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02/02/2015Monday, February 2, 2015 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda February 2, 2015Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Service Awards2.1 3. Human Resources Approve the Collective Bargaining Agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit for Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. (consent) 3.1 Approve the purchase order in the amount not to exceed $456,000 for life insurance premiums for City Basic Life, CWA Life, SAMP Life, SAMP Supplemental Life, Retiree Life, and Long Term Disability coverage for the two-year period from January 1, 2015 to December 31, 2016. (consent) 3.2 4. Parks and Recreation Approve a recommendation by the Public Art and Design Board for the commission of a public art installation for the Countryside Branch Library located at 2642 Sabal Springs Drive, as designed by artist Joan Weissman for a total cost of $62,500.00 to be funded from Countryside Branch Library Construction (CIP 315-93528). (consent) 4.1 Amend the Clearwater Code of Ordinances, Appendix A, relating to Parks, Beaches, and Recreation Schedule of Fees, Rates and Charges Section XI, establishing additional options in lieu of non-resident card purchase for youth involved in City Co-Sponsored recreation youth groups and disabled United States military veterans and pass Ordinance 8681-15 on first reading. 4.2 5. Engineering Approve an increase to Florida Department of Transportation (FDOT) in the amount of $52,282.71 for the Joint Participation Agreement between FDOT and the City of Clearwater for the S.R. 590 from West of Marilyn Street to East of Audrey Drive Improvement Project; and authorize the appropriate officials to execute same. (consent) 5.1 Approve a work order to Engineer of Record (EOR) Interflow Engineering, LLC of Tampa, Fl, in the amount our $255,691 and a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $1,950,000 for Hillcrest Avenue Bypass Culvert, and authorize the appropriate officials to execute same. (consent) 5.2 Page 2 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Award a construction contract to C and M Dredging, Inc. of Leesburg, Florida, in the amount of $103,620 for Maintenance Dredge Services in Spring Branch and Stevenson Creek at Betty Lane and authorize the appropriate officials to execute same. (consent) 5.3 Approve a Work Order to Engineer of Record (EOR) Interflow Engineering LLC of Tampa, Fl, in the amount of $146,400, a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $900,000 for Mango Street Stormwater Improvements, and authorize the appropriate officials to execute same. (consent) 5.4 Award a construction contract to Bio Mass Tech Inc of Land O’Lakes, Fl, in the amount of $307,832.00 for construction of Byram Drive Channel Erosion Control Improvements (13-0009-EN) which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 5.5 Award construction contracts for a comprehensive maintenance program to clean, inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater in the amount of $5,660,000 for an initial 2-year term with an option of one 2-year term to the following vendors: Hinterland Group, Inc. of West Palm Beach, FL, Layne Inliner, LLC of Sanford, FL, Rowland Inc. of Pinellas Park, FL, Concrete Conservation, Inc. of Jacksonville, FL, VacVision Environmental, LLC of Tampa, and National Power Rodding Corp. of Chicago, IL which are the lowest responsible bids received in accordance with the plans and specifications of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT), and authorize the appropriate officials to execute same. (consent) 5.6 Approve the Business Lease Contract between the City of Clearwater and Nosoco, Inc. for the lease of city-owned property, known as the Harborview Center, located at 320 Cleveland Street, and authorize the appropriate officials to execute same. (consent) 5.7 Accept a Water Main Easement conveyed by Grow Financial Credit Union over property located at 2768 Gulf to Bay Boulevard, Clearwater. (consent) 5.8 Approve the request from Calvary Baptist Church (a/k/a. First Baptist Church of Clearwater) to vacate two portions of public right-of-way and an Easement for Right of Way, Sidewalk and Utilities, and pass Ordinance 8682-15 on first reading. (VAC2014-04) 5.9 6. Public Utilities Page 3 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Approve two Blanket Purchase Orders to Evoqua Water Technologies, of Pittsburgh, PA, in the amount of $95,000.00 for Odophos and $67,000.00 for PRI-SC, for a total of $162,000.00 for a one-year period, and authorize the appropriate officials to execute same. (consent) 6.1 7. Solid Waste Award a contract (Purchase Order) for $114,292.00 to Vermeer Southeast of Clearwater, FL for the purchase of one 2014/15 Vermeer D913x13 S3 Navigator Horizontal Directional Drill, in accordance with the National Joint Powers Alliance Contract 070313-VRM (Category: Public Utility and Airport Equipment), 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) 7.1 Award a contract (Purchase Order) for $143,630.50 to Alan Jay for one 2015 Ford F250 and two 2015 Ford F450’s for Gas Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Contract 14-22-0904, 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) 7.2 Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City’s option (Invitation to Bid 08-15) with Iron Container LLC of Miami and Lake Alfred, FL in the annual amount of $100,000 for the purchase of front load containers as provided in the City’s Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute same. (consent) 7.3 8. Official Records and Legislative Services Provide direction to the Charter Review Committee. (WSO)8.1 9. Legal Authorize settlement of Rosales v. City of Clearwater, Case 13-007280-CI, for payment by the City of the sum of $40,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) 9.1 Request for authority to institute a civil action on behalf of the City against Anthony C. Najera to recover $1,449.00 for damages to city property. (consent) 9.2 Page 4 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Adopt Ordinance 8619-15 on second reading, amending Chapter 8, Code of Ordinances, to create Section 8.36, requiring persons in control of dogs on property other than the owner’s to remove and dispose of dog waste and providing that no person shall allow an accumulation of dog waste on their property in a manner that creates a health hazard or public nuisance. 9.3 Adopt Ordinance 8635-15 on second reading, annexing certain real property whose post office address is 1266 Palm Street, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.4 Adopt Ordinance 8636-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1266 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.5 Adopt Ordinance 8637-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1266 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.6 Adopt Ordinance 8638-15 on second reading, annexing certain real property whose post office address is 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.7 Adopt Ordinance 8639-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, upon annexation into the City of Clearwater, as Residential Low (RL). 9.8 Adopt Ordinance 8640-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post address is 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.9 Page 5 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Adopt Ordinance 8641-15 on second reading, annexing certain real property whose post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.10 Adopt Ordinance 8642-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.11 Adopt Ordinance 8643-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.12 Adopt Ordinance 8644-15 on second reading, annexing certain real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.13 Adopt Ordinance 8645-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.14 Adopt Ordinance 8646-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.15 Adopt Ordinance 8647-15 on second reading, annexing certain real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.16 Page 6 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Adopt Ordinance 8648-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU) and Preservation (P). 9.17 Adopt Ordinance 8649-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). 9.18 Adopt Ordinance 8651-15 on second reading, approving the annexation of property located at 2222 Lake Shore Drive together with all right-of-way of Fourth Avenue South from Lake Shore Drive to Third Avenue South. (ANX2014-07011) 9.19 Adopt Ordinance 8652-15 on second reading, approving a Future Land Use Map Amendment from the Residential Suburban (RS) designation to the Residential Low (RL) and Residential Low Medium (RLM) designations for property located at 2222 Lake Shore Drive. (LUP2014-07002) 9.20 Adopt Ordinance 8653-15 on second reading, approving a Zoning Atlas Amendment from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) for property located at 2222 Lake Shore Drive. (REZ2014-07002) 9.21 Adopt Ordinance 8654-15 on second reading, approving amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Brewpubs, Community Gardens, Microbreweries, and Urban Farms as permitted uses and providing for development standards, and flexibility criteria for those uses; modifying the accessory use and parking lot surface standards with regard to community gardens; providing for an exception to parking lot setbacks, modifying the dock and landscape divisions; modifying the temporary use provisions with regard to temporary emergency housing; providing for operational standards pertaining to Community Gardens and Urban Farms; providing standards for non-contiguous annexations; providing for and modifying various definitions; and modifying the fee schedule in both the Community Development Code and Code of Ordinances with regard to tree permits. (TA2014-00003) 9.22 Page 7 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda Adopt Ordinance 8674-15 on second reading, annexing certain real property whose post office address is 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.23 Adopt Ordinance 8675-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Institutional (I). 9.24 Adopt Ordinance 8676-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Institutional (I). 9.25 10. City Manager Verbal Reports 11. City Attorney Verbal Reports Update on performance milestones on K and P Clearwater Estate development agreement. (WSO) 11.1 12. Council Discussion Item Homelessness Funding - Mayor Cretekos12.1 Proposed Modification to Clearwater Sign Code as Recommended by Streetsense - Councilmember Jonson 12.2 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting Environmental Advisory Board Presentation - Ed Chesney, Engineering16.1 National 2-1-1 Day Proclamation16.2 Outback Bowl Presentation - Chuck Riggs, Beach Day Chairman and Mike Schulze, Director of Communications and Sponsorships 16.3 Myeloma Awareness Month Proclamation16.4 Page 8 City of Clearwater Printed on 2/2/2015 February 2, 2015Council Work Session Work Session Agenda 2014 Florida School Crossing Guard of the Year Award - Police Chief Dan Slaughter 16.5 Page 9 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-789 Agenda Date: 1/12/2015 Status: GivenVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Lisa Hayes Engineering Thomas Hooker Parks and Recreation 10 Years of Service Alexander West Public Utilities Leonard Cox Public Utilities Matthew Anderson Police 15 Years of Service Leo Mazzullo General Services Michael Lockwood Parks and Recreation 20 Years of Service Vicki Dettenwanger Risk/Finance Diane Hufford Economic Development & Housing 25 Years of Service John Scott Customer Service Keith Shive Fire Bradley Golomb Fire Michael Stonelake Police David Young Police Christopher Squitieri Police 30 Years of Service Michael Deegan Gas Peter Hegedus General Services Michael Holmes Economic Development & Housing Page 1 City of Clearwater Printed on 2/2/2015 File Number: ID#14-789 35 Years of Service Torin McCray Solid Waste Page 2 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-900 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the Collective Bargaining Agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit for Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current Collective Bargaining Agreement between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining unit expires on September 30, 2015. City management staff and representatives of the Fraternal Order of Police reached a tentative agreement for a new contract. The bargaining agreement was submitted by the union to its members who ratified the agreement by a vote of 90 to 5 on January 12, 2015. The agreement is a three-year contract providing for a 4% merit increase in each year of the agreement for all bargaining unit members who receive a rating of satisfactory or better on their annual performance evaluation. The agreement also includes an increase in the vacation accrual cap from 240 hours to 320 hours, utilization of Life Scan Wellness examinations to accomplish the annual physical examination requirement, providing 5% job assignment pay for Police Service Technicians who are providing field training, and an increase of the annual tuition reimbursement limit from $1500 to $1800 for approved Masters degree level courses. APPROPRIATION CODE AND AMOUNT: The increased cost associated with the implementation of this agreement to include the cost for salary and estimated benefit increase is anticipated to be as follows: Fiscal Year (FY) 2015/16: $669,618 (includes estimated increase of benefit cost of $5,000) FY 2016/17: FY2015/16 amount ($669,618) plus $706,203 (includes estimated increase in benefit cost of $15,000) = $1,375,821 FY 2017/18: FY2016/17 amount ($1,375,821) plus $733,851 (includes estimated increase in benefit cost of $15,000) = $2,109,672 Total: $2,109,672 Page 1 City of Clearwater Printed on 2/2/2015 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2015 -2016 2016 -2017 2017 -2018 TABLE OF CONTENTS ARTICLE #TITLE PAGE # Preamble.........................................................................................1 Article 1 Recognition and General Provisions..............................................1 Recognition.....................................................................................................1 Contract Constitutes Entire Agreement.....................................................1 Severability and Waiver.................................................................................2 Existing Rules.................................................................................................2 Article 2 Representatives of Parties..............................................................2 Article 3 Rights of Parties.............................................................................3 Officers Bill of Rights...................................................................................3 City’s Management Rights............................................................................4 Union Rights..................................................................................................4 Article 4 No Strike.........................................................................................7 Article 5 Labor/Management Cooperation..................................................7 Article 6 Grievance Procedure......................................................................8 Definition........................................................................................................8 Steps................................................................................................................9 Arbitration....................................................................................................10 Article 7 Personnel Practices.......................................................................11 Police Officers’ Duties................................................................................11 Special Duty Call Out..................................................................................11 Off-Duty Calls.............................................................................................11 Probationary Periods...................................................................................12 Promotional Procedures.............................................................................13 Establishment and Duration of Eligibility Lists......................................14 Removal of Names from Eligibility Lists.................................................14 Appointments...............................................................................................15 Productivity..................................................................................................15 Training.........................................................................................................15 Personnel Records.......................................................................................16 Residency Requirements.............................................................................16 Tobacco Product Usage..............................................................................16 Seat Belts and Safety Gear..........................................................................17 Off-Duty Concealed Weapons..................................................................17 Physical Examinations, Inoculations, and Fitness..................................18 Outside Employment..................................................................................18 Legal Protection...........................................................................................19 Copies of Municipal Code..........................................................................19 Paycheck Issuance.......................................................................................19 TABLE OF CONTENTS ARTICLE #TITLE PAGE # Article 7(continued) Master Officer Designation…………………………………………19 Subcontracting…………………………………………………...…19 Article 8 Leaves of Absence........................................................................20 Designated Holidays....................................................................................20 Floating Holidays.........................................................................................20 Vacation........................................................................................................23 Sick Leave.....................................................................................................24 Bonus Leave Days.......................................................................................27 Leave Pool....................................................................................................27 Funeral Leave...............................................................................................29 Military Leave...............................................................................................29 Time Off.......................................................................................................32 Leave Without Pay......................................................................................33 Article 9 Wages & Compensation...............................................................34 Wages............................................................................................................34 Overtime.......................................................................................................36 Compensatory Time....................................................................................37 Shift Differential..........................................................................................37 Standby..........................................................................................................37 Recall.............................................................................................................38 Acting Pay.....................................................................................................38 Job Assignment Pay....................................................................................38 Canine Officers............................................................................................39 Court Attendance and Standby..................................................................40 Line-of-Duty Injury.....................................................................................41 Uniform Allowance.....................................................................................43 Tuition Refund.............................................................................................43 Article 10 Insurance......................................................................................43 Article 11 Performance & Discipline............................................................44 Article 12 Drug & Alcohol Policy.................................................................45 Article 13 Retirement....................................................................................46 Article 14 Seniority, Layoff, and Recall........................................................47 Article 15 Duration, Modification, & Termination......................................49 Appendix A Pay Schedules..................................................................................i Page 1 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1.Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in itscertification No. 239, dated June 24, 1976, as modified by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include Police Service Technicians) and amended by Case No. AC-2003-008 (substitution of F.O.P. Lodge #10 as certified bargaining agent), which certification includes all Police Officers below the rank of Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully completed the State law enforcement certification exam, "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from this recognition. Section 2.Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily andunqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whetheror not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein Page 2 This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 3.Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. Section 4.Existing Rules A Police Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departmental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct for members of the bargaining unit. The Union shall have the right to meet with the Police Chief or his/her designee to discuss the item. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1.The Cityagrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefor during the term of this Agreement. Page 3 Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2.The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreement. ARTICLE 3 RIGHTS OF PARTIES Section 1.Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2.It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer’s Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3.The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non- membership in any employee organization. Section 4.The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Uniondetermines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Section 5.The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the Grievance Procedure contained herein, but shall be subject only to the method of review prescribed by law. Page 4 Section 6.City’s Management Rights A.Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for just cause; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. B.If in the discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement will be pursuable on termination of the declared emergency. C.Management shall not assign, reassign, discipline, demote, or discharge any employee of the bargaining unit in an arbitrary or capricious fashion. D.The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement upon timely request by the Union and to the extent provided by law. Section 7.Union Rights A.Union Dues and Checkoff -- During the term of this Agreement the City agrees to deduct dues owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statement from each employee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwisemoved out of the bargaining unit. Upon notification from the Union as to the amount, the City shall raise the dues deduction according to the established amount provided in the Union bylaws. Page 5 This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B.Stewards -- The stewards of the Unionshall consist of active, current sworn employees of the bargaining unit or their designee. The Unionwill submit a list of the elected officers, stewards, and designees to the Chief of Police and shall notify the Chief of Police of any changes to the list. Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union President or another steward for representation. A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C.Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with dues deduction. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. D.Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Such hours shall also be used for time spent by bargaining unit members at any meetings pertaining to the City of Clearwater where the members are specifically representing the interests of the Union. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and inthe interest of the City. Union time off with pay shall be provided for up to five Union representatives(excluding a note taker) for contract negotiations.Requests for use of this time shall be made in advance in writing and submitted on the proper form by one of the elected officers of the bargaining unit to the immediate supervisor of the bargaining unit member who will be utilizing the union time. The Police Chief or his/her designee will grant such time off provided that, in his/her sole and unlimited discretion, the efficiency of operation of the department will not be interfered with or impaired. Any portion of the time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. Union time for contract negotiations may be negotiated as part of the contract ground rules. Page 6 E.Union Notification Media -- The City agrees to provide space on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P. information. The Police Chief or his/her designee shall review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political campaigns. F.Rules and Regulations and Memorandums (a)The President of the Unionshall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b)The President of the Union or his/her designee shall be forwarded a copyof the meeting time and place of the Civil Service Board in advance of that meeting. G.Posting and Copying of Agreement -- The City and the Union further agree to provide each member of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing shall be shared equally by both parties. H.Use of Copying Equipment -- The City agrees to allow the Union officers to use the Departmental copying equipment while off-duty under the following conditions: (a)The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b)The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c)Departmental business will of course take priority and the Union will only be allowed to make copies while the Department is not otherwise using the copier. I.The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. J.The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with. Page 7 K.The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agendadirectly affects members of the bargaining unit, the Union President or his/her designated representative may petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld. L.With prior approval and providing the department determines in its sole discretion that there will be no adverse impact to operations, the Secretary, Treasurer, State Trustee or Board Member will be permitted to attend labor meetings or the regular monthlymeetings of the Lodge if they are working. However, they will be subject to call, and such meeting hours shall not be counted toward the Union time referenced in paragraph D of this Section. M.The City shall grant the Union time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his/her designee. The Department will grant such time off provided that in the opinion of theDepartment operations will not be interfered with. ARTICLE 4 NO STRIKE Section 1.The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union or its affiliates. Section 2.Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Section 3.Should any member of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. Section 4.The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. Page 8 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1.A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and discuss the issue with the immediate supervisor. Section 2.All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. The grieving party must state in writing the remedy sought to resolve the grievance. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Any grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however onlythe spokesperson needs sign the grievance. Page 9 STEP 1 If the issue is not resolved by the immediate supervisor, the aggrieved employee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the employee’s chain of command, the aggrieved employee shall appeal to the next step. The lieutenant shall review the grievance and meet with the employee and an official bargaining unit Steward or other representative if one is requested. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The lieutenant shall submit a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. Where the lieutenant determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved employee within ten (10) working days of the date of the answer in the first step, shall present it to the Division Head or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) working days of the date of notification from the Division Head or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employeemay be accompanied at this meeting by an official bargaining unit Steward or other representative. The Chief of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee and an official bargaining unit Steward or other representative if requested. The City may determine who shall meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction. Page 10 Section 3.In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section. A.Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved party, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the partiesshall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, and then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief. B.Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days from the filing of briefs by the parties. C.The arbitrator shall arbitrate solely the issue presented. D.Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. Section 4.Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate theprovision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Page 11 ARTICLE 7 PERSONNEL PRACTICES Section 1.Police Officers’ Duties A.The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B.The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be provided a noose for use by Police Officers in moving dead animals. Section 2. Special Duty Call Out A.All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than 5 working days priorto that event including canine demonstrations. B.This section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C.Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, Traffic section, or community policing teams are subject to adjustments of their hours and/or days to meet the circumstances at hand. Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. Section 3.Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor, member of the State Attorney’s office, or a coworker who has been directed todo so by a supervisor for departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a)If the call is six (6) minutes or less, the employee shall be credited with one-tenth of anhour of work time. (b)If the call is greater than six (6) minutes, the employee shall be credited with the actual time involved for work time. Page 12 (c)If the employee is called by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor, and as a result of the call is required to take an official action at home on behalf of the City to obtain information, to call other employees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid. (d)Employees shall be compensated for any self-generated telephone calls that are deemed appropriate and duly authorized for payment by their immediate supervisor. Section 4.Probationary Periods A.Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar months during which time the Department shall observe and review the employee's job performance, attendance, attitude andadherence to Departmental and City requirements. If during the initial probationary period, or at the end of such period, the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or may be separated by the City. The employment status of an employee whose probationary period is extended shall remain the same as that during the initial probationary period. An employee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the employee reasons for separation in such event. In the event that the employee was previously a certified City employee who was promoted, said employee may have his/her promotional probationary period extended, or may be returned to his/her former position provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position at the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated and have his/her name placed on a re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. B.Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve an initial probationary period consisting of the time required to successfully complete the Field Training Officer Program and an additional twelve (12) consecutive calendar months following the successful completion of the Field Training Officer program during which time the Department shall observe and review the employee's job performance, attendance, attitude, and adherence to Departmental and City requirements. Page 13 If, during the initial or promotional probationary period or at the end of such period the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial or promotional probationary period extended or may be separated by the City. The City shall present to the employee reasons for separation in such event. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been previously certified under Civil Service rules in another classification and who is promoted to Police Officer and subsequently fails to satisfactorily complete the promotional probationary period as a Police Officer may have his/her promotional probationary period extended, or may be returned to the former non-police City position which the employee previously held as a certified employee provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position of the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated by the City and placed on the re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed andnot have his/her name placed on a re-employment list. Section 5.Promotional Procedures A.All non-probationary Police Officers who have completed five years of service as an Officer in the Clearwater Police Department shall be eligible to compete for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to compete for the position of Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager/designee. B.The minimum educational requirement for promotion to Police Sergeant shall include a two- year degree, or the equivalent credit hours from an accredited college or university. C.The promotional eligibility process for Police Sergeant will consist of an evaluation of established criteria which may include a written examination, oral interview, education and prior experience, specialized assignments, performance evaluations, prior disciplinary actions, seniority, or other factors as determined by the Police Chief. Such criteria shall be noted on the announcement of each eligibility determination process, and shall be weighted and scored to obtain a final eligibility rating for each candidate. The promotional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D.Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employeeswho at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitledto have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B of that Section. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this or other applicable Agreement. Page 14 Section6.Establishment and Duration of Lists The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each time an opening exists. Names of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating determined by the established evaluation process, and names of candidates shall be placed on the Police Service Technician eligibility listin alphabetical order of all persons who have been determined to meet the minimum eligibility criteria. The City shall not be required to prepare a promotional eligibility list solely because there is not an available list, unless there is a current opening. Section 7.Removal of Names from Lists Names of eligibles shall be removed from the appropriate Eligibility List by operation of any of the following: (a)Appointment through certification from such list to fill a permanent position. (b)Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c)Declination of appointment when appointment is offered by the Police Chief or City Manager/designee. (d)Separation from the Cityservice of an employee on a promotional list. (e)Disability that prevents the eligible from performing satisfactorily the duties of the position. (f)Removal from the employment area designated by the City when such residence iswas required as a condition of appointment. (g)Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. (h)Names of eligibles may be removed from the Eligibility List if theCity deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employment background, training, education, or character. (i)Any examinee who divulges to any other person information relating to questions and/or materials contained in a test will be subject to disqualification from the Eligibility List and to discipline. Page 15 Section 8 Appointments Selection from the Eligibility List shall be at the sole discretion of the PoliceChief. Selection criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated job performance, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the time candidates are advised that a selection process will be conducted. An eligible who has been interviewed for an opening need not be interviewed again for a period of two years unless the eligible requests such. The department shall counsel with any eligible who is not selected for promotion upon the request of the employee. The City and Union agree that this Section may be reopened during the period from October 1, 2012to September 30,2015for the purpose of negotiating mandatory subjects of bargaining related to the promotional selection process only. If this Section is reopened and the parties are unable to reach agreement, the existing language and related process shall be maintained asthe status quo, and shall not be subject to the impasse procedure. Section 9.Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as itdeems appropriate to improve productivity. Section 10.Training Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The department will select officers for attendance using these criteria: (a)Ability of the officer as shown in performance evaluation. (b)The officer's duties and assignments (past, present and future). (c)Seniority in the department. (d)The officer's demonstrated interest. (e)Available personnel and staffing needs of the Department. (f)The amount of prior training received. Page 16 All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless (1) attendance at the training is voluntary and (2) the training occurs outside the employee’s regular work hours and (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. Section 11.Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefor, such information shall be released in accordance with Florida Statutes governing public records. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall informthe employee upon his/her return to work. Section 12.Residency Requirements Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County and Hillsborough County from the western boundary eastward to Interstate 75. When response times are an operational factor in specialduty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13.Tobacco Product Usage Sworn employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Section 14.Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Employees are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. Page 17 Whenever an employee is furnished with City safety gear, he/she shall wear it whenever he/she is on duty. An employee who has requested personal body armor (bullet resistant vest) either as original issue for new hires or as a replacement due to wear shall not be placed on patrol duties or hazardous assignments until such equipment has been issued. Section 15.Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has met departmental qualification standard for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carryan off-duty firearm for which the Department armorer is unqualified to perform maintenance will be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certificationto the Department that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45. Officers whoare temporarily assigned to Department approved undercover assignments other than full-time Detective assignments may carry their Department issued firearm or a personally owned “off-duty” firearm provided that the Officer has met the Department’s qualification, inspection, and any other requirements for off-duty weapons as defined herein and in accordance with Department policy. Officers shall carry only ammunition approved by the Department armorer in both their on- duty and off-duty firearms. The Department will provide ammunition for on-duty use, qualifying, and open range day only for Department issued firearms or for Department authorized off-duty firearms of the same caliber as the Department issued firearms only. It will be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition. Section 16.Physical Examinations,Inoculations, and Fitness A.The City and Union agree that the physical fitness of police officers is of importance to insurethe public of quality police service. Police Officers are required to undergo an annual physical examination as determined by the Police Chief. Physical examinations shall be in accordance with current medical guidelines that are gender and age specific. During the first year of the agreement (October 1, 2015 through September 30, 2016), the physical examination will be performed by the employees’ Primary Care Physician or by a Life Scan Wellness Center, at the option of the employee. Commencing with the second year of the agreement, the Life Scan Wellness Examination will be mandatory for all Police Officers. Page 18 The cost of the employee’s co-payment for the physical examination or Life Scan Wellness Examination will be paid by the City. The employee shall schedule the physical examination with his/her own Primary Care Physician. The employee shall provide the Department a “Fitness for Duty Report” from the Primary Care Physician which shall include, but not be limited to, the specifics of any heart related condition including preventive care recommendations. B.In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the officer's household. C.Proof of the exam must be submitted prior to the employee’s annual performance evaluation date. D.Employees may schedule said physicals while on duty. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. However, evening and night shift employees shall be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. The maximum amount of flex time permitted for employee physicals shall be two hours per office visit up to a maximum of two visits unless otherwise authorized in advance by the Department. E.The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of thephysical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The Life Scan Examination will not be used as the sole justification for a fitness for duty examination. The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. F. The City and the Union may mutally agree to reopen negotiations to discuss monetary incentives for physical fitness. Section 17.Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” Page 19 employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon the mutual agreement of the parties. Section 18 Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this defense. Section 19.Copies ofMunicipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to members of the unit upon request. Section 20.Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Employees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided 14 days written notice is given to the City’s payroll division. Section 21.Master Officer Designation The City and Union agree that this Article may be reopened during the period from October 1, 2012to September 30, 2015for the purpose of negotiating mandatory subjects of bargaining related to the development and implementation of a Master Officer designation only. If this Article is reopened and the parties are unable to reach agreement, the existing language shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 22.Subcontracting The City agrees that for the period from October 1, 2015 through September 30, 2018, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Officer’s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Page 20 ARTICLE 8 LEAVES OF ABSENCE Section 1.Holidays A.There shall be nine (9) paid holidays. They shall be: New Year's Day January 1 Martin Luther King Day Federal Holiday President's Day Federal Holiday Memorial Day Federal Holiday Independence Day July 4 Labor Day Federal Holiday Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 The City shall permit the use of bargaining unit seniority within existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. If an employee is scheduled to work on a holiday, the employee’s scheduled shift must have the majority of hours on the actual scheduled holiday to receive holiday pay. Additional time worked immediately preceding or following the holiday shift does not determine holiday pay. B.In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. C.In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D.Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E.An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour and 10- hour officers are paid eight (8) hours holiday pay. Both types of employees have worked 40 hours and are paid 48 hours –a full week plus one (1) holiday. F.Floating Holidays: In addition to the designated holidays above, employees shall be entitled to up to four (4) floating holidays as herein provided. Neither the holidays listed in paragraph (A) above nor any day for which an employee is not scheduled to work may be selected as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: Page 21 (a)No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. (b)During the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following: Date ofHire Floating Holidays Awarded January to the end of March 4 April to the end of June 3 July to the end of September 2 October to the end of December 1 (c)Floating holidays must be taken in full-day increments and may not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. (d)An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend. The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election. (e)Floating holidays are scheduled at the mutual convenience of the employee and the Department. G.Pay procedures regarding specific situations as related to holidays follow: NOTE: Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in sick when scheduledto work, the officer shall receive holiday pay (8 hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be charged sick leave. (a)Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift and ten (10) hours holiday pay for the 4/10 shift. Both types of employees are paid for 40 hours --a standard work week minus one work day plus one day holiday. (b)Procedure when holiday falls on officer's scheduled work day and officer works the day: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. (c)Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Page 22 Whether the overtime hours are straight overtime or premium overtime isdetermined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (d)Procedure when holiday falls on officer's scheduled work day and officer takes part of the day off: Employees on both 5/8and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. A Police Officer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. (e)Procedure when holiday falls on officer's regular day off, but officer works overtime: Employees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week. (f)Procedure when premiumholiday falls on officer's scheduled work day and employee works his/her scheduled day: Employee receives 2-1/2 times regular pay for all hours worked. (g)Procedure when premium holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2- 1/2 times regular pay for all hours worked. (h)Procedure when premium holiday falls on officer's scheduled work day but officer takes part of the day off: If the employee works eight(8) hours or more, all hours worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i)Procedure when premium holiday falls on officer's regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rateof pay as determined by overtime calculations. (If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Page 23 Section 2.Vacations A.Accrual of Vacation Leave 1.Vacation leave shall be accrued on a bi-weekly basis and will be pro-rated according to hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 -2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 -10 4.923 128 11 5.231 136 12 5.538 144 13 -14 5.846 152 15 –19 6.154 160 20 & Over 6.462 168 2.The vacation year shall be the calendar year. B.Use of Vacation Leave 1.The use of vacation leave shall be authorized in accordance with Police Department Regulations. 2.If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation in increments of tenths of an hour. 3.All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. 4.The borrowing of vacation time prior to its accrual is prohibited. 5.There is no advancing of vacation pay. 6.An employee must be employed for six (6) months prior to requesting the use of vacation leave. 7.Compensatory time off may be taken in conjunction with a regular vacation if authorized. Page 24 C.Maximum Accrual of Vacation Leave The maximum amount of vacation leave that may be accumulated is 320hours. D.Payment and Accrual During Military Leave 1.An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2.An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320hours. E.Conversion to Sick Leave or Funeral Leave During Vacation Leave 1.The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill for more than three (3) consecutive days, while the employee is on vacation leave. 2.The employee may request that vacation leave be changed to funeral leave provided the request is consistent with Funeral Leave provisions of this Agreement. F.Payment of Unused Vacation Leave Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 320hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Section 3.Sick Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A.Sick Leave Accrual Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biweekly basis. (i.e., An employee on a forty-hour work week earns twelve (12) days per calendar year.) B.Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. Page 25 C.Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another department or classification. 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) 4. No sick leave balances are restored after a break in service. D.Calculation for Use of Sick Leave Sick leave may be authorized in increments of tenths of an hour. E.Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents,grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse, or other permanent member of the “immediate household” living together as family. F.Authorization of Sick Leave 1.An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2.Failure to do so may be the cause for denial of sick leave and other disciplinary action. Page 26 G.Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours, provided: 1.That the rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than forty (40) hours per week. The employee may request that one-half (1/2) the payment for unused sick leave be made at separation and one-half (1/2) the payment be made in the first payroll period in the next calendar year. 2.The employee if sworn has had at leasttwenty (20) years of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a minimum of five years service. Leaves of absence without pay, suspensions, and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which theemployees are receiving Workers’ Compensation shall not be deducted from continuous service. 3.That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4.The employee’s estate shall receive payment if an employee dies. 5.An employee who has been dismissed for cause shall have no claim for sick leave payment. H.Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave or who attempts to utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment may be suspended or terminated. I.Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. Page 27 J.Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight or Ten-Hour Shifts Zero Time 2 Eight or Ten Hour Shifts More than zero time but less than 2 days 1 Combination of Eight and Ten Hour Shifts More than zero time but less than 2 days combined as: 2 Eight-hour days 2 Ten-hour days 1 Ten-hour day and 1 Eight-hour day 1 1. Bonus Leave Days must be used in full day increments. 2. Bonus Leave Days are not included in overtime calculations. 3.At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. 4.Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4.Leave Pool A joint leave pool will be established by members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A.The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. Page 28 B.A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 1.The committee shall consist of two (2) members designated by each bargaining unit, and one member designated bythe other four members. 2.The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. 3.The committee's decisions are final and are not grievable. An employee may ask for reconsideration bythe committee in accordance with rules established by the committee. C.Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year. 1.No employee shall be permitted to donate more than four (4) days of leave per year to the pool. In the event that the number of days in the leave pool becomes less than fifty leave days, the committee may open up the opportunity for additional donations to be made during the calendar year. The 4-day donation limit shall not be modified. 2.All donations of pool leave time must be in full-day increments based on the employee's full- time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). 3.Donations of pool leave time are irrevocable. 4.No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. D.In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool within the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. E.When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-day basis, irrespective of whether the employee works an eight-hour or ten-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of the 60 days to be granted from the leave pool to a recipient may be approved atthe sole discretion of the City Manager/designee. Page 29 F.Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will berefunded to the donor. Section 5.Funeral Leave Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." Death in the "immediate" family shall be defined as a death of a spouse, child, stepchild, mother, stepmother, father, stepfather, grandfather, grandmother, grandchild, brother or sister of the employee or the employee's spouse. Additional funeral leave for a death in the immediatefamily may be granted with the approval of the Police Chief. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband or other member of the employee’s immediate household. Additional time, chargeable to sick leave, may be granted with the approval of the Police Chief. An employee must attend the funeral in order to receive pay for a death in the family. Section 6.Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: A.Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law: 1.For inductees, the minimum period of time required to be served. 2.For enlistees in time of war, the period of the first minimum enlistment, or for suchadditional period of time required to be served. 3.For reservists, the minimum period of time required to be served. B.For the purposes of this Section, "armed forces" shall be defined to include: 1.The Army, Navy, Marine Corps, Air Force and Coast Guard. 2.The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C.Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Page 30 Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D.Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1.If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 2.If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances inhis/her case. 3.In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4.If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. 5.A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. 6.The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7.Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. E.An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she wouldhave had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on suchleave. F.An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into considerationnecessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of Page 31 directing the employee's duties upon returning to work, to assign the employee to such training as isnecessary in its judgment to ensure the employee's familiarity with job duties and knowledge. G.For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. H.For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hoursper calendar year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of 240 hoursper calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receiptby the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the240 hoursprovided above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. Section 7.Time Off A.An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: 1.For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Department. 2.For serving on a jury. The employee may be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3.When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be limited to the actual time spent in training up to the number of hours in the employee’s standard workweek. Employees shall be compensated in accordance with provisions of the Fair Labor Standards Act for time spent in training beyond the number of hours in the employee’s standard workweek when such time has been duly authorized in advance by the Department. 4.When directed by the City Manager or Police Chief to attend in-service training or other in- service meetings, including authorized safety meetings. B.An employee may be granted time off without compensation for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall Page 32 request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/her designee. C.With the prior approval of the Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of employees ortheir wives or husbands, or military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to two designated Honor Guard members, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Section 8.Leave Without Pay A.A regular employee may on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1.The physical or mental disability ofthe employee. 2.The employee has announced his/her candidacy for public office. 3.The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service. 4.Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of absence. 5.Maternity/child care leave in accordance with the City’s Family and Medical Leave Act Policy to enable a parent to care for a newborn, newly adopted or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. An employee may request to utilize vacation, holiday, and comp time to continue pay status in accordance with current federal or state guidelines on family medical leave. B.Leave for any of the above reasons shall be subject to the following regulations: 1.Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be renewed upon written application therefor by the employee and approved by the City Manager. 2.An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of the leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. Page 33 3.In the event that it is determined by the City Manager that it would not be in the best interest of the City to restoresuch employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the re-employment list for the class or position nearest approximating that in which he/she was employed immediately prior to such leave, provided he/she is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same re-employment list, the names shall be arranged in order of City seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. ARTICLE 9 WAGES AND COMPENSATION Section 1.Wages A.The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: Police Officers Step 1 –Original appointment Step 2 –At the end of one year of satisfactory service in step 1. Step 3 –At the end of one year of satisfactory service in step 2. Step 4 –At the end of one year of satisfactory service in step 3. Step 5 –At the end of one year of satisfactory service in step 4. Step 6 –At the end of one year of satisfactory service in step 5. Step 7 –At the end of one year of satisfactory service in step 6. Step 8 –At the end of one year of satisfactory service in step 7. Step 9 –At the end of one year of satisfactory service in step 8. Step 10 –At the end of one year of satisfactory service in step 9. Step 11 –At the end of one year of satisfactory service in step 10. Step 12 –At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Step 1 –Original appointment Step 2 –At the end of one year of satisfactory service in step 1. Step 3 –At the end of one year of satisfactory service in step 2. Step 4 –At the end of one year of satisfactory service in step 3. Step 5 –At the end of one year of satisfactory service in step 4. Step 6 –At the end of one year of satisfactory service in step 5. Step 7 –At theend of two years of satisfactory service in step 6. Step 8 –At the end of two years of satisfactory service in step 7. Page 34 Step 9 –At the end of two years of satisfactory service in step 8. Step 10 –At the end of two years of satisfactory service in step 9. Step 11 –At the end of two years of satisfactory service in step 10. Step 12 –At the end of two years of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2 ½% increase for each step advancement from Step 7 through Step 12. Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the three month follow-up review. Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follow-up rating is still less than satisfactory, the employee shall be reevaluated in another three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the second three-month follow-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follow-up review ratingis still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B.Effective for the beginning of the payroll period that includes October 1, 2015, the City shall provide a 4% general wage increase for all employees. Effective for the period from October 1, 2015 through September 30, 2016, employees shall not be advanced in Step as provided for in Section 1 of this Article. The time period from October 1, 2015 through September 30, 2016 shall not be counted toward any future Step advancement. Effective for the beginning of the payroll period that includes October 1, 2016, the City shall provide a 4% general wage increase for all employees. Effective for the period from October 1, 2016 through September 30, 2017, employees shall not be advanced in Step as provided for in Section 1 of this Article. The time period from October 1, 2016 through September 30, 2017 shall not be counted toward any future Step advancement. Effective for the beginning of the payroll period that includes October 1, 2017, the City shall provide a 4% general wage increase for all employees. Effective for the period from October 1, 2017 through September 30, 2018, employees shall not be advanced in Step as provided for in Section 1 of this Article. The time period from October 1, 2017 through September 30, 2018 shall not be counted toward any future Step advancement. Any further step advancements after September 30, 2018will be dependant upon and subject to negotiations in any successor Agreement. C.Lateral Entry for New Hire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another Page 35 agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two years of verifiable experience at a prior agency up to a maximum lateral entry of step three. Such Officers shall remain fixed at the lateral entry step until such time has passed as is prescribed for advancing from step one to the lateral entry step number in accordance with the schedule established in paragraph A of this Section, and shall thereafter continue to be advanced through the steps in accordance with said schedule. For example, an Officer with six years of creditable, verifiable experience at a prior agency would be permitted to enter the established pay range at step three. Such Officer would remain fixed at step three for three years, and would then progress though the range thereafter in accordance with the established schedule. All lateral entry Officers would continue to be eligible to receive negotiated general wage increases while fixed in step. Section 2.Overtime Pay A.No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B.If a regularly scheduled work day is to be canceled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly scheduled work day will be canceled for the sole purpose of avoiding overtime pay. C.Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in any one work week. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. D.The work week shall be from Saturday through the following Friday. All hours for shifts that begin on one work day and end on the next work day shall be counted on the work day where the majority of the hours for the shift fall. When shift hours are evenly split between two work days, all hours for the shift shall be counted on the work day the shift begins. E.An employee may be required to work overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, the employee’s services are deemed necessary. Section 3.Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for anyhours when requested in writing by an employee. Employees shall be paid for all compensatory time at separation from City service. Page 36 Section 4.Shift Differential A bargaining unit member shall be entitled to shift differential pay as set forth in thisSection. A.For purposes of computing shift differential pay the following shift series and payments are established: Shift Series No.Hours Payment Per 14-Day Period 100 2400-0700 7% 200 0700-1600 0% 300 1600-2400 5% The payments shall be computed as a percentage of the employee's base pay, including his/her merit and longevity step. B.An officer's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer's shift. Temporary shift or duty assignments of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. C.Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5.Standby Pay An employee assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday $30.00 for Saturday $30.00 for Sunday Only the Police Chief or his/her designee may place an employee on standby. This Section will also apply to all Telephone Alert situations. Section 6.Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the employee can be disciplined for his/her failure to comply. This specifically excludes court appearances. Police Officers will be paid for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Page 37 Any employee recalled while on vacation shall be paid at time and one-half for all hours worked in lieu of the rescinded vacation time. An employee’s vacation balance will not be charged for any time actually worked. Section 7.Acting Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said employee shall receive acting pay retroactive to the date the assignment began. When a Corporal serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin. Acting pay is five percent (5%) above the employee's base salary. Section 8.Job Assignment Pay A.Police Officers who are assigned to the Office of the Chief, Criminal Investigations Division, Support Services Division, Corporal, or the Field Training and Evaluation Program shall be provided 5% above the employee’s current base rate of pay. Police Service Technicians and Police Service Technician Supervisors who are assigned Field Training shall be provided 5% above the current base rate of pay for any hours they are assigned to act as trainers in a formal training capacity. B.Police Officers who are assigned as Crime Scene Photographer, Mobile Command Center operator, Sex Crime Investigator, or Traffic Homicide Investigator, shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2015 through September 30, 2018–$25 per payroll period. Police Officers who are assigned to Community Policing Squads, SWAT Team, Traffic Section, Canine Officer or School Resource Officer shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2015through September 30, 2018–$40 per payroll period. Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more than ten consecutive work days shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2015through September 30, 2018 -$50 per payroll period C.An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. In such case, the employee shall receive the amount of the greater assignment pay differential for each category concerned. Page 38 Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D.Job assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Section 9.Canine Officers A.Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shallalso be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B.Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C.No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited tothe officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D.Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E.All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F.Effective October 1, 2012through September 30, 2015, an allowance of $125.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10.Court Attendance and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive payment for the Page 39 greater of a minimum of three hours or actual time worked if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time-off, he/shewill receive payment for the greater of a minimum of two hours or actual time worked. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standby status as of the date and time required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on standby under the provisions of this Section will receive straight time pay for each hour spent on standby with a minimum of three hours pay. The three-hour minimum doesnot apply if prior to the end of the three-hour period: 1.The employee reports for duty. Standby pay stops at the time the employee reports for duty. 2.The employee shall be notified via email or telephone as determined by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. 3.If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11.Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions: Page 40 (a)Line-of-Duty Compensation shall be payableunder this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b)An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. (c)The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty compensation supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d)No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability provided however, thatif the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. (Changes in workers' compensation law will modify this paragraph accordingly.) (e)The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f)It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any time taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control. (g)The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers' Compensation Law in order to equal the employee’s regular rate of pay with no charge to the employee's accrued paid leave when an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. Such line-of-duty compensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of employment for each specific injury; sixty (60) calendar days during the second year of employment; and thirty (30) calendar days during the third year of employment. (h)Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above; however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other Page 41 disability or other income plans provided by the City, to the pointwhere the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of- duty injury pay is provided. (i)Line-of-duty injury pay shall not be provided to any employee after the third year of employment. Following the time limits prescribed for the provision of line-of-duty compensation in paragraph (g) above, employees shall be required to utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. (j)The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (k)Failure to report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (1) caused solely by and as a direct result of the employee's injuries, or (2) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. (l)Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12.Uniform Allowance A.The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment. B.Police Officers who work outside the Patrol division and who are not provided the standard issue of uniforms or other clothing by the department shall receive a clothing allowance of $900 each yearfor Fiscal Years 2012/2013;2013/2014, and 2014/2015. Page 42 The clothing allowance shall be paid quarterly to the applicable bargaining unit members who are actually assigned and working on the quarterly dates specified in the Department’s General Orders. C.The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause fordisciplinary action if an officer provided a vest does not wear it while on duty. D.Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. Section 13.Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of$1,500 for the period from October 1, 2015through September 30, 2018. However, the City shall reimburse up to $1,800 annually for tuition fees of approved courses in a Master’s Degree level program. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater union representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as would be required to formulate such a benefit package and to cooperate with the Union to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the firstyear of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefitthan that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1st, 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. Page 43 ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1.No employee who has successfully completed his/her initial or extended probationary period shall be demoted, suspended, or dismissed without just cause. New hire employees in the initial probationary period have no right of appeal of disciplinary action under this Agreement. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time a meeting may lead to disciplinary action. The City, the Union orthe employee may use any work history material as evidence to support or oppose a suspension or dismissal. Section 2.An employee may also be issued a non-disciplinary “Employee Notice” by his/her Division Head. Prior to an Employee Notice being placedin an employee's file, the employee will have the right to confer with the Division Head regarding the proposed Employee Notice. The Employee Notice will be retained in the employee’s Department file. At the end of two (2) years, if there is no reoccurrence, the Employee Notice will not be used for any future disciplinary action. The Employee Notice will be maintained and/or removed in accordance with the State of Florida public records laws. Section 3.Performance, behavior management, and disciplinary procedures shall be outlined in the Police Department SOP’s and General Orders. The City and Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness and may be modified from time to time to better meet the needs of the City and its employees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Union’s refusal to participate in meetings or to provide input does not alter the City’s right to change the process. The Police Department and the Union will continue the practice of Labor/Management meetings to resolve these types of issues. Section 4.The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1.Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. Section 2.All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Police Captains and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Section 3.City’s Drug and Alcohol Program Policy Page 44 A.The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B.References to CDL and “safety-sensitive” employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. SectionII, C. Section II, E. 2. Section II, E. 4. Section 4.Drug Testing Upon Designated Assignments A.Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1.The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2.Urine and blood samples shall be drawn or collected at a city-designated facility. 3.All testing shall be done by a laboratory certified by NIDA. 4.The standards listed in the City’s Anti-Drug and Alcohol policies shall be used to determine what levels of detected substances shall be considered as positive. B.Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C.In the event that a Vice & Intelligence officer is required as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. Page 45 ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement” the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1.Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees shall not accrue seniority while in their initial probationary period. After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit seniority. It is understood by the parties that for employees hired as Police Recruits prior to October 1, 2003, time spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful completion of the Police Service Technician's initial probationary period, seniority will revert to date of employment on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to determine vacation, designated Holiday, and floating holiday selection and as a factorshould layoffs be required. Notwithstanding the above, the Department shall have the right to temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2.No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of thelayoff. Section 3.Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Page 46 Department reserves the right to designate no more than four teams as field training (“FTO”) teams which shall be distributed evenly between the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Section 4.An employee shall lose his/her status as an employee and his/her seniority if he/she: (a)resigns or quits; (b)is discharged or terminated (unless reversed through the grievance or arbitration process); (c)retires; (d)does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; (e)has been on layoff for a period of two (2) years; (f)is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 5.If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while workingthe position not within the bargaining unit. Section 6.Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within seven (7) days of the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to work. Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. When offered recall, an employee who is temporarily unable to accept due to personal or medical reasons, after notifying the Department of his/her intention of returning, may in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to employment. The employee must request such leave of absence and provide the specific reasons therefor. Section 7.Employees who decline recall, or who in the absenceof extenuating circumstances acceptable to the City fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list. Page 47 Section 8.Employees who are recalled may be required to pass the City's standard physical examination for their particular job classification before returning to work. If unable to pass said examination, the employee shall not be permitted to return to work. Such employee shall be returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above. Section 9.Employees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs must present evidence of such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return to work. Page 48 ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2015, and shall continue in full force and effect until the thirtieth day of September, 2018. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2015. ATTEST:CITY OF CLEARWATER, FLORIDA By Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness:Countersigned: Pamela K. Akin, City Attorney George N. Cretekos, Mayor FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT By_________________________________ Officer Jonathan Walser, President Clearwater Officers Bargaining Unit _________________________________ Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police WITNESSES: __________________________________ __________________________________ APPENDIX A i POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step October, 2015Biweekly October, 2016Biweekly October, 2017Biweekly 1 $1,254.844520 $1,305.038301 $1,357.239833 2 $1,317.586840 $1,370.290314 $1,425.101926 3 $1,383.466240 $1,438.804890 $1,496.357085 4 $1,452.639480 $1,510.745059 $1,571.174862 5 $1,525.271480 $1,586.282339 $1,649.733633 6 $1,601.535040 $1,665.596442 $1,732.220299 7 $1,641.573400 $1,707.236336 $1,775.525789 8 $1,682.612760 $1,749.917270 $1,819.913961 9 $1,724.678080 $1,793.665203 $1,865.411811 10 $1,767.795080 $1,838.506883 $1,912.047159 11 $1,811.989920 $1,884.469517 $1,959.848297 12 $1,857.289680 $1,931.581267 $2,008.844518 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step October, 2015Biweekly October, 2016Biweekly October, 2017Biweekly 1 $1,438.821480 $1,496.374339 $1,556.229313 2 $1,510.762600 $1,571.193104 $1,634.040828 3 $1,586.300720 $1,649.752749 $1,715.742859 4 $1,665.615640 $1,732.240266 $1,801.529876 5 $1,748.896520 $1,818.852381 $1,891.606476 6 $1,836.341360 $1,909.795014 $1,986.186815 7 $1,882.249880 $1,957.539875 $2,035.841470 8 $1,929.306120 $2,006.478365 $2,086.737499 9 $1,977.538760 $2,056.640310 $2,138.905923 10 $2,026.977280 $2,108.056371 $2,192.378626 11 $2,077.651680 $2,160.757747 $2,247.188057 12 $2,129.592920 $2,214.776637 $2,303.367702 APPENDIX A ii POLICE OFFICER PAY RANGE P-56 Step October, 2015Biweekly October, 2016Biweekly October, 2017Biweekly 1 $1,823.314400 $1,896.246976 $1,972.096855 2 $1,914.480200 $1,991.059408 $2,070.701784 3 $2,010.204120 $2,090.612285 $2,174.236776 4 $2,110.714320 $2,195.142893 $2,282.948609 5 $2,216.250120 $2,304.900125 $2,397.096130 6 $2,328.447720 $2,421.585629 $2,518.449054 7 $2,386.658920 $2,482.125277 $2,581.410288 8 $2,446.325400 $2,544.178416 $2,645.945553 9 $2,507.483440 $2,607.782778 $2,712.094089 10 $2,570.170560 $2,672.977382 $2,779.896478 11 $2,634.424880 $2,739.801875 $2,849.393950 12 $2,700.285480 $2,808.296899 $2,920.628775 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-910 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the purchase order in the amount not to exceed $456,000 for life insurance premiums for City Basic Life, CWA Life, SAMP Life, SAMP Supplemental Life, Retiree Life, and Long Term Disability coverage for the two-year period from January 1, 2015 to December 31, 2016. (consent) SUMMARY: Unum provides for the following group life insurance benefits: ·CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000 ·SAMP Life in an amount equivalent to 1 times the employee’s annual base salary ·Voluntary SAMP Supplemental Life in incremental amounts of $50,000, not to exceed $500,000 and are payroll- deducted from the employee’s salary ·Basic Life insurance in the amount of $2,500 for all employees except CWA ·Basic Life insurance in the amount of $1,000 for grandfathered retirees ·Long Term Disability Insurance for those employees who do not participate in the City Pension Plan. This request is for authorization of a purchase order in the amount not to exceed $456,000 for the period from January 1, 2015 to December 31, 2016. APPROPRIATION CODE AND AMOUNT: Funds for these programs have been budgeted through the normal budget process. Page 1 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-908 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for the commission of a public art installation for the Countryside Branch Library located at 2642 Sabal Springs Drive, as designed by artist Joan Weissman for a total cost of $62,500.00 to be funded from Countryside Branch Library Construction (CIP 315-93528). (consent) SUMMARY: The theme and scope of the project was determined with input from representatives of the project construction team, Parks and Recreation Department, Public Library System and citizens from the Countryside community. The desired intent of this project is to commission public artwork that serves as an artistic enhancement to the terrazzo floors of the main entrance and restroom vestibule at the City’s Countryside Branch Library (public art flooring plan). The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise as follows: Alex Plisko (Chair), representative of the PADB, practicing architect Plisko Architecture Tracey Reed, Public Library System representative Tara Kivett, construction manager and building representative Christopher Hubbard, Parks and Recreation/Public Art representative Lani Williams, Countryside citizen representative A nationwide Call to Artists was issued and received 63 artist applications. On December 9, 2014, the Selection Panel met to review the all applicant credentials and selected artist Joan Weissman, as her vibrantly colored geometric terrazzo patterns best fit the theme and artistic desires of the project stakeholders. On December 18, 2014, the Public Art and Design Board unanimously approved the recommendation to commission Ms. Weissman. The Board is recommending this artist’s proposal of public artwork to the City Council. This item supports the City's Strategic Vision by providing public art for the citizens and visitors of Clearwater, making the city a better place to live, learn, work, visit and play. This commission represents the City’s ongoing commitment to the Public Art and Design Program through commissions of public art for city capital improvement projects, a process that is not affected by the mandatory to voluntary transition of the Public Art in Private Development program. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/2/2015 File Number: ID#14-908 Funds are available in capital improvement project 315-93528, Countryside Branch Library Construction, to find this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-943 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Appendix A, relating to Parks, Beaches, and Recreation Schedule of Fees, Rates and Charges Section XI, establishing additional options in lieu of non-resident card purchase for youth involved in City Co-Sponsored recreation youth groups and disabled United States military veterans and pass Ordinance 8681-15 on first reading. SUMMARY: In June of 2005, the City Council approved Ordinance 7389-05 establishing new formulas for nonresidents wishing to use City recreation facilities and/or programs. The formula established at that time has been used for all nonresidents including youth involved in recreation youth groups and disabled United States veterans. That formula is as follows: Department Office/Management Budget + Indirect Overhead - Budgeted Revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee In an effort to provide a more affordable fee for youth non-residents who participate in one of the City's recreational youth co-sponsor groups and/or United States veterans who are disabled, staff is recommending that additional options in lieu of nonresident card purchase be added. The new options will provide for the following: 1.Youth registered in a City co-sponsored recreational youth group may purchase a non-resident individual youth sports card using the same formula as above less a surcharge factor. (savings of $60; new fee would be $120) 2.Two or more youth from the same family registered in a City co-sponsored recreational youth group may purchase a non-resident multi-youth sports card using the formula for Non-resident individual youth sports card X 1.5. (new fee would be $180) 3.Disabled United States military veterans may get a discount on their non-resident fee based on the percentage rate of their disability. (If disability is 50% the fee would be 50% less than the current nonresident fee, which is $180 less 50% or $90.) These options will allow more nonresident youth and families to participate in and learn about sports from the various recreational leagues offered by City cosponsored groups. Nonresident adults and youth make these groups stronger and provide leadership so they can continue offering sports to the community and in particular to the residents of Clearwater. Page 1 City of Clearwater Printed on 2/2/2015 File Number: ID#14-943 This ordinance also recognizes the contributions and sacrifices of our many disabled veterans who live in nonresident areas in our county. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/2/2015 Ordinance No. 8681-15 ORDINANCE NO.8681-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,RELATING TO PARKS, BEACHES, AND RECREATION; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTIONXI, PARKS, BEACHES, RECREATION,TO ESTABLISH ADDITIONAL OPTIONS IN LIEU OF NON-RESIDENT CARD PURCHASE FOR YOUTH INVOLVED IN CITY CO-SPONSORED RESIDENTIAL YOUTH GROUPS AND DISABLED UNITED STATES MILITARY VETERANS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances empowers the City Managerto regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, the City Council has established certain criteria for use of City facilities by non-residents,for the purpose of imposingfees for the use of recreation facilities; and WHEREAS, the City Council finds that providing access to non-resident youth who participate in a City co-sponsorresidential youth group is beneficial to the City;and WHEREAS, the City Council finds that providing access to disabled United States militaryveterans to City facilities is in the best interest of the citizens of Clearwater,NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: XI. PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch. 22): (1)Effective June 1, 2005, nonresidents who wish to rent or use City recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the Parks and Recreation Director: (a) Nonresidents: Ordinance No. 8681-15 Department O&M Budget + indirect overhead -budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee (b)Annual nonresident family fees: Individual nonresident yearly fees × 2.5 = Annual nonresident family fee. (c)Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. Youth registered in a City co-sponsored recreationalyouthgroup may purchase a non-residentindividualyouth sports card: Department O&M Budget + indirect overhead -budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee = Annual non-residentindividual youthsports card fee 3. Two or more youth from the same family registered in a City co-sponsored recreationalyouth group may purchase anon-residentmulti-youth sports card: Individual youth non-resident sports card fee x 1.5 = Annualnon-resident multi-youth sportscardfee. 4. Disabled United States military veterans may pay a fee based on the percentage rate of their disability: Individual non-resident yearly fees x percent of disability = Discount rate Individual non-resident yearly fees -discount rate = Annual non-resident fee (d)Surcharge factor:Surcharge factor is established and adjusted by the City Manager or his or her designee in order to address the economic climate. A current fee schedule including the surcharge factor shall be set out in parks and recreation departmental policies. (e)Minimum rate:The minimum nonresident fee established by City Council is $180.00 per person. If and when the formula yields a higher fee, that fee becomes the new minimum fee. Ordinance No. 8681-15 * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-864 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an increase to Florida Department of Transportation (FDOT) in the amount of $52,282.71 for the Joint Participation Agreement between FDOT and the City of Clearwater for the S.R. 590 from West of Marilyn Street to East of Audrey Drive Improvement Project; and authorize the appropriate officials to execute same. (consent) SUMMARY: October 2, 2014, City Council approved a Joint Participation Agreement (JPA) between FDOT and the City of Clearwater for design, right -of-way acquisition and construction of the S .R. 590 from West of Marilyn Street to East of Audrey Drive Improvement Project in the amount of $294,705.00. As design progressed the final engineer’s estimate increased to $346,987.71. This JPA amendment is required to reflect the increase of funding to be transferred as in FDOT Utility Work Order Change No.1. The amounts included on this agenda item are the final engineer ’s estimate and are subject to change. The exact costs will be determined by the contractor ’s bid and may vary from this amount. Project will be competitively bid by FDOT. The final engineer’s estimate is: Capital Project:Original Amount Amount Changed to Increase Water Line Relocation:$242,030.00 $306,446.49 $64,416.49 Sanitary Utility Work:$ 52,675.00 $ 40,541.22 ($12,133.78) $294,705.00 $346,987.71 $52,282.71 APPROPRIATION CODE AND AMOUNT: Funds are available in Utility Renewal and Replacement projects in amounts of $64,416.49 in 0327-96742, Line Relocation - Capital and a decrease of funding of (12,133.78) in 0327-96634, Sanitary Utility Relocation Accommodation, for total funding increase of $52,282.71 to fund this agreement. Page 1 City of Clearwater Printed on 2/2/2015 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-04 UTILITIES 04/10 UTILITY WORK ORDER CHANGE NO. 1 Financial Project ID: 43149115601 Federal Project ID: County: Pinellas State Road No.: 590 District Document No: Utility Agency/Owner (UAO): City of Clearwater A. 1. The Agency is hereby authorized to observe the following changes in the plans and/or specifications to the subject Utility Agreement, and to perform such work accordingly, further described as: Update of original agreement estimate based on Final Engineer's Estimate from 12/09/14 2. The items of work covered by this Work Order Change are referenced to an Agreement of record dated 12/05/14, and no Supplemental Agreement is required. B. 1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as: a. ATTACHED. b. INCLUDED IN THE HIGHWAY CONTRACT PLANS. 2. The cost of this Utility Work is: a. NONREIMBURSABLE b. REIMBURSABLE (1) Force Account Method (2) Lump Sum Method (3) Third Party Contract Method C. ESTIMATED COST OF WORK DUE TO THIS CHANGE: ITEM NO. ITEM UNIT UNIT PRICE WORK ELIMINATED (-) ADDITIONAL WORK (+) QUANTITY AMOUNT QUANTITY AMOUNT 700 Utilities $304,275.00 102-1 MOT $6,085.50 101-1 MOB $6,207.21 999-25 Contingency $30,420.00 Sub-Totals............................................................................................... $346,987.71 Net Cost of Construction Changes, this order......................................... $52,199.48 Cost of Construction Changes, previously ordered................................. $0.00 Net Total Cost Construction Changes to Date........................................ $52,282.71 Contract Amount...................................................................................... $346,987.71 Estimated Cost of Work Authorized to Date............................................ Recommended: Approved: 12/24/14 Approved: Date Date Date District Utility Coordinator District Utility Engineer/Administrator Division Administrator Federal Highway Administration Katasha Cornwell Typed Name Typed Name Typed Name Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-867 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a work order to Engineer of Record (EOR) Interflow Engineering, LLC of Tampa, Fl, in the amount our $255,691 and a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $1,950,000 for Hillcrest Avenue Bypass Culvert, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Hillcrest Avenue High-Flow Bypass project is identified as Project 4A in the Stevenson Creek Watershed Management Plan, which was prepared by the City of Clearwater with SWFWMD’s cooperative funding and participation. Water quality treatment for the stormwater runoff generated in this sub-watershed is now being provided within the Glen Oaks Stormwater Park project, constructed in 2007, also with cooperative funding from SWFWMD. The Glen Oaks Park Project was constructed in anticipation of future upstream flood protection projects, including the Hillcrest Avenue Bypass. This project will provide flood relief for 47 homes adjacent to the Creek between Jeffords Street and Bellevue Boulevard. All 47 of these homes would be removed from the 100-year floodplain. The construction of this project includes: Installation of 1,900 linear feet of 6.5 ft. by 11 ft. box culvert from Browning Street to the upstream end of Linn Lake. Construction of a high-flow diversion weir will allow low flows to remain within the existing channel. Council action at this time is necessary to begin design and secure SWFWMD’s funds for the project. Separate agreements will be presented to Council for awarding the construction contract. The SWFWMD agreement will cooperatively fund 50% of Design and Construction up to a maximum of $1,950,000.00. APPROPRIATION CODE AND AMOUNT: 0315-96186-561200-539-000-0000 $$255,691.00 First quarter budget amendments will establish Capital Improvement Program (CIP) project 315-96186, Hillcrest Bypass Culvert, with SWFWMD budget only in the amount of $1,950,000 and transfer $1,950,000 from CIP 0315-96173, Alligator Creek Watershed Management Plan, for total funding in the amount of $3,900,000 to match SWFWMD agreement funding and fund the work order. Page 1 City of Clearwater Printed on 2/2/2015 File Number: ID#14-867 Page 2 City of Clearwater Printed on 2/2/2015 Attachment “C” Figure 1 - Hillcrest Avenue Bypass Culvert Conceptual Design Alternative 1b Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-874 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Award a construction contract to C and M Dredging, Inc. of Leesburg, Florida, in the amount of $103,620 for Maintenance Dredge Services in Spring Branch and Stevenson Creek at Betty Lane and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 18, 2014, the City issued Request for Proposals 05-15 to solicit proposals to dredge a portion of Stevenson Creek. This is a maintenance dredge project to remove fine silts and sediments from an area where Spring Branch joins Stevenson Creek, east of Betty Lane. The dredge area is the width of Stevenson Creek east to where the creek turns. The approximate area is 28,225 square feet. The permitted dredge volume is 2,180 cubic yards. Dredge depth is between two and four feet depending on the location. This area was last dredged in the 1990s. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-000 Funds are available in capital improvement program project 0315-96124, Storm Pipe System Improvements, to fund this contract. Page 1 City of Clearwater Printed on 2/2/2015 www.myclearwater.com v. 9/2014 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748 33578-4748 727-562-4633 INVITATION TOBID #05-15 MAINTENANCE DREDGE SERVICES – STEVENSON CREEK AT BETTY LANE November 18, 2014 NOTICE IS HEREBY GIVEN that sealed bids willbe received by the City of Clearwater(City) until 10:00 A.M.,Local Time, Wednesday, December 10, 2014,to provideMaintenance Dredge Services. Brief Description: this is a maintenance dredge to remove fine silts and sediments from an area in StevensonCreek, east of Betty Lane (maps provided). Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. Questions concerning this solicitation should be directed, IN WRITING,to the following project contactsor their designees: General, Processor TechnicalQuestions: Alyce Benge, CPPO, C.P.M. Purchasing Manager Finance Department Fax: 727-562-4535 Alyce.Benge@myclearwater.com INSTRUCTIONS Maintenance Dredge Services 2 ITB#05-15 i.1 VENDOR QUESTIONS:All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS:Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloadingsolicitations no less than seven(7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT:Yes No Mandatory Attendance:Yes No If so designatedabove, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date:Wednesday, December 10, 2014 Time:10:00 A.M. (Local Time) The City will open all bids properly and timely submitted, and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once anotice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting Purchasing. . i.5 BIDFIRM TIME:60days from Opening Bidshall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during thistime. i.6 BID SECURITY:Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued bya firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater(personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwatershould the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY:Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnisha performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater(personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS Maintenance Dredge Services 3 ITB#05-15 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT BIDSTO:Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Bids will be received at this address. Bidders may mail or hand-deliver bids. E-mail or fax submissions will not be accepted. No responsibilitywill attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. Alltimes are Clearwater, Floridalocal times. The bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 LOBBYINGPROHIBITION.Any communicationregarding thissolicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation,is prohibited. This prohibition isimposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response depending on the nature of the violation, and/or debarment of the bidder as provided in Clearwater’s Purchasing Policy and Procedures. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for INSTRUCTIONS Maintenance Dredge Services 4 ITB#05-15 opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price andthe extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. TheCity does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equalto the brand name,product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE.If the vendorsubmitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifyingthe name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A bid from a bidderwho is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditionsshall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a biddermay not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically INSTRUCTIONS Maintenance Dredge Services 5 ITB#05-15 acknowledged and agreed to by the City. Thecopy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shallbe a breach of ethical standards to: a.Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b.Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c.Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising productsfrom bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section i.21and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS –EVALUATION Maintenance Dredge Services 6 ITB#05-15 i.22 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria. a)Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b)Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity-e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c)Price. We will then evaluate the bids that have met the requirements above. i.25 COSTJUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified,or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx to view relevant bid information and notices. i.28 BID TIMELINE. Release RFB: November 18, 2014 Advertise Tampa Bay Times: November 20, 2014 Bids due: December 10, 2014 Review bids: December 11-12, 2014 Award recommendation: December 15, 2014 Council authorization: January15, 2015 Contract issued: January 20, 2015 STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 7 ITB#05-15 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor,parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City willbe that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express writtenpermission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement mustcomply with its provisions. Further, all agreements between Contractor and its subcontractors mustprovide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent willbe null and void and in such event the City willhave the right at its option to terminate the Agreement. No granting of consent to any assignment willrelieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement willbe binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended forthe exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or willcreate, any benefits, rights, or responsibilities in any third parties. S.7 NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There willbe no oral changes to this Agreement. This Agreement canonly be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a.General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state,and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and mustcomply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor willdemonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b.Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement mustbe notified STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 8 ITB#05-15 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substancein the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and willensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c.Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City andits agents to inspect applicable personnel records to verify such complianceas permitted by law. Contractor willensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i)As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii)A breach of the Contractor Immigration Warranty willconstituteasa material breach of this Agreement and willsubject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii)The City retains the legalright to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to anysuch inspections. (iv)The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v)Neither Contractor nor any subcontractor willbe deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d.Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whomit provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state,and local laws and executive orders regarding employment. Contractor and Contractor’spersonnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.),and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a.Contractor isresponsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required.If any taxing authority should deem Contractor or Contractoremployees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractorwill indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 9 ITB#05-15 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any recordspresented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. S.14 AUDITS AND RECORDS. Contractor mustpreserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediatelyfor any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable causenot prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of servicesunder this Agreement. S.17 DEFAULT. a.A party willbe in default if that party: STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 10 ITB#05-15 (i)Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii)Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)Conducts business in an unethical manner orin anillegal manner; or (iv)Fails to carry out any term, promise,or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. b.Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. c.Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intentand abilityto perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy willnot preclude the use of other remedies. In the event of default: a.The non-defaulting party may terminate the Agreement, and the termination willbe effective immediately or at such other date as specified by the terminating party. b.The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by:(i) requiring immediate reimbursement to the City;(ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security,if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including,but not limited to,administrative expenses, attorneys’ fees, and costs. c.The non-defaulting party willhave all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d.Neither party willbe liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 11 ITB#05-15 further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not havefunds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30)calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor willbe entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City willmake final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly preparedfinal invoice. S.24 NON-WAIVER OF RIGHTS. There willbe no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rightsor remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, willnot release the other party of any of the warranties or other obligations of the Agreement and willnot be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a.To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits,losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b.Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c.The City assumes no liability for actions of Contractor and willnot indemnify or hold Contractor or any thirdparty harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordancewith manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor willdo nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and willat the City’s request and expense, furnish to the City reasonable STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 12 ITB#05-15 assistance and cooperation, including assistance inthe prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but willnot bind the Cityto purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and willnot be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor willnot use the name of the City of Clearwaterin any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization beforethe City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAIDAND ALLOWED. All deliveries willbe FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services andsuch loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property isthe responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit,trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything providedby Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment isobtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either:(a) modify the item so that it becomes non-infringing; (b) procure for the Citythe right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptancethrough cessation of use, which amount willbe calculated on a useful life not less than five (5)years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract willbe administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract willbe referred to theadministrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and STANDARD TERMS AND CONDITIONS Maintenance Dredge Services 13 ITB#05-15 determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5)calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected mustalso take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date willbe extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances willdelays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Floridagovernment agencies, including the Tampa Bay Area Purchasing Cooperative. Under aCooperative Purchasing Agreement, anycontract may be extended for use by other municipalities, school districts and government agencies in the State of Floridawith the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City isnot responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES.No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement mustbe delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt willbe deemed effective upon delivery. If sent via certified or registered mail, receipt willbe deemed effective three (3)calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt willbe deemed effective two (2)calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement isgoverned by the laws of the State of Florida. The exclusive venueselected for any proceeding or suit in law or equity arising from or incident to this Agreement willbe Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutesthe entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fullystated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which willotherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, willsurvive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement willnot release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Maintenance Dredge Services 14 ITB#05-15 1.INTRODUCTION.The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 108,000 residents. The City of Clearwater is also a major tourist destination –Clearwater Beach was recently named “Florida’s Best Beach Town 2013” by USA Today and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion picture” Dolphin Tale” and the recently released “Dolphin Tale 2”, both filmed here in Clearwater. 2.SCOPE OF WORK. This is a maintenance dredge to remove fine silts and sediments from an area in Stevenson Creek, east of Betty Lane (Attachment A –Betty Lane Dredging Location). The dredge area is the width of Stevenson Creek east to where the creek turns. The approximate area is 28,225 square feet. The permitted dredge volume is 2,180 cubic yards. Dredge depth is between two and four feet depending on the location, see Attachment B – Proposed Dredge Plan View and Tables (previously labeled “Exhibit 3A”, seven [7] pages), detailing the dredge dimensions and section cuts. Site access is via the city-owned parcel on the north side of the Creek at Betty Lane. Contractor will utilize best management practices on land and in the water to preventturbid dredge water from re-entering the surface waters while performing work. The dredge is to occur mechanically from land or floating barge. Material will beplaced into the beds of trucks, sealed,and transported off site, to be disposed of in accordance with all regulatory requirements. Contractor will abide by the Florida Fish and Wildlife Conservation Commission’s Manatee Protection Rules for in-water work. The work is estimated to take 90 days; allowable work hours are Monday through Friday, 7:30 a.m. until 5 p.m. daily. Payment will be lump sum including all equipment, labor, and materials necessary to complete the work. 3.PROJECT SAFETY. The Contractor is cautioned that the project is located in an area with frequent pedestrian traffic. The Contractor is to take any and all safety precautions necessary to protect the general public and to keep the general public away from the work at all times. 4.REPAIR OF DAMAGED APPURTENANCES. The Contractor is responsible for repair or damage to any City property. The Contractor shall make every effort to preserve and protect the existing seawall and seawall cap. 5.EROSION CONTROL. The City desires to prevent the movement of sediments into adjacent travel ways and storm systems. The Contractor will be required to place sediment traps around all storm inlets within the scope of the project and to maintain them until the work is completed. 6.PERMITS AND LICENSES. It shallbe the responsibility of the Contractor to be properly licensed. The maintenance dredge is exempt from Florida Department of Environmental Protection permit. Pinellas County Water and Navigation Permit has been acquired. 7.NOTIFICATIONSOF WORK PROGRESS AND INSPECTIONS. The Contractor will notify the City of Clearwater Engineering Department when work is to be started and when work is completed to obtain final inspections and approval of work completed. 8.MINIMUM QUALIFICATIONS/REFERENCES. Bidders are required to provide three(3) references(Attachment C)for which similar work has been performed in the last five (5) years. 9.ADDITIONAL PURCHASES. The City reserves the right to purchase additional Services (by means of written quote) at comparable bid prices for 12months after the bid award date. DETAILED SPECIFICATIONS Maintenance Dredge Services 15 ITB#05-15 10.INSURANCE REQUIREMENTS. To be updated with each bid by Risk Manager The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3million per occurrence/$5 million aggregateCommercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence Automobile Liability insurance. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence Professional Liability insurance The Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statute. Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available. When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled or materially changed to affect the coverage available without advance written notice to the City. “Waiver of Subrogation. The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor.” All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. MILESTONES Maintenance Dredge Services 16 ITB#05-15 1.BEGINNING AND END DATE OF INITIAL TERM. Contract work is estimated to take 90 days; the timeframe is estimated to be mid-January through mid-April, 2015. Ifthe commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2.PRICES. All pricing shall be firm for the contract term. a.The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation in support of a written quote for requested additional work. No fuel surcharges will be accepted. RESPONSE ELEMENTS Maintenance Dredge Services 17 ITB#05-15 1.BIDSUBMISSION -Submit a signed original along withone (1)copyof the bidin a sealed container and one (1) electronic formaton a CD or Thumb Drive. 2.BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to returna copy of this solicitation’sInstructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies, and electronic format, submitted Bid container properly labeled Pricing and Compensationformcompleted and included W-9 Request for Taxpayer Identification Number and Certification formcompleted and included(http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions, Confidential & Additional Items formcompleted and included Vendor Information formcompleted and included Vendor Certification of Offer formcompleted and included PRICING AND COMPENSATION Vendor Name Date: Maintenance Dredge Services 18 ITB #05-15 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Maintenance Dredge Services to the City of Clearwaterat the price(s) stated below. BID ITEMS UNIT QTY UNIT TOTAL 1 DREDGE UP TO 2,180 CUBIC YARDS OF MATERIAL:INCLUDES ALL MOBILIZATION AND EQUIPMENT COSTS, OFF SITE DISPOSAL, EROSION SEDIMENT CONTROL, SITE CLEANUP LUMP SUM 1 $ 2 10%(of Item 1 Unit Total) CONTINGENCY LUMP SUM 1 $ TOTAL PROJECT COST (ITEMS 1 and 2)$ Bidder’s TOTAL (words): _____________________________________________________________ Payment terms (not less than net 30 days) ___________________________ Prompt Payment Discount of % ifinvoices are paid within daysof receipt. Will you accept a procurement cardat time of purchase? _____ Yes _____ No Will you accept ePay for an invoice over $2,500? _____ Yes _____ No EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Vendor Name Date: Maintenance Dredge Services 19 ITB #05-15 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions(mark one): Note –Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt VENDOR INFORMATION Maintenance Dredge Services 20 ITB #05-15 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS# Remit to Address (if different than above):Order fromAddress(if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small BusinessCertifying Agency: Certified Minority, Woman orDisadvantaged Business EnterpriseCertifying Agency: VENDOR CERTIFICATION OF OFFER Maintenance Dredge Services 21 ITB #05-15 By signing and submitting this Bid, the Vendor certifies that: a)It is under no legal prohibition on contracting with the City of Clearwater. b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c)It has no known, undisclosed conflicts of interest. d)The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f)It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request underFlorida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Mesa agrees not to change or delete any copyright or proprietary notices. g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Actand not debarred by any Federal or public agency. i)It will provide the materials or services specified in compliance with allFederal, State, and Local Statutes and Rules if awarded by the City. j)It is current in all obligations due to the City. k)It will accept such terms and conditions in a resulting contract if awarded by the City. l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Maintenance Dredge Services 22 ITB #05-15 ---------------------------------------------------------------------------------For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #05-15, Maintenance Dredge Services Due Date: Wednesday, December 10, 2014, at 10:00 AM City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 ---------------------------------------------------------------------------------For US Mail ------------------------------------------------------------------------------ ----------------------------------------------For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #05-15, Maintenance Dredge Services Due Date: Wednesday, December 10, 2014, at 10:00 AM City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ----------------------------------------------For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ STEVENSON CREEKATBETTY LANE MAINTENANCE DREDGE 1302 BETTY LANE CLEARWATER, FL. 33755 GENERAL SCOPE OF WORK - This is a small maintenance dredge to remove fine silts and sediments from an areain Stevenson Creek, east of Betty Lane(Location Map). The dredge area is the width of Stevenson Creek east to where the creek turns. The approximate area is 28,225 square feet. The permitted dredge volume is 2,180 cubic yards. Dredge depth is between two and four feet depending on the location. Attached Exhibit 3Ashow aplan viewdrawing with dredge dimensions andsection cuts. Access to the site is from city-owned parcel on the north side of the Creek at Betty Lane. Contractor will utilize best management practices on land and in the water to prevent turbid dredge water from re-entering the surface waters during activities. The dredge is to occur mechanically from land or floating barge. Material will be placed into the beds of sealed trucks and transported off site. NOTE: Contractor will abide by standard Manatee Protection procedures for in-water work. The pay item is to be lump sum including all equipment, labor and materials necessary to complete the work. MATERIALDISPOSAL -All dredge materialis to be disposed of in accordance with all regulatory requirements. PROJECT SAFETY -The Contractor is cautioned that the project is located in an area with frequent pedestrian traffic. The Contractor is to take any and all safety precautions necessaryto protect the general public and to keep the general public away from the work at all times. REPAIR OF DAMAGED APPURTENANCES -The Contractor is responsible for repair or damage to any city property. The Contractor shall make every effort to preserve and protect the existingseawall and seawall cap. EROSION CONTROL-The City desires to prevent the movement of sediments into adjacent travel ways and storm systems. The Contractor will be required to place sediment traps, around all storm inlets within the scope of the project and to maintain them until the work is completed. PERMITS AND LICENSES -It shall be the responsibility of the Contractor to be properly licensed.The maintenance dredge is exempt from Florida Department of Environmental Protection permit. Pinellas County Water and Navigation Permit has been acquired. NOTIFICATIONS OF WORK PROGRESS AND INSPECTIONS -The Contractor will notify the City of Clearwater Engineering Department when work is to be started and when work is completed to obtain final inspections and approval of work completed. One final invoice billing will be processed on this project. DIRECTION TO CONTRACTOR -The Contractor is cautioned to only take project direction from the Engineering Department project representative unless specifically instructed in writing otherwise. This is particularly important where the Contractor may expect an increase in contract price. The Contractor is to only proceed with work which will increase the contract price with written direction from the City. A 10% contingency will be available if necessary, pending city authorization. PROJECT CONTRACT/INFORMATION -Please contact Mr. Ed Chesney, P.E. Environmental Managerat (727) 562-4742. BIDDER’S PROPOSAL STEVENSON CREEK AT BETTY LANE MAINTENENACE DREDGE BID ITEMS UNIT EST. QTY. UNIT PRICE TOTAL 1 DREDGE UP TO 2,180CUBIC YARDS OF MATERIAL. INCLUDES ALL MOB AND EQUIPEMENT COSTS, OFF SITE DISPOSAL, EROSION SEDIMENT CONTROL, SITE CLEANUP/RESTORATAION LUMP SUM 1 $$ SUB-TOTAL (ITEM 1)$ 2 10% CONTINGENCY LUMP SUM 1 $$ TOTAL PROJECTCOST (ITEMS 1-2)$ CONTRACTOR: _____________________________________________________________ BIDDER'S TOTAL $___________________________________________________(Numbers) BIDDER'S TOTAL $_____________________________________________________(Words) BETTY LN OVERLEA ST FAIRBURN AVE ENGMAN ST SPRINGDALE ST PINEBROOK DR STEVENSON DR OTIS C. GREEN DR ADMIRAL WOODSON LN C A R O L D R Betty Lane Dredging Location ²Pr ep ared by:En gineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyC learwater.com Dredg e Area CD SJ N.T.S.07/01/201 1Map Ge n By:Reviewed By:Date :Scale: Lege nd Parcel Boundary Location in Pinella s County Gulf of Mexico Tampa Bay Maintenance Dredge Services: Spring Branch and Stevenson Creek at Betty Lane Bid Tab Bidder Bid Pricing Base 10% Cont Total Bid C&M Dredging, Inc.$94,200 $9,420 $103,620 Gator Dredging $118,300 $11,830 $130,130 J-Way Southern, Inc $136,500 $13,650 $150,150 Florida Dredge & Dock, LLC $163,080 $16,308 $179,388 Tampa Contracting Services, Inc.$193,000 $19,300 $212,300 Midcoast Construction Enterprises $244,000 $24,400 $268,400 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-881 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Approve a Work Order to Engineer of Record (EOR) Interflow Engineering LLC of Tampa, Fl, in the amount of $146,400, a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $900,000 for Mango Street Stormwater Improvements, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mango Street Stormwater Improvement Project is at the North end of Clearwater Beach and currently provides little water quality treatment of the stormwater runoff. In addition, the aging stormwater infrastructure is undersized and will be upgraded to decrease flooding. This project will replace stormwater inlets, undersized pipes, and install water quality baskets to collect leaves, debris, and sediment so the materials can be hauled off site for disposal. SWFWMD agreement will cooperatively fund 50% of Design and Construction up to a maximum of $900,000.00. Council action at this time is necessary to begin design and secure the District’s funds for the project. Separate agreements will be presented to Council for awarding the construction contract. APPROPRIATION CODE AND AMOUNT: 0315-96187-561200-539-000-0000 $146,400 First quarter budget amendments will establish Capital Improvement Program (CIP) project 0315-96187, Mango Outfall, with SWFWMD budget only in the amount $900,000 and transfer $900,000 from CIP 0315-96170, Coastal Basin Projects to 0315-96187, Mango Outfall, to match the grant and fund the work order. Page 1 City of Clearwater Printed on 2/2/2015 B R U C E AV E M A N G O S T M A N D A L AY AV E E L D O R A D O AV E L A N TA N A AV E BAY ESPLANADE GARDENIA ST IRIS ST N A R C I S S U S AV E VERBENA ST B O H E N I A C I R S BOHENIACIRN JEWEL ST LOCATION MAP JB RJ 249A 05-29s-15e 01/14/2015Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Mango Street Stormwater Improvements(13-0041-EN) PROJECTSITE ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects\Roger Johnson\Mango St STM IMP.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-888 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Award a construction contract to Bio Mass Tech Inc of Land O’Lakes, Fl, in the amount of $307,832.00 for construction of Byram Drive Channel Erosion Control Improvements (13-0009-EN) which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Due to existing channel alignment and lack of bank stabilization, the project area has experienced erosion that extends beyond the City of Clearwater drainage easement. In an effort to mitigate the erosion this project includes the following: ·Minor realignment of the creek to restore the historic flow path. ·Stabilization of the banks on both sides of the channel for 545 feet with Geotextile materials. Six bids were received for the project with the low bid from Bio Mass. Stormwater Maintenance will maintain the channel upon project completion. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 Funds are available in capital improvement program project 315-96124, Storm Pipe System Improvements, to fund this contract. Page 1 City of Clearwater Printed on 2/2/2015 SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Bio-Mass Tech, Inc. 15212 SR 52 Land O Lakes, FL 34638 (727) 243-2200 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: BYRAM DRIVE CHANNEL EROSION CONTROL IMPROVEMENTS PROJECT NO.: 13-0009-EN PROJECT DESCRIPTION: channel embankment improvements from the west side of Highland Avenue, just north of Byram Drive, to approximately 550 feet west. BY THIS BOND, We Bio-Mass Tech, Inc., as Contractor, and __________________________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $307,832.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated ____________________________, between Contractor and Owner for construction of Byram Drive Channel Erosion Control Improvements, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 2 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). BIO-MASS TECH, INC. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) __________________________________ (Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 3 of 17 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Bio-Mass Tech, Inc., of the City of Land O Lakes 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: PROJECT NAME: BYRAM DRIVE CHANNEL EROSION CONTROL IMPROVEMENTS PROJECT NO.: 13-0009-EN in the amount of $307,832.00 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, technical specifications, 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, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 4 of 17 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction 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 public construction 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. SectionV.docx Page 5 of 17 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) BIO-MASS TECH, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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.) SectionV.docx Page 7 of 17 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Byram Dr. Channel Erosion Engineering Dept. Control Improvements 100 S. Myrtle Ave. PROJECT NO.: 13-0009-EN Clearwater, FL 33756 CONTRACT DATE: _____________________ BOND NO. : _________________, recorded in O.R. Book _____, Page _____, of the Public Records of Pinellas County, Florida. CONTRACTOR: Bio-Mass Tech, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: ____________________________________ ____________________________________ ____________________________________ ,SURETY, on bond of Bio-Mass Tech, Inc. 15212 State Road 52 Land O Laks, FL 34638 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of _____________, 20___. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): ITEM NO. 100 I. GENERAL 101 Mobilization 1 LS 15,000.00$ 15,000.00$ 31,000.00$ 31,000.00$ 24,225.00$ 24,225.00$ 35,000.00$ 35,000.00$ 19,000.00$ 19,000.00$ 72,448.00$ 72,448.00$ 102 Clearing & Grubbing 1 LS 10,000.00$ 10,000.00$ 25,000.00$ 25,000.00$ 27,300.00$ 27,300.00$ 18,680.00$ 18,680.00$ 41,500.00$ 41,500.00$ 40,760.00$ 40,760.00$ 103 Project Sign 2 EA 750.00$ 1,500.00$ 750.00$ 1,500.00$ 350.00$ 700.00$ 600.00$ 1,200.00$ 1,200.00$ 2,400.00$ 740.00$ 1,480.00$ 104 Utility Accomodation 1 LS 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 10,000.00$ 10,000.00$ 8,000.00$ 8,000.00$ 7,500.00$ 7,500.00$ 6,375.00$ 6,375.00$ 105 Total General 31,500.00$ 60,000.00$ 62,225.00$ 62,880.00$ 70,400.00$ 121,063.00$ 200 II. STORMWATER 201 Floating Turbidity Barrier 20 LF 25.00$ 500.00$ 20.00$ 400.00$ 15.00$ 300.00$ 60.00$ 1,200.00$ 50.00$ 1,000.00$ 25.00$ 500.00$ 202 Temporary Drainage Diversion 1 LS 5,000.00$ 5,000.00$ 28,400.00$ 28,400.00$ 34,691.00$ 34,691.00$ 3,700.00$ 3,700.00$ 12,500.00$ 12,500.00$ 100,690.00$ 100,690.00$ 203 Total Stormwater 5,500.00$ 28,800.00$ 34,991.00$ 4,900.00$ 13,500.00$ 101,190.00$ 300 III. EMBANKMENT 301 Geoweb Retaining Wall 3,965 SF 42.50$ 168,512.50$ 59.00$ 233,935.00$ 59.00$ 233,935.00$ 44.40$ 176,046.00$ 115.00$ 455,975.00$ 29.00$ 114,985.00$ 302 Geoweb Slope Protection 120 SF 15.00$ 1,800.00$ 10.00$ 1,200.00$ 12.00$ 1,440.00$ 62.80$ 7,536.00$ 55.00$ 6,600.00$ 32.00$ 3,840.00$ 303 Concrete Pour for Geoweb Slope Protection 4 CY 500.00$ 2,000.00$ 380.00$ 1,520.00$ 698.00$ 2,792.00$ 280.00$ 1,120.00$ 575.00$ 2,300.00$ 1,050.00$ 4,200.00$ 304 Turf Reinforcement Mat (Vmax3 P550)5,665 SF 2.50$ 14,162.50$ 5.00$ 28,325.00$ 3.00$ 16,995.00$ 5.00$ 28,325.00$ 5.00$ 28,325.00$ 5.00$ 28,325.00$ 305 Earthwork 1,227 CY 15.00$ 18,405.00$ 67.00$ 82,209.00$ 22.00$ 26,994.00$ 22.00$ 26,994.00$ 25.00$ 30,675.00$ 21.50$ 26,380.50$ 306 Removal of Unsuitable Material 500 CY 18.00$ 9,000.00$ 22.00$ 11,000.00$ 18.00$ 9,000.00$ 160.00$ 80,000.00$ -$ -$ 25.00$ 12,500.00$ 307 Total Embankment 213,880.00$ 358,189.00$ 291,156.00$ 320,021.00$ 523,875.00$ 190,230.50$ 400 IV. SANITARY SEWER 401 12" DIP Pipe Casing 20 LF 100.00$ 2,000.00$ 100.00$ 2,000.00$ 88.00$ 1,760.00$ 680.00$ 13,600.00$ 250.00$ 5,000.00$ 140.00$ 2,800.00$ 404 Total Sanitary Sewer 2,000.00$ 2,000.00$ 1,760.00$ 13,600.00$ 5,000.00$ 2,800.00$ 500 V. SURFACE RESTORATION 501 Sod - Seashore Paspalum 6,330 SF 2.00$ 12,660.00$ 4.00$ 25,320.00$ 0.60$ 3,798.00$ 1.80$ 11,394.00$ 1.31$ 8,292.30$ 1.00$ 6,330.00$ 502 Hydroseed - Seashore Paspalum 1,070 SY 2.00$ 2,140.00$ 11.00$ 11,770.00$ 1.00$ 1,070.00$ 3.00$ 3,210.00$ 4.50$ 4,815.00$ 4.25$ 4,547.50$ 505 Total Surface Restoration 14,800.00$ 37,090.00$ 4,868.00$ 14,604.00$ 13,107.30$ 10,877.50$ SUBTOTAL 267,680.00$ 486,079.00$ 395,000.00$ 416,005.00$ 625,882.30$ 426,161.00$ 600 CONTINGENCY 15%1 LS $ 40,152.00 $ 72,911.85 $ 72,911.85 $ 59,250.00 $ 59,250.00 $ 62,400.75 $ 93,882.35 $ 63,924.15 BIDDER’S GRAND TOTAL 307,832.00$ 558,990.85$ 454,250.00$ 478,405.75$ 719,764.65$ 490,085.15$ peach colored cells denote mathematical errors yellow colored cells denote ommitted numbers Records are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. Landshore Enterprises, LLC 5601 Powerline Road, Suite 301 Ft. Lauderdale, FL 33309 MTM Contractors, Inc. 6550 53rd Street North Pinellas Park, FL 33781 Steve's Excavating & Paving, Inc. 1741 N. Keene Rd. Clearwater, FL 33755 UNIT QTY UNIT PRICE TOTAL Bio-Mass Tech, Inc. 15212 SR 52 Land O Lakes, FL 34638 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa, FL 33610 Keystone Excavators, Inc. 371 Scarlet Blvd. Oldsmar, FL 34677 PROJECT NAME & #: BYRAM DRIVE CHANNEL EROSION CONTROL IMPROVEMENTS (PROJECT #13-0009-EN) BID OPENING DATE: January 8, 2015 AWARD DATE: February 5, 2015 UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTALUNIT PRICE TOTAL UNIT PRICE TOTALDESCRIPTIONUNIT 1950 20182018 1480 1470 1481 1491 1475 1992 1491 1471 1475 1467 1465 1 4 5 71 4 4 7 1 4 6 4 1 4 5 6 1 4 5 0 1 4 4 6 1 4 3 0 1 4 6 0 1 4 6 2 1 4 5 8 1 4 3 6 1471 1459 1455 1463 1451 14671447 2007 2011 2006 2012 2018 1456 1464 1460 1 4 6 1 1 4 6 3 1502 2001 1505 1476 2017 1466 1482 1468 1995 1492 1422 1472 1490 BYRAM DR RIDGELANE RD N HIGHLAND AV E ALPIN E RD PLATEAU RD C A R L O S A V E 1 4 2 1 2018 1949 TALISKER DR BARBARA AVE LOCATION MAP JB RJ 252A 02-29s-15e 01/13/2015Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Byram Drive Channel Erosion Control Improvements(13-0009-EN) PROJECTSITE ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects\Roger Johnson\ByramDr_Erosion.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-896 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.6 SUBJECT/RECOMMENDATION: Award construction contracts for a comprehensive maintenance program to clean, inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater in the amount of $5,660,000 for an initial 2-year term with an option of one 2-year term to the following vendors: Hinterland Group, Inc. of West Palm Beach, FL, Layne Inliner, LLC of Sanford, FL, Rowland Inc. of Pinellas Park, FL, Concrete Conservation, Inc. of Jacksonville, FL, VacVision Environmental, LLC of Tampa, and National Power Rodding Corp. of Chicago, IL which are the lowest responsible bids received in accordance with the plans and specifications of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT), and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has initiated a comprehensive maintenance program to clean, inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. The goal is to maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens. Bids for the Sanitary Sewer and Manhole Rehabilitation Project were received December 18, 2014. Staff has reviewed bid unit prices compared to other recent bids and recommends award of these contracts to inspect, rehabilitate and /or replace elements of the City’s sewer collection system that have been or will be identified as deficient, in need of repair or at the end of their useful life. Hinterland Group, Inc. will be contracted to perform Cured -In-Place Pipe Lining (CIPP). Work includes lining of selected sewer pipelines to rebuild the pipes’ structural integrity according to City Standard Specifications, limiting inflow and infiltration for an amount not to exceed $360,000 per 2-year term. Layne Inliner LLC will be contracted to perform cleaning and TV inspection of selected sanitary sewer systems. This process restores capacity by removing sediment and obstructions and also accurately identifies defects that require corrective actions for an amount not to exceed $840,000 per 2-year term. The work under the Sanitary Sewer and Force Main Emergency Repair Contract will be performed by Rowland, Inc., which includes any repairs in the City ’s waste collection system and at the Water Reclamation Facilities that are deemed an emergency or critical and not identified in other contracts for an amount not to exceed $1,000,000 per 2-year term. Concrete Conservation, Inc. will be contracted to perform manhole lining in the Manhole Epoxy Lining System Section using Spectrashield Liner Systems, and it is responsible for all work, materials and equipment required for completion; repairing structural defects and applying coatings to reduce inflow and infiltration for an amount not to exceed $130,000 per 2- year term. VacVision Environmental will perform manhole lining in the Manhole Cementitious Lining System Section, and it is responsible for all work, materials and equipment required for completion; repairing structural defects and applying coatings to reduce inflow and infiltration Page 1 City of Clearwater Printed on 2/2/2015 File Number: ID#14-896 for an amount not to exceed $100,000 per 2-year term. National Power Rodding, Corp. will be contracted to perform installation of cleanouts to sanitary laterals and/or replacement of existing laterals to better maintain the City sewer system and minimize costly replacement of laterals due to failure for an amount not to exceed $400,000 per 2-year term. Contracts will be for a 2 year term and will be evaluated after the initial 2-year term and may be renewed for one 2-year term at the same values. The City of Clearwater will direct the contractor to those high priority areas as established in the Sanitary Sewer Evaluation Study. These efforts will continue until the entire budget of each contract is expended. The City of Clearwater’s Public Utilities Department Wastewater Collection Division is responsible for owning, operating and maintaining the wastewater collection system including all gravity pipe lines and manholes that convey the raw sewage to the lift stations and or City’s wastewater treatment facilities. APPROPRIATION CODE AND AMOUNT: 0315-96664-563800-535-000-0000 $ 100,000.00 0315-96665-563800-535-000-0000 $2,730,000.00 Sufficient budget and revenue are available in Capital Improvement Program projects 0315-96665, Sanitary Sewer R and R in the amount of $2,730,000.00 and 0315-96664, WPC R and R in the amount of $100,000.00 for total funding in the amount of $2,830,000.00 to fund the current 2-year term. Future years funding will be included in the Water and Sewer recommended Capital Improvement Program Project budget from the Director. Page 2 City of Clearwater Printed on 2/2/2015 BID OPENING DATE: DECEMBER 18, 2014 AWARD DATE: FEBRUARY 5, 2015 PROJECT MANAGER: LAN-ANH NGUYEN, P.E. BID #: SECTION A Sanitary Sewer Trenchless Reconstruction SECTION B Sewer Cleaning and Television Inspection SECTION C Sewer Pipe, Force Main and Manhole Emergency Repair SECTION D1 Manhole Surfacing- Polyurethane Barrier or Epoxy Liner SECTION D2 Manhole Resurfacing- Cementious Liner SECTION E1 Cleanout and Sewer Lateral SECTION E2 Sewer Lateral CIPP 1 -$ -$ 748,175.00$ -$ -$ -$ 2 -$ 284,610.35$ -$ -$ -$ -$ -$ 3 499,180.00$ -$ -$ -$ -$ -$ -$ 4 390,500.00$ 263,800.00$ 14,366.00$ -$ 749,750.00$ 1,262,500.00$ -$ 5 720,139.00$ -$ -$ -$ -$ -$ -$ 6 640,950.00$ 228,462.15$ -$ -$ -$ -$ -$ 7 729,550.00$ -$ -$ -$ -$ -$ -$ 8 -$ 512,050.00$ 18,576.29$ 915,000.00$ 652,000.00$ 737,437.50$ 992,000.00$ 9 -$ -$ 4,176.44$ -$ 678,500.00$ -$ -$ 10 -$ 392,000.00$ -$ 1,173,000.00$ 580,650.00$ -$ -$ APPARENT LOW BIDDER Section A:Hinterland Group, Inc. APPARENT LOW BIDDER Section B:Layne Inliner, LLC APPARENT LOW BIDDER Section C:Rowland, Inc. APPARENT LOW BIDDER Section D1:Concrete Conservation, Inc. APPARENT LOW BIDDER Section D2:VacVision Environmental, LLC APPARENT LOW BIDDER Section E1:National Power Rodding Corp. APPARENT LOW BIDDER Section E2:Recommend not to award this Section ALL OF THE ABOVE LISTED CONTRACTORS HAVE MET THE PRE-QUALIFICATION REQUIREMENT FOR THIS PROJECT. VacVision Environmental, LLC Hinterland Group, Inc. Insituform Technologies, LLC Layne Inliner, LLC Miller Pipeline, LLC National Power Rodding Corp. Rowland, Inc. BID TABULATIONS - SYNOPSIS PROJECT NAME & #: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION PROJECT #14-0025-UT CONTRACTOR Concrete Conservation, Inc. GML Coatings, LLC Envirowaste Services Group, Inc. Page 1 Bid Tabulations A. SANITARY SEWER TRENCHLESS RECONSTRUCTION 1. Trenchless Pipe Reconstruction System – CIPP. ITEM DESCRIPTIONS UNIT EST. QUANTI TY UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL a. 8” Dia. Sanitary Sewer Mains 6.0 mm Normal Thickness 3,000 $ 32.00 $ 96,000.00 $ 25.00 $ 75,000.00 $ 24.80 $ 74,400.00 $ 30.50 $ 91,500.00 $ 27.00 $ 81,000.00 b. 10” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness 600 $ 38.00 $ 22,800.00 $ 30.00 $ 18,000.00 $ 31.50 $ 18,900.00 $ 38.00 $ 22,800.00 $ 28.00 $ 16,800.00 c. 12” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness 600 $ 42.00 $ 25,200.00 $ 35.00 $ 21,000.00 $ 34.80 $ 20,880.00 $ 41.00 $ 24,600.00 $ 32.00 $ 19,200.00 d. 15” Dia. Sanitary Sewer Mains 7.5 mm Normal Thickness 300 $ 50.00 $ 15,000.00 $ 40.00 $ 12,000.00 $ 44.30 $ 13,290.00 $ 42.50 $ 12,750.00 $ 36.00 $ 10,800.00 e. 18” Dia. Sanitary Sewer Mains 9.0 mm Normal Thickness 300 $ 60.00 $ 18,000.00 $ 51.00 $ 15,300.00 $ 61.70 $ 18,510.00 $ 55.00 $ 16,500.00 $ 60.00 $ 18,000.00 f. 21” Dia. Sanitary Sewer Mains 9.0 mm Normal Thickness 300 $ 97.00 $ 29,100.00 $ 56.00 $ 16,800.00 $ 73.60 $ 22,080.00 $ 70.00 $ 21,000.00 $ 85.00 $ 25,500.00 g. 24” Dia. Sanitary Sewer Mains 9.0 mm Normal Thickness 300 $ 105.00 $ 31,500.00 $ 66.00 $ 19,800.00 $ 85.40 $ 25,620.00 $ 80.00 $ 24,000.00 $ 95.00 $ 28,500.00 TOTAL NO. 1 $ 237,600.00 $ 177,900.00 $ 193,680.00 $ 213,150.00 $ 199,800.00 2. CIPP Sectional Repair. EST. QUANTI TY a. 6” Dia. Sanitary Sewer Mains 2’-10’5 $ 1,080.00 $ 5,400.00 $ 1,000.00 $ 5,000.00 $ 3,130.00 $ 15,650.00 $ 2,000.00 $ 10,000.00 $ 2,090.00 $ 10,450.00 10.1’-20’2 $ 1,100.00 $ 2,200.00 $ 1,600.00 $ 3,200.00 $ 4,075.00 $ 8,150.00 $ 2,600.00 $ 5,200.00 $ 2,640.00 $ 5,280.00 20.1’-30’2 $ 1,375.00 $ 2,750.00 $ 2,200.00 $ 4,400.00 $ 5,810.00 $ 11,620.00 $ 4,600.00 $ 9,200.00 $ 3,850.00 $ 7,700.00 SUB-TOTAL LAYNE INLINER, LLC Sanford, FL MILLER PIPELINE, LLC Indianapolis, IN UNIT PRICE SUB-TOTALUNIT PRICE INSITUFORM TECHNOLOGIES, LLC Chesterfield, MO HINTERLAND GROUP, INC. West Palm Beach, FL UNIT PRICE SUB-TOTALUNIT PRICE SUB-TOTALUNIT PRICE SUB-TOTAL EA ITEM DESCRIPTION UNIT GML COATINGS, LLC Lakewood Ranch, FL LF LF LF LF LF LF LF Page 2 Section A LAYNE INLINER, LLC Sanford, FL MILLER PIPELINE, LLC Indianapolis, IN INSITUFORM TECHNOLOGIES, LLC Chesterfield, MO HINTERLAND GROUP, INC. West Palm Beach, FL GML COATINGS, LLC Lakewood Ranch, FL b. 8” Dia. Sanitary Sewer Mains 2’-10’5 $ 1,150.00 $ 5,750.00 $ 1,100.00 $ 5,500.00 $ 3,575.00 $ 17,875.00 $ 2,100.00 $ 10,500.00 $ 2,970.00 $ 14,850.00 10.1’-20’2 $ 1,235.00 $ 2,470.00 $ 1,700.00 $ 3,400.00 $ 4,800.00 $ 9,600.00 $ 2,700.00 $ 5,400.00 $ 3,630.00 $ 7,260.00 20.1’-30’2 $ 1,540.00 $ 3,080.00 $ 2,200.00 $ 4,400.00 $ 6,030.00 $ 12,060.00 $ 4,700.00 $ 9,400.00 $ 4,400.00 $ 8,800.00 c. 10” Dia. Sanitary Sewer Mains 2’-10’5 $ 1,250.00 $ 6,250.00 $ 1,200.00 $ 6,000.00 $ 3,685.00 $ 18,425.00 $ 2,300.00 $ 11,500.00 $ 3,630.00 $ 18,150.00 10.1’-20’2 $ 1,650.00 $ 3,300.00 $ 1,800.00 $ 3,600.00 $ 4,915.00 $ 9,830.00 $ 3,050.00 $ 6,100.00 $ 4,180.00 $ 8,360.00 20.1’-30’2 $ 2,050.00 $ 4,100.00 $ 2,300.00 $ 4,600.00 $ 6,143.00 $ 12,286.00 $ 5,250.00 $ 10,500.00 $ 4,730.00 $ 9,460.00 d. 12” Dia. Sanitary Sewer Mains 2’-10’5 $ 1,320.00 $ 6,600.00 $ 1,300.00 $ 6,500.00 $ 3,800.00 $ 19,000.00 $ 2,700.00 $ 13,500.00 $ 4,180.00 $ 20,900.00 10.1’-20’2 $ 1,750.00 $ 3,500.00 $ 1,900.00 $ 3,800.00 $ 5,025.00 $ 10,050.00 $ 3,850.00 $ 7,700.00 $ 4,840.00 $ 9,680.00 20.1’-30’2 $ 2,200.00 $ 4,400.00 $ 2,400.00 $ 4,800.00 $ 6,255.00 $ 12,510.00 $ 5,350.00 $ 10,700.00 $ 5,610.00 $ 11,220.00 e. 15” Dia. Sanitary Sewer Mains 2’-10’5 $ 1,850.00 $ 9,250.00 $ 1,400.00 $ 7,000.00 $ 4,020.00 $ 20,100.00 $ 3,500.00 $ 17,500.00 $ 4,840.00 $ 24,200.00 10.1’-20’2 $ 2,450.00 $ 4,900.00 $ 2,400.00 $ 4,800.00 $ 5,250.00 $ 10,500.00 $ 5,550.00 $ 11,100.00 $ 5,940.00 $ 11,880.00 20.1’-30’2 $ 3,050.00 $ 6,100.00 $ 3,100.00 $ 6,200.00 $ 6,480.00 $ 12,960.00 $ 7,000.00 $ 14,000.00 $ 7,040.00 $ 14,080.00 f. 18” Dia. Sanitary Sewer Mains 2’-10’3 $ 2,050.00 $ 6,150.00 $ 1,500.00 $ 4,500.00 $ 4,245.00 $ 12,735.00 $ 6,000.00 $ 18,000.00 $ 7,040.00 $ 21,120.00 10.1’-20’1 $ 2,730.00 $ 2,730.00 $ 2,700.00 $ 2,700.00 $ 5,470.00 $ 5,470.00 $ 13,000.00 $ 13,000.00 $ 8,360.00 $ 8,360.00 20.1’-30’1 $ 3,400.00 $ 3,400.00 $ 3,500.00 $ 3,500.00 $ 6,700.00 $ 6,700.00 $ 13,500.00 $ 13,500.00 $ 9,680.00 $ 9,680.00 g. 21” Dia. Sanitary Sewer Mains 2’-10’3 $ 3,500.00 $ 10,500.00 $ 1,600.00 $ 4,800.00 $ 4,465.00 $ 13,395.00 $ 7,150.00 $ 21,450.00 $ 9,680.00 $ 29,040.00 10.1’-20’1 $ 4,650.00 $ 4,650.00 $ 2,800.00 $ 2,800.00 $ 5,585.00 $ 5,585.00 $ 13,700.00 $ 13,700.00 $ 11,000.00 $ 11,000.00 20.1’-30’1 $ 6,250.00 $ 6,250.00 $ 3,500.00 $ 3,500.00 $ 6,925.00 $ 6,925.00 $ 14,250.00 $ 14,250.00 $ 12,320.00 $ 12,320.00 h. 24” Dia. Sanitary Sewer Mains 2’-10’3 $ 3,750.00 $ 11,250.00 $ 1,600.00 $ 4,800.00 $ 5,025.00 $ 15,075.00 $ 8,400.00 $ 25,200.00 $ 12,320.00 $ 36,960.00 10.1’-20’1 $ 5,000.00 $ 5,000.00 $ 2,900.00 $ 2,900.00 $ 6,143.00 $ 6,143.00 $ 14,500.00 $ 14,500.00 $ 16,500.00 $ 16,500.00 20.1’-30’1 $ 6,250.00 $ 6,250.00 $ 4,000.00 $ 4,000.00 $ 7,260.00 $ 7,260.00 $ 15,000.00 $ 15,000.00 $ 22,000.00 $ 22,000.00 TOTAL NO. 2 $ 126,230.00 $ 106,700.00 $ 279,904.00 $ 300,900.00 $ 349,250.00 EA EA EA EA EA EA EA Page 3 Section A LAYNE INLINER, LLC Sanford, FL MILLER PIPELINE, LLC Indianapolis, IN INSITUFORM TECHNOLOGIES, LLC Chesterfield, MO HINTERLAND GROUP, INC. West Palm Beach, FL GML COATINGS, LLC Lakewood Ranch, FL 3. Ancillary Services ITEM DESCRIPTION UNIT EST. QUANTI TY UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL a. Mobilization/Demobilization including Traffic Control LS/wo rk order 5 $ 1,250.00 $ 6,250.00 $ 1,500.00 $ 7,500.00 $ 3,213.00 $ 16,065.00 $ 500.00 $ 2,500.00 $ 4,500.00 $ 22,500.00 b. Easement Access, additional < or = 15” Diameter > 15” Diameter LF 3,000 $ 0.50 $ 1,500.00 $ 1.50 $ 4,500.00 $ 1.10 $ 3,300.00 $ 2.00 $ 6,000.00 $ 5.00 $ 15,000.00 LF 900 $ 0.50 $ 450.00 $ 2.50 $ 2,250.00 $ 2.20 $ 1,980.00 $ 3.00 $ 2,700.00 $ 5.00 $ 4,500.00 c. Service with Pressure Grouting EACH 50 $ 250.00 $ 12,500.00 $ 230.00 $ 11,500.00 $ 376.00 $ 18,800.00 $ 300.00 $ 15,000.00 $ 225.00 $ 11,250.00 d. Standard Service Reconnection EACH 250 $ 275.00 $ 68,750.00 $ 95.00 $ 23,750.00 $ 95.50 $ 23,875.00 $ 130.00 $ 32,500.00 $ 105.00 $ 26,250.00 e. Heavy Cleaning 8”-10” Diameter LF 1,500 $ 1.00 $ 1,500.00 $ 2.00 $ 3,000.00 $ 1.10 $ 1,650.00 $ 2.50 $ 3,750.00 $ 1.50 $ 2,250.00 12”-15” Diameter LF 300 $ 2.00 $ 600.00 $ 3.00 $ 900.00 $ 1.60 $ 480.00 $ 4.00 $ 1,200.00 $ 2.00 $ 600.00 16”-24” Diameter LF 300 $ 3.00 $ 900.00 $ 4.00 $ 1,200.00 $ 2.80 $ 840.00 $ 6.50 $ 1,950.00 $ 3.50 $ 1,050.00 f. Root Removal 8”-10” Diameter LF 500 $ 1.00 $ 500.00 $ 8.00 $ 4,000.00 $ 1.10 $ 550.00 $ 4.00 $ 2,000.00 $ 2.00 $ 1,000.00 12”-15” Diameter LF 300 $ 2.00 $ 600.00 $ 8.00 $ 2,400.00 $ 1.60 $ 480.00 $ 6.00 $ 1,800.00 $ 3.00 $ 900.00 16”-24” Diameter LF 300 $ 3.00 $ 900.00 $ 8.00 $ 2,400.00 $ 2.80 $ 840.00 $ 10.00 $ 3,000.00 $ 4.00 $ 1,200.00 g. Tuberculation Cleaning 8”-10” Diameter LF 500 $ 1.00 $ 500.00 $ 10.00 $ 5,000.00 $ 8.90 $ 4,450.00 $ 10.00 $ 5,000.00 $ 8.00 $ 4,000.00 12”-15” Diameter LF 300 $ 2.00 $ 600.00 $ 10.00 $ 3,000.00 $ 13.40 $ 4,020.00 $ 15.00 $ 4,500.00 $ 10.00 $ 3,000.00 16”-24” Diameter LF 300 $ 6.00 $ 1,800.00 $ 15.00 $ 4,500.00 $ 17.90 $ 5,370.00 $ 20.00 $ 6,000.00 $ 15.00 $ 4,500.00 h. Bypass Pump setup with Piping 8”-12” Diameter EA 20 $ 275.00 $ 5,500.00 $ 400.00 $ 8,000.00 $ 559.00 $ 11,180.00 $ 450.00 $ 9,000.00 $ 1,000.00 $ 20,000.00 15”-18” Diameter EA 15 $ 1,500.00 $ 22,500.00 $ 800.00 $ 12,000.00 $ 6,145.00 $ 92,175.00 $ 1,000.00 $ 15,000.00 $ 2,500.00 $ 37,500.00 24” Diameter EA 5 $ 2,000.00 $ 10,000.00 $ 2,000.00 $ 10,000.00 $ 12,100.00 $ 60,500.00 $ 3,000.00 $ 15,000.00 $ 5,000.00 $ 25,000.00 TOTAL NO. 3 $ 135,350.00 $ 105,900.00 $ 246,555.00 $ 126,900.00 $ 180,500.00 TOTAL SECTION A (sum of 1-3) $ 499,180.00 $ 390,500.00 $ 720,139.00 $ 640,950.00 $ 729,550.00 Page 4 Section A B. SEWER CLEANING AND TELEVISING INSPECTION 1. Sewer Line Cleaning ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL a. Mobilization/Demobilization including Traffic Control on City streets LS/work assignmen t 10 $ 0.01 $ 0.10 $ 2,000.00 $ 20,000.00 $ 0.01 $ 0.10 $ 500.00 $ 5,000.00 $ 1,000.00 $ 10,000.00 $ 0.01 $ 0.10 $ 750.00 $ 7,500.00 $ 50.00 $ 500.00 $ 550.00 $ 5,500.00 $ 750.00 $ 7,500.00 c. Heavy Cleaning 8”-10” Diameter 50,000 $ 0.01 $ 500.00 $ 1.00 $ 50,000.00 $ 0.01 $ 500.00 $ 1.00 $ 50,000.00 $ 1.70 $ 85,000.00 12”-15” Diameter 3,000 $ 0.01 $ 30.00 $ 2.00 $ 6,000.00 $ 0.01 $ 30.00 $ 1.00 $ 3,000.00 $ 2.50 $ 7,500.00 16”-24” Diameter 4,000 $ 0.01 $ 40.00 $ 2.00 $ 8,000.00 $ 0.01 $ 40.00 $ 4.50 $ 18,000.00 $ 7.00 $ 28,000.00 30”-36” Diameter 1,000 $ 0.01 $ 10.00 $ 2.00 $ 2,000.00 $ 0.01 $ 10.00 $ 6.50 $ 6,500.00 $ 15.00 $ 15,000.00 d. Root Removal 8”-10” Diameter 500 $ 2.00 $ 1,000.00 $ 4.00 $ 2,000.00 $ 1.00 $ 500.00 $ 1.00 $ 500.00 $ 3.00 $ 1,500.00 12”-15” Diameter 500 $ 3.00 $ 1,500.00 $ 5.00 $ 2,500.00 $ 0.01 $ 5.00 $ 1.00 $ 500.00 $ 3.00 $ 1,500.00 16”-24” Diameter 500 $ 4.00 $ 2,000.00 $ 8.00 $ 4,000.00 $ 0.01 $ 5.00 $ 4.50 $ 2,250.00 $ 3.00 $ 1,500.00 30”-36” Diameter 200 $ 8.00 $ 1,600.00 $ 10.00 $ 2,000.00 $ 0.01 $ 2.00 $ 6.50 $ 1,300.00 $ 5.00 $ 1,000.00 e. Easement access, additional 8”-10” Diameter 50,000 $ 0.01 $ 500.00 $ 0.10 $ 5,000.00 $ 0.30 $ 15,000.00 $ 1.00 $ 50,000.00 $ 0.05 $ 2,500.00 12”-15” Diameter 3,000 $ 0.01 $ 30.00 $ 0.10 $ 300.00 $ 0.01 $ 30.00 $ 2.50 $ 7,500.00 $ 1.00 $ 3,000.00 16”-24” Diameter 4,000 $ 0.01 $ 40.00 $ 0.10 $ 400.00 $ 0.01 $ 40.00 $ 2.50 $ 10,000.00 $ 2.00 $ 8,000.00 30”-36” Diameter 1,000 $ 0.01 $ 10.00 $ 0.10 $ 100.00 $ 0.01 $ 10.00 $ 2.50 $ 2,500.00 $ 3.00 $ 3,000.00 LF b. Traffic Control on non-City streets Per Day 10 LF LF Envirowaste Services Group, Inc. Miami, FL Hinterland Group, Inc. West Palm Beach, FL Layne Inliner, LLC Sanford, IL National Power Rodding Corp. Chicago, IL VacVision Environmental, LLC Tampa, FL Page 5 Section B Envirowaste Services Group, Inc. Miami, FL Hinterland Group, Inc. West Palm Beach, FL Layne Inliner, LLC Sanford, IL National Power Rodding Corp. Chicago, IL VacVision Environmental, LLC Tampa, FL f. Tuberculation Cleaning 8”-10” Diameter 1,000 $ 4.50 $ 4,500.00 $ 7.00 $ 7,000.00 $ 0.01 $ 10.00 $ 15.00 $ 15,000.00 $ 15.00 $ 15,000.00 12”-15” Diameter 1,000 $ 6.00 $ 6,000.00 $ 9.00 $ 9,000.00 $ 0.01 $ 10.00 $ 18.00 $ 18,000.00 $ 20.00 $ 20,000.00 16”-24” Diameter 1,000 $ 10.00 $ 10,000.00 $ 10.00 $ 10,000.00 $ 0.01 $ 10.00 $ 35.00 $ 35,000.00 $ 30.00 $ 30,000.00 30”-36” Diameter 1,000 $ 15.00 $ 15,000.00 $ 15.00 $ 15,000.00 $ 0.01 $ 10.00 $ 50.00 $ 50,000.00 $ 30.00 $ 30,000.00 g. Manhole Clean/Jet-vac EACH 100 $ 50.00 $ 5,000.00 $ 45.00 $ 4,500.00 $ 10.00 $ 1,000.00 $ 50.00 $ 5,000.00 $ 50.00 $ 5,000.00 TOTAL NO. 1 47,760.20$ 155,300.00$ 17,712.10$ 285,550.00$ 275,000.00$ 2. CCTV pipe and manhole inspection with PACP/CUES Granite XP compatibility ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL UNIT PRICE SUB-TOTAL a. Mobilization/Demobilization including Traffic Control on City streets LS/work assignmen t 5 $ 0.01 $ 0.05 $ 1,500.00 $ 7,500.00 $ 0.01 $ 0.05 $ 500.00 $ 2,500.00 $ 1,000.00 $ 5,000.00 b. Traffic Control on non-City streets Per day 10 $ 0.01 $ 0.10 $ 750.00 $ 7,500.00 $ 50.00 $ 500.00 $ 550.00 $ 5,500.00 $ 750.00 $ 7,500.00 c. CCTV pipe inspection 8”-10” Diameter 100,000 $ 1.70 $ 170,000.00 $ 0.65 $ 65,000.00 $ 1.25 $ 125,000.00 $ 1.50 $ 150,000.00 $ 0.75 $ 75,000.00 12”-15” Diameter 13,000 $ 1.95 $ 25,350.00 $ 0.75 $ 9,750.00 $ 2.00 $ 26,000.00 $ 1.75 $ 22,750.00 $ 0.75 $ 9,750.00 16”-24” Diameter 12,000 $ 2.75 $ 33,000.00 $ 1.00 $ 12,000.00 $ 3.50 $ 42,000.00 $ 2.00 $ 24,000.00 $ 0.75 $ 9,000.00 30”-36” Diameter 1,000 $ 4.50 $ 4,500.00 $ 2.00 $ 2,000.00 $ 14.00 $ 14,000.00 $ 3.00 $ 3,000.00 $ 0.75 $ 750.00 d. Manhole Inspection EA 50 $ 45.00 $ 2,250.00 $ 45.00 $ 2,250.00 $ 15.00 $ 750.00 $ 75.00 $ 3,750.00 $ 100.00 $ 5,000.00 e. Smoke Testing LF 5,000 $ 0.35 $ 1,750.00 $ 0.50 $ 2,500.00 $ 0.50 $ 2,500.00 $ 3.00 $ 15,000.00 $ 1.00 $ 5,000.00 TOTAL NO. 2 236,850.15$ 108,500.00$ 210,750.05$ 226,500.00$ 117,000.00$ TOTAL SECTION B (sum of 1 & 2) LF LF 284,610.35$ 263,800.00$ 228,462.15$ 512,050.00$ 392,000.00$ Page 6 Section B C. SEWER PIPE, FORCE MAIN, AND MANHOLE EMERGENCY REPAIR 1. Mobilization 2,000.00$ Lump Sum 8,437.50$ Lump Sum 225.00$ Lump Sum 2. Traffic Control 1,000.00$ per day 618.75$ per day 45.00$ per day 3. Labor hour Forman regular time 65.00$ per hr (hour)55.13$ per hr (hour)66.00$ per hr (hour) Forman overtime 90.00$ per hr 77.06$ per hr 76.00$ per hr Operator regular time 65.00$ per hr 36.00$ per hr 53.00$ per hr Operator overtime 90.00$ per hr 54.45$ per hr 63.00$ per hr Truck Driver regular time 65.00$ per hr 30.38$ per hr 43.00$ per hr Truck Driver overtime 90.00$ per hr 43.54$ per hr 53.00$ per hr Pipe Layer regular time 40.00$ per hr 30.38$ per hr 46.00$ per hr Pipe Layer overtime 60.00$ per hr 43.54$ per hr 56.00$ per hr Laborer regular time 40.00$ per hr 24.75$ per hr 41.00$ per hr Laborer overtime 60.00$ per hr 34.65$ per hr 51.00$ per hr 4. Equipment Foreman P/U with hand tools 45.00$ per hr 28.13$ per hr 28.00$ per hr Job truck with tools 60.00$ per hr 28.13$ per hr 36.00$ per hr Tractor & Trailer (Transport)180.00$ per hr 225.00$ per hr 25.00$ per hr Track Hoe (to 100 HP)120.00$ per hr 112.50$ per hr 95.00$ per hr Track Hoe (101 HP to 170 HP)180.00$ per hr 140.63$ per hr 130.00$ per hr Track Hoe (171 HP and up)260.00$ per hr 168.75$ per hr 135.00$ per hr Rubber Tired Backhoe 120.00$ per hr 126.00$ per hr 55.00$ per hr Wheel Loader (to 150 HP)180.00$ per hr 84.38$ per hr 65.00$ per hr Wheel Loader (151 HP and up)240.00$ per hr 180.00$ per hr 70.00$ per hr Track Type Tractors (to 100 HP)140.00$ per hr 78.75$ per hr 22.00$ per hr Track Type Tractors (101 HP and up)190.00$ per hr 106.88$ per hr 27.00$ per hr Dump Truck (Tandem Axle)75.00$ per hr 102.38$ per hr 72.00$ per hr Plate Tamp 20.00$ per hr 22.50$ per hr 6.00$ per hr 3” Trash Pump 40.00$ per hr 22.50$ per hr 6.00$ per hr 4” Double Diaphragm Pump 50.00$ per hr 28.13$ per hr 9.00$ per hr Air Compressor (125 CFM min.)30.00$ per hr 28.13$ per hr 12.00$ per hr Well Point Pump 300.00$ per hr 253.13$ per hr 100.00$ per hr Well Point 6.00$ per linear ft 22.50$ per linear ft 26.00$ per linear ft 4” Jet Pump 400.00$ per day 225.00$ per day 50.00$ per day Emergency Hauling up to 2500 gallons 350.00$ per hr 393.75$ per hr 180.00$ per hr Emergency Hauling over 2500 gallons 400.00$ per hr 393.75$ per hr 180.00$ per hr Hinterland Group, Inc. West Palm Beach, FL National Power Rodding Corp. Chicago, IL Rowland, Inc. Pinellas Park, FL Page 7 Section C Hinterland Group, Inc. West Palm Beach, FL National Power Rodding Corp. Chicago, IL Rowland, Inc. Pinellas Park, FL 5. Materials Asphalt – 2” overlay 45.00$ per Square Yard 56.25$ per Square Yard 15.00$ per Square Yard 3000 psi Concrete 140.00$ per CY 236.25$ per CY 115.00$ per CY Off Site Selected Fill 60.00$ per CY 22.50$ per CY 4.00$ per CY Limerock Base Material 35.00$ per Ton 29.25$ per Ton 25.00$ per Ton # 57 Washed Stone 60.00$ per Ton 28.13$ per Ton 40.00$ per Ton Bahia Sod 1.00$ per Square Foot 1.13$ per Square Foot 0.60$ per Square Foot City’s standard manhole ring 500.00$ per each 168.75$ per each 150.00$ per each City’s standard manhole cover 600.00$ per each 196.88$ per each 80.00$ per each Two-way Cleanouts 1,800.00$ per each 2,812.50$ per each 55.00$ per each 5a. Sewer mains replacement per lineal foot PVC DI PVC DI PVC DI 8” diameter 10.00$ 60.00$ 22.50$ 28.13$ 2.75$ 28.90$ 10” diameter 15.00$ 75.00$ 28.13$ 33.75$ 4.50$ 37.90$ 12” diameter 20.00$ 90.00$ 33.75$ 39.38$ 6.35$ 44.60$ 15” diameter 25.00$ 110.00$ 39.38$ 45.00$ 9.60$ 0.01$ 18” diameter 35.00$ 130.00$ 56.25$ 61.88$ 15.80$ 62.40$ 20” diameter 70.00$ 140.00$ 61.88$ 67.50$ 0.01$ 69.25$ 21” diameter 70.00$ 170.00$ 84.38$ 90.00$ 21.90$ 0.01$ 24” diameter 70.00$ 170.00$ 112.50$ 118.13$ 27.90$ 90.65$ 30” diameter 130.00$ 215.00$ 140.63$ 146.25$ 0.01$ 101.00$ 36” diameter 130.00$ 275.00$ 168.75$ 174.38$ 0.01$ 125.00$ 5b. Force mains replacement per lineal foot PVC DI PVC DI PVC DI 8” diameter 14.00$ 50.00$ 22.50$ 28.13$ 6.10$ 28.90$ 10” diameter 22.00$ 75.00$ 28.13$ 33.75$ 9.15$ 37.90$ 12” diameter 28.00$ 90.00$ 33.75$ 39.38$ 15.70$ 44.60$ 15” diameter 45.00$ 110.00$ 39.38$ 45.00$ 0.01$ 0.01$ 18” diameter 60.00$ 130.00$ 61.88$ 67.50$ 31.00$ 62.40$ 20” diameter 60.00$ 140.00$ 67.50$ 73.13$ 33.20$ 69.25$ 21” diameter 90.00$ 170.00$ 73.13$ 78.75$ 0.01$ 0.01$ 24” diameter 90.00$ 170.00$ 78.75$ 84.38$ 55.00$ 90.65$ 30” diameter 90.00$ 215.00$ 84.38$ 90.00$ 86.50$ 101.00$ 36” diameter 140.00$ 275.00$ 90.00$ 95.63$ 99.90$ 125.00$ TOTAL SECTION C 14,366.00$ 18,576.29$ 4,176.44$ Page 8 Section C D.1. Manhole Surfacing– Polyurethane Barrier or Epoxy Liner Liner Product: Manufacturer’s recommended thickness: EST. QUANTITY 3 b. Traffic Control on non-City streets Per day 10 $ 200.00 $ 2,000.00 $ 150.00 $ 1,500.00 $ 750.00 $ 7,500.00 VF 1500 $ 174.00 $ 261,000.00 $ 185.00 $ 277,500.00 $ 260.00 $ 390,000.00 VF 1000 $ 210.00 $ 210,000.00 $ 225.00 $ 225,000.00 $ 324.75 $ 324,750.00 VF 1000 $ 235.00 $ 235,000.00 $ 300.00 $ 300,000.00 $ 387.60 $ 387,600.00 Each 70 $ 200.00 $ 14,000.00 $ 800.00 $ 56,000.00 $ 250.00 $ 17,500.00 N/C $ - Gallon 40 $ - $ 75.00 $ 3,000.00 $ 100.00 $ 4,000.00 Each 40 N/C $ - $ 25.00 $ 1,000.00 $ 40.00 $ 1,600.00 VF 150 $ 40.00 $ 6,000.00 $ 50.00 $ 7,500.00 $ 63.00 $ 9,450.00 VF 150 $ 45.00 $ 6,750.00 $ 75.00 $ 11,250.00 $ 79.00 $ 11,850.00 k. Remove existing liner for 6’ diameter manhole VF 150 $ 45.00 $ 6,750.00 $ 85.00 $ 12,750.00 $ 95.00 $ 14,250.00 l. Rear easement access Each 30 $ 75.00 $ 2,250.00 $ 350.00 $ 10,500.00 $ 100.00 $ 3,000.00 TOTAL SECTION D1 748,175.00$ 915,000.00$ 1,173,000.00$ j. Remove existing liner for 5’ diameter manhole UNIT PRICE SUB-TOTAL $ 3,000.00 $ 9,000.00 c. Liner system for 4’diameter manhole d. Liner system for 5’diameter manhole e. Liner system for 6’diameter manhole f. Bench/invert Repair g. Injection grouting as required to stop infiltration and inflow h. Manhole clean/jet-vac ITEM DESCRIPTION UNIT UNIT PRICE SUB-TOTAL a. Mobilization/Demobilization including Traffic Control on City streets UNIT PRICE SUB-TOTAL $ 500.00 $ 1,500.00 i. Remove existing liner for 4’diameter manhole LS/work order $ 1,475.00 $ 4,425.00 Structure Guard 120 mils VacVision Environmental, LLC Tampa, FL National Power Rodding Corp. Chicago, IL Concrete Conservation, Inc. Jacksonville, FL Spectra Shield 500 mills Raven 405 125 Mils Page 9 Section D1 D.2. Manhole Surfacing– Cementitous Liner Liner Product Refratta HAC100 AW Cook Silatec CAM Kerneos SewperCoat Sewpercoat EST. QUANTITY 3 b. Traffic Control on non-City streets Per day 10 $ 250.00 $ 2,500.00 $ 150.00 $ 1,500.00 $ 250.00 $ 2,500.00 $ 750.00 $ 7,500.00 VF 1500 $ 180.00 $ 270,000.00 $ 135.00 $ 202,500.00 $ 170.00 $ 255,000.00 $ 120.00 $ 180,000.00 VF 1000 $ 180.00 $ 180,000.00 $ 155.00 $ 155,000.00 $ 180.00 $ 180,000.00 $ 150.00 $ 150,000.00 VF 1000 $ 210.00 $ 210,000.00 $ 180.00 $ 180,000.00 $ 190.00 $ 190,000.00 $ 180.00 $ 180,000.00 Each 70 $ 250.00 $ 17,500.00 $ 800.00 $ 56,000.00 $ 100.00 $ 7,000.00 $ 250.00 $ 17,500.00 Gallon 40 $ 450.00 $ 18,000.00 $ 75.00 $ 3,000.00 $ 100.00 $ 4,000.00 $ 100.00 $ 4,000.00 h. Manhole clean/jet-vac Each 40 $ 150.00 $ 6,000.00 $ 75.00 $ 3,000.00 $ 100.00 $ 4,000.00 $ 40.00 $ 1,600.00 VF 150 $ 75.00 $ 11,250.00 $ 50.00 $ 7,500.00 $ 60.00 $ 9,000.00 $ 63.00 $ 9,450.00 VF 150 $ 90.00 $ 13,500.00 $ 75.00 $ 11,250.00 $ 60.00 $ 9,000.00 $ 79.00 $ 11,850.00 k. Remove existing liner for 6’ diameter manhole VF 150 $ 90.00 $ 13,500.00 $ 85.00 $ 12,750.00 $ 70.00 $ 10,500.00 $ 95.00 $ 14,250.00 l. Rear easement access Each 30 $ 200.00 $ 6,000.00 $ 350.00 $ 10,500.00 $ 100.00 $ 3,000.00 $ 100.00 $ 3,000.00 TOTAL SECTION D2 $ 749,750.00 $ 652,000.00 $ 678,500.00 $ 580,650.00 j. Remove existing liner for 5’ diameter manhole UNIT PRICE e. Liner system for 6’diameter manhole f. Bench/invert Repair g. Injection grouting as required to stop infiltration and inflow i. Remove existing liner for 4’diameter manhole $ 3,000.00 $ 9,000.00 c. Liner system for 4’diameter manhole d. Liner system for 5’diameter manhole ITEM DESCRIPTION UNIT UNIT PRICE SUBTOTAL a. Mobilization/Demobilization including Traffic Control on City streets LS/work order $ 500.00 $ 1,500.00 $ 1,500.00 $ 4,500.00 UNIT PRICE SUBTOTAL $ 500.00 $ 1,500.00 UNIT PRICE VacVision Environmental, LLC Tampa, FL National Power Rodding Corp. Chicago, IL SUBTOTAL Hinterland Group, Inc. West Palm Beach, FL Rowland, Inc. Pinellas Park, FL SUBTOTAL Page 10 Section D2 E1. Cleanout and Sewer Lateral EST. QUANTITY 10 $ 750.00 $ 7,500.00 $ 8,437.50 $ 84,375.00 b. Traffic Control on non-City streets Per Day 10 $ 500.00 $ 5,000.00 $ 618.75 $ 6,187.50 Each 500 $ 500.00 $ 250,000.00 $ 956.25 $ 478,125.00 LF 1000 $ 1,000.00 $ 1,000,000.00 $ 168.75 $ 168,750.00 TOTAL E1 1,262,500.00$ 737,437.50$ National Power Rodding Corp. Chicago, IL Hinterland Group West Palm Beach, FL c. Furnish and install Cleanout d. Furnish and replace existing street lateral to new cleanout location UNIT PRICE SUB-TOTAL E. SANITARY CLEANOUTS AND LATERALS ITEM DESCRIPTION UNIT UNIT PRICE SUB-TOTAL a. Mobilization/Demobilization including Traffic Control on City streets LS/work order Page 11 Section E1 E2. Sewer Lateral CIPP ITEM DESCRIPTIONS UNIT EST. QUANTITY UNIT PRICE SUB-TOTAL a. Mobilization including Traffic Control on City streets LS/Work order 10 $ 7,500.00 $ 75,000.00 b. Traffic Control on non-City streets Per Day 10 $ 1,000.00 $ 10,000.00 $ 2,650.00 $ 265,000.00 60 $ 4,050.00 $ 243,000.00 e. Trenchless reconstruction of sewer lateral beyond 30.0 feet including CCTV and cleaning EA 60 $ 5,150.00 $ 309,000.00 f. Lateral Connection Sealing and Repair Product EA 60 $ 1,500.00 $ 90,000.00 TOTAL E2 992,000.00$ National Power Rodding Corp. Chicago, IL c. Trenchless reconstruction of sewer lateral less than 15.0 feet including CCTV and cleaning EA 100 d. Trenchless reconstruction of sewer lateral between 15.1 feet to 30.0 feet including CCTV and cleaning EA Page 12 Section E2 SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER HINTERLAND GROUP, INC. 5401 N. Haverhill Road, Unit6 114 West Palm Beach, FL 33407 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION A CURED-IN-PLACE PIPE LINING PROJECT #14-0025-UT (SECTION A) PROJECT DESCRIPTION: Work includes lining of selected sewer pipelines to rebuild the pipes’ structural integrity according to City Standard Specifications, limiting inflow and infiltration. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we HINTERLAND GROUP, INC. as Contractor and _____________________________________________________________ (Surety) whose home address is ______________________________________________________________. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed of: THREE HUNDRED SIXTY THOUSAND Dollars ($360,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION A CURED-IN- PLACE PIPE LINING PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. HINTERLAND GROUP, INC. By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV_For_Legistar.docx Page 3 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and HINTERLAND GROUP, INC., of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION A CURED-IN- PLACE PIPE LINING PROJECT #14-0025-UT in the amount, not to exceed, of $360,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) HINTERLAND GROUP, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section A 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: HINTERLAND GROUP, INC. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of HINTERLAND GROUP, INC. 5401 N. Haverhill Road, Unit6 114 West Palm Beach, FL 33407 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Layne Inliner, LLC 2531 Jewett Lane Sanford, FL 32771 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION B SANITARY SEWER CLEANING AND TELEVISION INSPECTION PROJECT #14-0025-UT (SECTION B) PROJECT DESCRIPTION: perform cleaning and TV inspection of selected sanitary sewer systems. This process restores capacity by removing sediment and obstructions and also accurately identifies defects that require corrective actions. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we LAYNE INLINER, LLC as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed of: EIGHT HUNDRED FORTY THOUSAND Dollars ($840,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION B SANITARY SEWER CLEANING AND TELEVISION INSPECTION PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. LAYNE INLINER, LLC By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV_For_Legistar.docx Page 3 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and LAYNE INLINER, LLC, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION B SANITARY SEWER CLEANING AND TELEVISION INSPECTION PROJECT #14-0025-UT in the amount, not to exceed, of $840,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time s tipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum i s 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. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public r ecords disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) LAYNE INLINER, LLC By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section B 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: LAYNE INLINER, LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of LAYNE INLINER, LLC 2531 Jewett Lane Sanford, FL 32771 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Concrete Conservation, Inc. 4527 Sunbeam Rd. Jacksonville, FL 32257 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D1 SANITARY MANHOLE REHABILITATION USING EPOXY-LIKE LINING SYSTEM PROJECT #14-0025-UT (SECTION D1) PROJECT DESCRIPTION: to perform manhole lining in the Manhole Epoxy Lining System Section using Spectrashield Liner Systems, and is responsible for all work, materials and equipment required for completion; repairing structural defects and applying coatings to reduce inflow and infiltration. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we CONCRETE CONSERVATION, INC. as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed of: ONE HUNDRED THIRTY THOUSAND Dollars ($130,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D1 SANITARY MANHOLE REHABILITATION USING EPOXY-LIKE LINING SYSTEM PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the sai d Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. CONCRETE CONSERVATION, INC. By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV_For_Legistar.docx Page 3 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and CONCRETE CONSERVATION, INC., of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D1 SANITARY MANHOLE REHABILITATION USING EPOXY-LIKE LINING SYSTEM PROJECT #14-0025-UT in the amount, not to exceed, of $130,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) CONCRETE CONSERVATION, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section D1 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: CONCRETE CONSERVATION, INC. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of Concrete Conservation, Inc. 4527 Sunbeam Rd. Jacksonville, FL 32257 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Rowland, Inc. 6855 102nd Ave. N. Pinellas Park, FL 33782 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION C SANITARY SEWER AND FORCE MAIN EMERGENCY REPAIR PROJECT #14-0025-UT (SECTION C) PROJECT DESCRIPTION: any repairs in the City’s waste collection system and at the Water Reclamation Facilities that are deemed an emergency or critical and not identified in other contracts. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we ROWLAND, INC. as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed of: ONE MILLION Dollars ($1,000,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION C SANITARY SEWER AND FORCE MAIN EMERGENCY REPAIR PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. ROWLAND, INC. By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ 9/12/2014 SectionV_For_Legistar.docx Page 3 of 25 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and ROWLAND, INC., of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION C SANITARY SEWER AND FORCE MAIN EMERGENCY REPAIR PROJECT #14-0025-UT in the amount, not to exceed, of $1,000,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) ROWLAND, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section C 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: ROWLAND, INC. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of Rowland, Inc. 6855 102nd Ave. N. Pinellas Park, FL 33782 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER VacVision Environmental LLC 10200 US Highway 92 East Tampa, FL 33610 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D2 CEMENTITIOUS MANHOLE LINING SYSTEM PROJECT #14-0025-UT (SECTION D2) PROJECT DESCRIPTION: manhole lining in the Manhole Cementitious Lining System, and is responsible for all work, materials and equipment required for completion; repairing structural defects and applying coatings to reduce inflow and infiltration. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we VACVISION ENVIRONMENTAL LLC as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed of: ONE HUNDRED THOUSAND Dollars ($100,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D2 CEMENTITIOUS MANHOLE LINING SYSTEM PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the sai d Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. VACVISION ENVIRONMENTAL LLC By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV_For_Legistar.docx Page 3 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and VACVISION ENVIRONMENTAL LLC, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION D2 CEMENTITIOUS MANHOLE LINING SYSTEM PROJECT #14-0025-UT in the amount, not to exceed, of $100,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public r ecords disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) VACVISION ENVIRONMENTAL LLC By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section D2 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: VACVISION ENVIRONMENTAL LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of VacVision Environmental LLC 10200 US Highway 92 East Tampa, FL 33610 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): SectionV_For_Legistar.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 25 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER National Power Rodding Corp. 2500 W. Arthington St. Chicago, IL 60612 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION E1 CLEANOUTS AND LATERAL INSTALLATION PROJECT #14-0025-UT (SECTION E1) PROJECT DESCRIPTION: to perform installation of cleanouts to sanitary laterals and/or replacement of existing laterals to better maintain the City sewer system and minimize costly replacement of laterals due to failure. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. SectionV_For_Legistar.docx Page 1 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF ILLINOIS COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we NATIONAL POWER RODDING CORP. as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed: FOUR HUNDRED THOUSAND Dollars ($400,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION E1 CLEANOUTS AND LATERAL INSTALLATION PROJECT #14-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the sai d Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV_For_Legistar.docx Page 2 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. NATIONAL POWER RODDING CORP. By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV_For_Legistar.docx Page 3 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and NATIONAL POWER RODDING CORP., an Illinois Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of Illinois, 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: 2013-14 SANITARY SEWER AND MANHOLE REHABILITATION – SECTION E1 CLEANOUTS AND LATERAL INSTALLATION PROJECT #14-0025-UT in the amount, not to exceed, of $400,000.00 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. SectionV_For_Legistar.docx Page 4 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV_For_Legistar.docx Page 5 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV_For_Legistar.docx Page 6 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) NATIONAL POWER RODDING CORP. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). SectionV_For_Legistar.docx Page 7 of 25 9/12/2014 2013-14 Sanitary Sewer and Manhole Rehabilitation Project, #14-0025-UT CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: 2013-14 Sanitary Sewer & Engineering Dept. Manhole Rehabilitation – Section E1 100 S. Myrtle Ave. PROJECT NO.: 14-0025-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: NATIONAL POWER RODDING CORP. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of National Power Rodding Corp. 2500 W. Arthington St. Chicago, IL 60612 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-906 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.7 SUBJECT/RECOMMENDATION: Approve the Business Lease Contract between the City of Clearwater and Nosoco, Inc. for the lease of city-owned property, known as the Harborview Center, located at 320 Cleveland Street, and authorize the appropriate officials to execute same. (consent) SUMMARY: Nosoco, Inc. is affiliated with the owner of property located at 430 Gulfview Boulevard on Clearwater Beach, where a new hotel is currently under construction. Nosoco, Inc. has requested to use a portion of the ground floor of the Harborview Center during construction of the hotel. They plan to use the space to create simulated resort guestrooms. The simulated rooms will be constructed for review of aesthetics and layout, prior to construction of the permanent rooms within the new hotel. No functioning mechanical or plumbing systems will be installed, but fixtures and equipment will be put in place for layout and appearance purposes only. Notable terms and conditions of the lease are listed below: ·The lease term is one year with an option to extend the lease, upon mutual agreement, for an additional period of three months. ·The lease area contains approximately 11,497 square feet, located entirely within the ground floor of the Harborview building. ·Lessee will pay market-based rent of $3,831/month. ·Lessee is occupying the property on an “as is” basis. The City has no obligation to maintain, improve or remodel the leased premises. ·Lessee will be required to restore the leased premises to the condition that existed prior to the commencement of the lease. ·Insurance requirements were established by the City’s Risk Manager. ·The City reserves the right to use the parking lot exclusively for major public events scheduled during the lease term. ·The City may terminate the lease upon 60 days notice if the City Council determines that the leased premises are needed for other municipal purposes. Page 1 City of Clearwater Printed on 2/2/2015 BUSINESS LEASE CONTRACT THIS BUSINESS LEASE CONTRACT, entered into this ___ day of _______________, 2015, (“Effective Date”) between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, Florida 33756, as Lessor, and NOSOCO, INC, a corporation authorized to conduct business in the State of Florida, whose current mailing address is 1000 Market Street, Building 1, Portsmouth, New Hampshire 03801, as Lessee (each individually referred to herein as “Party” or collectively as the “Parties”). W I T N E S S E T H: WHEREAS, Lessor is the owner of property containing improvements known as the “Harborview Center” located at 320 Cleveland Street, Clearwater, Florida; and WHEREAS, Lessee desires to occupy a portion of the ground floor of the Harborview Center for construction of temporary mock-up rooms and storage of related materials in support of an ongoing hotel construction project on Clearwater Beach. NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: That Lessor does lease and Lessee agrees to lease the following premises, a portion of what is commonly known as the “Harborview Center” addressed at 320 Cleveland Street, Clearwater, Florida, all being more specifically described as follows: A portion of the first (or “bottom”) floor of the Harborview Center, depicted in Exhibit “A” attached hereto and by this reference, made a part hereof, containing 11,493 square feet, more or less, of interior floor area, which is a portion of: EDWARD MILL’S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON’S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON’S & BASKIN’S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W, 189.48 feet; thenceN03°West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing N03°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised Premises" or the "Leased Property." 1. LEASE TERM This Lease shall commence on February 1, 2015 and shall continue until midnight on the 31st day of January, 2016 (herein called the “Initial Term”). Upon mutual agreement of the Parties, this Lease may be extended for one (1) successive period of three (3) months (“Extended Term”). No such renewal or extension shall be deemed a waiver by Lessor of any uncured breach or uncured default which may then exist. The extended term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall request the option for an Extended Term by notifying the Lessor in writing at least thirty (30) calendar days prior to the expiration of the then current term. Upon Lessor’s approval of such request, this Lease shall be deemed to be extended without the execution of any further lease or other instrument. 2. RENT Lessee agrees to pay and the Lessor agrees to accept as rent during the initial term of this Lease and for any Extended Term the annual sum of Forty-Five Thousand Nine Hundred Seventy- Two and 00/100 Dollars ($45,972.00) annually, payable in equal monthly installments of Three Thousand Eight Hundred Thirty-One and 00/100 Dollars ($3,831.00) per month, the first such installment being payable upon the execution of this Lease, and the balance of such installments being payable in advance at the beginning of each successive monthly rental period thereafter. In addition, Lessee shall pay sales tax on all Lease payments. Lessee covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception, fully comply with all the provisions hereof, and the obligations imposed herein. Lessee’s failure to timely comply with any or all of the provisions hereof shall be deemed a material default and subject to provisions of Paragraph 19 (DEFAULT; REMEDIES; TERMINATION BY LESSOR). Lessee acknowledges that in addition to those costs specifically set out herein, Lessee shall be responsible for any and all direct costs resulting from, or incident to, its occupation hereunder. In no event shall Lessor be responsible for any costs directly resulting from Lessee’s occupation and use as provided for herein. 3. SECURITY DEPOSIT Lessee shall deposit with Lessor, upon the signing of this Lease, the sum of Five Thousand and 00/100 Dollars ($5,000.00) as security for the performance of Lessee’s obligations under this Lease, including without limitation the surrender of the possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand, deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this Lease. 4. USE OF PREMISES The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: the Leased Property shall be used for construction of temporary mock-up rooms and storage of interior construction, furniture, equipment, fixtures and similar type materials in support of an ongoing hotel construction project on Clearwater Beach. [GM14-9216-041/160073/1] 2 5. UTILITIES Unless otherwise provided for herein, water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. Lessee acknowledges that if separate meters are not installed, then utility services used within the Leased Premises will be charged to Clearwater Marine Aquarium (CMA), as utility customer and tenant of a separate portion of Harborview Center, to whom all utilities within the building are metered at the inception of this Lease. In lieu of installing separate meters, Lessee may submit a check to Lessor prior to the Effective Date of the Lease, in the amount of One Thousand and 00/100 Dollars ($1,000.00) (“Nosoco Utility Payment”), payable directly to CMA for Lessee’s share of utility costs. Lessor shall forward the check to CMA immediately. If the cost of Lessee’s utility use exceeds the One Thousand Dollars paid to CMA, then Lessor may, at Lessor’s sole discretion utilize all or a portion of the Security Deposit paid by Lessee, to reimburse CMA for Lessee’s remaining unpaid utility expenses. Terms of this paragraph are agreeable to the CMA as evidenced by CMA’s consent hereto (see attached signature page). Failure by Lessee to submit the Nosoco Utility Payment prior to the inception of this Lease shall render the Lease null and void. In addition, the Lessee acknowledges that the air conditioning system in the Leased Premises is not functional. The Lessee accepts these existing conditions and Lessor shall have no obligation to repair or replace the air conditioning system or make any improvements whatsoever thereto. 6. MAINTENANCE AND TAXES Lessee shall, at its own expense, maintain the Leased Premises in good repair and in good and safe condition all improvements on, about and within the Leased Premises in an equivalent condition as they existed at the time of the execution of this agreement, including, but without limiting the generality of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their respective hardware, all plumbing and electrical fixtures, regardless of how the necessity or desirability of repairs may occur, and whether or not required by wear and tear, obsolescence, accidents or otherwise. Except as may be otherwise provided for in this Lease, Lessor has no obligations to make repairs on, about or within the Leased Premises, or to paint, decorate or redecorate same. However, in the event that any structural components, such as exterior walls, are damaged or fail through no fault of Lessee or cause the Leased Premises to become unusable, and, Landlord will not voluntarily repair such elements, then Lessee may terminate the Lease and, upon such termination neither party shall have any further or other obligation to the other beyond obligations, if any, owed or incurred through the date Lessee vacates the Leased Premises. Lessee shall be responsible for all real and personal property taxes as may be assessed against the Leased Premises during the lease term, and shall promptly pay same when due. 7. OBSERVANCE OF LAWS AND ORDINANCES Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Leased Premises. [GM14-9216-041/160073/1] 3 8. ASSIGNMENT OR SUBLEASE Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this Lease, in whole or in part, or sublet the premises or any part thereof. Lessor may refuse such consent to sublet in its sole discretion. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this Lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this Lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 9. ALTERATIONS AND IMPROVEMENTS Lessee may construct partitions and doorways within the Leased Premises for the purposes of enhancing security to the Leased Premises and for conducting activities authorized herein. Lessee may also put in place temporary walls or partitions and doors representing or simulating hotel rooms. Further, Lessee may construct a ramp at the entrance to the Leased Premises for the purpose of moving heavy materials into the building. Lessee is solely responsible for all costs and for obtaining permits and approvals that may be necessary for said improvements. Other than as expressly provided for herein, the Lessee shall not make any structural alterations or modifications or improvements which are part of the Leased Property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this Lease or, at Lessor's option, the Lessee shall restore the Leased Property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the Leased Property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the Leased Property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics’ or materialmen's liens to be placed upon the Leased Property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. [GM14-9216-041/160073/1] 4 10. RISK OF LOSS All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. Lessee acknowledges that Lessor will not insure Lesee’s personal property. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the Leased Premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 11. RIGHT OF ENTRY The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its maintenance responsibilities as heretofore provided, all costs and charges shall be deemed additional rent for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 12. RESTORING PREMISES TO ORIGINAL CONDITION Lessee acknowledges and represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee’s occupancy of the Leased Premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee fail for any reason to remedy or repair such damage immediately upon demand. 13. INSURANCE The Lessee shall, at its own cost and expense, acquire and maintain (and cause any representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Lessee’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Lessee must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual [GM14-9216-041/160073/1] 5 liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, and volunteers, if any. d. If the Lessee is using its own property or maintaining its own property on the premises, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Lease, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Lease remains in effect, the Lessee will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance policy. In addition when requested in writing from the City, Lessee will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Engineering Dept. P.O. Box 4748 Clearwater, FL 33758-4748 b. Lessee shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. d. Lessee reserves the right to appoint legal counsel to provide for the Lessee’s defense, for any and all claims that may arise related to Lease, work performed under this Lease or on premises, or to Lessee’s design, equipment, or service. Lessee agrees that the City shall not be liable to reimburse Lessee for any legal fees, costs, or expenses as a result of Lessee providing its defense as contemplated herein. [GM14-9216-041/160073/1] 6 The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee’s obligation to provide the insurance coverage specified. 14. Radon Gas Notification, as required by Florida Statute 404.056(5) is to be inserted in all contracts for sale, purchase or rental of real property. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 15. DESTRUCTION OF PREMISES In the event that the building should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, the Lessor shall have no obligation whatsoever to repair or rebuild the Premises. Lessee may either terminate the Lease or undertake to rebuild or repair at Lessee’s expense, in Lessee’s sole discretion. Lessee may terminate the Lease from the date of occurrence of such event through the remainder of the term. If Lessee elects to continue in occupancy and pursue repair and rebuild of the Premises, Lessee shall restore the Premises to a condition as near as practicable to the condition prior to the event. 16. RESERVATION BY LESSOR Throughout the term hereof Lessor reserves unto itself during and throughout certain scheduled public events, including but not limited to those set forth below, within Coachman Park and its environs, the exclusive right and privilege of full and unimpeded use of all parking within the Leased Premises together with ingress and egress thereto. • Sea Blues Festival – February 21 through 22, 2015 • Wild Splash – 1st or 2nd Saturday in March 2015 (TBD) • Iron Girl – April 10 through 12, 2015 • Fun n Sun Concert – April 25 – 26, 2015 • Centennial Celebration – dates TBD – portions of May, 2015 • Clearwater Celebrates America – July 4, 2015 • Superboat National Championship – dates TBD – late September, 2015 • Achieva Box Car Rally – October 3, 2015 • Hispanic Heritage Festival – October 11, 2015 • Clearwater Jazz Holiday – October 15 through 18, 2015 • Christmas Under The Oaks – November 8, 2015 • Color Run – TBD – December, 2015 Otherwise, Lessee shall have non-exclusive use of the public parking lot to the West of the Leased Premises, without charge, on a first-come, first-served basis. [GM14-9216-041/160073/1] 7 17. EMINENT DOMAIN If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the Leased Premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The Parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 18. SUBORDINATION This Lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 19. DEFAULT; REMEDIES; TERMINATION BY LESSOR (a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this Lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this Lease terminated, and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. However, if the default of a covenant is non-monetary and the Lessee has commenced an effort to cure the default, within the fifteen (15) day cure period, then the cure period shall be extended until a cure is made or Lessee discontinues an effort at curing the default. (b) In case the Leased Premises shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this Lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the Leased Property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this Lease and the rent actually received by Lessor from the Leased Property for the balance of said term. [GM14-9216-041/160073/1] 8 (c) Lessor, at its option, may terminate this Lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this Lease. (d) Lessor, at its option, may terminate this Lease in the event the City Council determines at a duly constituted City Council meeting that the Leased Premises are needed for other municipal purposes and serves Lessee with sixty (60) days notice of such intended use (e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law. 20. TERMINATION BY LESSEE Lessee may terminate this Lease anytime during the Initial Term or Extended Term of this Lease upon thirty (30) days written notice to Lessor. 21. MISCELLANEOUS (a) Lessor shall have the unrestricted right of assigning this Lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder, provided that the Landlord’s successor assumes all Landlord’s obligations under this agreement. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except inside the building, which signs shall be subject to the prior approval of Lessor. [GM14-9216-041/160073/1] 9 (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. 22. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the Lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 23. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the Leased Property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the Leased Property by Lessee; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the Leased Property. This provision shall survive expiration or termination of this Lease. Such indemnification shall include reasonable attorney’s fees for all proceedings, trials and appeals and shall survive termination of this Lease. 24. “AS IS” CONDITION. Lessee accepts the Leased Premises on an “as is” basis and Lessor shall have no obligation to improve or remodel the Leased Premises. 25. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. [GM14-9216-041/160073/1] 10 26. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the Leased Premises at its expense. 27. SEVERANCE. The invalidity or unenforceability of any portion of this Lease shall in nowise affect the remaining provisions and portions hereof. 28. CAPTIONS. The paragraph captions used throughout this Lease are for the purpose of reference only and are not to be considered in the construction of this Lease or in the interpretation of the rights or obligations of the parties hereto. 29. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this Lease. This provision shall survive the termination of this Agreement. 30. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 31. ATTORNEY’S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 32. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. The Remainder Of This Page Intentionally Left Blank [GM14-9216-041/160073/1] 11 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: NOSOCO, INC. Attest: ______________________________ By: __________________________________ ______________________________ __________________________________ Print Name Print Name/Title AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: _________________________________ By: ___________________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: _________________________________ ___________________________________ Laura Lipowski Mahony Rosemarie Call, City Clerk Assistant City Attorney [GM14-9216-041/160073/1] 12 Clearwater Marine Aquarium, Inc., a Florida non-profit corporation whose principal address is 249 Windward Passage, Clearwater, Florida, as occupant of the adjoining area of the Leased Premises, which are singularly metered for purposes of utilities, hereby consents to terms and conditions set forth in Paragraph 5 (UTILITIES) hereof. CLEARWATER MARINE AQUARIUM, INC. Attest: ______________________________ By: __________________________________ ______________________________ __________________________________ Print Name Print Name/Title [GM14-9216-041/160073/1] 13 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM Reviewed By: CHL Map Gen By:S-T-R:Grid #:Date:Scale: Legend Leased Premises 12114 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-905 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.8 SUBJECT/RECOMMENDATION: Accept a Water Main Easement conveyed by Grow Financial Credit Union over property located at 2768 Gulf to Bay Boulevard, Clearwater. (consent) SUMMARY: Improvements were recently constructed on property located at 2768 Gulf to Bay Boulevard as the latter part of a two-phase development project. The project was approved by the Development Review Committee on November 3, 2005, under Case No. FLD2005-09097. Staff requested the easement during the development review process. The easement will give the City the rights necessary to access and maintain an existing City water main which serves two fire hydrants and multiple utility customers. Page 1 City of Clearwater Printed on 2/2/2015 DR BYPASS CR-535 DR PARK BLV D SR-60 FAIRWOOD Brigadoon Brigadoon Dr Cir DAVID HARBOR SKY HAMPTON Elizabeth CROSS DREW AVE RD Ave W. Grand Reserve Cir. E. Grand Reserve Cir. Cambridge Cir. Dr.Ct. SR-55 US-19 OLD COACHMAN RD SERVICE RD "A" EASEMENT LOCATION ^ LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.291A 17-29s-16e01/15/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: WATER MAIN EASEMENT2768 GULF TO BAY BOULEVARD Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\WM Easement_2768GTB.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8682-14 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.9 SUBJECT/RECOMMENDATION: Approve the request from Calvary Baptist Church (a/k/a. First Baptist Church of Clearwater) to vacate two portions of public right-of-way and an Easement for Right of Way, Sidewalk and Utilities, and pass Ordinance 8682-15 on first reading. (VAC2014-04) SUMMARY: First Baptist Church of Clearwater, Inc. (Calvary) has requested the right-of-way and easement vacations. None of the areas proposed for vacation are currently maintained for public use. Calvary owns all adjoining property and plans to use the property for expansion of its existing facilities located on the southwest corner of McMullen Booth Road and Drew Street. If vacated, the City will continue to own fee title to one of the right-of-way portions. At a later date, staff will submit a recommendation to Council to declare this parcel as surplus for the purpose of selling the property in accordance with the City’s property surplus procedures. Affected private utility providers were consulted and each has provided a letter of no objection to the vacation request. The Engineering Department conducted an interdepartmental review of the vacation request. All City service and utility providers, potentially affected by the vacation, have no objection to the request. Page 1 City of Clearwater Printed on 2/2/2015 1 ORDINANCE NO. 8682-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF LAND LYING EAST OF AND ADJACENT TO THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT A CONTAINED IN OFFICIAL RECORDS BOOK 17733, PAGE 126, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND VACATING A PORTION OF THAT CERTAIN EASEMENT FOR RIGHT- OF-WAY, SIDEWALK AND UTILITIES RECORDED IN OFFICIAL RECORDS BOOK 15292, PAGE 2191 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., a/k/a. Calvary Baptist Church of Clearwater, owner of real property adjoining the portions of right-of-way described herein and depicted in Exhibit “A” and Exhibit “B” attached hereto, has requested that the City vacate said right-of-way; and WHEREAS, First Baptist Church of Clearwater, Inc., a/k/a. Calvary Baptist Church of Clearwater, owner of real property adjoining the portion of that certain Easement for Right of Way, Sidewalk and Utilities described herein and depicted in Exhibit “C” attached hereto, recorded in Book 15292 Page 2191 of the Official Records of Pinellas County, Florida, has requested that the City vacate said portion of said easement; and WHEREAS, the City Council finds that said right-of-way (Exhibit “A” and Exhibit “B”) and said portion of said easement (Exhibit “C”) are not necessary for public use, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 2 A PARCEL OF LAND LYING EAST OF AND ADJACENT TO THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT A CONTAINED IN OFFICIAL RECORDS BOOK 17733, PAGE 126, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00°37'03"W, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF 1320.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 16; THENCE S89°28'12"E, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE, ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 659.66 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT A CONTAINED IN OFFICIAL RECORDS BOOK 17733, PAGE 126, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND TO THE POINT OF BEGINNING; THENCE S89°28'12"E, ALONG SAID SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 9.42 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE S00°37'26"W, ALONG THE EAST LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 361.14 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF KENTUCKY AVENUE, ACCORDING TO SAID BAY VIEW CITY SUBN; THENCE N89°21'04"W, ALONG SAID EASTERLY EXTENSION OF THE SOUTH LINE OF KENTUCKY AVENUE, A DISTANCE OF 8.58 FEET TO THE SOUTHEAST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN EXHIBIT A CONTAINED IN OFFICIAL RECORDS BOOK 17733, PAGE 126; THENCE N00°29'25"E, ALONG THE EAST LINE OF SAID CERTAIN PROPERTY DESCRIBED IN EXHIBIT A CONTAINED IN OFFICIAL RECORDS BOOK 17733, PAGE 126, A DISTANCE OF 361.12 FEET TO THE POINT OF BEGINNING. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The following: A PARCEL OF LAND BEING THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: 3 COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00°37'03"W, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF 1320.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 16; THENCE S89°28'12"E, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE, ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 669.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE N00°37'20"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 110.00 TO THE SOUTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND TO THE POINT OF BEGINNING; THENCE CONTINUE N00°37'20"E, ALONG SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE WEST LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512; THENCE S89°28'12"E, ALONG THE NORTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE S00°37'20"W, ALONG SAID EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 20.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503; THENCE N89°28'12"W, ALONG THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. is hereby vacated as right-of-way, closed and released, and the City of Clearwater releases its right, title and interest thereto except that the underlying fee title to said land shall remain vested in the City of Clearwater, Florida. Section 3. The following: A PORTION OF THAT CERTAIN EASEMENT FOR RIGHT OF WAY, SIDEWALK AND UTILITIES RECORDED IN OFFICIAL RECORDS BOOK 15292, PAGE 2191 OF THE 4 PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ENCOMPASSING A PORTION OF LAND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND RUN S.00°36'37”W., ALONG THE WEST BOUNDARY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, 1320.99 FEET; THENCE, LEAVING SAID WEST BOUNDARY LINE, S.89°28'34”E., ALONG THE NORTH RIGHT-OF-WAY OF VIRGINIA STREET, AND ITS WESTERLY EXTENSION, 363.04 FEET; THENCE, LEAVING SAID NORTH RIGHT-OF-WAY LINE, N.00°36'37”E., 90.07 FEET FOR A POINT OF BEGINNING; THENCE, CONTINUE, N.00°36'37”E., 15.00 FEET; THENCE S.89°28'34”E., 155.97 FEET; THENCE S.00°37'06”W., 15.00 FEET; THENCE N.89°28'34”W., 155.97 FEET TO THE POINT OF BEGINNING. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 4. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-890 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve two Blanket Purchase Orders to Evoqua Water Technologies, of Pittsburgh, PA, in the amount of $95,000.00 for Odophos and $67,000.00 for PRI-SC, for a total of $162,000.00 for a one-year period, and authorize the appropriate officials to execute same. (consent) SUMMARY: Odophos and PRI-SC (hydrogen peroxide) are utilized at the Northeast Water Reclamation Facility (WRF) for odor control as part of a Performance Based Contract with Siemens Corporation. These two chemicals are the basis of the measurement and verification assessment of the success of the Siemens contract; therefore, these chemicals must be utilized for the City to meet the requirements of the Performance Based Contract. Small quantities of Odophos are also utilized at the Marshall Street WRF for odor control purposes; however, Marshall Street WRF is not included in the Performance Based Contract. The utilization of Odophos and PRI-SC together, to cost effectively remove odors from wastewater, is a patented process known as the PRI-SC Process. PRI-SC®, a proprietary technology, was developed by USPeroxide and is patented under U.S. Patent 6,773,604 B2. Evoqua, in partnership with USPeroxide, is the sole provider of this technology and the sole source manufacturer of Odophos and PRI-SC. The PRI-SC Process has provided high-level odor control at our facilities for years. APPROPRIATION CODE AND AMOUNT: Sufficient budget is available in the Water & Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $107,408.22 of the current FY14/15 cost of this contract and is planned in the budget request to be brought forward for FY15/16 in the amount of $54,591.78. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-861 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $114,292.00 to Vermeer Southeast of Clearwater, FL for the purchase of one 2014/15 Vermeer D913x13 S3 Navigator Horizontal Directional Drill, in accordance with the National Joint Powers Alliance Contract 070313-VRM (Category: Public Utility and Airport Equipment), 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Vermeer Directional Drill will be purchased through the National Joint Powers Alliance Contract 070313-VRM quote dated December 11, 2014 and will replace the following assigned to Public Utilities Water Distribution: G2324 2000 Vermeer Directional Bore This equipment was included in the Fiscal Year 2014/2015 Garage CIP Replacement Fund. APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519-000 $114,292.00 Page 1 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-879 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $143,630.50 to Alan Jay for one 2015 Ford F250 and two 2015 Ford F450’s for Gas Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Contract 14-22-0904, 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City ’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) SUMMARY: The three Ford Trucks will be purchased through the Florida Sheriff’s Contract 14-22-0904 quotes dated January 9, 2015 and will replace the following, which are all assigned to the Gas Department: G2639 2003 CHEVROLET SILVERADO 2500 HD PICK UP TRUCK with 127,203 miles G2968 2005 FORD F450 UTILITY BODY PICKUP TRUCK with 85,225 miles G3428 2008 FORD F250 SD UTILITY BODY PICKUP TRUCK with 99,281 miles These vehicles were included in the Fiscal Year 2014/2015 Garage CIP Replacement Fund. APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519 $143,630.50 Page 1 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-907 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City’s option (Invitation to Bid 08-15) with Iron Container LLC of Miami and Lake Alfred, FL in the annual amount of $100,000 for the purchase of front load containers as provided in the City’s Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Solid Waste Department collects waste from commercial customers in front load containers. Although the Department performs repairs on the front load containers, sometimes replacement is necessary. This contract is for the purchase of front load container replacements. During December 2014, the Purchasing Department advertised an Invitation to Bid 08-15 for front load containers. Iron Container LLC was the lowest qualified bidder. Staff is requesting that a blanket purchase order be awarded to Iron Container LLC for the purchase of the front load containers APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in capital project 315-96444, Commercial Container Acquisition. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/2/2015 Bid #08-15 Front Load Containers Open:Thurs., 12/18/14, 10:00 AM Item No.Est. Qty EA unit price line ST unit price line ST unit price line ST 1 28 493.00$ 13,804.00$ 360.00$ 10,080.00$ 366.00$ 10,248.00$ 2 11 613.00$ 6,743.00$ 451.00$ 4,961.00$ 420.00$ 4,620.00$ 3 4 613.00$ 2,452.00$ No Bid No Bid 420.00$ 1,680.00$ 4 35 669.00$ 23,415.00$ 500.00$ 17,500.00$ 501.00$ 17,535.00$ 5 4 664.00$ 2,656.00$ No Bid No Bid 501.00$ 2,004.00$ 6 6 760.00$ 4,560.00$ 535.00$ 3,210.00$ 528.00$ 3,168.00$ 7 17 776.00$ 13,192.00$ 625.00$ 10,625.00$ 634.00$ 10,778.00$ 8 7 793.00$ 5,551.00$ 699.00$ 4,893.00$ 665.00$ 4,655.00$ 9 22 848.00$ 18,656.00$ 733.00$ 16,126.00$ 749.00$ 16,478.00$ 10 6 861.00$ 5,166.00$ 810.00$ 4,860.00$ 777.00$ 4,662.00$ TOTAL:96,195.00$ TOTAL:72,255.00$ TOTAL:75,828.00$ Bakers Waste Equipment Wastequip Iron Container LLC Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-963 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Provide direction to the Charter Review Committee. (WSO) SUMMARY: At the January 21, 2015 meeting, Council appointed thirteen individuals to the Committee and deferred providing direction until the next work session. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/2/2015 PART I - CHARTER AND RELATED LAWS Subpart A - CHARTER FOOTNOTE(S): --- (1) --- Editor's note— Printed herein is the home rule charter of the city, Ordinance No. 7235-04, as approved by the electors on March 9, 2004. Formerly, said Charter derived from Ordinance No. 1830, as approved by the electors on December 12, 1978. State Law reference— Municipal home rule powers act, F.S. ch. 166; charter amendments, F.S. § 166.031. (Back) ARTICLE I. - CORPORATE EXISTENCE, POWERS, AND BOUNDARIES Section 1.01. - Corporate existence and powers. (a) General Powers. The City of Clearwater, Florida, (the "city"), created by Chapter 9710, Special Laws of Florida, 1923, as amended, exists as a municipal corporation with all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services. The city may exercise any power for municipal purposes except when expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested with all powers granted by general or special acts of the Legislature of the State of Florida or as otherwise provided by law. (b) Exercise of Powers. The city may exercise its powers and perform and finance any of its functions, by contract or otherwise, jointly or with any one or more states or political subdivisions or agencies thereof, or the United States or any agency thereof, or with any person as defined by law. (c) Construction. The powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants. The specific mention of a particular power in this charter shall not be construed as limiting the general power stated in this Section of Article I. (6372-99, § 1, 1-21-99/3-9-99) Section 1.02. - Corporate boundaries. The corporate boundaries of the city shall be as they exist on the date this charter takes effect, provided that the city may change its boundaries in the manner prescribed by law. ARTICLE II. - LEGISLATIVE POWER Section 2.01. - Council; composition; powers. (a) Composition. There shall be a city council, (the "council"), composed of five council members, including the mayor. The members will occupy seats numbered one through five, inclusive. All members shall be elected at large by the voters of the city. (b) Powers. All legislative power of the city shall be vested in the council, except as otherwise provided by law or the provisions of this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the city by law. Page 1 (c) Duties. It shall be the duty of the council to discharge the obligations and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall: 1. Each October at a public meeting, present a report on the evaluation of the performance of the city manager and city attorney. 2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management ordinance shall include provisions relating to the operating budget, capital budget and capital program, and provide for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption. 3. Provide for an annual or more frequent independent audit of all city accounts by a firm of certified public accountants, and provide for publication of a notice of availability of each audit. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law. 4. Regulate comprehensive planning, zoning and land development as provided by law. (d) Limitations. The legislative power provided herein shall have the following limitations: (1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. (2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and services. (3) Any non-budgeted expenditure in excess of $5 million must be approved by the council at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the second meeting. (4) With the exception of maintenance or emergency dredging, or dredging relating to those portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council and approval at referendum. (5) Real property. (i) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any municipal real property, the real property must be declared surplus and no longer needed for municipal public use by the council at an advertised public hearing. Except in the case of right-of-way dedications, the granting of easements, transactions with governmental entities as described herein, or conveyance for Workforce or Affordable Housing no real property may be given away or donated without prior approval at referendum. Following a public hearing, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing. Workforce or Affordable Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) for Pinellas County or metropolitan area. (ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council and whose proposed use of the property is in accordance with the council's stated purpose for declaring the property surplus, if any. Page 2 (iii) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council of a valid public purpose for the transfer. (iv) Surplus real property may be exchanged for other real property having a comparable appraised value. (v) No municipally owned real property which was identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989, or at any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council determines it appropriate to dedicate right-of-way from, or easement over, such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. (vi) No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement for utility purposes from being exchanged for a new easement for similar purposes or from converting a fee interest for utility purposes into an easement for such purposes. (vii) The council may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may be leased for a term up to 30 years, provided, however, nothing herein shall preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an initial period of time or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 60 years total. Leases of real property in an industrial park shall provide for continual use for private/public business purposes, shall provide a reasonable rate of return on the city's investment, and shall include a rent escalation clause. (viii) All leases of municipal real property shall contain recapture and reverter clauses. (ix) When purchasing real property for less than $500,000.00, the council shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00 but is less than $1,000,000.00, the council shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $1,000,000.00, the council shall obtain at least two appraisals by independent certified appraisers. (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A. and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way, lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing. City-owned tennis courts and associated appurtenances may be constructed and maintained on such property south of Cleveland Street. Notwithstanding any provision of this section to the contrary, city owned public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non- commercial vessels, together with public restrooms and dock master offices which shall not exceed 1,200 square feet and associated surface parking, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abutting uplands generally located Page 3 south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B. Potable water, shore power and sewage pump out may be provided to the slips, docks and moorings. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parking for the facility shall be existing surface parking which shall be brought up to code and shall not result in any net loss of green space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passengers only. The promenade shall be constructed on a portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that provide city residents first priority for the dedicated boat slips and which insure public access to the docks, boardwalks and promenade. No boat launching ramps, fueling facilities, ticket booths or parking garage shall be permitted. (7) No city owned real property in the area bounded on the north by Drew Street, on the east by Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council at a duly advertised public hearing that such transfer or use is necessary and in the interest of the public health, safety and welfare of the citizens of the city and the approval of such finding at referendum; except for that structure known as Harborview Center, as described in Appendix B. Which structure may be leased for and used in furtherance of any municipal purpose consistent with the charter and ordinances of the city. Additionally, the council at a duly advertised public hearing, may grant easements for underground utilities. (8) Notwithstanding and as an exception to anything contained in section 2.01(d)(5), (6) and (7) herein, and the City Council is authorized to: (a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St., as more specifically described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein. (b) Negotiate and enter into a lease allowing the construction, operation and maintenance of an Aquarium which shall not exceed 250,000 square feet and may include the following components: Exhibit space including exhibit space for traveling exhibits: Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory: Classrooms and Community rooms: Food and catering facilities: Theaters; Laundry facilities: Retail/Gift shop: Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage rooms, dry and liquid: Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage: Saltwater pumping station: Driveways, Delivery and loading and unloading zone. Pick-up/drop-off zone: and drainage facilities: and such other functions as a typically associated with an aquarium of similar size. (c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. (e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease pursuant hereto on or before June 15th, 2015 the exemptions contained in this § 2.01(d)(8) shall expire and have no further force and effect. Page 4 (Ord. No. 6373-99, §§ 1, 2, 1-21-99/3-9-99; Ord. No. 7237-03, § 1, 12-18-03/3-9-04; Ord. No. 7777- 07, § 1, 1-18-07/3-13-07; Ord. No. 7901-07, §§ 1, 2, 11-15-07/1-29-08; Ord. No. 8298-11, § 1, 12-1- 11/1-31-12; Ord. No. 8418-13, § 2, 6-19-13/11-5-13) Section 2.02. - Qualifications. Members of the council shall be qualified voters of the city and shall have continuously resided in the city for at least one year prior to submitting a petition for election. The council shall be the judge of the election and the other qualifications of its members and of the grounds for forfeiture of their office. Section 2.03. - Election and terms. Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years. Terms shall overlap, with two council members and the mayor elected one year, and the additional two council members elected two years later. No person who has, or but for resignation or forfeiture of office would have, served as a council member for two consecutive full terms shall serve as a council member other than mayor for the succeeding four-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor for two consecutive full terms, shall serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994. Newly elected council members shall take office the next business day following certification of city election returns. (Ord. No. 63-74-99, § 1, 1-21-99/3-9-99; Ord. No. 7902-07, § 1, 11-15-07/1-29-08) Section 2.04. - Compensation and expenses. The council may determine the annual salary of council members and the mayor by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election, occurring at least six months following the adoption of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. - Mayor, functions, and powers. The mayor shall preside at all meetings of the council, perform such other duties consistent with the office as may be imposed by the council and this charter, and shall have a voice and a vote in the proceedings of the council, but no veto power. The mayor may execute legal instruments on behalf of the city or otherwise as required by law. This authorization does not confer upon the mayor administrative duties except as required to carry out the responsibilities stated in this charter. The mayor shall be recognized as the official head of the city by the courts for the service of process, by the governor for purposes of military law, and for all ceremonial purposes. At the first council meeting each April, the council shall elect one of its members as vice-mayor. The vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the office of the mayor. Section 2.06. - Prohibitions. (a) Appointments and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officer or employee whom the city manager, or any of the city manager's subordinates, is empowered to appoint. (b) Dealing through city manager. Except during an investigation, the council members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager. Neither the council nor its members shall give orders to any such Page 5 officer or employee, either publicly or privately. Recommendations for improvement in city operations by individual council members shall be made to and through the city manager. Nothing in the foregoing paragraph prohibits individual members of the council from asking questions and observing city operations so as to obtain independent information to assist them in the formulation of policy. (c) Holding other office. No present or former council member shall hold any compensated appointive city office or employment until one year after the expiration of the term for which such council member was elected. Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies. The office of a council member shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by the remaining members of the council. (b) Forfeiture of office. A council member shall forfeit such office if such member: 1. Lacks at any time during the term of such office any qualification for the office prescribed by law, or 2. Is convicted of a felony or a crime involving moral turpitude, or 3. Fails to attend six consecutive regular meetings of the council, unless such absence is excused by the council, or 4. Fails to attend twenty-five percent of the regular meetings during a 12-month period whether excused or not. (c) Filling of vacancies; vacancy in council member's seat. 1. A vacancy on the council should be filled by majority vote of the remaining council members within 30 days after the vacancy. The person so appointed shall serve as a council member until the next regular or special election. At such election, a council member shall be elected to serve for the remainder of the unexpired term of office. 2. If the council member fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term. 3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council member by law. (d) Extraordinary vacancies. In the event that all council members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an interim council that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of council members necessary to constitute a quorum who shall hold office until the next regular or special election. (e) Boards. The council is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. (Ord. No. 6375-99, § 1, 1-21-99/3-9-99 Section 2.08. - Procedure. (a) Meetings. The council shall meet regularly at least once each month at such times and places as the council may prescribe by rule. Special meetings may be held on call of the mayor, the city manager, or any two council members and, when practical, upon no less than 24 hours' notice to each member and the public. All meetings shall be public, except as otherwise provided by law. The city manager and any council member shall have the power to cause any item to be placed on the next agenda. Page 6 (b) Rules and minutes. The council shall determine its own rules and order of business. The city clerk shall keep minutes of the council proceedings. (c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Except as provided in section 2.07(c), section 3.02 and in the preceding sentence, no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members. Section 2.09. - Ordinances and resolutions in general. (a) Definitions. 1. "Ordinance" means an official, legislative action of the council, which action is a regulation of a general and permanent nature and enforceable as a local law. 2. "Resolution" means an expression of the council concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the business of the council. (b) Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended action, section, subsection, or paragraph of a section or subsection. (c) Procedure. A proposed ordinance shall be read by title, or in full, on at least two separate days, at either regular or special meetings of the council, and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (d) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective ten days after adoption or as otherwise specified therein. (e) Emergency ordinances. An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of at least four council members. An emergency ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically expire at the end of such 90-day period unless during the time of such period the ordinance is submitted for adoption in the manner provided for non-emergency ordinances. Such ordinances may not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user charges for any municipal services; authorize the borrowing of money; enact or amend a land use plan; or rezone private real property. Emergency ordinances shall become effective upon passing or at such other date as shall be specified in the ordinance. Section 2.10. - Authentication, recording and disposition of charter amendments, ordinances, and resolutions. (a) Authentication. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved at referendum. (b) Recording. The city clerk shall keep properly indexed records in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall periodically be codified. The city Page 7 clerk shall also maintain the city charter in current form. A copy of the charter and any amendments thereto shall be sent to the secretary of state. (c) Availability of Public Records. The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the people of the city for public inspection and available for purchase at a reasonable price to cover the cost of reproduction. ARTICLE III. - ADMINISTRATION Section 3.01. - City manager. The city manager shall serve as the chief administrative officer and chief executive officer of the city. The city manager shall be appointed on the basis of administrative qualifications, experience, and training. The city manager need not be a resident of the city or state at the time of appointment, but shall establish and maintain residency within the city within one year after the appointment. The city manager shall be responsible to the council for all city administrative affairs. Section 3.02. - Appointment; removal; compensation. (a) Appointment. The council shall appoint a city manager by an affirmative vote of four council members. The city manager shall hold office at the pleasure of the council. (b) Removal. The council may remove the city manager by an affirmative vote of four council members or a majority of the council members at two separate meetings held at least two weeks apart. Upon request by the city manager, a public hearing will be held prior to a vote to remove the city manager. (c) Compensation. The compensation of the city manager shall be fixed by a majority of all the council members. (d) Acting city manager. By letter filed with the council, the city manager shall designate one or more assistant city managers to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this period, the council shall appoint an interim or new city manager in accordance with the provisions of this charter. Section 3.03. - Powers and duties of the city manager. The city manager shall: (a) Appoint, promote, and suspend, demote, or remove any city employees or appointive administrative officers under the city manager's jurisdiction, except as may be otherwise provided by law. Such appointment, promotion, suspension, demotion, or removal shall be in compliance with the civil service law and other applicable rules and regulations. (b) Establish or discontinue any city department, division or board in the administrative affairs of the city, subject to council approval. (c) Attend council meetings and have the right to take part in discussion, but not to vote. (d) See to the faithful execution of all laws, provisions of this charter, and acts of the council subject to enforcement by the city manager or officers subject to the city manager's supervision. (e) Prepare and submit to the council in the form provided by ordinance, the annual budget, a capital improvement budget, and a projected capital improvement program for a minimum five- year period. Page 8 (f) Submit to the council at the first regular meeting in September of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city. (g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager's supervision. (h) Keep the council fully advised as to the financial condition and future needs of the city and make recommendations to the council concerning the affairs of the city. (i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances. (j) Develop and keep current an administrative code which sets forth the organizational and operational procedures of the city government. (k) Provide administrative assistance to the council in connection with their official duties, and perform such other duties as are specified in this charter or may be required by the council. (l) Act as purchasing agent for the city. (Ord. No. 6375-99, § 2, 1-21-99/3-9-99) Section 3.04 - City clerk. The city manager shall appoint a city clerk, which appointment must be confirmed by the council prior to becoming effective. The city clerk or the designee of the city clerk shall: (a) Be custodian of all records and the official seal of the city; (b) Attest all documents requiring attestation and agreements to which the city is a party; (c) Arrange for and supervise all city elections; (d) Attend all meetings of the council and keep minutes of its proceedings; (e) Give notice of council meetings to its members and the public; (f) Perform such other duties as directed or required by law. Section 3.05. - Personnel system. Appointments and promotions of city officials and employees, except those specifically exempted by ordinance, shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence as provided by law. ARTICLE IV. - CITY ATTORNEY; LEGAL DEPARTMENT FOOTNOTE(S): --- (2) --- Code reference—Officers and employees generally, § 2.261 et seq. Section 4.01. - City attorney, legal department. There shall be a legal department, headed by the city attorney, operating under the authority of and responsible to the council. The legal department shall consist of the city attorney, assistant city attorneys and such other staff as the council may direct. Section 4.02. - City attorney appointment, removal, and compensation, qualifications and duties. Page 9 (a) Appointment. The city attorney shall be appointed by the affirmative vote of four council members and may be removed by a majority of the members of the council. Upon request by the city attorney a public hearing will be held prior to a vote to remove the city attorney. The city attorney shall be a member in good standing of The Florida Bar. (b) Duties. The city attorney shall be the legal advisor to the council, the city manager and all city departments, offices and agencies. When required by the city council, the city attorney shall prosecute or defend, on behalf of the city, all complaints, suits and controversies in which the city is a party; and shall prepare or review and approve as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney shall perform such other duties as may be directed by law or the city council. (c) Absence. By letter, filed with the council, the city attorney shall designate one or more assistant city attorneys to perform the duties of city attorney during a temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this time, the council shall appoint an interim or new city attorney in accordance with the provisions of this charter. (Ord. No. 6375-99, § 3, 1-21-99/3-9-99) Section 4.03 - Assistant city attorneys; special counsel. (a) Assistants. The city attorney shall appoint as many assistant city attorneys as authorized by the city council. (b) Special Counsel. The council may employ special counsel, outside of the legal department, who shall conduct such investigations and perform such services as the council may direct and who shall report directly to the council. Section 4.04 - Compensation. The council shall determine the compensation to be paid to the city attorney and special counsel. Compensation for the assistant city attorneys shall be established by the city attorney and approved by the council. ARTICLE VI. - INITIATIVE; REFERENDUM; RECALL Section 6.01. - Initiative. The voters of the city shall have power to propose ordinances to the council, and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such powers shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of city officers or employees. Section 6.02. - Referendum. The voters of the city shall have power to require a reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of city officers or employees. Section 6.03. - Recall. The voters of the city shall have the power to recall or remove from office any elected official or officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida. Section 6.04. - Commencement of proceedings. Page 10 Any five voters may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the council shall at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Section 6.05. - Petitions. (a) Number of signatures. Initiative or referendum petitions must be signed by voters of the city equal in number to at least ten percent of the total number of voters registered to vote in the last regular city election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of the circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating: That the circulator personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in circulator's presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Completed referendum petitions must be filed within 90 days after the effective date of the ordinance sought to be reconsidered. Section 6.06. - Procedure to filing. (a) Certificate of city clerk; amendment. Within 20 days after the initiative or referendum petition is filed, the city clerk or other official designated by the council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend with the city clerk or other official designated by the council within two working days after receiving the copy of the city clerk's certificate and files a supplementary petition within ten days after receiving the copy of such certificate. The supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.05 hereof and within five days after it is filed the city clerk or other official designated by the council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, or if a petition or amended petition is certified insufficient and the petitioner's committee does not elect to amend or request council review under subsection (b) of this section within the time required, the city clerk or other official designated by the council shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council review. If a petition has been certified insufficient and the petitioner's committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall within 30 days review and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. Page 11 Section 6.07. - Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk or other official designated by the council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a). There is a final determination of insufficiency of the petition, or (b). The petitioners' committee withdraws the petition, or (c). The council repeals the ordinance, or (d). Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and repeal of the ordinance has failed. Section 6.08. - Action on petitions. (a) Action by council. When an initiative or referendum petition has been determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than 90 days and not later than 150 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk or other official designated by the council a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 6.09. - Results of election. (a) Initiative. If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as an ordinance of the same kind adopted by the council except that it may not be repealed until after the next regular city election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results and may not be reenacted in substance until after the next regular city election. (Ord. No. 6375-99, § 4, 1-21-99/3-9-99) ARTICLE VII. - GENERAL PROVISIONS Section 7.01. - Charter amendment. Page 12 (a) Initiation by ordinance. In addition to charter amendments otherwise authorized by law, the council may, by ordinance, propose amendments to any part or all of this charter, except Article I, section 1.02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote at the next general election held within the city or at a special election called for such purpose. (b) Initiation by petition. 1. The voters of the city may propose amendments to this Charter, except Article I, section 1.02, prescribing boundaries, in the manner set forth in Article VI, section 6.05(a)—(c). 2. Upon certification of the sufficiency of the petition by the city clerk, the council shall place the proposed amendment to a vote of the voters at the next general or special election held not less than 90 days nor more than 150 days after certification. Section 7.02. - Charter review advisory committee. The council shall appoint a charter review advisory committee in January, 1994, and at least every five years thereafter provided the appointments are made in January of a year preceding a city election. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the council for revisions thereto. ARTICLE VIII. - NOMINATIONS AND ELECTIONS Section 8.01. - Qualified voters. Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County, and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city. Section 8.02. - Nonpartisan elections. All nominations and elections for council shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political advertisement under the control of the candidate. (Ord. No. 6375-99, § 5, 1-21-99/3-9-99) Section 8.03. - Form of ballots. The council shall by ordinance prescribe the form of the ballot and the method conducting all elections of the city. (a) Council ballots. Candidates for seats on the council shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek election to more than one seat in any election. (b) Charter amendment. A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice. Section 8.04. - Nominations. The names of candidates for council shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Page 13 Where only one candidate qualifies for nomination to a seat on the council, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. (Ord. No. 7235-03, § 2, 12-18-03/3-9-04) Section 8.05. - Elections. (a) Council positions. All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected. (b) Regular elections. Regular city elections shall be held on the second Tuesday in March of each year in which a council term expires. (c) Special elections. Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance. (Ord. No. 7904-07, § 1, 11-15-07/1-29-08; Ord. No. 7991-08, § 1, 8-7-08/11-4-08) Section 8.06. - Candidate vacancy. If the death, withdrawal or removal from the ballot of a candidate occurs after the end of the qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the ballot, the remaining candidate shall be declared elected. ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE The city's fiscal management procedure shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption. (Ord. No. 7904507, § 1, 11-15-07/1-29-08) ARTICLE X. - TRANSITION SCHEDULE Section 10.01. - Continuation of former charter provisions. All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Section 10.02. - Ordinances preserved. All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall remain in force until repealed or changed as provided herein. Section 10.03. - Rights of officers and employees. Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. City council members shall continue to hold their offices until their successors are elected. Section 10.04. - Pending matters. Page 14 All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter. Section 10.05. - Schedule. This charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the secretary of state. Appendix A That portion of city-owned land bounded on the north by the right-of-way of Drew Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with the following described tract: Beginning at the northeast corner of section 16, township 29 south, range 15 east, Pinellas County, Florida, and run thence west along the north line of said section, 1320.0 feet; thence south along the west line of the east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce Street; thence south 89°45'00" W along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20 feet along this projection of the southwest corner of the intersection of Pierce Street and Osceola Avenue; thence south 88°18'42" W along the south line of Pierce Street, 375 feet to the point of beginning; thence continue south 88°18'42" W, 270.89 feet along said south line of Pierce Street to the east right-of-way line of Pierce Boulevard; thence south 19°24'39" east along aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence north 88°18'46" east, 120.42 feet; thence north 0°14'32" west, 50 feet; thence north 88°18'42", 100 feet; thence north 0°14'32" west, 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the Bandshell Site. Appendix B Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, said point being said Westerly right-of-way line of Osceola Avenue; run thence S 01°26'17" E, along said Westerly right-of-way line of Osceola Avenue, 224.38 feet, to the Northerly right-of-way line of Cleveland Street; thence N 89°58'26" W, along said Northerly right-of-way line of Cleveland Street, 403.55 feet; thence N 00°00'15" W, along a line West of the existing Harborview Center Building, 217.30 feet; thence along a line Northerly of said Harborview Center Building the following two courses, S 89°58'26" E, 187.20 feet; thence N 88°07" 14" E, 210.85 feet to the POINT OF BEGINNING. Page 15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-902 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize settlement of Rosales v. City of Clearwater, Case 13-007280-CI, for payment by the City of the sum of $40,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) SUMMARY: This case arises from an incident that occurred on November 10, 2012 at the intersection of Highway US 19 and State Road 60 (Gulf to Bay Boulevard) in Clearwater, Florida. A city vehicle was being driven by a city employee traveling East on State Road 60 struck a vehicle being driven by Luis Rosales and traveling North on U .S. 19. Mr. Rosales had the right-of-way. The settlement agreement would provide that the City would pay Luis Rosales the sum of $40,000 in exchange for full release of all claims and dismissal of the case with prejudice. APPROPRIATION CODE AND AMOUNT: Not to exceed $40,000.00 Account code 0590-07000-545900-519-000-0000 Page 1 City of Clearwater Printed on 2/2/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-945 Agenda Date: 2/2/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Anthony C. Najera to recover $1,449.00 for damages to city property. (consent) SUMMARY: On July 4, 2013, a new gravity line was being added by Mr. Najera’s to his real property located at 2151 Beverly Lane, Clearwater, Florida 33763, and the procedure cut the City’s direct burial line to Lift Station 56, requiring the City to repair it, costing $1,449.00. Demand letters have been sent to Mr. Najera but no response has been received. Costs relative to this action will include a $400.00 filing and fees for service of process of approximately $50.00. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-000 Page 1 City of Clearwater Printed on 2/2/2015