STREET APCF
:it
.1f
,5
.1/
';0000 cu
, .
.::flJ ooD ,.:.0
I
"/:2<; DuD. o~
I
o1~ yo 0 .Dd
,
002 EAST APCF
003 NORTHEAST APCF
004 CONliNGENCY (1~~OFITE"\{S 1+2+3)
005 TOTAL (SUM OF LINE ITEMS 1 TO 4)
:$ clUJ'; VDa;) u
J
CO~\CTOR: mob ~ ;:!rvc... (.1,+ r: L
.
BIDDER'S GRAND TOTALS ;( (0 ~J '100 ,00 (Numbers)
BIDDER'S GR~'\'DTOTALS T uJ..:. 1.J.u....-Jn.J d. ~i "(.. ~ ~J ~j\.J- -rA. 0 lJ :/ANJl
cJ
(,:,v It. J..k.l..Y' J rf..-J. 0,.., f { CI Y" ..s (Words)
TIIE BIDDER'S TOTAL ABOVE IS IDS TOTAL BID BASED ON illS UNIT PRICES
k'ID LUMP SUM PRICES ^,'ID TIIE ESIDrA TED QU.~'ITITIES REQUIRED. mIS
FIGURE IS FOR INFOR'L<\.TION O:"o'LY AT TIIE IDIE OF OPENING BIDS. THE
CITY \\1LL l\L\h'E TIIE TABULATION FRo:\r THE tlNIT PRICES MID LIDIP SUM
PRICE BID. IF TIIERE IS Ai~ ERROR L'l TIIE TOTAL BY THE BIDDER, IT SHALL BE
CHANGED AS 0:"0"1. Y TIIE UNIT PRICES ^,'ID LmlP SIDI PRICE SHALL GOVERJ.~.
Equ ipm<ntC onooooC oolrolRFP...." i.;.,dinsulan.:<.1 (j.{,-{)5.00c
R<vi5<d: ] 0'1812005
Pa,,'" 17
~tt, .-
,.
fifE&, ~~v
,
)\
TO WHOM IT MAY CONCERN:
M.B.E.. Inc. of FL has been in bUSiness since 1995. with over 20 years of experience
In the commercial and Industrial painting Industry. Once our company starts on the
project. we will continue working until project IS satisfactorily completed well before
completion dated,
, ,
Crew members will consist of all experienced honest workers. that will give us their
best performance, They will work hard seven days a week. if needed. and as many
hours a day,
We are bonded. licensed and Insured for any size and type of project that might arise,
Fully equipped with our own equipment and have applied many different types of paint
systems to many different structures.
;0& Bar /..?9..? Zl/LM c5;1/1?#;/, ~Ua0 3-;r6o?/..?9..?
/7..? z!9-;r..?- 96..?cf/Zr 937-0967
,
'.',
".
REFERENCE LIST
Flonda Department of Transportation
Mile Post 2630. Bldg. 5315
Ocoee. FL 34761
Pressure Washing. Sandblasting and Painting of Bndges
Project Number 409329-1-52-01 and 409329-2-52-01
Contract Amount $459.905
Stanley Consultant~, Mr, Jim McCLellan
561-683-6161 Fax 651-683-6568
Flonda Department of Transportation
2916 Leslie Road
Tampa. FL 33619
Pressure Washing, Sandblasting and Painting of Bridges
Proj.ect.Number 198091-4-52-01
Contract Amount $224.500
Mr. James Jacobsen, P.E.
813-744-6050 Fax 813-744-8251
Flonda Department of Transportation
6025 Old Bagdad Highway
Milton. FL 32583
Pressure Washing, Sandblasting and Painting Bndge
Project Number 413000-1-52-01
Contract Amount $329.000
Mrs. Georgina AClerto-Kent. P.E.
850-981-2804 Fax 850-981-2828
Flonda Department of Transportation
Milepost 263. Bldg. 5315
Ocoee. FL 34761
Pressure Washing, Sandblasting and Painting of Bndges
Project Number 409328-1-52-01
CSA Group S.E. Mr. Peter Wagoner. P.E,
954-316-3807 Fax 954-316-1110
Jacksonville Transportation Authority
100 N. Myrtle Avenue
Jacksonville, FL 32201
Pressure Washing, Sandblasting and Painting of Skyway Girders
Project Number Cf-0032-04
Contract Amount $237.700
Mr. Gary Clough, PI.
904-633-8537 Fax 904-633-8507
Florida Department of Transportation
7900 Forest Hill Blvd.
We.st Ralm Beach. FL 33413
Pressure Washing, Sandblasting and Painting of Bndge
Project Number 412487-1-52-01
Contract Amount $687.000
Stanley Consultants, Mr. Jim Russen
561-689-7444 Fax 954-428-4100
City of Tampa
Public Works
1550 N. Grady Street
Tampa, FL 33607
Pressure Washing and Painting Five Pavilions
Contract Amount $7,000
Mr. Terry Scott Cell- 813-393-7872 Fax 813348-1050
.." SHERW/N-
~.' WILl.IAMS
-
39920 U.S. High\~ay ~9 North
Tarpon Springs, FI. 34689
June 15,2004
M.B.E., Inc.
4125 Louis Ave.
Holiday, FI. 34691
Attn.: Fani'Gialo~sis
Ref.: Product application qualifications.
To whom it may concern,
This letter is provided to clarify M.B.E., Inc. as a competent coatings applicator of
, S~ery..1n \\filliams Industrial Coatings. Sherwin \Villiams Company has enjoyed a
successful working relationship with M.B.E. over the past 10 years. We recognize M.B.E.
as one of the leaders in the D.G.T. Bridge repaint market. They have had extensive
experience with Sherwin Williams' product application under a broad range of weather
conditions.
Given the wide variety of Sherwin Williams products used and the variety of conditions
under which M.B.E. has applied these products; we confirm that M.B.E. is highly
qualified and capable of applying Sherwin Williams Coatings.
We thank you for our continued relationship and best ofluck to your future success.
~k BreVler
(... . . ./- :-e.,- p./lt-W-6------
erwin Williams Company
Industrial Group, DOT Specialist
Phone # (727) 364-9693
655.03:3
!t
~bo1in'e;
Carboline Company
Brian K. Dokendorl
6978 Fort King Road
Zephyrhills, Florida 33541
813-714-263:
FAX: 813.788.741~
e-mail: bdokendorf@carboline.corr
June 16, 2004
Subject: MBE, Inc.
4125 Louis Avenue
Holiday, FI34691
''To'Whom It May Concern,
Please be advised that MBE, Inc. are qualified to apply Carboline coating products and
have successfully applied Carboline coating products on bridge projects across the
country.
I have worked with MBE over five (5) years and they have always periormed in a
professional manner and worked to achieve a high quality end product.
If I can be of further assistance, you may contact me at 813-714-2635.
Sincerely,
Brian K. Dokendori
Carboline Territory Manager
06/17/04
( CarbOline@J
A Total Quality Company
Fani Gialousis
426 S. Florida Ave. ' ,
Tarpon Springs, Fi. 34689
re: Personal Reference
To Whom It May Concern;
I have kri~\\~ Fani Gialousis for 6 years on a business and personal level. It is my opinion that
Fani is an intelligent, honest and friendly person, that I am proud to know.
I will be happy to receive any inquiries pertaining to same.
Sincerely; .
. ~ .../fA/<
(7)-{(..tt.;tP7~ /,/"tI~
Laurence Muzia
Carboline Co.
ph# 813-425-1350
fax#813-425-8604
350 Hanley Industrial Ct. · St. Louis, Missouri 63144-1599 . Te!ephone 314-644-1000 . Fax 314-644-4617
,',
.'
. .
January 27, 1997
CITY OF OCALA
\Vater Treatment Plant
1808 N. E. 36th Ave.
Oeala, Fl
TO WHOM IT :MAY CONCERN:
On May 21, 1996 M.B.E., Tnc "vas awarded a painting project that included preparing and
coating the ex1erior of three ground storage water reservoirs, two 2,000,000 gallon reservoirs and
one,),090,Q.oO gallon reservoir, cost of the project was $24,750.00.
M.B.E. arrived on site the morning of July 29, 1996 ready to begin work, they were very
professional from start to finish, they came with the proper equipment and kno\vhow to
accomplish the job.
The tvtB.E. crew"s were easy to ,vork with, if something was brought to their attention for
correction they took care of the problem to our satisfaction. The project was completed before
schedule on August 7, 1996.
I look forward to this Company working on future painting projects for the City of Ocala.
dld/.L iJ-r 114). ~
Leon D. Weaver
Chief Plant Operator
City ofOcala Water Treatment Plant
~:
'"{
JEB BUSH
GOVERNOR
III
FLORIDA
~ DEPARTMENT OF TRANSPORTATION
-
-
--
-
-
.-
-
1651 East Nine Mile Road
· Pensacola, Florida 32514
850-484.5050
Fax No. 494.5790
THOMAS F.BARRY,JR
SECRETARY
October 17, 2000
SUBJECT:
Financial Project ID
Contract No.
Federal Project ID
Description
: 22277115201
: E3972
: N/A (District Contract)
: Cleaning & Painting of Bridge on SR 8 (1-10) in Escambia Co.
To Whom This May Co.ncern:
I have had the pleasure to work with Ms Fani Gialousis, President of M.B.E., Inc. On May 31, 2000 they satisfactorily completed
bridge painting work as per the FDOT Specifications and in a timely manner.
Should you have any questions, please feel free to call me.
Sincerely,
~r;-7r/c-~
Georgina T. Acierto-Kent
Project Engineer
~I
,'.
-'{
Department of Engineering
and Public Works
Road and Bridge Division
3700 Belvedere Road, Building C
West Palm Beach, FL 33406
.
Palm Beach County
Board of County
. Commissioners
Burt Aaronson, Chairman
Maude Ford Lee, Vice Chair
Karen T Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Ken L Foster
County Administrator
Robert Weisman, PE.
"An Equal Opportunity
Affirmative Acrion Employer"
@ printed on recycled paper
February 6, 1998
TO WHOM IT MAY CONCERN:
Re:
Project No. 97057 - Cleaning and painting of the SE 15th Ave. Bascule
Bridge over the Intracoastal \Vatenvay.
M. B. E., Inc. was awarded the contract for the above referenced project. This
project consisted of the cleaning and painting of all structural steel. The project
was completed under the allotted time and all work was performed satisfactorily.
We have no reason to exclude them from the bidding process involving other
related projects.
~,y:' ~
mes L. Snelgrove, irector
Road and Bridge Division
JLS:SB:v
~':,
"
'f
C1~ {lit:; of f))a!:Jtona !BEach
COMMISSION-MANAGER PLAN
POST OFFICE BOX 245 I
DAYTONA BEACH. FLORIDA 32115-245 I
March 7, 1997
TO WHOM IT MAY CONCERN:
SUBJECT: M.B.E., Inc.
426 s. Florida Avenue
Tarpon springs, FL 34689
Although I have known M.B.E., Inc. a short period of time (i.e.,
since ~he fall of 1996), I find them to be a capable and
responsible company. They had excellent superintendence of the
work force using proper construction techniques in a safe working
environment. They have shown excellent cooperation with project
inspection personnel, and city of Daytona Beach personnel.
I have personally observed their abilities on the Daytona Beach
Brennan Water Treatment Plant Tank Painting project, a $118,000
project. (City of Daytona Beach Contract No. 1996-17).
I consider M.B.E., Inc. to be an asset to the construction indus-
try.
Very truly yours,
;( P ~f"
K. D. Crutch, P.E.
Construction Engineer
.
:'~
0.. ...a,.. ........ ..........fiI'n. .....@. 1.~.....n.......I.........~+.............4!....,.............~........ ............ City Co u ncil
=~
v~..~".,q..",_~enda C~r ~temoran~~,!!!_~_
Ens -- 7-
(I. Id
Tracking Number: 1,866
Actual Date: 02/16/2006
Subject / Recommendation:
Approve an Addendum to the Contract For Sale of Real Property with Bethel Christian Center,
Inc. dated November 22, 2005 regarding Lots 6, 7 and 8, Block "B", FIRST ADDITION TO
NORWOOD, amending paragraph 21 to allow assignment and authorize appropriate officials to
execute same.
Summary:
On November 16, 2005, Council approved a Contract For Sale of Real Property with Bethel
Christian Center, Inc. ("Center") to sell three vacant lots in FIRST ADDITION TO NORWOOD for
the total sum of $119,503.
Certain officers and directors of the Center are also officers and directors of Bethel Christian
Center Church, Inc. ("Church"), a separate Florida not for profit corporation.
When the Center applied for federal tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code itwas informed the exemption could only be granted if it were a "Church". The
Church was thereafter incorporated in the State of Florida as a second corporate entity.
The subject Addendum reflects the Center's desire to assign its right, title and interest in the
subject contract to the Church, the Church's acceptance of the assignment, and the City's
consent to the assignment if approved.
The Assignee further agrees to close the transaction within 15 days of execution of the
Addendum by authorized City officials. The contract remains otherwise unchanged.
A copy of the Addendum is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Guillen
01-25-2006
11 :07:00
Cvndie Goudeau
02-03-2006
10:26:37
Laura Lioowski
01-26-2006
13:56:43
Garrv Brumback
02-02-2006
11:41:57
~~
~~
Laura Lipowski
Bill Horne
City Council
Agenda ~over Memorandum
01-26-2006
02-02-2006
13 :57:31
16:24:18
~~.
~~Wl_~
City Council
Agenda Cover Memorandum_
ENG - 8
11 . J 3
Tracking Number: 1,856
Actual Date: 02/16/2006
Subject / Recommendation:
Approve the final plat for "KENWOODTOWNHOMES" located at 111 Kenwood Avenue,
approximately 300 feet south of Drew Street. -
Summary:
* A replat of lot 10 Map of resubdivision of Lots 4 & 7 and the west V2 of lots 5 & 6 of Padgett's
Estates Sub. All lying in section 15, Township 29S Range 15E.
* The property is within the city limits of Clearwater and is approximately 0.2 acres.
* The final plat will create 2 townhome lots.
* The proposed project was approved by DRC March 31st, 2005 and CDB on May 17th, 2005.
* The property is zoned as Medium High Density Residential (MHDR).
A copy of the plat is available for review in the Office of Official Records & Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Plat Files
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick 01-09-2006 09:55:23
Garrv Brumback 02-02-2006 16:01: 18
Michael Ouillen 01-17-2006 13:21:44
Bill Horne 02-03-2006 18:04:47
Cvndie Goudeau 02-06-2006 08:26:04
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City Council
Agenda Cover Memorandum_.,~
ENj- 9
Ii. I~
Tracking Number: 1,885
Actual Date: 02/16/2006
Subject I Recommendation:
Approve Change Order #1 to JTV, Incorporated, in the amount of $500,000.00 for sanitary
sewer line cleaning, inspection and rehabilitation at various locations throughout the City of
Clearwater, increasing the contract previously approved August 4, 2005, for a new contract total
of $700,000.00, and that the appropriate officials be authorized to execute same.
Summary:
The City has determined that $500,000.00 will be necessary to clean, inspect and repair existing
sanitary sewer pipelines in 2006. The goal is to maintain the integrity of the sanitary sewer
system and minimize disruptions in service to our citizens.
The City of Gulfport, Florida, awarded a contract (Bid No. 2005-03) to J.T.V., Incorporated, with
an effective date of March 1, 2005, for a term of two years with additional annual renewal
periods upon consent of both parties. The Clearwater City Council awarded a contract for
$200,000 accepting the terms of the City of Gulfport's contract on August 4th, 2005.
JTV Inc. has agreed to honor the rate schedule as outlined in the City of Gulfport contract
through 2006.
The City of Clearwater will direct the contractor to those high priority areas as established in the
Sanitary Sewer Evaluation Study. These areas are primarily located along the beach with minor
work throughout the City. These efforts will continue until the entire $500,000.00 is expended.
Resolution 04-36 was passed on December 16,2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2006 revenue bonds as a funding source were included in the project list associated with
Resolution 04-36.
There is sufficient budget for interim financing or revenue bond proceeds when issued of
$435,000.00 in the Capital Improvement Program project, 0378-96665, Sanitary Sewer R & R,
to provide the funding for this Work Order along with sufficient budget and revenue available in
the 2002 Water and Sewer Revenue Bond Construction Fund in the amount of $65,000 in
project 0343-96665, Sanitary Sewer R & R for a total of $500,000.
A copy of the contract is available for review in the office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Public Hearing: No
Financial Information:
~ Capital Expenditure
~~J-
City Council
Agenda Cover Memorandum
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
City of Gulfport, Florida Bid #2005-03
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$500,000.00
Total Cost:
$500,000.00
Appropriation Code(s)
0378-96665-563800-535-000
0343-96665-563800-535-000
Amount
$435,000.00
$65,000.00
Comments
see summary section
see summary section
Review Approval
Glen Bahnick
Cyndie Goudeau
01-30-2006 15:04:23
02-02-2006 09:08:31
02-03-2006 11:11:34
02-01-2006 15:32:54
02-02-2006 12:58:43
02-03-2006 18:02:27
02-02-2006 08:55:25
02-06-2006 08:28:49
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
Georae McKibben
DATE:
January 27, 2006
CHANGE ORDER #1
PROJECT: 2005 Santiary Sewer Line Cleaning, PROJECT NUMBER:
Inspection and Rehabilitation Proejct (Piggy-back City
of Gulfport Agreement #2005-03)
05-0038-UT
PO REFERENCE NO.:
ST 101334
CONTRACTOR: J.T.V., Incorporated
2719 -17th Street East
St. Petersburg, Florida 33709
DATE OF CONTRACT: August 4, 2005
CODE: 0343-96665-563800-535-000-0000 $ 65,000.00
CODE: 0378-96665-563800-535-000-0000 $435,000.00
SCOIJE OF CHANGE:
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRAL'T
Clean, inspect arid repair existing sanitary se\Verpiplines 1 LS @ $500,000.00 = $500,000.00
at various locations thrppghout the City of;~leariy~~et
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $200,000.00
CHANGE ORDER #1 $500.000.00
NEW CONTRACT AMOUNT $700,000.00
ACCEPTED BY:
J.T.V., Incorporated
BY:
(SEAL)
Joyce T. Velitschkowski, President
Frank Hibbard
Mayor
Date:
Witnesses:
Bryan D. Ruff
Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Date:
Gary A. Johnson, CGC
Public Services Director
CITY OF CLEARWATER, in
PINEL LAS COUNTY, FLORIDA
William B. Home, II
City Manager
Michael D. Quillen, P.E.
City Engineer
y!R - J...
f d' \
.~..b_ ....., ~,~ City Council
:: .. a
o ..............................................i .. .... ~,~_ A~I!.~!-f.over Memorandu~.
Trackina Number: 1,857
Actual Date: 02/16/2006
Subiect / Recommendation:
Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement
with the Florida Department of Transportation, District Seven, so that aesthetic improvements
can be made to a portion of SR 60 (Memorial Causeway 770 feet west of the Memorial Causeway
Bridge to the Clearwater Harbor Channel) and Adopt Resolution 06-09 authorizing execution of
said Highway Landscape Maintenance Memorandum of Agreement.
Summary:
The City of Clearwater desires to improve and beautify the right-of-way for S.R. 60 (Memorial
Causeway 770 feet west of the Memorial Causeway Bridge to the Clearwater Harbor Channel).
The State of Florida Department of Transportation, District Seven, has allocated funds for
landscape improvements in conjunction with the construction or reconstruction of State Road 60
(Memorial Causeway), under FP#403730-1-54-01, and is authorized pursuant to Section
334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures.
FOOT has estimated $150,000 for these landscape improvements.
Upon installation of the landscape improvements, the City has agreed to maintain the same at
its sole expense and in a reasonable manner.
The City is already responsible for maintaining this area with the funds already allocated in the
Parks and Recreation budget.
The revitalization and landscape enhancements of SR 60 (Memorial Causeway) will leave a
positive impression on visitors and residents alike.
The Department of Transportation requires a Memorandum of Agreement to allow landscaping
within their right-of-way.
Due to this being a standard agreement,FDOT was not inclined to make changes recommended
by the City legal staff: l)documenting that the City nor FOOT was waiving sovereign immunity
as provided in FS 768.28 and 2)allowing the City to have rights along with FOOT to resolve
claims rather than allowing FOOT to settle claims on their own.
Staff is recommending approval of the agreement even without these amendments due to the
nature of the agreement and fact we have not encountered problems with other agreements
similiar to this one with FOOT.
Oriainatina: Parks and Recreation
Section Other items on City Manager Reports
Cateaory: Agreements/Contracts - with cost
Number of Hard Cooies attached: 1
Public Hearina: No
,'~~
~.~
l.l~
City Council
Ag.!..nda Cov~r Memorandum
Financial Information:
~ Other
Bid Required? No
Bid Exceotions:
Other
Other Contract?
Grant Revenue from FOOT
In Current Year Budqet?
Yes
Budget Adiustment:
Yes
Budqet Adiustment Comments:
Grant Revenue from FOOT
Current Year Cost:
$150,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$150,000.00
Not to Exceed:
$150,000.00
Aoorooriation Code(s)
315-93210
Amount
$150,000.00
Comments
Grant Revenue
Review Aooroval
Kevin Dunbar
01-30-2006 15:34:37
Garrv Brumback
02-02-2006 11 :40:51
Tina Wilson
01-30-2006 15:36:30
~~
Cvndie Goudeau
Laura Lipowski
Bill Horne
City Council
Agenda Cover Memorandum
02-07-2006 08:43:41
01-30-2006 15:43:26
02-06-2006 15:26:08
RESOLUTION NO. 06-09
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FOOT), PROVIDING AN EFFECTIVE
DATE.
WHEREAS, State Road 60 (Memorial Causeway) serves as the major
thoroughfare to Clearwater Beach for residents and tourists daily; and
WHEREAS, FOOT owns State Road 60 right-of-way consisting of road
improvements and grassed areas abutting thereon located between 770 feet west of
the Memorial Causeway Bridge and the Clearwater Harbor Channel; and
WHEREAS, the City of Clearwater has maintained this portion of State Road 60
for over 30 years; and
WHEREAS, the City of Clearwater desires to further improve and beautify this
right-of-way; and
WHEREAS, the City Council desires to authorize the City Manager to execute a
Highway Landscape Reimbursement and Maintenance Memorandum of Agreement in
order to meet the City's long-range goal of beautifying and maintaining the Memorial
Causeway, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Mayor and City Manager are hereby authorized to enter into a
Highway Landscape Reimbursement and Maintenance Memorandum of Agreement
with the Florida Department of Transportation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-09
'Pvl: P(R~d
DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
Id.l
THIS AGREEMENT, made and entered into as of the day of
200_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the "Department" and the CITY OF
CLEAR WATER, a municipal corporation of the State of Florida, existing under the Laws of
Florida, hereinafter called the "City".
WITNESSETH
WHEREAS, the Department owns State Road 60 (Memorial Causeway) right-of-way
consisting of road improvements and grassed areas abutting thereon located between
770 feet west of the Memorial Causeway Bridge and the Clearwater Harbor Channel in Pine lIas
County, Florida (the "Project Highway"); and
WHEREAS, the City seeks to beautify the Project Highway by the installation of
landscape improvements which would enhance its aesthetic quality; and
WHEREAS, under FP# 403730-1-54-01, the Department has allocated funds for such
improvements and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the
City for eligible expenditures; and
WHEREAS, upon installation of such improvements, the City has agreed to maintain
those improvements in accordance with the provisions below; and
WHEREAS, the Department is authorized pursuant to Section 335.055, Florida Statutes
to enter into contracts with counties and municipalities to perform routine maintenance work on
the State Highway System within the appropriate boundaries; and
WHEREAS, the City has authorized its officers to execute this Agreement on its behalf,
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. SUBMITTALS
a. The City shall produce plans for and install landscape improvements on those areas of the
Project Highway as depicted in the Plans and Specifications to be attached hereto and
incorporated herein as Exhibit "A". All work conducted in connection with plans production and
installation of improvements shall hereinafter be referred to as the "Project".
b. Not later than one hundred twenty calendar days following the execution of this
Agreement or receipt of federal authorization, the City shall submit to the Department five
copies of the landscape plans and specifications including a project maintenance plan sheet, and
two copies of the following attachments: the project schedule, letters of no conflict from all
utilities within the project limits, and a project cost estimate. If the City desires to work closer
than fifteen feet to the edge of pavement or close a traffic lane, maintenance of traffic plan sheets
must be included in the plan set. Within three weeks of the receipt of review comments by the
Department, the City shall revise all documents required herein in accordance with the
Department's comments and submit two copies of the revised documents for the Department's
written approval. Within one week of receipt of Department approval, the City shall submit five
copies of the approved Plans and Specifications to the Department. Failure of the City to submit
any of the required documents within the time periods herein may be cause for termination of
this Agreement.
C. If any of the submittals of the City pursuant to Paragraph 1.b. are rejected by the
Department and returned to the City for revisions or changes, such documents must be approved
and resubmitted to the Department not later than one hundred eighty calendar days fOllowing the
execution of this Agreement or receipt of federal authorization. If such documents are not
resubmitted as approved by this date, the Department may tenninate this Agreement, including
its obligation to reimburse any monies expended for the Project except for those approved
expenditures for design of the project.
d. AH notices, demands, requests or other instruments shall be given by depositing the same
in the U.S. Mail, postage prepaid, registered or certified with return receipt requested.
(I) If to the Department, address to District Landscape Architect, at Florida Department of
Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612-6456 or at such
other address as the Department may from time to time designate by written notice to the City;
and
(2) If to the City address to Michael D. Quillen, P.E., Engineering Director, City of
Clearwater, Post Office Box 4748, Clearwater, Florida 33758-4748 or at such other address as
the City from time to time designates by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands, requests and other instruments.
2. INSTALLATION
a. The City shaH not commence Project installation until the Department has issued a
Notice to Proceed with Construction. Said Notice shall contain the project completion date. The
City shaU noti1'y the District Landscape Architect (DLA) and the Area Maintenance Engineer
forty-eight hours prior to commencing work on the Project site.
b. If the City desires to position vehicles, equipment, or personnel, or to perfonn
maintenance activities closer than fifteen feet to the edge of pavement, or to close a traffic lane,
Maintenance of Traffic shall be in accordance with the Project plans and all Departmental
Maintenance of Traffic Regulations. The City shall have Maintenance of Traffic certified
2 of 10
personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of
the construction or maintenance activity.
c. In the event that any portion of the Project is at any time determined by the Department
to not be in conformance with all applicable laws, rules, procedures and guidelines of the
Department, or is determined to be interfering with the safe and efficient operation of any
transportation facility, or is otherwise determined to present a danger to public health, safety, or
welfare, said portion shall be immediately brought into departmental compliance at the sole cost
and expense of the City.
d. If the City fails to complete the installation of the Project by the completion date set forth
in the Notice to Proceed or abandons the Project, the Department shall provide the City with
written notice of its intent to terminate this Agreement unless the condition resulting in such
notice is corrected. If the City fails to respond or take corrective action within the prescribed
time period set forth in the notice, the Department may terminate the Agreement as provided for
in paragraph .6.a (1), including its obligation to reimburse any monies expended for the Project
except for those portions of the Project already completed by the City and accepted by the
Department.
e. Upon certification of completion by the City, inspection, and conditional approval of the
Project in writing by the Department's Landscape Architect, the Project shall be subject to a
ninety calendar-day establishment period.
3. BILLING and PAYMENT
a. Upon completion of the ninety calendar-day establishment period and approval of the
Project installation by the Department, the City shall, within one hundred eighty calendar days,
furnish the Department with four signed originals of its final and complete billing of all eligible
costs incurred in connection with the Project. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The
invoice shall show the description and site of the Project; the date on which the first work was
performed or the date on which the earliest billed expense was incurred; the date on which the
last work was performed or the last item of billed expense was incurred; and the location where
records and accounts billed can be audited.
b. The Department shall reimburse the City in an amount not to exceed $ 150,000 Dollars
and No Cents for all eligible expenditures for the professional design, purchase, installation, and
establishment of plant material as identified in Exhibit "A". Reimbursement for design
expenditures shall not exceed ten percent of the total reimbursement amount. The Department's
obligation to reimburse the City shall be subject to: (1) legislative approval of the Department's
appropriation request for the work program year in which the Project is scheduled to be
committed; (2) the City's installation of the Project in accordance with the approved documents;
and (3) Department approval of the Project.
c. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for contractors/vendors who
3 of IO
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
1-800-843-3792. The interest penalty for delay in payment shall be in accordance with Section
215.422(3)(b), Florida Statutes.
d. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at any time during the period of this Agreement and for
three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include the City's general
accounting records, together with supporting documents and records, of the City and all
subcontractors performing work on the Project, and all other records of the City and
subcontractors considered as necessary by the Department for a proper audit of costs.
e. 'The parties recognize and accept the funding restrictions as set forth in Section
339.135(6)(a), Florida Statutes, which may affect the Department's obligations hereunder:
The Department during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for the expenditure
during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The
Department shall require a statement from the comptroller of the Department that
funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of
contracts for a period exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for
in the succeeding fiscal years; and this paragraph shall be incorporated verbatim
in all contracts of the Department which are for any amount in excess of $25,000
and which have a term for a period of more than one year.
f. The Department recognizes that the City must comply with Section 166.241, Florida
Statutes. This Agreement shall not be construed to modify, in any way, the City's obligations
under those statutes.
4. AUDITS
Section 215.97, Florida Statutes, the Florida Single Audit Act, requires recipients of federal and
state funds to have audits done annually using the foHowing criteria.
a. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal agency.
(1) In the event that a recipient expends $500,000 or more in Federal awards in its
fiscal year, the recipient must have a single or program specific audit conducted in
accordance with the United States Office of Management and Budget (OMB) Circular A-
133.
4 of 10
(2) If a recipient expends less than $500,000 in Federal awards during its fiscal year,
an audit conducted in accordance with the OMB Circular A-133 is not required. If a
recipient expends less than $500,000 in Federal awards during its fiscal year and elects to
have an audit condncted in accordance with OMB Circular A-B3, the cost of the audit
must be paid from non-federal funds.
b. State awards will be identified nsing the Catalog of State Financial Assistance (CSF A)
title and number, award number and Year, and name of the awarding state agency.
(1) In the event that a recipient expends $500,000 or more in State awards during its
fiscal year, the recipient mnst have a state single or program specific audit conducted in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules
of the Auditor General.
(2) If a recipient expends less than $500,000 in State awards during its fiscal year, an
audit conducted in accordance with Section 215.97 Florida Statutes, and Chapters 10.550
and 10.650, Rules of the Auditor General is not required. If a recipient expends less than
$500,000 in Slate awards during its fiscal year and elects to have an audit condncted in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules
of the Auditor General, the const of the audit must be paid from non-state funds.
c. Reporting Packages and management letters generated from audits conducted in
accordance with OMB Circular A-B3 be received by the appropriate FDOT office no later than
nine months after the end of the recipient's fiscal year. Financial Reporting Packages generated
in accordance with Section 215.97, Florida Statutes, shall be submitted to the awarding FDOT
office by the recipient within thirty days of receiving it.
a The recipient shall follow np and take corrective action on findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of
the audit findings is required. Current year andit fmdings require corrective action and status of
finding.
e. Project records shall be retained and available for at least five years from the date the
audit report is issned. Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is completed or the dispute is resolved. Access to project records and
audit workpapers shall be given FDOT, the Comptroller, and the Office of the Anditor General.
This section does not limit the authority of the Department to conduct or arrange for the conduct
of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
f. The recipient shall submit required documentation as follows:
(I) A reporting Package and Data Collection Fonn for each audit conducted lU
accordance with OMB Circular A-B3 shall be sent to:
Florida Department of Transportation and Federal Audit Clearinghouse
District Maintenance Office Bureau of the Census
5 of]O
MS 7-1200, 11201 N. McKinley Drive
Tampa, Florida 33612-6456
1201 East 10th Street
Jefferson, IN 47132
(2) A Financial Reporting Package of audits conducted in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General
shall be sent to:
Florida Department of Transportation and
District Maintenance Office
MS 7-1200, 11201 N. McKinley Drive
Tampa, Florida 33612-6456
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
g. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General,
as applicable. Recipients should indicate the date that the reporting package was delivered to the
Department in correspondence accompanying the reporting package.
h. In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and
Section 215.97, F.S., monitoring procedures may include on-site visits by the Department,
limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures.
The recipient agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Department. The recipient further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial
Officer (CFO) or Auditor General.
5. MAINTENANCE
a. At such time as the Department issues a Notice to Proceed with Project installation and
until such time as the Project is removed pursuant to Paragraph 6, the City shall maintain the
Project in a reasonable manner and with due care in accordance with Project standards.
Specifically, the City agrees to:
(1) remove litter from all landscaped areas of the Project Highway;
(2) water and fertilize all plants;
(3) mulch all plants beds;
(4) keep plants as free as practicable from disease and harmful insects;
(5) weed the Project premises routinely;
(6) mow and/or cut grass within the areas delineated by the landscape plans;
(7) prune all plants, specifically remove all dead or diseased parts of plants and
prune of all parts of plants that present a visible hazard to those using the
roadway;
(8) replace, or at the City's option, remove all dead or diseased plants or other parts
of the Project that have fallen below Project standards. All replacements shall be
of substantially the same grade, size and specification as originally provided for
6 of 10
in the plans and specifications, unless otherwise authorized by the Department;
and
(9) perform routine maintenance as prescribed by the manufacturer of any Project
irrigation system.
b. Maintenance of the Project shall be subject to periodic inspections by the Department. In
the event that any of the aforementioned responsibilities are not carried out or are otherwise
determined by the Department not to be in conformance with the applicable Project standards,
the Department may terminate the agreement in accordance with paragraph 6.a (1).
c. The Department's Area Maintenance Office shall be notified forty-eight hours in advance
of commencing any scheduled construction or maintenance activities. Emergency repairs shall
be performed without delay and the Area Maintenance Office notified immediately. The Area
Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian
Bennett, P.E., located at 5211 UImerton Rd., Clearwater, Florida, telephone number (727) 570-
5101.
d. Prior to any major Project construction or reconstruction activity, the City shall submit
plans of the proposed work to all utilities with facilities within the limits of work for their review
and comment. The City shall resolve any conflicts and/or concerns raised by the utilities prior to
commencement of such activities. Prior to commencing any field activity on this project, the
City shall notifY all the utilities of their work schedule enabling facilities to be field located and
marked to avoid damage.
e. The Department will require the City to cease operations and remove all personnel and
equipment from the Department's right-of-way if any actions on the part of the City or
representatives of the City violate the conditions or intent of this agreement as determined by the
Department.
6. TERMINATION
a. The Agreement may be terminated under anyone of the following conditions:
(1) By the Department if the City, fOllOwing fifteen calendar days' written notice,
fails to perform its duties under this agreement; or if the City refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the City in conjunction with this
Agreement.
(2) By the City following sixty calendar days' written notice.
(3) By the Department following sixty calendar days' written notice.
b. Within 60 days following a notice to terminate pursuant to 6.a.(1) or 6.a.(2), if the
Department requests, the City shall remove the Project and restore the Project premises to the
same safe condition existing prior to installation of the Project. If the Department does not
request such restoration or terminates this Agreement pursuant to 6.a. (3), the Department may
complete, remove, relocate or adjust the Project as it deems best.
7 of 10
c. It is understood between the parties bereto that any or all of the project may be removed,
relocated, or adjusted at any time in the future as detennined to be necessary by the Department
in order that the adjacent state road be widened, altered, or otherwise cbanged to meet with the
future criteria or planning of the Department. The City sball be given notice regarding sucb
removal, relocation, or adjustment and sball be allowed sixty days to remove all or part of the
Project at its own cost. The City will own that part of the Project it removes. After the sixty
days removal period, the Department may remove, relocate, or adjust the Project as it deems
best. Wherever the City removes improvements pursuant to this agreement, the City shall restore
the surfuce of the affected portion of the Project premises to the same safe and trafficable
condition as it was before installation of such improvements.
6. INDEMNITIES
a. To the extent provided by law, the City sball indenmif'y, defend, and bold hannJess the
Department and all of its officers, agents and employees from any claim, loss, damage, cost,
charge, or expense arising out of any ac~ error, omission, or negligent act by the City, its agents,
or its employees, during the performance of the Agreement, except that neither the City, its
agents, or its employees, will be liable under this paragrapb for any claim, loss, damage, cos~
charge, or expense arising out of any act, error, omission, or negIigent act by the Department or
any of its officers, agents,. or employees during the perfonnance of the Agreement.
b. When either party receives notice of a claim for damages that may have been caused by
the other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Eacb party will evaluate the claim, and report
its findings to each other within fourteen worldng days and jointly discuss options in defending
the claim. A party's failure to promptly notiry the other of a claim will not act as a waiver of any
right herein.
7. GENERAL
a. The Department's District Secretary or his designee shall decide all questions, difficulties,
and disputes of any nature whatsoever that may arise under or by reason of this Agreement the
prosecution, or fulfillment of the service hereunder and the character, quality, amount, and value
thereof; and his decision upon all claims, questions, and disputes shall be fmal and conclusive
upon the parties hereto.
b. A person or affiliate who bas been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
. services to a public. entity, may not submit a bid on a contract with a public entity for the
constrnction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perfonn 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 provided in Section 287.017, Florida
Statutes, for CAlEGORY TWO for a period of thirty-six months from the date of being placed
on the convicted vendor list.
80fl0
c. This Agreement embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby. This Agreement may
not be assigned or transferred by the City in whole or in part without written consent of the
Department.
d. If any provision of the Agreement is held invalid, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
e. This Agreement, regardless of where executed, shall be governed by and construed
according to the Laws of the State of Florida.
9 of 10
IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF CLEARWATER
a political subdivision of the
State of Florida
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
William B. Home, II
City Manager
By:
James V. Moulton, Jr.,P.E.
Director of Transportation Operations,
District Seven
Countersigned:
Frank V. Hibbard
Mayor
Attest:
City Clerk (SEAL)
Attest:
Executive Secretary (SEAL)
Legal Review:
Legal Review:
Assistant City Attorney
Office of the General Counsel, District 7
10 of 10
City Council
Agenda .c~ver Memorandum_
ps - I
I d.d
Tracking Number: 1,907
Actual Date: 02/16/2006
Subject / Recommendation:
Approve Change Order #1 to the Drew/Union Street Reclaimed Water System - Contract #2 -
Booster Pumping Stations (01-0039-UT) to TLC Diversified, Inc. of Palmetto, Florida increasing
the contract amount by $781,890.00 for a new contract total of $3,371,290.00 and approve a
time extension of 43 calendars days and the appropriate officials be authorized to execute same.
Summary:
The City Council previously awarded this contract to TLC Diversified, Inc. at the September 15,
2005 Council Meeting for the amount of $2,589,400.00.
The Drew / Union Street Booster Pump Station project was bid on June 21, 2005 and awarded to
TLC on September 15, 2005. Due to concern from the public about the selected site, it was
decided to pursue an alternate location. Several sites were analyzed and in the interest of time a
Pinellas Countystormwater treatment and mitigation site located on the southwest corner of the
intersection of McMullen Booth Road and Union Street just around the corner from the original
site was selected.
Pursuant to this selection and approval from Pinellas County, an easement was obtained and the
pump station was redesigned to meet the new site conditions. The new design includes
installation of a steel sheet pile retaining wall system around the building within the pond area.
The pump station will be constructed as a conventional slab on grade facility. The facility suction
and discharge lines will be constructed along the west side of McMullen Booth Road and
connected to the existing infrastructure at the intersection of McMullen Booth Road and Union
Street.
This change order is to include the additional construction costs associated with the new site and
escalation due to the delay in start of construction precipitated by the site relocation for the
Union Street Pump Station. This also includes the additional requirements set forth by the City
of Clearwater Building Department for the Drew Pump Station.
There are sufficient budget and revenue in the Capital Improvement Program project
0315-96739, Reclaimed Water, to fund this change order.
A copy of the change order is available in the Official Records and Legislative Services Office for
review.
Originating: Public Services
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
~:!>'Ii_!lo!""""'O!~t!_o;,;,,__",~~~~_
-=
City Council
Agenda Cover Memorandum
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order
In Current Year Budget?
Yes
Budget Adjustment:
No
Appropriation Code(s)
0315-96739-563800-533-000
Amount
$781,890.00
Comments
Review Approval
Garv Johnson
Bryan Ruff
01-27-2006 14:39:33
02-06-2006 08:26:51
01-30-2006 11:45:26
02-02-2006 16:04:55
01-30-2006 12:14:18
02-03-2006 18:03:59
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
DATE:
January 27.2006
CHANGE ORDER #1
PROJECT: DrewfUnion Streets Reclaimed Water System-
Contract #2 - Booster Pumping Stations
PROJECT NUMBER:
01-0039-UT
PO REFERENCE NO.:
ST 101434
CONTRACTOR: TLC Diversified, Inc.
2719 -17th Street East
Palmetto, Florida 34221
DATE OF CONTRACT: October 05.2005
CODE:
0315-96739-563800-533-000-0000
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACI
See ,attached'sJ:leet fdr inere items and approve a time extension of 43 days.
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
ACCEPTED BY:
$2,589,400.00
$781.890.00
$3,371,290.00
TLC Diversified, Inc.
BY:
(SEAL)
Frank Hibbard
Mayor
Date:
Witnesses:
Bryan D. Ruff
Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Date:
Gary A. Johnson, CGC
Public Services Director
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
William B. Home, II
City Manager
Michael D. Quillen, P.E.
City Engineer
Page 2 of2
Change Order # 1
DrewlUnion Streets Reclaimed Water System - Contract #2 - Booster Pump Stations (OI-0039-UT)
ITEM DESCRIPTION
UNIT
QUANTITY
Code ???
Additional Item - Union Booster Pump Station
Additional construction costs
associated with the new site and
7 A inflation on building materials
Additional Item - Del Oro Booster Pump Station
Additional costs due to Building
15A Depa.rtment requirements
UNIT COST
TOTAL
LS
$ 654,180.00 $
Total Additional Items $
LS
$ 127,710.00 $
Total Additional Items $
Total Increase to Contract $
654,180.00
654,180.00
127,710.00
127,710.00
781,890.00
O~.................,........"_....J.. City Council
t .. SIQ
:....:....... . _.__~enda covE!!~ Memorandu~_._
c'A- ~
13. \
Tracking Number: 1,874
Actual Date: 02/16/2006
Subject I Recommendation:
Pass Ordinance 7597-06 on first reading, repealing Chapter 30, Article V. Clearwater Code of
Ordinances, relating to tolls on the Clearwater Pass Bridge.
Summary:
Chapter 30, Article V. of the Clearwater Code of Ordinances currently regulates tolls on the
Clearwater Pass Bridge. Because no tolls are collected on the bridge, the Article is unnecessary
and should be repealed.
Originating: City Attorney
Section City Attorney Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
01-17-2006
13:20:09
Cvndie Goudeau
02-02-2006
14:09:34
~'r CA - '-I
rS . )
ORDINANCE NO. 7597-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE TRAFFIC AND MOTOR VEHICLES;
REPEALING CHAPTER 30, ARTICLE V. CLEARWATER CODE
OF ORDINANCES, RELATING TO TOLLS ON THE
CLEARWATER PASS BRIDGE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, there are no tolls collected on the Clearwater Pass Bridge; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 30, Article V., Clearwater Code of Ordinances, is hereby
amended as follows:
Article V" Reserved. CkJarwat.er Pass Bridge
Sec. 30.161. Toll schedule.
The rates adopted for the use of Clearwater Pass Bridge arc 3S prescribed
in 3ppendix ^ to this Code.
Sec. 30.162. Failure to P3Y tell; exceptions.
(1) It shall be unlavJfuI for the operator of any motor vohiclo, truck, bus, or taxic3b to
eper3te such vehicle through tho toll booth located on Clearwater P3SS Avenuo at the
Cle3rv.l3tor P3SS Bridge without first paying the posted toll for each motor vohicle, truck,
bus, or t3xic3b except as provided for in this section.
(2) The following persons shall be exempt from the payment of tho toll:
(a) Any porson oper3ting an automobile or othor vohiclo belonging to the military
dop3rtment of tho St3tO usod for transporting milit31)' porsonnol, stores and proporty,
v.'hen properly identified, '!.'hile on official military business;
(b) J\ny handicapped person ':..ho has a valid driver's Iiconse, who operatos 3 vehicle
specially equipped for use by the handicapped, and who is certified by a physician
licensed under F.S. ch. 458 or 459, or by comparable licensing in 3nother state or by
the Acijudic3tion Office of tho Veterans Administration as being soverely physically
dis3bled and h3ving permanent upper limb mobility or doxterity impairmonts \".'hich
subst3nti311y impair the person's ability to deposit coins in toll baskets.
Sec. 30.163. Exemption application and records.
Ordinance No. 7597-06
The fin~mce director is authorized to dovolop 3 Clearwater Pass Bridge exemption
application to be completod by all af.ktctod bridge usors, excluding podestrians, as
specified in seotion 30.161. Tho exomption providod in soction 30.161 sholl not bo
effective until such application is completed and approved by the financo director. Such
3pplication shall specify the re3sonable identification procedure to be utilized by
Clear,,":ater Pass Bridge personnol in granting toll exempt use of Cloarwater Pass
Bridge and recording exempt user reports to tho appropriate user closs and benefiting
agency. Such reportssh31l be maintainod by bridge personnel and submitted
periodically to the financo director.
Sec. 30.164. Token system.
(1) The fin3nce director shall bo responsible for obtaining and soiling tokens. The city
m3n3ger shall determine tho places '.vithin the city whore such tokens 'Nil! be sold 3nd
shall establish regulations relating to the sale and distribution of the tokons.
(2) The city shall have no obligation to repurchase 3ny of tho tokens sold in the m3nner
provided in this soction.
(3) The token system provided for in section 30.161 shall be limited to W:o 3xle
vehicles, including motorcyclos, mopeds, and public agency buses, but excluding
private buses and vehicles towing trailers.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7597 -06
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