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04/07/2016Thursday, April 7, 2016 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda April 7, 2016City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using cell phones and other electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Farewell to Councilmember Polglaze 4.2 Oath of Office to Mayor Cretekos and Councilmembers Caudell and Cundiff 4.3 USCG Air Station Clearwater Awards 4.4 Esophageal Cancer Awareness Month Proclamation - Stephanie Stutz, Legal Dept. 4.5 Work Zone Safety Awareness Week Proclamation - Chuck Lane, Risk Manager 4.6 National Crime Victims' Rights Week Proclamation - Yolanda Cowart, Springtime Club 5. Approval of Minutes 5.1 Approve the minutes of the March 17, 2016 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda Page 2 City of Clearwater Printed on 4/7/2016 April 7, 2016City Council Meeting Agenda 7.1 Approve an annual blanket purchase order (contract) to Heath Consultants, Inc., in the annual amount of $400,000, with the option for two, one-year term extensions to provide natural gas line locating services (ITB 15-16), and authorize the appropriate officials to execute same. (consent) 7.2 Approve a purchase order (contract) to Accela, Inc., San Ramon, CA for the period of April 1, 2016 through March 31, 2017 for software maintenance at a cost not to exceed $105,268.11 in accordance with Sec. 2.564(1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a contract to Wannemacher Jensen Architects, Inc. (WJA), St. Petersburg, FL in the amount of $97,718, which includes a 25% contingency, for architectural and engineering design services required to provide concept designs for the future development of Crest Lake Park, 201 Glenwood Ave and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Florida Highway Beautification Council Grant (FHBCG) Landscape, Construction and Maintenance Memorandum of Agreement between the Florida Department of Transportation, District 7, and the City of Clearwater for the installation and maintenance of landscaped medians within the Missouri Avenue corridor (northern section) and authorize the appropriate officials to execute same. (consent) 7.5 Award a construction contract to David Nelson Construction Co. of Palm Harbor, Florida, for the Greenlea-Otten Neighborhood Traffic Calming, Roadway and Stormwater Improvements Project (10-0003-EN) in the amount of $3,071,486.83, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.6 Approve Change Order 1 to Central Florida Contractors, Inc., of Seminole, Florida, for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of $138,327.20; approve a time extension of 120 days for completion of additional work; and authorize the appropriate officials to execute same. (consent) 7.7 Approve General Utility Easements over the 400 Block of Cleveland Street, conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a General Utility Easement over 1650 Elizabeth Lane, conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) 7.9 Authorize the City Manager to sign Hold Harmless/Indemnification Agreements with private property owners so that police and fire can conduct programs on the property, events pertaining to the health, safety and welfare of the public. (consent) Public Hearings - Not before 6:00 PM Page 3 City of Clearwater Printed on 4/7/2016 April 7, 2016City Council Meeting Agenda 8. Administrative Public Hearings 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8789-16 on second reading, annexing certain real property located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, which parcel is currently unaddressed, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 8790-16 on second reading, annexing certain real property whose post office address is 2425 McMullen Booth Road, Clearwater, Florida 33759, together with certain abutting right-of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.3 Adopt Ordinance 8828-16 on second reading, annexing certain real property whose post office address is 3128 Johns Parkway, Clearwater, Florida 33759 together with all right-of-way of Johns Parkway abutting Lot 2 of Johns Parkway Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.4 Adopt Ordinance 8829-16 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 3128 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.5 Adopt Ordinance 8830-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3128 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 9.6 Adopt Ordinance 8839-16 on second reading, annexing certain real property whose post office address is 2823 St. John Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.7 Adopt Ordinance 8840-16 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 2823 St. John Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Page 4 City of Clearwater Printed on 4/7/2016 April 7, 2016City Council Meeting Agenda 9.8 Adopt Ordinance 8841-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2823 St. John Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 9.9 Adopt Ordinance 8842-16 on second reading, annexing certain real properties whose post office addresses are 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, together with certain right-of-way of Bell Cheer Drive and all right-of-way of Pleasant Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.10 Adopt Ordinance 8843-16 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 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation (P). 9.11 Adopt Ordinance 8844-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 9.12 Adopt Ordinance 8883-16 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2016 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid Waste and Recycling Fund, Marine Fund, and Parking Fund. 9.13 Adopt Ordinance 8884-16 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2016 to reflect a net increase of $3,380,879. 10. City Manager Reports 10.1 Approve the District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Clearwater for the installation and maintenance of landscaped medians within the Missouri Avenue corridor (southern section), authorize the City Manager to execute all documents related to the agreement, and adopt Resolution 16-09. 10.2 Elect Vice Mayor 11. City Attorney Reports Page 5 City of Clearwater Printed on 4/7/2016 April 7, 2016City Council Meeting Agenda 12. Other Council Action 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2268 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Farewell to Councilmember Polglaze SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2258 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Oath of Office to Mayor Cretekos and Councilmembers Caudell and Cundiff SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2231 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: USCG Air Station Clearwater Awards SUMMARY: Petty Officer First Class Jose Ortiz (Enlisted Person of the Year) Chief Petty Officer Larry Peranto (Chief Petty Officer of the Year) Chief Warrant Officer Sean Cox (Officer of the Year) Lieutenant Commander J. D. Lentine (Department of the Year) APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2093 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Esophageal Cancer Awareness Month Proclamation - Stephanie Stutz, Legal Dept. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2253 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Work Zone Safety Awareness Week Proclamation - Chuck Lane, Risk Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2254 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.6 SUBJECT/RECOMMENDATION: National Crime Victims' Rights Week Proclamation - Yolanda Cowart, Springtime Club SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2264 Agenda Date: 4/7/2016 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the March 17, 2016 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 City Council Meeting Minutes March 17, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, March 17, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Roll Call Present: 5 - Councilmember Bill Jonson, Councilmember Hoyt Hamilton, Councilmember Doreen Caudell, Mayor George N. Cretekos and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II – City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Pastor Chuck Engelhardt from Heritage United Methodist Church 3. Pledge of Allegiance – Vice Mayor Polglaze 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Healthy Weight Community Champion - Megan Carmichael, Community Partnership Coordinator - Dept. of Health in Pinellas County January 28, 2016 PINELLAS COMMUNITIES RECOGNIZED AS HEALTHY WEIGHT CHAMPIONS Five communities in Pinellas County were recognized by the Florida Department of Health as 2016 Healthy Weight Community Champions. The recognition program highlights local government efforts to increase physical activity and improve nutrition as part of Healthiest Weight Florida. “By working toward creating healthy environments, these local governments have shown their commitment to improving the health of all Floridians,” said State Surgeon General and Secretary of Health Dr. John Armstrong. “We are proud to see the number of recognized communities growing steadily each year.” Page 2 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Ms. Carmichael presented the 2016 Healthy Weight Community Champions Award to the Mayor and thanked the City for their continued efforts. 4.2 March Service Awards One service award was presented to a city employee. 4.3 Complete Street Savvy - Becky Afonso, Exec. Dir. Florida Bicycle Association Ms. Afonso presented a PowerPoint presentation. 4.4 Visit St. Pete - Clearwater - Mary DeLong St. Petersburg Film Commissioner Tony Armer presented Council with a copy of the latest Gulf to Bay edition, which celebrated Clearwater Beach as the umber 1 beach in the country by Tripadvisor. 4.5 Florida Surveyors and Mappers Week Proclamation, March 20-26, 2016 - Justin Polaris, Tampa Bay Chapter of the Florida Surveying and Mapping Society 4.6 Coast Bike Share Presentation - Whit Blanton, MPO Executive Director Mr. Blanton provided a PowerPoint presentation. In response to questions, Mr. Blanton said Coast Bike Share is operating in Tampa and currently negotiating with St. Petersburg. The bikes have GPS capability. Orlando’s bike share program documented 20,000 rides during their first year of operation. 5. Approval of Minutes 5.1 Approve the minutes of the March 3, 2016 City Council Meeting and the February 12, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the March 3, 2016 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and Page 3 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 carried unanimously. Councilmember Caudell moved to approve the minutes of the February 12, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Frank Hibbard expressed condolences to Clearwater residents, who recently lost a special citizen, former Councilmember JB Johnson; he was an amazing man who served this country and Clearwater well. JoBeth Dickson said she sent Council an email opposing the proposed Clearwater Marine Aquarium (CMA) expansions and suggested that the project approval process be amended to require the public hearing be held one month before the vote to allow public input. She also suggested that the CMA require visitors purchase tickets in advance with a timed arrival. Lisa Gagnon and Kelly Falton opposed the CMA expansion and expressed concern with the vehicular traffic leaving the beach. Neil Spillane expressed concerns with the parking capacity near the CMA while the expansion is under construction. He said he requested Publix to build the new facility at the south end of the current site instead of rebuilding at current location. Bonny Sanchez expressed concerns with the sea level rising and the vehicular traffic near Island Estates and State Road 60. Brian Aungst thanked Council, city staff, the Clearwater Charter Review Committee, and the Clearwater Regional Chamber of Commerce for their effort and support related to the charter referendum questions and thanked the Clearwater Downtown Partnership for supporting the political committee and a successful public engagement component. Zack Thorn and David Loyd supported the passage of the charter review referendum questions, which will help promote the growth and economic health of the community. 7. Consent Agenda – Approved as submitted, less Item 7.4. 7.1 Approve contract (blanket purchase order) for Women’s Softball Promotional Services to Michele Smith Inc. of St. Petersburg Fl, in the annual amount of $60,000 (Invitation to Bid 10-16), and two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 7.2 Approve the conveyance of Distribution Easements to Duke Energy for the installation and maintenance of subaqueous power lines that will run from Skiff Point on Island Estates to Bay Esplanade and authorize the appropriate officials to execute same. (consent) 7.3 Approve a five-year Management Agreement with Mr. and Mrs. Robert E. Smith for management over the Hillsborough Sludge Farm and authorize the appropriate officials to execute same. (consent) 7.4 Award a construction contract to Pospiech Contracting Inc., for construction of Magnolia Drive Outfall Improvements Project (12-0023-EN) in the amount of $5,982,694.60, which is the lowest responsible bid received in accordance with plans and specifications and approve the second amendment to the Cooperative Funding Agreement (N445) with Southwest Florida Water Management District (SWFWMD) to extend the contract expiration date to June 30, 2019 and authorize the appropriate officials to execute same. (consent) See below. 7.5 Award a contract (Purchase Order) in the amount of $ 186,110.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one Osage Warrior Rescue Ambulance in accordance with Sec. 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 interest; and authorize the appropriate officials to execute same. (consent) 7.6 Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City’s option to J Grez Transport, Inc. of Tampa, FL in the amount of $165,000, for the hauling of single stream recycling commodity from the City’s recycling facility to the processing contractor’s facility, from April 1, 2016 through March 31, 2017, as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 7.7 Appoint Carmen Santiago to the Neighborhood and Affordable Housing Advisory Board (NAHAB) to fill the remainder of an unexpired term through November 30, 2017, as a citizen who resides within the City of Clearwater. (consent) 7.8 Appoint one member to the Environmental Advisory Board to fill the remainder of an unexpired term until September 30, 2017. Councilmember Caudell moved to approve the Consent Agenda as submitted, less Item 7.4, and authorize the appropriate officials to execute same. The motion was duly seconded and carried Page 5 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 unanimously. 7.4 Award a construction contract to Pospiech Contracting Inc., for construction of Magnolia Drive Outfall Improvements Project (12-0023-EN) in the amount of $5,982,694.60, which is the lowest responsible bid received in accordance with plans and specifications and approve the second amendment to the Cooperative Funding Agreement (N445) with Southwest Florida Water Management District (SWFWMD) to extend the contract expiration date to June 30, 2019 and authorize the appropriate officials to execute same. (consent) The existing storm and sanitary systems in this area are nearing the end of their useful lifespan and this project will replace them with new infrastructure that provides an improved level of service. The existing stormwater inlets are frequently clogged by leaves or other debris and will be replaced with open throat inlets. The project also includes 3 stormwater treatment devices which will collect leaves and debris improving efficiency of maintenance staff and improving water quality. The improvements will be maintained by the Stormwater Maintenance Division and Public Utilities Department. Construction duration is 635 calendar days with an anticipated start in early April 2016 and completion by late spring of 2018. March 21, 2013, City Council approved the initial SWFWMD agreement in an amount of $550,000. July 17, 2014, City Council approved the first amendment to the initial SWFWMD agreement extending the contract period to April 15, 2016 and increasing cooperative funding by $1,000,000 from $550,000 to $1,550,000. This second amendment to the SWFWMD Agreement extends the contract expiration date to June 30, 2019. APPROPRIATION CODE AND AMOUNT: 0315-96184-563700-539-000-0000 $3,016,081.00 0327-96742-563800-533-000-0000 $1,161,410.42 0327-96634-563800-535-000-0000 $1,391,815.30 0315-96739-563800-533-000-0000 $ 413,387.88 A midyear budget amendment will transfer $300,000 from Capital Improvement Program (CIP) project 0315-96170, Coastal Basins, to 0315-96184, Magnolia Drive Outfall. Sufficient funding is available in CIP projects in amounts of $2,716,081 from 0315-96184, Magnolia Drive Outfall, and $413,387.88 from 0315-96739, Reclaimed Water Distribution System; and Utility Renewal and Replacement projects in amounts of $1,161,410.42 from 0327-96742, Line Relocation - Capital, and $1,391,815.30 from 0327-96634, Sanitary Utility Relocation Accommodation, for total funding in the amount of $5,982,694.60. A concern was expressed that the contract does not contain language stating Page 6 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 the City has an opportunity for a change order for the brick streets. The City Attorney said staff can submit a change order to take out the final asphalting. Engineering Assistant Director Scott Rice said there is no specific language in the contract regarding the brick streets, however there is language that the city reserves the right to make modifications to the contract by change order. The City Attorney said change orders are permitted; there is not a specific change order proposed for brick streets because it is not known if the brick streets will be pursued. The historic grant for brick streets would effect the brick component, not this contract. Engineering Director Mike Quillen said the sooner the contract is awarded, the sooner the underground work can begin and lessens the delay to install the bricks streets, if approved. Vice Mayor Polglaze moved to award a construction contract to Pospiech Contracting Inc., for construction of Magnolia Drive Outfall Improvements Project (12-0023-EN) in the amount of $5,982,694.60, which is the lowest responsible bid received in accordance with plans and specifications and approve the second amendment to the Cooperative Funding Agreement (N445) with Southwest Florida Water Management District (SWFWMD) to extend the contract expiration date to June 30, 2019 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the annexation, initial Future Land Use Map designations of Industrial Limited (IL) and Water/Drainage Feature and initial Zoning Atlas designation of Industrial, Research, and Technology (IRT) District for 2116 Palmetto Street; and pass Ordinances 8836-16, 8837-16, and 8838-16 on first reading. (ANX2016-01001) This voluntary annexation petition involves one parcel of land totaling 4.926 acres. The parcel is occupied by a 2,880 square foot building currently used for storage and is located generally on the north side of Palmetto Street approximately 650 feet west of North Belcher Road. The property currently has a well for potable water. The applicant is requesting annexation in order to receive solid waste, water, and sanitary sewer service from the City when the site is redeveloped in the future. The closest sewer line is located east of the property in the Palmetto Street right-of-way, and potable water lines are located both east and west of the property in the Palmetto Street right-of-way. Due to the distance to these lines, potable water and sewer service is not readily available to the applicant’s property. The applicant is aware of the additional costs to extend city sewer and potable water to this property. The property is located in an enclave and is contiguous to existing city limits along the west, south, and east. It is proposed that the property be assigned Future Page 7 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Land Use Map designations of Industrial Limited (IL) and Water/Drainage Feature and the zoning category of Industrial, Research, and Technology (IRT). The applicant currently has an active building permit through Pinellas County for the replacement of a roof on the current structure. To ensure consistency during Building Code inspections and to prevent any construction liability issues, the permit must be completed under Pinellas County Jurisdiction. The Planning and Development will schedule the second and final reading after the building permit is finalized, which is expected to be in May. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • Collection of solid waste, water, and sanitary sewer service will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Industrial Limited (IL) and Water/Drainage Feature Future Land Use Map categories are consistent with the current Countywide Plan designations of the property. The Industrial Limited (IL) designation primarily permits light industrial uses at an intensity of 0.65 FAR. The proposed zoning district to be assigned to the property is the Industrial, Research, and Technology (IRT). The use of the subject property is consistent with the uses allowed in the Industrial, Research, and Technology (IRT) District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City Page 8 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 limits to the west, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designations of Industrial Limited (IL) and Water/Drainage Feature and initial Zoning Atlas designation of Industrial, Research, and Technology (IRT) District for 2116 Palmetto Street. The motion was duly seconded and carried unanimously. Ordinance 8836-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8836-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8837-16 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 8837-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8838-16 was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance 8838-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3128 Johns Parkway; together with certain right-of-way of Johns Parkway; and pass Ordinances 8828-16, 8829-16 and 8830-16 on first reading. (ANX2015-10030) This voluntary annexation petition involves a single parcel of land totaling 0.216 acres. The parcel is occupied by a single-family dwelling and is located on the north side of Johns Parkway, approximately 310 feet east of North McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer service from the City. The Development Review Committee is proposing that the 0.050 acres of abutting Johns Parkway right-of-way not currently within Page 9 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 the city limits also be annexed. The property is located within an enclave and is contiguous to existing city boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the property with sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the north, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Page 10 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3128 Johns Parkway; together with certain right-of-way of Johns Parkway. The motion was duly seconded and carried unanimously. Ordinance 8828-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8828-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8829-16 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 8829-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8830-16 was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance 8830-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2823 St. John Drive; and pass Ordinances 8839-16, 8840-16 and 8841-16 on first reading. (ANX2016-01002) This voluntary annexation petition involves a single parcel of land totaling 0.152 acres. The parcel is occupied by a single-family dwelling and is located on the south side of St. John Drive, approximately 100 feet north of SR 590. The applicant is requesting annexation in order to receive sanitary sewer service from the City. The property is located in an enclave and is contiguous to existing city limits to the north, east and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed Page 11 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Collection of solid waste will be provided to the property by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the north, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2823 St. John Drive. The motion was duly seconded and carried unanimously. Page 12 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Ordinance 8839-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8839-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8840-16 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 8840-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8841-16 was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance 8841-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) for 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway as well as Preservation (P) for 2143 and 2147 Pleasant Parkway and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for all four properties as well as Preservation (P) District for 2143 and 2147 Pleasant Parkway; together with certain Bell Cheer Drive right-of-way and all Pleasant Parkway right-of-way; and pass Ordinances 8842-16, 8843-16 and 8844-16 on first reading. (ANX2016-01003) This voluntary annexation petition involves four parcels of land totaling 1.345 acres. All parcels are occupied by single family dwellings. The four lots are located generally east of South Hercules Avenue and west of South Belcher Road, north of Lakeview Road and south of Druid Road. The applicants are requesting annexation in order to receive solid waste service from the City and will connect to city sewer when it is available in the future, as part of the City’s Belcher Area Sanitary Sewer System Extension Project. The Development Review Committee is proposing that the 2.457 acres of all Bell Cheer Drive right-of-way not currently within the city limits and all Pleasant Parkway right-of-way also be annexed. Properties located at 2124 and 2125 Bell Cheer Drive and 2143 Pleasant Parkway are contiguous to existing city limits along at least one property boundary. The property located at 2147 Pleasant Parkway is not contiguous to existing city boundaries; however, it is in an enclave surrounded by city Page 13 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway be assigned the Future Land Use Map designation of Residential Low (RL) and 2143 and 2147 Pleasant Parkway also be assigned the Preservation (P) designation. The properties located at 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway will be assigned the Low Medium Density Residential (LMDR) zoning category, while 2143 and 2147 Pleasant Parkway will also be assigned the Preservation (P) zoning category. The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the sewer impact fee that must be paid in full in order to connect and the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The Preservation (P) Future Land Use category on 2143 and 2147 Pleasant Parkway is consistent with the current Preservation (P) boundary which was placed Page 14 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 on the Countywide Plan Map to recognize the watershed and drainage features on the properties. The proposed zoning districts to be assigned to 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway is the Low Medium Density Residential (LMDR), while 2143 and 2147 Pleasant Parkway will also be assigned the Preservation (P) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation at 2124 and 2125 Bell Cheer Drive and 2143 Pleasant Parkway are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. The property proposed for annexation located at 2147 Pleasant Parkway is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) for 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway as well as Preservation (P) for 2143 and 2147 Pleasant Parkway and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for all four properties as well as Preservation (P) District for 2143 and 2147 Pleasant Parkway; together with certain Bell Cheer Drive right-of-way and all Pleasant Parkway right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8842-16 was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance 8842-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8843-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8843-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8844-16 was presented and read by title only. Page 15 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Councilmember Jonson moved to pass Ordinance 8844-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8882-16 on second reading, amending the Economic Development Ad Valorem Tax Exemption for Instrument Transformers, Inc. Ordinance 8882-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8882-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 9.2 Adopt Ordinance 8845-16 on second reading, amending Section 27.06 extending certificate of indebtedness to 20 years for special assessments. Ordinance 8845-16 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8845-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 10. City Manager Reports 10.1 Amend the City’s fiscal year 2015/16 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8883-16 and 8884-16 on first reading. The fiscal year 2015/16 Operating and Capital Improvement Budgets were adopted in September 2015 by Ordinances 8767-15 and 8768-15. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Staff has provided a memorandum and report that provide this information and outline the issues at first quarter that require Page 16 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 amendment. Councilmember Hamilton moved to amend the City’s fiscal year 2015/16 Operating and Capital Improvement Budgets at first quarter. The motion was duly seconded and carried unanimously. Ordinance 8883-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8883-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson Ordinance 8884-16 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 8884-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 10.2 Reduce the regional stormwater buy-in fee from $235,700 to $0 for The Nolen, aka Prospect Park Apartments on Cleveland Street and Prospect Avenue, pursuant to criteria established under Resolution 99-43, Section 3 and adopt Resolution 16-08. The City and Community Redevelopment Agency’s (CRA) redevelopment strategy emphasizes the creation of a significant residential concentration in and around the downtown core to create the support for a retail and recreation destination environment in the Cleveland Street District. In addition, the City’s Economic Development Strategic Plan calls for the growth/support of employment opportunities as part of the CRA’s Technology District and its software/information technology industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake Park site as a major opportunity to further these strategies by adding a mixed-use project that activates the street and creates living opportunities for the District’s workforce. On June 10, 2014, the City joined the Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the City of Clearwater and Prospect Park Development, LLC for the limited purposes of conveyance of property, granting of easements, etc. In summary, the mixed-use project consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be Page 17 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 composed of a retail/office space and a residential component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). The project’s real estate and financial closing occurred on October 30, 2014. The groundbreaking celebration was held on February 4, 2015 with construction commencing in March. Defining the Issue Since construction began, The Nolen, aka Prospect Park Apartments, has suffered some significant financial hardships due to soil conditions that were not anticipated as part of the project negotiation. The muck had become a huge challenge both to engineer a remedy that worked but also the months of delay it caused, adding to the overall development timeline and general conditions costs. The demucking process included overexcavating the building pads, importing fill, dewatering, and removing and replacing unsuitable materials. Because of the muck, foundation enhancements needed to occur with additional auger cast piles and grout. The costs incurred to ready the site for the foundation was significantly more than what was anticipated by both the Developer’s and the city’s geotechnical consultants. The developer detailed $529,104 in additional costs and is requesting a credit offset on impact fees to alleviate the financial pressure on the project. These additional costs do not include the additional length of time to build, and associated general conditions and other overhead as a result of delay. At this point, the project will not meet promised expectations which will cause a financial burden given the federal EB 5 loan funding which requires a minimum return on investment. Staff Analysis The Engineering Department has reviewed the geotechnical reports and the developer’s request. The muck that was found on site was in excess of what was anticipated in the geotechnical reports reviewed by the city. Staff concurs that the site and soil conditions constitute an unforeseen condition in delivering a developable site to the developer that was not discussed as part of the original negotiations of the Development Agreement. These increased costs have created a burden on the project. The City/CRA views The Nolen as a pioneering project for the downtown area whose success could encourage future projects, attract developers and improve the livability of the Cleveland Street District. As the first market-rate rental development in downtown, an untested market, The Nolen needs to be placed in the best possible position to succeed. According to the Developer Agreement, the additional risk and cost of construction is the responsibility of the Developer. However, this project has been a public private partnership Page 18 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 from inception and to protect the future success of the project, the City/CRA should consider sharing in the additional costs specifically related to the soil conditions found on site. Staff Recommendation Staff recommends the City/CRA share in approximately half the requested amount attributed to the soil conditions. To assist the project, staff recommends the City Council reduce the Stormwater Buy-in Fee of $235,700 to $0. Resolution 99-43, Section 3, allows projects larger than 1.5 acres, to reduce payment on a case-by-case basis, depending on project variables such as total capital investment, number of jobs, density of impervious area, etc. Bond counsel has reviewed the ability of the city to reduce this fee and has determined that the City Council can choose to waive stormwater impact fees with no impact on stormwater bond covenants. The Nolen is anticipated to have a significant impact to the redevelopment of downtown. The capital investment in the Nolen is over $34 million. The estimated completed project value of $27,000,000 is estimated to generate $309,000 in tax increment (City, County and Downtown Development Board) in the first full assessment year the project is operational (estimated to be 2017). According to the Economic Development and Housing department’s economic impact modeling program, Total Impact by Impact Data Source, we have estimated 143 direct jobs and 102 indirect and induced jobs resulting from construction. In addition, there are significant resident and restaurant/retail impacts expected from taxable sales estimated at over $60 million over 10 years. Vice Mayor Polglaze moved to reduce the regional stormwater buy-in fee from $235,700 to $0 for The Nolen, aka Prospect Park Apartments on Cleveland Street and Prospect Avenue, pursuant to criteria established under Resolution 99-43, Section 3. The motion was duly seconded and carried unanimously. Resolution 16-08 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 16-08. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Caudell, Councilmember Hamilton, and Councilmember Jonson 10.3 Ratify and confirm the purchase order to Duke Energy in the amount of $107,149.59 for the temporary support of transmission utility poles during creek bank erosion mitigation efforts, and authorize the appropriate officials to execute same. February 5, 2015, Council awarded a construction contract to Biomass Tech, Page 19 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Inc. for the Byram Drive Channel Erosion Control Improvements. During construction efforts, the area was subject to a consistent period of inclement weather causing significant erosion of the creek bank. Duke Energy felt that due to the proximity of the construction to Duke Energy assets, it would be in the public’s best interest to support the poles during the construction. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 $107,149.59 Funds are available in capital improvement project 0315-96124, Storm Pipe System Improvements, to fund this contract. Councilmember Jonson moved to ratify and confirm the purchase order to Duke Energy in the amount of $107,149.59 for the temporary support of transmission utility poles during creek bank erosion mitigation efforts, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.4 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2016/17 special events including four annual city events; and twenty city co-sponsored events; at an estimated General Fund cost of $472,010 ($84,750 cash contributions and $387,260 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,670 for the purposes of Fiscal Year 2016/17 departmental budget submittals. According to City Council Policy, Item M, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed. Staff has provided the recommended level of cash and in-kind contributions to be included in the various departmental budgets for Fiscal Year (FY) 2016/17 for city sponsored and co-sponsored special events. A one-time cash contribution of $75,000 was included for Jazz Holiday due to the Centennial Celebration. Adjusted for that one-time increase, this year's request represents a net increase of $62,890. Staff has also provided a list of 30 additional special events requiring some type of in-kind support from the Parks and Recreation Special Events Division during FY 2016/17. Page 20 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 The new requests and events added for FY 2016/17 are as follows: • Jazz Holiday - They have requested an increase of $60,450 in cash contribution in order to improve their talent offerings to the public for this signature city event. ($60,450) • Pier 60 Sugar Sand Festival - This event has been a part of the Fun N Sun events for the past 2 years but it has been extremely successful and needs to be broken out as a separate event. ($23,100) • International Sports Tournaments - The City has been successful at attracting International sports tournaments to Clearwater as part of the strategic direction of the council to promote sports tourism and a new event is being proposed to support this effort. ($25,000) • International Sailing Events - The City was very successful hosting an international sailing event in FY 2015/16 and the international sailing community is interested in continuing a relationship with Clearwater to promote additional events in FY 2016/17. ($6,620) • North Greenwood Fall & Summer Festival - Police has provided support for these events in the past however it does require overtime and thus being added as a co-sponsored event. ($1,200) In response to questions, Parks and Recreation Director Kevin Dunbar said before Sea Blues an Evening with Bryan Adams was held. The Bryan Adams event was a new concept that attracted 4,000 to 6,000 people to Coachman Park; the event successfully covered all costs and provided some revenue. Staff is exploring opportunities to continue to expand the special events programming in Spring and Fall. Jazz Holiday wishes to upgrade the entertainment so that each of the four nights is successful. Mr. Dunbar said the entertainment lineup in the past was stronger on some nights than others. The City provided a cash contribution to the Florida Orchestra for a concert. The cost of entertainers has increased over time. It was stated that the additional cash contribution for the Jazz Holiday last year was due to the Centennial event programming; it was suggested that the special events be enhanced by adding an additional event in Coachman Park rather than enhancing an already successful event. Discussion ensued with support expressed for assisting the Jazz Holiday. The City Manager said the sponsorships have been increasing during the last three years. Staff is optimistic that Jazz Holiday will be able to push this event to the next level. He said staff is sensitive to adding new events and how the opportunity to expand events in Coachman Park Page 21 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 that are not necessarily built around large concert events. Councilmember Caudell moved to approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2016/17 special events including four annual city events; and twenty city co-sponsored events; at an estimated General Fund cost of $472,010 ($84,750 cash contributions and $387,260 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,670 for the purposes of Fiscal Year 2016/17 departmental budget submittals. The motion was duly seconded and upon the vote being taken: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Hamilton, and Vice Mayor Polglaze Nays: 1 - Councilmember Jonson Motion carried. 10.5 Brick Streets - Harbor Oaks Subdivision On March 15, 2016 a single bid from Steve’s Excavating was received for the installation of brick surfacing instead of asphalt in the Harbor Oaks Subdivision. Although five contractors obtained bid packages and four attended the mandatory pre-bid, only one contractor submitted a bid. The total bid for the brick surfacing from Steve’s Excavating was $2,705,981.25. Deducting items not strictly related to the brick installation (Remove Existing Roadway, Remove and Replace Curb, Road Base and Concrete Driveway Restoration), the total cost is reduced to $2,577,156.25. Per the Brick Street Policy approved by City Council on September 3, 2015, the cost to the neighborhood for the bricking would be reduced by “the cost for the installation of a two inch thick asphalt surface”. The project for the Harbor Oaks neighborhood is split into two portions, the Jeffords Outfall portion in the southwest awarded to Keystone Excavating and the Magnolia Outfall portion comprising the remainder of the neighborhood awarded to Pospiech Contracting. The proposal from Keystone Excavating for the Jeffords Outfall portion included $75,000 for two inches of asphalt. The bid from Pospiech Contracting for the Magnolia Outfall portion of the project includes $276,900 for two inches of asphalt. Combining the two bids yields a total of $351,900 to be deducted from the bid for brick. After the deduction for asphalt, the net cost for brick installation is $2,225,256.25. Over the 201,546 square feet of roadway to be surfaced during the project, this yields a net unit cost of $11.04 per square foot. This actual bid price is 24.75% greater than the $8.85 per square foot preliminary estimate provided to the neighborhood. In accordance with the Brick Street Policy, since “the actual bid price is greater than 10% more than the preliminary estimate, the City will conduct a Page 22 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 second petition process to confirm that there is still a 65% approval to start the assessment process”. In response to questions, Engineering Director Mike Quillen said the name of the other bidders are Steve's Excavating, Keystone Excavators, Associated Construction Products, and Quality Brick Pavers. Staff has drafted a new petition letter for the City Attorney's review. The proposed bid is valid for ninety days; the contract does not need to be awarded until the first council meeting in June. The City Manager said staff is following the process directed by Council. Discussion ensued with comments made that the South Ward Elementary was recently appropriated state funding for improvements. Support was expressed to delay the second petition in order to rebid the project. It was stated that the policy has been set to revote if the bid comes in more than 10% . Councilmember Caudell moved to rebid the brick streets contract. The motion failed for lack of a second. The City Attorney said if the City receives a grant for the bricks; the grant funding would be applied to the project. In response to a question, the City Manager said staff will proceed with the policy and conduct a revote. 10.6 Bluff Master Plan Developer Consultant The ULI Advisory Services Panel Report (June 2014) recommended the development of a Bluff/Coachman Park/Waterfront Master Development Plan that focuses on generating private investment along the Bluff, and integrating Coachman Park and the waterfront to the downtown core in order to achieve the redevelopment of downtown. The ULI report emphasized engaging a developer at the outset to be intimately involved in the process to ensure economic feasibility and market reality in the Master Plan process. At the June 15, 2015 CRA meeting, the Board discussed the ULI recommendations as well as alternative formats to achieve the developer/economic feasibility component without hiring a “Developer Partner” at the outset. The CRA Board directed staff to further define the proposed “hybrid” approach recommended in the staff presentation. At its meeting on July 13, 2015, the CRA approved the project template/ work program for the Bluff/Coachman Park Master Plan and directed staff to prepare the requests for proposals. Staff recommended a hybrid, or two-pronged approach, to select: 1) a Master Plan Consulting Team to conduct the public engagement plan, market study, concepts/designs for the Page 23 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 park, waterfront, parking, circulation, etc. and an implementation strategy; and 2) a Developer Consultant to work alongside the Master Plan Consultant Team to ensure the commercial development proposed in the Master Plan is economically feasible and viable. The CRA authorized the release of the Request for Proposals (RFP) for the Bluff/Coachman Park Master Plan at the November 2, 2015 meeting. In January 2016, 8 proposals were received and 6 consulting teams were short-listed for presentations in February. The top-ranked consultant team is headed by HR&A, an industry leading real estate and economic development advisory firm that specializes in managing multi-disciplinary teams to craft market-supportable master plans that transform communities. The other members of the consulting team are Sasaki (open space and urban design), Kimley-Horn (parking and circulation planning), and B2 Communications (Public Engagement). The team has extensive experience in creating vibrant, accessible waterfront destinations through high-quality design, placemaking and active programming and engaging stakeholders and the public in building consensus. HR&A’s approach is to develop an informed, collaborative vision to support the development of a targeted investment strategy and implementation strategy for the Bluff/Coachman Park/Waterfront. Their proposal describes establishing a targeted investment strategy that builds upon strengths and recognizes evolving market conditions. Specifically, their investment strategy includes generating market excitement, spurring private investment and identifying public/private partnership potential. In addition, the scope includes a clear and actionable implementation framework that includes key investments, identifies responsible parties and strategic partnerships, project phasing and a funding approach. As part of the Framework Plan development, tasks include intervention (project) options and scenarios and cost projections for each. While the selection process for the Master Plan Consultant Team was underway, the Economic Development and Housing Department was preparing the scope of work for the Developer Consultant portion of the Master Plan. The proposed HR&A scope meets the goals, objectives, and tasks that are envisioned for the Developer Consultant portion of the Master Plan. HR&A has the experience and qualifications to meet the real estate/market viability and financial feasibility components of the Master Plan that have been discussed with the CRA Board. Staff believes that the HR&A proposed scope of work meet the goals and objectives of the hybrid approach discussed with the CRA in July. Staff recommends selecting the HR&A team as the Master Plan Consultant and not selecting a separate Developer Consultant to complete the Bluff/Coachman Park/Waterfront Master Plan. By selecting this team, the Master Plan process will be more streamlined in terms of staff management and resources as well Page 24 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 as more cost-effective. Economic Development and Housing Director Geri Campos Lopez said staff recommends moving forward with the RFP and not proceeding with the developer/consultant RFP. Councilmember Caudell moved to approve staff’s recommendation. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson questioned the payback period for the brick streets. The City Attorney said Council will ultimately make that decision. Council is not making a decision on the payback period tonight. Councilmember Jonson said he enjoyed the bike presentations and looked forward to future discussions. It is great to be a bike friendly city as it ties-in with the City’s strategic planning goals. He encouraged all to use the Clearwater Ferry and visit www.scenicclearwater.org to see a video celebrating the removal of billboard clutter. Vice Mayor Polglaze thanked his spouse for her support during his time on council. 13. Closing Comments by Mayor 14. Adjourn The meeting adjourned at 8:08 p.m. Mayor City of Clearwater Attest City Clerk Page 25 City of Clearwater Draft City Council Meeting Minutes March 17, 2016 Page 26 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2262 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to Heath Consultants, Inc., in the annual amount of $400,000, with the option for two, one-year term extensions to provide natural gas line locating services (ITB 15-16), and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida law requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the FL Sunshine One-Call center and place a ticket 48 hours prior to performing the excavation. Once the locate ticket is received and has been identified as a potential conflict, a Line Spotter goes out to the site and marks the approximate location of our gas lines, generally with flag markers and spray paint. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. Heath was selected based on their response to Bid 15-16, Natural Gas Distribution Main and Service Line Locating Services. In 2015, Clearwater Gas System (CGS) received approximately 40,000 locate tickets from the FL Sunshine One-Call center. CGS projects the locate ticket count will increase in future years as construction activities continue to increase. CGS previously used Heath Consultants on a previous bid and has been very pleased with their past work. APPROPRIATION CODE AND AMOUNT: CGS has budgeted funds available in account codes 423-02066-530300 ($300,000) Pinellas Gas Maintenance and 423-02173-530300 ($100,000) Pasco Gas Maintenance. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/7/2016 v. 9/2014 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748 33758-4748 INVITATION TO BID Natural Gas Distribution Main and Service Line Locating # 15-16 February 1, 2016 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 18, 2016 to provide Natural Gas Distribution Main and Service Line Locating Services. Brief Description: The Clearwater Gas System (CGS) seeks qualified bidders to provide all labor, materials, incidental items and equipment necessary for Natural Gas Distribution Main and Service Line Locating Services. 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. Issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater Questions concerning this solicitation should be directed, IN WRITING, to: Alyce Benge, CPPO Purchasing Manager Finance Department Alyce.Benge@myclearwater.com Exhibit A INSTRUCTIONS Natural Gas – Line Locating 2 ITB # 15-16 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 Buyer as indicated. 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 downloading solicitations 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 acknowledg e 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 designated above, 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: February 18, 2016 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 a notice 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 BID FIRM TIME: 60 days from Opening Bid shall 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 this time. i.6 BID SECURITY: Yes equal to 10% of bid amount 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 by a 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 Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes: equal to the annual of bid amount If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a 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 Natural Gas – Line Locating 3 ITB # 15-16 conditions of the contract, the City shall have the right to use all or su ch 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 BIDS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Floor, 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 responsibility will 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 responsibilit y 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. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 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.10 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 t his 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 opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 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 and the 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 re quested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 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. INSTRUCTIONS Natural Gas – Line Locating 4 ITB # 15-16 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 equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 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.14 DEBARMENT DISCLOSURE. If the vendor submitting 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 identifying the 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. i.15 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 conditions shall 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.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may 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 acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 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.18 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 shall be 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. INSTRUCTIONS Natural Gas – Line Locating 5 ITB # 15-16 i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.20 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 and 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 a fter the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purcha sing 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 Avenue, 3rd Floor Clearwater, FL 33756-5520 or PO Box 4748 Clearwater, FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas – Line Locating 6 ITB # 15-16 i.21 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.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 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 to be considered further. 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 personn el 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.24 COST JUSTIFICATION. 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.25 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 b etween the bidder and the City until the City executes a written contract or purchase order. i.26 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 Ci ty of Clearwater’s Purchasing website at http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: February 1, 2016 Advertise Tampa Bay Times: February 3, 2016 Bids due: February 18, 2016 Review bids: February 18 - 24, 2016 Award recommendation: February 24, 2016 Council authorization: March 17, 2016 Contract begins: April 2016 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 7 ITB # 15-16 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 will be 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 written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide 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 will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be 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 for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, 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 will be no oral changes to this Agreement. This Agreement can only 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 must comply 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 will demonstrate 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 must be notified STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 8 ITB # 15-16 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure 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 and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure 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 will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right 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 any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the emplo yment 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 will be 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 whom it provides services because of race, color, religion, sex, national origin, or disability, and repre sents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel 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. Contractor is responsible 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 Contractor employees 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, Contractor will 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. 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. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 9 ITB # 15-16 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 Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City purs uant to this ITB 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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 questio ns, 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. A recording and any records presented 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 must preserve 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 backgrou nd check must be replaced immediately for 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 cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (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 or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 10 ITB # 15-16 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. c. 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. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Co ntractor give a written assurance of its intent and ability to 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 will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be 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 o f 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 will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be 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 ex ecution, without penalty or 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 FO R 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 have funds 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 11 ITB # 15-16 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 will be 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 will make 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 prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not 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 j udgments, 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 will not indemnify or hold Contractor or any third party 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 accordance with manufacturer's standard warranty for at le ast 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 will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the 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, STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 12 ITB # 15-16 but will not bind the City to 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 will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in 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 before the City on any matter for which the officer or employee was direc tly 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 PREPAID AND ALLOWED. All deliveries will be 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 and such 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 is the responsibility of or in the custody of Contractor or its emplo yees. 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 provided by 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 is obtained 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 City the 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 acceptance through cessation of use, which amount will be 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 will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and 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 must also take all reasonable steps, promptly and diligently, to prevent STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating 13 ITB # 15-16 such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be 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 will delays 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 Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with 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 is not 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 must be 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 will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be 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 constitute s the 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 fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared v oid or unenforceable, such provision will be severed from this Agreement, which will otherwise 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 interpretati on thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Natural Gas – Line Locating 14 ITB # 15-16 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 110,000 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 pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed in Clearwater. 2. BACKGROUND. The City of Clearwater (“City”), doing business as the Clearwater Gas System (“CGS”), owns and operates a natural gas distribution system (“System”) within portions of Pinellas and Pasco County, Florida that serves approximately 19,000 natural gas customers . CGS has approximately 875 miles of distribution gas mains that operate between 8 – 60 PSI. The 330 square mile service territory of CGS extends from north Pinellas County (north of Ulmerton Road) to Southwest Pasco County (the Pinellas/Pasco county line to State Road 52 and Ehren Cutoff Road) and includes the beach communities starting from Clearwater and traveling south to Redington Beach. The awarded vendor will work independently to complete the services for CGS, with minimal assistance or supervision from CGS. Below is some general information on our distribution system, along with a company profile. A. HISTORICAL ANNUAL SERVICE: LOCATE TICKETS FROM OCTOBER 2014 – SEPTEMBER 2015 County Miles of Main Number of Service Lines Sunshine Tickets Received Located Emergency Locate Pinellas 715 17,000 29,000 6,000 1,100 Pasco 170 4,000 9,000 2,100 350 Total 885 21,000 38,000 8,100 1,450 Additional information, such as GIS shapefiles, depicting the exact location of our main and service locations can be made available to the awarded vendor. B. CLEARWATER GAS SYSTEM – OVERVIEW: It is recommended that Bidder review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performed, or affect the equipment, materials, and labor required. The Bidder shall carefully evaluate the service area and the specifications, conditions, and requirements of this contract. No additional allowances shall be made because of lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas – Line Locating 15 ITB # 15-16 DETAILED SPECIFICATIONS Natural Gas – Line Locating 16 ITB # 15-16 C. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 2014, PHMSA 7100-1.1 Annual Report DETAILED SPECIFICATIONS Natural Gas – Line Locating 17 ITB # 15-16 3. SCOPE OF WORK. The Awarded Bidder (Vendor) shall provide underground facility locating services for CGS. Locating services will include regular, emergency, and short notice work requests. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Vendor’s Bid Pricing. A copy of the proposed standard contract is included as Attachment A, Standard Contract. A. REGULATIONS: 1. All services shall be performed to meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” in conformance with the intent of Federal Operator Qualification Regulations that is equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. 2. All work shall be performed in accordance with the standards defined in accordance with Florida Statute 556, the Underground Facility Damage Prevention and Safety Act. (F.S. 556). B. SERVICE REQUIREMENTS: 1. All Locate Ticket records are the property of Clearwater Gas System. CGS will notify Florida Sunshine State One Call (‘‘Sunshine 811’’) of its engagement with the vendor. CGS shall pay ticket fees assessed by ‘Sunshine 811’ directly. 2. Vendor shall receive and record Locate Requests from both CGS and ‘Sunshine 811’ during normal business days and within normal business hours. Locate Requests may be issued to the vendor during non-business hours on an emergency basis only and must be approved by CGS , either in writing or email, prior to start of service. 3. Vendor must provide sufficient qualified staff, administrative capabilities, and field locating equipment to adequately perform the required locating services for CGS. 4. Vendor shall provide compatible two-way communication with existing or future communication systems between office, staff and ‘Sunshine 811’. 5. For each Locate Request, vendor will review the CGS facilities maps, provided online and in paper copy format, to determine where conflicts exist between proposed excavation and CGS facilities and locate those areas in the timeframe (two full business days) per F.S. 556. 6. Vendor shall respond and complete a site visit for each Locate Request from ‘Sunshine 811’ to locate any and all facilities belonging to CGS that are included in the description on the Locate Request. Service shall be completed in the timeframe (two full business days) as specified by F.S. 556. 7. Vendor shall complete all Locate Requests within the timeframe per requirements of F.S. 556 (two full business days) and close out these Locate Requests by submitting the proper response to ‘Sunshine 811’. 8. At the request of CGS, Vendor shall provide one free follow-up site visit, per each completed locate ticket, to verify locate with the excavator to ensure the safety and accuracy of the work performed. 9. Vendor shall use equipment capable of distinguishing CGS facilities from that of other underground utilities. DETAILED SPECIFICATIONS Natural Gas – Line Locating 18 ITB # 15-16 10. Vendor shall locate service lines, from the main to the meter location on private property, and other facilities in right of ways and easements in compliance with the most recent edition of the FL Department of Transportation Maintenance of Traffic (MOT) rules and regulations . 11. Vendor shall shovel or vacuum excavate pipelines and segments that are difficult to locate, repair broken wire segments, and install and maintain locate stations to complete locate tickets. 12. Vendor will use a marking medium such as: paint and/or flags. Colors are to be in accordance with state law and industry standards. Vendor is responsible for providing all marking material. 13. Vendor shall designate a single point of contact between Vendor and CGS to serve as a liaison for receipt of CGS facility maps. Vendor shall be responsible for requesting revised copies of CGS facility maps. 14. Vendor shall retain and safeguard CGS system maps and records. Maps and records shall not be disclosed to or made available to any entity without the expressed written consent of CGS. 15. Vendor shall contact CGS for assistance after having exhausted reasonable efforts to locate any identifiable, but un-locatable facilities, notify the Excavator of the presence of CGS’s facilities and inform Excavator to suspend any digging activities until CGS personnel are on site. Obtain name, phone number and other pertinent information of Excavator person or persons n otified of locates not being completed for any reason, whether responded to with Positive Response Codes (i.e. when Sunshine 811 ticket is closed concerning the status of locating an underground facility). 16. Notify CGS of any discrepancies or omissions in the records or other information provided to Vendor by CGS to the extent such discrepancies and omissions can be determined by Vendor. Vendor will draw simple as-builts when the main is found in a different location than CGS records depict. 17. Establish positive working relationships with other contractors and maintain clear communication channels to ensure the safety of the system and the public. 18. Gas locates shall include propane tanks and related underground piping systems. Allow CGS to back charge for locates passed-on that were accomplished with minimal effort. Vendor is responsible for any late ticket charges to Sunshine 811 and may be charged for any missed locate damages, pending investigation. C. SERVICE TYPES: Regular Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days, per F.S. 556. Short Notice Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); and work completed within one (1) full business day. Emergency Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); respond to the location within two (2) hours and work completed within one (1) full business day. DETAILED SPECIFICATIONS Natural Gas – Line Locating 19 ITB # 15-16 D. WORK REQUIREMENTS: Per F.S. 566 Vendor shall respond within two full business days and shall include the following to complete the Locate Request Ticket: 1. Provide an all clear code to the positive response system when CGS does not have underground facilities within the excavation site. 2. Physically mark the excavation site per low-impact marking practices, (such as paint and flags), and update the positive response system in the Sunshine 811 website. 3. Contact the excavator to reschedule the locate. If the excavator's voicemail is reached, leave a message explaining the situation and your need to re -schedule. Enter positive response code 3F only after the excavator has been reached and the new schedule arranged. 4. Enter the appropriate positive response code when one of the above three are not true. 5. If underground utilities cannot be located, Vendor must provide the best information available at that time. E. SERVICE HOURS: 1. Natural Gas Distribution Main and Service Line Locating Services shall be performed between the hours of 7:00 AM to 3:30 PM, Monday through Friday, with the following exceptions: a. Major City Arterial Streets, including State Roads and County Roads: Work permitted between the hours of 9:00 AM – 3:00 PM, to include establishing the MOT for the project. b. Right of ways, within 1000 feet of schools : No work is permitted during the hours when children are arriving or leaving school properties (beginning or ending of school days). 2. Vendor shall contact the City to obtain permission to conduct services on Saturdays and shall observe the same hours as listed above. No work shall be performed on Sundays. 3. Emergency locating services may be conducted upon approval by the City for any day or time, as needed. Vendor shall provide supplemental pricing for hourly rate for emergency services on the Bid Pricing pages. F. WORK SCHEDULE: 1. The Vendor will adhere to a work schedule as specified in Section C, Service Types and Section E, Service Hours. Any schedule variation requested by either the City or the Vendor must be accepted by the other entity in writing. 2. The City intends for the work of this contract to impact the public as little as possible. The Vendor must provide the City with a written schedule (email is acceptable) of the services prior to the start of work to ensure that notification can be provided to any citizen who may be affected by services. DETAILED SPECIFICATIONS Natural Gas – Line Locating 20 ITB # 15-16 G. PERSONNEL REQUIREMENTS: 1. All work crews will be required to wear approved company uniform, use appropriate Personal Protection Equipment (PPE), abide by any and all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a well-mannered, orderly fashion while on the City properties. 2. Vendor shall conduct a safety briefing with employees each day prior to beginning operations. 3. The Vendor shall supply competent and physically capable employees and provide appropriate supervision to the work. All personnel will be skilled in the field in which they work; that is, no unskilled laborers will perform the work. 4. All equipment shall be in optimum operating conditions, free from oil and fluid leaks and properly maintained for safety of Vendor personnel, City personnel, and City residents. H. TRAFFIC CONTROL AND PEDESTRIAN SAFETY: 1. The Vendor shall fully acquaint and comply with Maintenance of Traffic (MOT) safety requirements. If requested, the MOT plan must be submitted to and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City's Transportation and Parking Services a minimum of forty-eight (48) hours in advance of scheduled operations. 2. The Vendor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City. The winter tourist season is generally not an acceptable time to close traffic lanes for maintenance. The City reserves the right to limit the hours of operation in certain high pedestrian use areas 3. Any and all proposed traffic control shall conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, 2009 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The Vendor shall use Index 627 whenever equipment is relocated or driven on existing open travel lanes. 4. For work to be completed within the right-of-ways, the Vendor shall set up Maintenance of Traffic (MOT) per FDOT specifications and shall have a n MOT certified individual on site. If the Vendor does not have the MOT certified individual at the bid date he ma y utilize a contract agency performing the MOT; however, within thirty (30) days of contract award the Vendor must have an MOT certified individual on staff. 5. MOT services shall be provided by the Vendor for the duration of the contract and shall be included in unit pricing. I. REPORTING: 1. The parties will mutually determine an appropriate set of periodic reports to be issued by the Vendor to the City in support of this contract. 2. The Vendor shall meet with the designated City representative, at a frequency determined by the City, to review the vendor’s performance, work schedule, discuss issues, and/or address any related problems. DETAILED SPECIFICATIONS Natural Gas – Line Locating 21 ITB # 15-16 J. SPECIAL CONDITIONS: 1. All Bidders must submit proof of applicable licenses, with their bid submittal, and when requested thereafter. 2. The Vendors may be requested to provide a list of equipment to be used in the performance of the contract. Such equipment must be available for inspection by the City designee, prior to award of the contract or as requested during the contract term. 3. The Vendors may be required to provide a list (name and position) of employees it has assigned to provide the services on this contract to the City. 4. The Vendor will assist the City in reporting vandalism, graffiti, damage or public and private property in need of repair/refurbishing. For example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities and paving. 5. The Vendor will be responsive to special cond itions or unexpected problems that may occur during the course of the contract. The City expects the full cooperation and prompt response by the Vendor. K. ALL-INCLUSIVE PRICING: Prices bid shall be inclusive of all labor, equipment, material, tools, incidentals and any other service or charge necessary to complete the project. There shall be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. The all-inclusive parameters of a locate ticket (unit/ ticket), are as follows; 1. One (1) Sunshine 811 ticket can cover a linear distance of up to one mile on a street and up to 150 feet in either direction along crossing streets that are identified in the ticket. 2. One ticket can include up to five individual addresses as long as the linear distance from the first address to the last is one mile or less. For example, a single ticket can cover work b eing done at these addresses: 2000, 2003, 2004, 2006 and 2009 Main Street. 3. One locate ticket may cover an area of undeveloped land of no more than one square mile, provided that the boundaries of the undeveloped land area where the work is to be performed are described on the ticket. This ticket may also include work to be performed on any single street or right-of-way bordering the area of undeveloped land. Work to be performed on an additional bordering street or right-of-way requires a separate ticket. Work exceeding the linear or numerical unit requirements outlined above will be billed for the initial hour and then in quarter hour (¼) hour increments. CGS must approval any emergency or after hours requests prior to start of service. L. MONITORING: The Department’s Contract Manager shall monitor the Contractor’s performance in accordance with the terms and conditions set forth in this ITB and as defined in Florida Statutes and the Florida Administrative Code. To assist the Department in monitoring the resultant contract, the Contractor shall permit the Department to inspect its facilities, equipment, or data at any time during regular business hours at the discretion of the Department. DETAILED SPECIFICATIONS Natural Gas – Line Locating 22 ITB # 15-16 M. PERFORMANCE STANDARDS, LIQUIDATED DAMAGES, AND CORRECTIVE ACTION PLANS: Liquidated damages will be assessed for breach of any contract term or condition, including failure to meet defined performance standards. The Department’s Contract Manager will monitor the Contractor’s performance in accordance with the monitorin g requirements of the Contract and may determine the level of sanction to be assessed based upon an evaluation of the severity of the deficiency. Failure by the Contractor to meet any contract term, including the established minimum performance standards, may result in the Department finding the Contractor to be out of compliance with the terms of the contract, and all remedies provided in the Contract and under law, shall become available to the Department. The Department reserves the right to impose liquidated damages in the amount of $1,000.00 for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified and for failure to comply with the performance standard requirements as set forth in the resulting contract 4. MINIMUM QUALIFICATIONS. Bidder shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Bidder shall be licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Bidders shall have successfully completed two (2) contracts for similar work during the past three (3) years, in an amount comparable (within 25%) to the amount of the proposed bid total. B. Bidder employees and CGS approved subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” (OQ) with mandatory knowledge, skill and abilities, training to be completed by March 1, 2016. OQ . and all training documentation shall be furnished, via email, upon request. The Bidders’s Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a five (5) year period. Failure to provide proof of Operator Qualification compliance, and successful maintenance will disqualify the bidder from performance of the awarded bid. Training records shall be made available to CGS for auditing. C. The Bidder agrees that it has in place, or will implement a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded bidder will furnish quarterly statistical reports to CGS’s Operations Manager, or designee, to show active compliance. D. Vendor must attest to the Certification regarding Scrutinized Companies List, certifying that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. Pursuant to Section 287.135(5), Florida Statutes. The Contractor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. DETAILED SPECIFICATIONS Natural Gas – Line Locating 23 ITB # 15-16 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maint ain) 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 Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor 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 lim ited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $2,000,000 (two million dollars) per occurrence and $4,000,000 (four 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 and proof of waiver is provided to the City, 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 $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. 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, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using a ppropriate 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 and Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor 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: Purchasing Department, ITB # 15-16 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS Natural Gas – Line Locating 24 ITB # 15-16 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work perf ormed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontract ors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Natural Gas – Line Locating 25 ITB # 15-16 1. BEGINNING AND END DATE OF INITIAL TERM. April 2016 through March 2017. If the 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. CONTRACT. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Awarded Vendor’s Bid Pricing. A copy of the proposed standard contract containing all requirements is included as Attachment A, Standard Contract. The prospective vendor should closely review the requirements contained in the proposed standard con tract. Modifications proposed by the prospective vendor may not be considered. This solicitation, including all its addenda, the Department’s written response to written inquiries, and the successful vendor’s response shall be incorporated by reference in the final contract document. 3. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 4. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. One (1), two (2) year renewal possible at the City’s option. 5. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. 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. b. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for Non- Residential Construction Trades, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. No fuel surcharges will be accepted. RESPONSE ELEMENTS Natural Gas – Line Locating 26 ITB # 15-16 1. BID SUBMISSION – Submit in a sealed container:  one (1) signed original bid,  one (1) copy of the bid, and  one (1) copy in a digital format on a CD or flash drive. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Bid security included (page 2, paragraph i6) Original and proper number of copies with electronic format included Bid container properly labeled Bid Pricing form completed and included W -9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form completed and included Vendor Information form s (references, qualifications) completed and included Offer Certification form completed and included Scrutinized Companies and Bus iness Operations with Cuba and Syria Certification Form VENDOR INFORMATION Natural Gas – Line Locating 29 ITB # 15-16 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 from Address (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 Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR INFORMATION Natural Gas – Line Locating 30 ITB # 15-16 REFERENCES Instructions: The bidder shall submit a minimum of two (2) customer references for which the vendor has recently performed similar services . Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: VENDOR INFORMATION Natural Gas – Line Locating 31 ITB # 15-16 QUALIFICATIONS Instructions: The bidder shall indicate certified staff, as required, below. Additional pages may be added, if needed. Awarded vendor(s) will be required to provide proof of all certifications throughout the contract term. Complete and return with bid submittal. Operator Qualification Information: List the Operator Qualification Trainer / Program who will perform or is responsible for direct supervision of the program, minimum one (1). Name Certification No. Date of Certification Maintenance of Traffic Requirement: List the Certified Maintenance of Traffic instructor who will be responsible for MOT requirements services performed within right-of-ways, minimum one (1). Name MOT Certification No. Date of Certification Vendor Name Date: SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM Natural Gas – Line Locating 32 ITB # 15-16 PER DETAILED SPECIFICATIONS, ITEM 4, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, main taining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Act ivities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. ____________________________________ Authorized Signature ____________________________________ Printed Name ____________________________________ Title Name of Entity/Corporation ____________________________________ STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ________ day of _________________, 20____, by __________________________________________ (name of person whose signature is being notarized )________________________ (title) of _________________________________ (name of corporation/entity), personally known to me as described herein ____________, or produced a ___________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas – Line Locating 34 ITB # 15-16 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB # 07-16, Natural Gas Distribution Main and Service Line Locating Due Date: February 18, 2016, at 10:00 A.M. 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 # 07-16, Natural Gas Distribution Main and Service Line Locating Due Date: February 18, 2016, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S. Myrtle Ave., 3rd Floor Clearwater, FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 • Fax: (713) 844-1309 E-mail: info@heathus.com • www.heathus.com Heath Consultants Incorporated A Certified Woman Owned Business January 20, 2016 Alyce Benge, CPPO, C.P.M. City of Clearwater Purchasing 100 S. Myrtle Ave. Clearwater, FL 33756-5520 RE: Natural Gas Distribution Main and Service Line Locating ITB # 07-16 To Ms. Benge: Heath Consultants Incorporated is pleased to submit the following proposal for the City of Clearwater’s 2016 Service Line Locating. This technical proposal contains specific information about our operations so our clients can determine the value of our service. Heath is committed to providing high quality service to our clients at a competitive price. Please note that all Bid Bond and Insurance documents are in the proposal for your convenience. Thank you for the opportunity to submit this proposal. If you have any questions or choose to contract our services, feel free to contact our offices at 713-844-1300 or me directly at 713- 844-1303. Sincerely, HEATH CONSULTANTS INCORPORATED Gary Lape Vice President of Operations cc: Paul D. Wehnert Pam Mickel Jessie Spires William Luttrell File Exhibit B Proposal HEATH CONSULTANTS INCORPORATED 1-800-HEATH-US www.heathus.com $JUZPG$MFBSXBUFS ITB /BUVSBM(BT%JTUSJCVUJPO.BJO BOE4FSWJDF-JOF-PDBUJOH %VF+BOVBSZ BN $01: SECTION ONE STATEMENT OF QUALIFICATIONS STATEMENT OF QUALIFICATIONS Heath Consultants Incorporated (Heath) was founded in 1933, since that time we have been committed to continually improving our field techniques with an in- house training department focused on providing the best field training in the industry for our technicians. Heath is recognized as the premier world class provider of services to the utility protection markets. We have extensive experience in the natural gas industry providing services related specifically to underground natural gas systems. Heath provides accurate, on-time utility locating to protect your underground infrastructure from third party damages. We serve a variety of industries including gas, electric, telephone, water and cable throughout the United States. Our services include full project management including electronic ticket receiving and utility verification. Heath has the ability to receive One Call tickets directly, eliminating your labor costs of processing the tickets. Utility verification is one of the most crucial tools in preventing utility damage therefore Heath provides a source of knowledge to accurately update your mapping database. Heath’s Services Business Unit (SBU) concentrates on underground utility locating, natural gas leak detection, full engineered corrosion services and meter services with direct Project Management. Our extensive experience, local presence and dedicated regional recruiters allow us to meet project coordination, scheduling needs and staffing requirements. Currently, we employ approximately 1,200 technicians in the United States who specialize in the utility services industry. Heath strives to maintain a positive and respectable employee image for both our clients and us. All employees are given employee photo ID cards. These are replaced when they begin to show signs of wear. All Heath vehicles have logos on both doors and an 800 number on the back asking, "How is my driving?" with the unit number. The equipment provided to our technicians is the most technologically advanced equipment on the market today, if necessary we will employ a number of instruments and methods to ensure the most accurate locate to our clients. ASSOCIATIONS Heath Consultants Incorporated has active memberships in all the associations listed below. Our employees serve as Board and/or Committee Members where indicated. Association Membership, Board & Committee Information Provide Training # of Individual Memberships Company Membership 1. Alabama Natural Gas Association Mike Koby 2 X 2. American Gas Association Paul D. Wehnert – Distribution Operations & Maintenance Committee (DCM); World Gas Conference 2018 Task Force for Operations Engineering and Service Associates Committee; World Gas 2018 Organizing Committee Jim Rutherford – Distribution Measurement & Maintenance Gerald V. Sims – Corrosion Committee, Operations Engineering and Service Associates Committee X 3. American Public Gas Association Gerald V. Sims X 4. Arkansas Gas Association Mike Koby X 1 X 5. Carolina Public Gas Association Adam Hooper X 6. Energy Association of Pennsylvania George Lomax, Ken Cowher 2 7. Florida Natural Gas Association Adam Hooper 1 X 8. Gas Piping Technology Committee George Lomax – Manufacturers Division; Operations & Maintenance Subcommittee; Damage Prevention/Emergency Response Subcommittee Jim Rutherford – Damage Prevention/Emergency Response Subcommittee 2 9. Gas Technology Institute Paul D. Wehnert – Task Force Member X 10. Georgia Municipal Association Adam Hooper 1 11. Gild of Ancient Supplers Paul D. Wehnert – Past Mayor (District #3) Gerald V. Sims – District #3 George Lomax – District #7 Milton Heath III – District #3 Roy Montemarano – District #3 6 12. Gulf Coast Measurement Society Paul D. Wehnert X 2 13. Houston Pipeliner’s Association Paul D. Wehnert Milton Heath, III Gerald V. Sims 3 Association Membership, Board & Committee Information Provide Training # of Individual Memberships Company Membership 14. Illinois Municipal Utilities Association Drew Yando 1 X 15. International Gas Union (IGU) Paul D. Wehnert – WOC4 Distribution Committee Member 16. Interstate Natural Gas Association of America Paul D. Wehnert, Milton W. Heath, III X 1 17. Iowa Association of Municipal Utilities Drew Yando X X 18. Kentucky Gas Association Mike Koby – Board of Directors, Education Committee X X 19. Louisiana Gas Association Robert Botello – Damage Prevention Committee, Board of Directors 1 X 20. Middle Tennessee Gas Distributor Association Mike Koby 1 21. Midwest Energy Association Drew Yando - Associates Advisory Committee X 1 X 22. Mississippi Natural Gas Association Mike Koby 1 X 23. Missouri Association of Natural Gas Operators Mike Koby 1 X 24. Northeast Gas Association George Lomax Ken Cowher Eric Six – Customer Service Committee X 3 X 25. Ohio Gas Association Eric Six – Board Member X 1 26. Oklahoma Gas Association Robert Botello – Board of Directors 1 X 27. Southern Gas Association Paul D. Wehnert – Board or Directors, Chairman Associates Committee Gerald V. Sims – Associate Member Committee X 5 X 28. Tennessee Gas Association Mike Koby – D&O Committee, Affiliate Committee, Membership Committee 2 X 29. Texas Gas Association Paul D. Wehnert – Member (Past Treasurer and Board of Director) Gerald Sims – Board Member Robert Botello – Education Committee X 3 X 30. West Tennessee Gas Association Mike Koby 2 31. Western Energy Institute Patrick Jacobs – Executive Planning Committee, Service Company Committee 1 X VENDOR INFORMATION Natural Gas – Line Locating 30 ITB # 07-16 REFERENCES Instructions: The bidder shall submit a minimum of two (2) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date:)FBUI$POTVMUBOUT*ODPSQPSBUFE "UNPT&OFSHZ 10#PY %BMMBT 59 1FUF1FEFSTFO QFUFSQFEFSTFO!BUNPTFOFSHZDPN 'MPSJEB1VCMJD6UJMJUJFT $VSSFOU $VSSFOU 4%JYJF)JHIXBZ 8FTU1BMN#FBDI '- %PVH.PSFMBOE ENPSFMBOE!GQVDDPN )FBUIEPFTMPDBUJOHGPS"UNPTJO.JTTJTTJQQJ 5FOOFTTFF BOE ,FOUVDLZ8FBMTPIBWFMFBLTVSWFZDPOUSBDUTXJUIUIFN )FBUIBMTPDBSSJFTMFBLTVSWFZDPOUSBDUTXJUI'16 SECTION TWO DAMAGE PREVENTION REFERENCES DAMAGE PREVENTION REFERENCES ATMOS ENERGY Pete Pedersen P.O. Box 650205 Dallas, TX 75265 (214) 206-2791 peter.pedersen@atmosenergy.com FLORIDA PUBLIC UTILITIES Doug Moreland – Operations Manager 404 S. Dixie Highway West Palm Beach, FL 33401 (561) 838-1827 dmoreland@fpuc.com MIDDLE TENNESSEE GAS Ed Kelley – Vice President 1036 West Broad Street Smithville, TN 37166 (615) 597-4300 ekelley@mtng.com SECTION THREE FULL PROJECT COORDINATION & ADDITIONAL SERVICES FULL PROJECT COORDINATION Heath Consultants Incorporated’s damage prevention services services are designed to fit your specific needs. Our service includes full project coordination with an emphasis on customer communication. Damage Prevention Heath provides accurate, on-time utility locating to protect your underground infrastructure from third party damages. Our services include full project management including electronic ticket receiving and utility verification. Heath has the ability to receive One Call tickets directly, eliminating your labor costs of processing the tickets. Utility verification is one of the most crucial tools in preventing utility damage therefore Heath provides a source of knowledge to accurately update your mapping database. Underground mark-out services include:  Underground Locating Services  DOT 192.614 Damage Prevention Program  Sign and Marker Replacement  Sub-Surface Engineering  Field Audit and Complaint Verification  Damage and Claims Management  Ticket Management  Training Programs Safety Safety is a key element with all the employees and management at Heath. We use the Bill Sims Company/Award of Excellence (Recognition Program) to enhance our safety message at Heath. Our program is designed around a positive behavior reinforcement system. We encourage employees to look for ways to improve not only their working environment but to think safety 24/7 and we reward this positive attitude immediately. Heath has dedicated safety coordinators across the country along with a safety committee at the corporate office. In addition to the Recognition Program we also utilize the Smith System® for our fleet vehicle drivers. The Smith System is the leading provider of collision avoidance driver training. Their instructors continue to study and master techniques that are essential to understanding driver behavior. With a focus on collision prevention through hands-on training, the program concepts help fleet drivers to see, think and react to driving challenges no matter where they drive or what type of vehicle they operate. Supervision Heath provides experienced supervisors to oversee daily operation, maintain communication with you - the client, conduct field assessments of the technicians’ job performance and conduct quality control inspections of field personnel. Staffing and Training Heath maintains full time area recruiters and a dedicated field training department. All employees must complete classroom and field training plus Operator Qualification testing. Company Vehicles Heath technicians are required to participate in the Smith Driving System program before they are allowed company vehicles. The Smith System® is the leading provider of collision avoidance driver training. Their instructors continue to study and master techniques that are essential to understanding driver behavior. With a focus on collision prevention through hands-on training, the program concepts help fleet drivers to see, think and react to driving challenges no matter where they drive or what type of vehicle they operate. Our Technicians drive easily identified late model company vehicles. We take pride in presenting a professional image to your customers, on your behalf. Quality Assurance Regular on site evaluations are done with the Field Technician to assess a number of areas such as knowledge of line locating procedures, client relations, equipment calibration and vehicle maintenance. Quality Control Re-surveys are done on portions of a Field Technician’s work. The re-survey confirms that all detectable facilities have been located appropriately and within the compliance dates. The results are then reviewed with the Field Technician. Customer Satisfaction Surveys Heath’s corporate office periodically conducts customer satisfaction surveys which provide a means for customers to directly evaluate our performance and provide us with feedback on our overall operation. The surveys are sent to customers within the organization that deal with projects and our employees on a first-hand basis. When the results have been tabulated Heath can then determine the areas of operation where we are strong and where there is room for improvement. Drug and Alcohol Heath Consultants follows the drug and alcohol testing requirements outlined by the Department of Transportation. Employee Well Being Heath’s technicians are full time employees with benefits including medical, dental, 401K, accident insurance, voluntary benefits and more. One Call Center Interfacing Heath has the ability to receive One Call tickets directly, eliminating your labor costs of processing the tickets. Positive Response Heath provides an automated positive response directly from our ticket management system to the appropriate one-call center. A response is issued immediately on completion of the locate for each of the parties on the ticket for which we are responsible. The positive response is provided in whatever format and via whatever transfer mechanism has been requested by the one-call center. The positive response will be repeated until an acknowledgement message has been received from the one-call center. ADDITIONAL HEATH SERVICES Heath Consultants Incorporated also offers a wide variety of services to the utility industry, including but not limited to the following: Gas Leakage Survey Heath offers portable and mobile surveys to the midstream, upstream and downstream marketplaces. We also offer advanced leak screening services for the detection of greenhouse gas emissions (GHG). Since our inception we have committed to continually improving our field techniques with an in-house training department focused on providing the best field training in the industry to our technicians. Meter Reading & Data Collection Services Heath utilizes the latest handheld devices and data collection software to accurately manage our clients meter data. Heath has a qualified and experienced management team that provides strong direction that focuses on customer service and satisfaction. We have an excellent track record with utilities throughout the United States. Meter Maintenance, Installation & Replacement Heath technicians inspect meters for signs of atmospheric corrosion, verify meter numbers, check seals and other items that need auditing. Meter audit and change-out services ensure utilities are capturing the maximum revenue per meter installed. Depending on our client’s needs, Heath can design a maintenance, installation and meter change-out program that fits your specifications including the transition to and installation of AMR/AMI ERT devices. Instrument Repair The experienced staff at Heath will keep your field instruments in prime condition. We repair all heath products, manufactured and distributed. We also repair most competitor combustible gas indicators, multi-function gas detectors, flame ionization detectors, odor analysis equipment, mobile units, and pipe, cable and valve locators. We have repair facilities conveniently located across the United States. Training Heath is able to provide the utility industry with the highest quality of training provided by dedicated professionals. We can offer “hands on” field training and testing can be performed in conjunction with either classes or field training in order to meet company, state or federal requirements. Leakage Program Management, First Response, Gas Leak Pinpointing, and Utility Locating are just a few of the courses offered. Certificate of Completion Awarded to Brian Persenaire For Successful Completion of OQ/HCI How to Conduct Skill Performance Evaluations September 24th, 2013 Kevin Krisko – Instructor Brian Persenaire VENDOR INFORMATION Natural Gas – Line Locating 31 ITB # 07-16 QUALIFICATIONS Instructions: The bidder shall indicate certified staff, as required, below. Additional pages may be added, if needed. Awarded vendor(s) will be required to provide proof of all certifications throughout the contract term. Complete and return with bid submittal. Operator Qualification Information:List the Operator Qualification Trainer / Program who will perform or is responsible for direct supervision of the program, minimum one (1). Name Certification No.Date of Certification Maintenance of Traffic Requirement:List the Certified Maintenance of Traffic instructor who will be responsible for MOT requirements services performed within right-of-ways, minimum one (1). Name MOT Certification No.Date of Certification Vendor Name Date:)FBUI$POTVMUBOUT*ODPSQPSBUFE #SJBO1FSTPOBJSF $FSUJGJDBUFBUUBDIFE SECTION FOUR TRAINING PROGRAM & OPERATOR QUALIFICATION PLAN TRAINING PROGRAM In compliance with the Operator Qualification Rule and DOT Regulations Heath’s training protocol varies as to the types of services being provided. Based upon the function that a technician is hired to perform technicians will receive varying degrees of the following training: • Up to forty hour classroom • Up to six weeks field training • Possible qualification test(s) Quality Assurance Program • Tagging program • Survey audit • On site supervision - Monthly, quarterly and annual review process Refresher Training Heath Consultants Incorporated maintains both a full time recruiter and education training and development manager to maintain a reservoir of qualified and trained technicians prepared to meet and exceed client expectations. OPERATOR QUALIFICATION PLAN Purpose: The purpose of this plan outlines the process Heath Consultants Incorporated (hereto fore referred to as the “company”) utilizes to comply with 49 CFR 192 “Operator Qualification” (OQ Rule). The effective date of this written plan is April 27, 2001. 1. Definitions 1.1. Abnormal operating conditions – defined in 49 CFR 192.803 as a condition that indicates a malfunction of a component or deviation from normal operations that may indicate a condition exceeding design limits or result in a hazard(s) to persons or the environment. 1.2. Evaluation – defined in 49 CFR 192.803 as a process established by the company to determine an individual’s ability to performed a covered task by any of the following methods: 1.2.1. Written examination 1.2.2. Oral examination 1.2.3. Work performance history review 1.2.4. Direct observation during the job 1.2.5. Performance on the job 1.2.6. On the job training 1.2.7. Simulations 1.2.8. Other forms of assessment 1.3. Integrity – the pipelines ability to operate safely and to withstand stresses imposed during operations. 1.4. Qualified – defined in 49 CFR 192.803 as an individual who has been evaluated and can perform assigned covered tasks and can recognize and react to abnormal operating conditions encountered on the job. 1.5. Transitional – qualification completed by October 28, 2002 of individuals who have been performing a covered task on a regular basis prior to August 27, 1999 (and have continued to do so). 1.6. Pipeline facility – defined in 49 CFR 192.3 as new and existing pipeline, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation. 1.7. Covered task – defined in 49 CFR 192.803(a) as an activity identified by the company as meeting all of the following: (Four – part rule) 1.7.1. The activity is performed on the pipeline facility. 1.7.2. Is an operations and maintenance task. 1.7.3. Is performed as a requirement of 49 CFR 192. 1.7.4. Affects the operation or integrity of the pipeline. 2. Identification of covered tasks – 49 CFR 192.805(a) 2.1. This program includes a list of performed covered task(s) identified by the company using criteria set forth in the OQ Rule and as shown in 1.7 above. Regulatory Agencies and Operators, the company provides service for, can request amendments to the list. (Amendment 1) 3. Evaluations – 49 CFR 192.805(b) 3.1. Company personnel currently performing “covered tasks” on the Implementation Date of the OQ Rule (August 27, 1999) qualify under “Transitional” clause or “Work History” Note: “Work History” will not be used as the sole evaluation method after October 28, 2002. 3.2. Any person not previously qualified shall qualify according to guidelines set forth in the company’s training and development programs. The program(s) involving “covered tasks” includes at least one method of evaluation described in the OQ Rule and as shown in 1.2 above. 3.3. Evaluation methods and evaluators include management designated internal personnel and materials, approved outside resources, and Operators we provide service for; along with Regulatory Agencies’ recommendations. 4. Non-Qualified Individuals – 49 CFR 192.805(c) 4.1. Non-Qualified individuals can perform covered tasks only under direct supervision of a qualified person(s) of the company or operator. The qualified person assumes responsibility, ensuring safe performance of covered task: including being in position to take immediate corrective action in necessary. 5. Evaluations Following Incidents – 49 CFR 192.805(d) 5.1. If determined by the company, Operator or Regulatory Agency, qualified person(s) contributed to an incident involving a covered task, the company ensures involved person(s) will no longer perform covered tasks without direct supervision until evaluated and deemed qualified by company and or Operator. 5.2. If company or Operator reasonably deems person(s) is no longer qualified to perform covered task, identified person(s) may no longer perform covered task without direct supervision until evaluated and qualified by company and or Operator. 6. Evaluations Related to Performance – 49 CFR 192.805(e) 6.1. The company or Operator requires an individual to be evaluated if there is reason to believe that the individual is no longer qualified to perform a covered task. This could occur if the individual displays unsatisfactory performance of the task or there is any reason to believe the individual can no longer perform the covered task in a qualified manner. 6.2. If the company or Operator has reason to believe that an individual is no longer qualified to perform a task due to unsatisfactory performance or any other reason, the individual’s status will be revised to non-qualified, and will be restricted from independently performing the covered task until evaluated and qualified in accordance to 1.2 above. 6.3. The company will be responsible for determining if an individual is no longer qualified to perform a covered task due to unsatisfactory performance or other reasons and will ensure that the individual is evaluated and qualified before resuming performance of the covered task. Evaluation methods and evaluators include management designated internal personnel and materials, approved outside resources, and Operators we provide service for: along with Regulatory Agencies’ recommendations. 7. Communication of Changes – 49 CFR 192.805(f) 7.1. The company realizes the constant changes in the industry impacting the performance of covered tasks. These changes shall be communicated to the qualified personnel in the most efficient and effective manner available to the company. Channels of communication include, but are not limited to: redesign of internal program(s) and material including evaluation if necessary, written bulletins, electronic generated notices, amendments to the OQ Plan, and/or recommendations from Regulatory Agencies or Operators. 8. Evaluation Intervals – 49 CFR 192.805(g) 8.1. All personnel performing covered tasks and participating in the company’s quality program shall subsequently re-qualify no later than the end of the third calendar year since their last recorded qualification. The evaluation shall include at least one of the methods described in 1.2 above. Any person(s) who has not performed a specific covered task during a rolling twelve month period, must qualify before performing specific task; evaluation to include at least one method indicated in 1.2 above. 9. Record Keeping – 49 CFR 192.807 9.1. The company will provide documentation of qualified personnel including identification of the person, covered task qualified to perform, date of qualification and method of evaluation. 9.2. The company shall maintain these records for no less than a five-year period following the last qualification date of each person, including person(s) leaving the company. 9.3. This information is available to Regulatory Agencies and Operators having a vested interest. 9.4. The current method of maintaining records are electronic data and hard copy: at corporate headquarters and regional locations. Programs and locations may change as technology improves. 10. Implementation – 49 CFR 192 The company complies with the dates and requirements stated in the OQ Rule. (Work History cutoff date, August 27, 1999: Effective date of the rule, October 26, 1999; Publication date of written plan, April 27, 2001; Date after which all persons performing covered tasks are qualified under this plan, October 28, 2002.) Covered Task List 1. Leak Survey 1.1. Perform leakage surveys: Transmission lines – 49 CFR 192.706 1.2. Perform leakage surveys: Distribution lines – 49 CFR 192.723 2. Patrolling 2.1. Patrolling transmission lines – 49 CFR 192.705 2.2. Patrolling distribution lines – 49 CFR 192.721 3. Line Locating 3.1. Locate and temporarily mark buried pipelines in an excavation area – 49 CFR 192.614(c)(5) 3.2. Standby for prevention of damage to pipelines – 49 CFR 192.614(c)(6) 4. Corrosion Control 4.1. Monitor/test for cathodic protection – 49 CFR 192.465(a) 4.2. Monitor/test for atmospheric corrosion – 49 CFR 192.481 5. Valve Maintenance 5.1. Operate valve to discontinue service to a customer – 49 CFR 192.727(d) 5.2. Inspect/maintain distribution valves – 49 CFR 192.747 Pre-Productive Field Test Date: __________________ Locator’s Name: __________________ YES NO N/A SAFETY Does locator know what confined space is?    Does locator know our confined space policy?    Does locator know to wear safety vest and face oncoming traffic when working in or near roadway?    Does locator know to stay away from blowing gas and not to use electronic equipment or telephones near blowing gas?    Does locator know the flammable limits of natural gas?    Does locator know to wear hard hat in construction areas?    PAPERWORK Does locator know how to fill out log sheets properly?    Does locator know how to fill out time sheers properly?    Does locator know how to communicate with Contractor and document?    Does locator know how to fill out tickets properly?    YES NO N/A PROCEDURES Does locator know proper marking procedures for the following: Paint    Flags    Offset    Safe Dig    Does locator know proper grounding procedures?    Does locator know the procedures for an emergency locate?    LOCATING Does locator know how to hook up conductively?    Does locator know how to use the inductive clamp?    Does the locator know how and when to locate inductively? How?    When?    Does locator know not to ground over other utilities?    Does locator know how to read tickets and determine locate area?    Does locator know how to take pictures and document pictures properly?    YES NO N/A Does locator know to look for services crossing road when work is in roadway?    Does locator know how to spot valve and manholes, test stations, pedestals, reg stations, transformers, etc?    Does locator know where gas lines are insulated?    Can locator identify an anode less riser?    Can locator read utility mapping for the following: Gas    Electric    Telephone    CATV    Water    Sewer    EQUIPMENT Can locator properly change batteries in all equipment?    Does the locator know the proper operation of the following: LS-800    LS-990    LS-300    Sure-Lock 8.1    YES NO N/A Sure-Lock 81    Sure-Lock 480    50-60 cycles    Pipe Horn    Ball Locator    PAINT Does locator know the utility paint color codes? Electric Red    Telephone Orange    Gas Yellow    Sewer Green    Water Blue    CATV Orange/Purple    VEHICLE Does locator know when and how to check oil in truck?    Does locator know when to have oil in truck changed?    Does locator know how to use the Wright Express Card?   What is your Write Express pin number?    YES NO N/A VISION STATEMENT Does locator know our Vision Statement?    Locator’s Signature__________________________________________ Trainer/Instructor’s Name _____________________________________ Approved to become billable___________________________________ (Must have Trainer/Instructor’s Signature) Comments: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ SECTION FIVE QUALITY ASSURANCE PROGRAM QUALITY ASSURANCE PROGRAM The Quality Assurance Program was developed to help reduce the frequency of damages incurred by underground facilities. Each of Heath Consultants Incorporated Damage Prevention Division’s locating projects is staffed with a Q.A. leader. It is this person’s responsibility to assure that all field personnel are following proper locating procedures. This is accomplished by performing field audits and on sight training. The purpose of these audits is to help prevent the same situation from occurring again. The frequency of the audits will be determined by specs included in specific project contracts or if none are included, by Divisional, Field Services and Quality Assurance Managers. Along with verifying the accuracy of locates the Q.A. leader will also check for proper and accurate documentation of all field paperwork. The Quality Assurance Leaders will also monitor all training being done on their specific projects. All locators must pass both a written and a field test before they are allowed to complete one-call tickets on their own. All of the information collected by the Q.A. Leader is sent to the Q.A. Manager, who then completes the monthly reports. These reports are then sent to the specific customer contacts and the project managers for further follow up with their field supervisors. The members of the Quality Assurance Department are not responsible for the profit/loss of the projects; however, they must be mindful of productivity, efficiency and cost when reviewing field technicians and project operations. Their quality assurance efforts provide key support to the Project Managers in their efforts to provide a quality service in a profitable manner. In addition to Quality Assurance Audits, the QA Team is responsible for the tracking and maintenance of Damages. In a perfect world, damages would not occur; unfortunately it is an every day part of life in this industry. Our best efforts must be made to eliminate “at-fault” damages and educate the excavators in the process. Overseeing and auditing damages will help us develop and efficient operation with a minimized liability. RISK ASSESSMENT / QUALITY EVALUATION Procedure A supervisor physically walks with the field technician on a regularly scheduled basis to observe performance. Schedule All field technicians are evaluated once per month. Evaluation Field technicians are evaluated for personal, public and client relations, ability, knowledge of leak survey procedures, properties of natural gas, equipment calibration and vehicle maintenance. Summary A conclusion is drawn and follow-up improvement goals are set with the employee. The information is then documented on the “Risk Assessment / Quality Assurance forms”. AUDITING PROCEDURES General Quality Assurance Leaders will perform audits on a random rotation that ensures that every locator is audited. Re-auditing may occur at any time when problems occur and it is deemed necessary. Request for a locator to be audited can be made at any time. Audit Procedure: 1. Audits will be conducted in a consistent, unbiased manner. 2. Crew Leaders, Team Leaders, QA Leaders, Trainers and Project Managers may conduct audits. 3. A minimum of 3% of locates per year will be audited unless a contract specifies a higher percentage. 4. Every technician will be audited a minimum of once each quarter. Technicians with less than 6 months with Heath will be audited a minimum of once each month. 5. Audits shall be documented at each damage site. 6. The field technician will be evaluated on a minimum of the following items:  Accuracy of the facility locate  Clarity of the locate marks  Complete coverage of the instructions on the ticket  Daily production  Proper locate documentation 7. The QA Leader will meet with the technician to discuss the audits in a timely manner. 8. The QA Leader will submit a memo with recommendations to a Manager at the Project office. THE FIELD AUDIT The field audit will be the prime resource in the expected success of our Quality Assurance Plan. Audit Evaluation The field technician will be evaluated on a minimum of the following items: • Accuracy of the facility locate • Clarity of the locate marks • Complete coverage of the instructions on the ticket • Daily production • Proper locate documentation Unacceptable Audit An unacceptable audit represents a locate where facilities were in danger of being damaged due to poor field performance. A score of this nature would result in any one or a combination of the following: • Employee suspension or dismissal • Written reprimand • Additional training • Training report Below-Standard Audit Where facilities were not in danger of being damaged, due to field practices where the field locate lacked important attention to detail in some manner, the following will occur: • Verbal coaching or counseling • Additional training • Training report Acceptable Audit An acceptable audit represents a locate where all efforts were made to protect all customer facilities. In addition, the locator has gone above standards and provided extra information to the excavator involved. Audit Scores Audit Scoring The following scores for each locate and an overall audit score will be used: • Excellent (E) • Satisfactory (S) • Needs Improvement (N) • Unsatisfactory (U) Note: The above scores will be based on the QA Audit Procedure item number 6. The overall audit score will be at the discretion the auditor based on overall audit scores and severity of any inadequate scores. For tracking purposes, an ‘E’ or ‘S’ will be considered Adequate (‘pass’ on the old form), while ‘N’ or ‘U’ will be considered Inadequate (‘fail’ on the old form). I will send a new Daily Summary form to your office with the next envelope from Houston. SECTION SIX DAMAGE PROCEDURES Damage Procedures (Client Level) The client shall notify Heath Consultants’ project office of all occurrences of damages. A meeting between client member and Heath Consultants’ project member will determine responsibility for the damage. At this time, a damage investigation report (field portion) is completed by a Heath Consultants’ project member. Any damage determined to be the responsibility of Heath Consultants should be invoiced to the project office and sent to the Division office in Houston within 10 working days. Establish monthly meetings to discuss questionable damages. Damage Procedures (Division Office Level) Clients should mail invoices to the Houston office where a log of damages is kept as to date received, amount of invoice, date invoice is faxed to project office. At this point, the invoice is logged as pending. At the project level, the faxed invoice is reviewed and approved for payment. The appropriate back-up is attached to the faxed invoice and sent to the Houston office. When the Houston office receives the invoice from the project offices, the log of damages is completed as to date received from project office, and date purchase order is processed. Damage Procedures (Project Level) • Heath (project level) gets call about damaged utility • Damage is documented on damage log • First alert--office notifies closest field personnel to respond for initial investigation • Office personnel begins research for ticket • Upon arrival to damaged utility scene, 1st responder asks office personnel for ticket research findings • If 1st responder is not a member of management, member of management should be called to document actual damage • Heath personnel should complete field part of damage report • Damage report is turned in to designated Heath personnel for completion of damage report • Damage report is signed by appropriate project level management • AT FAULT DAMAGE REPORTS ONLY--Copied and sent to QA Dept. • NOT AT FAULT DAMAGE REPORTS kept at project level QA Leader will provide locators with training and a training report for all at fault damages. DAMAGE PROCEDURES 1. The client shall notify Heath Consultants’ Project office of all occurrences of damages. 2. The Project office will give the client the next number in the damage log and fill in all available information in the log. 3. A Crew Leader or above will be dispatched to the damage site by the Project office. 4. A ‘Damage Investigation Report’ is completed at the damage site. (A QA report will also be generated.) 5. For at fault damages, training of the technician shall be conducted on-site and a training report generated. 6. Remaining information for the damage log is filled in when the damage investigation is turned in to the Project office. In most cases this should occur the same day as the damage but no later than one working day after the damage. 7. A project supervisor will fill out the damage close out section of the ‘Damage Investigation Report’. 8. The original damage log and all original damage information will be turned in to the Division office weekly. Any damages not received with the log will be followed up with a call to the Project office. 9. The Division office will make a folder for each damage with the damage number on the tab of the folder and file them by Project and number. 10. The damages will be entered into a database from the damage log. The log will be filed at the front of the file with the damages for each Project. 11. A meeting between the client and Heath Consultants may be needed to determine responsibility for the damages. 12. Damage invoices are sent to the Division office in Houston and will be copied to the project office if they came from the client to the Houston Office. 13. Invoices will be matched to the damage file to determine responsibility. If Heath is at fault, Project Manager approval is required if over $2000.00 14. If Heath is at fault, the invoice will be forwarded to the QA Manager and then the Corporate Accounting Department for payment. If an invoice is received for a damage where Heath was determined not to be at fault, the Project office will be informed and further discussions with the client will need to take place. SECTION SEVEN FIELD EQUIPMENT FIELD EQUIPMENT Heath Consultants has a unique competitive advantage over other service providers because we not only manufacture the equipment that is utilized in the field but we also perform services with our equipment which gives our in-house field experts the opportunity to provide us with valuable input and feedback on the products design and function in the field. Heath utilizes the latest technology in the field. Depending on the survey, conditions, and contract requirements, all or select equipment as described below may be used in the performance of your survey. Sure-Lock™ All Pro This multi-frequency pipe and cable locator is designed to increase locating accuracy and productivity. With a broad spectrum of frequencies, ranging from 8.1K to 480 kHz, a field technician can easily locate audio, radio, and ultra-high frequencies. The All Pro even finds poor conductors such as bare steel, cast iron, unbonded cable, broken tracer wire and helps verify dead end utilities. One unique feature is continuous depth reading, which helps us from straying off the intended target. Sure-Lock™ Utility Pro The Utility Pro radio frequency locator works well on all buried utilities with conductive capabilities. The Utility Pro has an active 81 K hertz frequency with depth and left-right, it also has a passive frequency of 50-60 hertz without depth or left-right. This model can be used both conductivity (connected directly to the utility) or inductively (setting the transmitter over the path of the utility). Excellent results have been achieved on gas, water, electric, telephone, and cable TV. SECTION EIGHT DRUG AND ALCOHOL POLICY Heath Consultants Incorporated Policy Manual - EXCERPT Policy Subject: Drug and Alcohol Abuse Prevention Issued By: HR Approved By: CHH Updated: 10/2014 Complying with U.S. Department of Transportation Regulations 49 CFR Parts 40 and 199 In order to protect employees, the public and Company property from any danger that may result from the use of drugs, and to meet our obligations under applicable federal regulations, Heath is committed to assuring that all employees perform their duties free from the influence of illegal or inappropriately used drugs, and we will consider any job applicant who illegally uses drugs to be ineligible for employment with Heath. It is our objective to provide and maintain a safe, drug-free work environment. All employees are required to abide by this policy as a condition of employment. Alcohol Use/Illegal Drug Use/Criminal Drug Convictions: Employees who inappropriately use alcohol or who use, distribute, buy, sell, transfer or possess illegal or prohibited drugs in any amount, at any time on Company premises, in a Company vehicle or while performing any work-related activities, whether on or off Company premises, will be subject to disciplinary action up to and including termination. For purposes of this policy, an “illegal drug” is any controlled substance that cannot be legally obtained, or that, although available legally, has been obtained illegally. A “controlled substance” is any substance listed on Schedules I through V of the federal Controlled Substances Act. “Prohibited drugs” are marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP), the five drugs that the United States Department of Transportation (“DOT”) has specifically named under Federal regulations (49 CFR Part 40 and Part 199). The conduct prohibited by this policy includes use of any illegal or prohibited drug not only during working time, but also prior to reporting to work and during breaks and meal periods. Violation is grounds for immediate termination of employment. Under the authority of the Federal Drug-Free Workplace Act, this policy requires employees to report any conviction for a criminal drug violation in our workplace, within five days after the conviction. The steps the Company takes next will depend upon the nature of the conviction, the employee’s record with the Company and whether or not the employee is in a safety-sensitive position. Discipline, up to and including termination will be imposed. Use of Prescription Drugs: Employees who are undergoing medical treatment with a prescribed drug or controlled substance, or who are taking an over- the-counter drug that may alter their physical or mental ability, must report or have their physician report this fact to their supervisors. An employee may be required to provide the Company with a copy of the prescription and/or other medical verification. It may be necessary to change an employee’s job assignment while the employee is undergoing such treatment, or, if no suitable position is available, the employee may be placed on a medical leave of absence. Purchase, sale or transfer of a prescription drug by one employee to or from another while on Company premises or while performing any work-related activities, whether on or off Company premises, is prohibited. Violations may result in termination of employment. Drug Testing: All offers of employment for any position with the Company will be conditioned upon the satisfactory results of a NON-DOT drug test or a test for the five DOT-specified “prohibited drugs.” The physical and drug test will be done at Company expense. In addition, under the DOT regulations all employees in the following Service Business Unit (SBU) “covered” positions will be subject to random testing for the five prohibited drugs: Quality Assurance Manager Team Leader Field Services Manager All Field Technicians Project Manager Quality Assurance Leader Technical Services Specialist Sales Consultant Safety Director Meter Readers/Service Techs Fleet Manager Other positions may be added in the future if it is determined that the duties of the position include safety- sensitive activities under DOT regulations. Whenever the Company determines that there is reasonable basis to suspect that an employee has violated the policy regarding use of any illegal or prohibited drug while on Company premises or while performing any work- related activities, whether on or off Company premises, that employee will be required to undergo drug testing. Covered employees will also be required to undergo drug testing following certain kinds of accidents as defined in the DOT regulations. Employees who are performing non-covered positions must first pass a pre-placement drug test for the five prohibited drugs before being promoted to, transferred into, or otherwise allowed to perform the duties of a covered position. Such employees immediately become subject to the random, reasonable cause and post-accident testing requirements of these positions. Drug Testing Procedures: All Company-required drug testing will be by urinalysis and will be performed at Company expense. Testing will be conducted by a laboratory certified under the Guidelines for Federal Workplace Drug Testing of the US Department of Health and Human Services. Test specimens will be subject to an initial screening test and, if the result is positive, will be subject to a second, confirmatory test by gas chromatography/mass spectrometry or an equally reliable methodology. Any employee to be tested for drugs is required to give written consent to the testing and to sign a release authorizing the testing laboratory to provide the test results to the Company. Failure to give consent or to sign the release is grounds for immediate termination of employment. Test results will be maintained by the Company’s Medical Review Officer (a physician with specialized training in substance abuse detection and treatment), who will advise the Company only as to whether the test results were negative or positive. A copy of the results of a Company- required test will be provided to the employee tested upon written request. An employee whose drug test result is positive may request that the original sample be retested, at the employee’s expense, if that request is made within sixty days. Consequences of a Confirmed Positive Drug or Alcohol Test or Refusal to Submit to a Drug or Alcohol Test: An employee who has a positive drug and/or alcohol test result, or who refuses to submit to a drug and/or alcohol test, is subject to immediate termination of employment. Drug and alcohol testing for vehicle accidents and work related injury or illness: Employees will be required to take a NON-DOT drug and alcohol test after any vehicle accidents and any work related incidents. Employee Assistance Program: The Company will periodically display and distribute educational materials to all employees regarding the dangers and consequences of drug use. In addition, in the Heath Anti-drug Plan and in the Employee Manual issued to each employee will be printed a list of NATIONAL HOTLINE NUMBERS that employees can use to seek assistance for drug and alcohol abuse and related problems. Finally, supervisors will receive additional, specialized training in identifying symptoms of probable drug use for making “reasonable cause” determinations. Each employee will receive a copy of the Company’s Anti-Drug Plan, together with a copy of the anti-drug policy, and will be required to sign a statement acknowledging that he/she has received and read these documents and that he/she understands the consequences of any violation of this policy. Distribution: All employees SECTION NINE SAFETY POLICY MANUAL © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Safety Policy Manual For Heath Consultants Incorporated Services Business Unit © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 1 Safety Policy Table of Contents I. Objective II. Policy III. Applicability IV. Implementation V. Administration VI. Reporting Injuries VII. Notifications VIII. Hazard Communications IX. Noise Exposure/Hearing Conservation X. Basic Safety Rules A. General Safety B. General Field Safety C. Leak Survey Safety D. Contract Locating Safety E. Meter Reading Safety XI. Ladder Safety XII. Fire Extinguisher Program XIII. Benzene Awareness XIV. Bloodborne Pathogens XV. Asbestos Awareness XVI. Confined Space/ Permit Confined Space XVII. Electrical Safety: Qualified/Non-Qualified XVIII. Lockout/Tag-out XIX. Respiratory Protection XX. Rigging Material Handling XXI. Trenching/Shoring/Excavations XXII. Recordkeeping A. Training Records B. Medical Records C. OSHA Records D. Sharps Injury Log © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 2 XXIII. Enforcement of Safety Policy XXIV. Attachments A. Job Safety Checklist B. Employee Warning Notice C. Safety Meeting Report D. Supervisors Report of Accident E. Approach distances for Qualified Employees (Electrical) F. Risk Assessment Report G. Safety Inspection Form H. Employee Acknowledgment Form © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 3 Heath Consultants Incorporated Safety Policy I. OBJECTIVE The Safety Policy of Heath Consultants Incorporated is designed to comply with the Standards of the Occupational Safety and Health Administration, and to endeavor to maintain a safe and injury/illness free workplace. A copy of the OSHA Safety and Health Standards 1926 and 1910 are available for all employees use and reference. These Standards shall be available in the home office at all times and will be sent to the jobsite on request. (Also available on OSHA web site at “http://www.osha.gov/index.html”) Compliance with the following Safety Policy and all items contained therein is mandatory for all employees of the company. The authorization and responsibility for enforcement in the services business unit has been given primarily to the vice president of operations through the training & development department. The directors of services and project managers share in this responsibility as well. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 4 II. POLICY It is company policy that accident prevention be a prime concern of all employees. This includes the safety and well being of our employees, subcontractors, and customers, as well as the prevention of wasteful, inefficient operations, and damage to property and equipment. It is the policy of Heath Consultants to provide and maintain safe and healthful working conditions, and to follow operating practices that will safeguard all employees and other persons involved, and result in safe working conditions and an efficient operation. Every employee, supervisor and management member is personally responsible for reporting hazardous conditions and unsafe work procedures that can cause injury to fellow employees or damage property. Each employee also has a personal responsibility to act in a safe and responsible manner in all phases of our company's operations, and at all times while on company property. Special policy note regarding entry to “confined space:” Heath requires its employees to have proper training and equipment prior to entering a confined space. If you have not received the confined space training, or if you are trained, but do not have the required safety equipment, you must not enter a confined space. Doing so will result in the immediate termination of your employment with Heath. Total compliance to all rules and regulations set forth in the special and separate confined space training will be adhered to. A Heath identification card with an expiration date will be issued that indicates that the employee has had confined space training. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 5 III. APPLICABILITY This Safety Policy applies to all employees of Heath Consultants Incorporated, regardless of position within the company. The Safety Rules contained herein apply to all subcontractors and anyone who is on a company project site. Every employee is expected to comply with the Safety Policy, as well as OSHA Health and Safety Standards. IV. IMPLEMENTATION This Safety Policy supports six fundamental means of maximum employee involvement: A. Management commitment to safety. B. Minimum frequency of monthly “tool box” safety meetings at all jobsites. C. Effective job safety training for all categories of employees. D. Job hazard analysis provided to all employees. E. Audio and/or visual safety presentations given at jobsites or project meetings by the project manager. F. Various incentive awards for exemplary safety performance where applicable. The project manager will meet with project employees at least once a month to evaluate all areas of safety and make recommendations to the company vice president of operations. V. ADMINISTRATION The Safety Policy will be carried out according to guidelines established and published in this and other related procedures. Specific instructions and assistance will be provided by the training and development department as requested. Each supervisor will be responsible for meeting all of the requirements of the Safety Policy, and for maintaining an effective accident prevention effort within his or her area of responsibility. Each supervisor must also ensure that all accidents are thoroughly investigated and reported to the corporate human resources department on the same day of the occurrence. Violations of the Safety Policy, such as not following verbal or written safety procedures, guidelines, rules, horse play, failure to wear selected PPE, abuse of selected PPE, etc., will result in disciplinary actions up to and including termination. VI. NOTIFICATIONS A. In Case of Serious Injury or Death After the injured has been taken to the hospital, the supervisor shall notify the corporate human resources office and the project manager as soon as possible. Statements from witnesses shall be taken. Statements are to be signed by witnesses and should include the time and date. Photographs of the area where the incident occurred and any other relevant items are to be taken. The project manager will assist in the investigation. The completed accident report form will be sent to the corporate human resources office. B. In Case of Inspection by OSHA Inspector The supervisor must notify the training and development department that an OSHA Inspector is on the jobsite. It is the responsibility of all employees to make the inspectors visit on the jobsite as pleasant and timely as possible. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 6 VII. REPORTING OF INJURIES While all incidents should be investigated, the extent of such investigation shall reflect the seriousness of the incident utilizing a root cause analysis process or other similar method. Required incidents must be verbally reported to OSHA within 8 hours of their discovery. Incidents must also be reported to the owner client as soon as possible or in a timely manner (within 24 hours of incident). Individual responsibilities for reporting and investigation must be pre-determined and assigned prior to incidents. Personnel must be trained in their roles and responsibilities for incident response and incident investigation techniques. Training requirements relative to incident investigation and reporting (Awareness, First Responder, Investigation, and training frequency) should be identified in the program. Equipment may include some or all of the following items; writing equipment such as pens/paper, measurement equipment such as tape measures and rulers, cameras, small tools, audio recorder, PPE, marking devices such as flags, equipment manuals, etc. Initial identification of evidence immediately following the incident might include a listing of people, equipment, and materials involved and a recording of environmental factors such as weather, illumination, temperature, noise, ventilation, etc. Evidence such as people, positions of equipment, parts, and papers must be preserved, secured, and collected through notes, photographs, witness statements, flagging, and impoundment of documents and equipment. Witness interviews and statements must be collected. Locating witnesses, ensuring unbiased testimony, obtaining appropriate interview locations, and use of trained interviewers should be detailed. The need for follow-up interviews should also be addressed. Incident investigations should result in corrective actions. Written incident reports should be prepared and include an incident report form and a detailed narrative statement concerning the events. The format of the narrative report may include an introduction, methodology, summary of the incident, investigation board member names, narrative of the event, findings and recommendations. Photographs, witness statements, drawings, etc. should be included. Lessons learned should be reviewed and communicated. Changes to processes must be placed into effect to prevent reoccurrence or similar events. All employees will be held accountable for filling out a “Supervisor’s Report of Accident” (Attachment D) with their supervisor, immediately after an injury occurs, even if medical treatment is not required. (Notice must be made at or near the time of the injury and on the same day of the injury.) Employees must report the injury to their supervisor. A casual mentioning of the injury will not be sufficient. Failure to report an injury immediately (meaning at or near the time of the injury and on the same day of the injury) is a violation of the Safety Policy, and may result in immediate termination, in accordance with company policy. Supervisors are required to submit the report of accident to their division offices as soon as possible. Notification must be made to the HR department of the injury. If the employee needs medical attention, the supervisor will assist the employee in arriving at a medical facility for treatment (if needed). The supervisor will remain with the employee until the treatment has been completed or employee is admitted into a treatment facility (i.e. hospital). It is the supervisor’s responsibility to ensure the employee gets home safely. Once an employee has been released by the treatment facility, the supervisor may be required to drive the employee to his/her home to ensure their safe arrival. Vehicle accidents where no employee injury has occurred, should be reported on an “Automobile Loss Report” © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 7 VIII. PROCESS SAFETY MANAGEMENT/ CONTRACTOR RESPONSIBILITIES Each contract employee must be trained in the work practices necessary to perform his/her job by Heath Consultants Inc. Each contract employee must be instructed in the known potential fire, explosion or toxic release hazards related to his/her job and the process and the applicable provisions of the emergency action plan. Records which contain the identity of the contract employee, the date of training & the means used to verify that the employee understood the training must be maintained. The purpose of Process Safety Management is to prevent or minimize consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals in various industries such as refineries, etc. Contractor employees shall abide by employers safe work practices during operations such as lockout/tagout, confined space entry, opening process equipment or piping and controls over entrance to facility. The contract employer shall advise the employer of any unique hazards presented by the contract employer's work, or of any hazards found by the contract employer's work. Contract employees shall not perform hot work until a hot work permit is obtained from employer. The permit shall document that the fire prevention and protection requirements in have been implemented prior to beginning the hot work operations. Employees must immediately report all accidents, injuries and near misses. An incident investigation must be initiated within 48 hours. Resolutions and corrective actions must be documented and maintained 5 years. All contract employers must respect the confidentiality of trade secret information when the process safety information is released to them. IX. HAZARD IDENTIFICATION & RISK ASSESSMENT The hazard identification process will identify potential hazards by the use of JSA's, JHA's, facility wide or area specific analysis/inspections. The program is to ensure the following: • Ensure employees and/or sub-contractors are actively involved in the hazard identification process and hazards are reviewed with all employees concerned. • Is used for routine and non-routine activities as well as new processes, changes in operation, products or services as applicable. • Identify hazards are classified/prioritized and addressed based on the risk associated with the task / (Risk analysis matrix outlining severity and probability). • Demonstrate how identified hazards are addressed and mitigated. This can be accomplished by dedicated assignment, appropriate documentation of completion, and implemented controls. • State employees will be trained in the hazard identification process including the use and care of proper PPE. X. WORKING ALONE A hazard assessment shall address hazards and identify control measures in order to minimize risk associated with working alone. To establish an effective means of communication between the lone employee and designated check, radio, cellular or satellite phones, electronic monitoring devices or other forms of direct, reliable correspondence will be used. Individuals must be monitored at regular intervals, or the individual contacts the employer at pre-determined intervals based on determinations made in the risk assessment. The management staff is responsible for check-in with the lone employee at regular intervals. A backup form of communication in the event primary correspondence is unavailable will be established using one of the effective means of communication. Documentation of the employee status at the check in intervals must be obtained. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 8 Specific procedures for emergency response including provisions for contacting appropriate local officials will be established based on determinations made in the risk assessment. Employee search will be necessary based on the following criteria: 1) Lone employee check-in not obtained for more than two intervals. 2) Primary and back-up forms of communication failure. XI. HAZARD COMMUNICATIONS The company has established a written Hazard Communication program. All current and newly hired employees potentially exposed to chemicals must attend a HAZCOM training program. The program was developed to inform and train employees concerning the use and dangers associated with hazardous chemicals, controlling hazards, proper labeling of containers and understanding the use of Material Safety Data Sheets (MSDS). (See Hazard Communication Manual) XII. NOISE EXPOSURE/HEARING CONSERVATION Heath Consultants shall institute a training program for all employees who are exposed to action level noise. The training shall be repeated annually for each employee. Training shall be updated consistent to changes in PPE and work processes. Heath shall make available to affected employees copies of the noise exposure procedures and shall also post a copy in the workplace. Heath shall also allow the Assistant Secretary and the Director access to records. Heath shall administer a continuing effective hearing conservation program when employees are exposed to sound levels greater than 85 dbA on an 8 hour time-weighted average basis. When information indicates that employee exposure may equal/exceed the 8 hr time-weighted avg. of 85 decibels, the employer shall implement a monitoring program to identify employees to be included in the hearing conservation program. The employer shall establish & maintain an audiometric testing program by making audiometric testing available to all employees whose exposures equal or exceed an 8-hr. time- weighted avg. 85 decibels. Within 6 months of an employee's first exposure at or above the action level, the employer shall establish a valid baseline audiogram against which future audiograms can be compared. When a mobile van is used, the baseline shall be established within 1 yr. Testing to establish a baseline audiogram shall be preceded by at least 14 hours without exposure to workplace noise. Hearing protection may be used to meet the requirement. Employees shall also be notified to avoid high levels of noise. At least annually after obtaining the baseline audiogram, the employer shall obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels. Each employee's annual audiogram shall be compared to that employee's baseline audiogram to determine if the audiogram is valid and if a standard threshold shift has occurred. If a comparison of the annual audiogram to the baseline audiogram indicates a standard threshold shift, the employee shall be informed of this fact in writing, within 21 days of the determination. If a threshold shift has occurred, use of hearing protection shall be re-evaluated and/or refitted and if necessary a medical evaluation may be required. Hearing protection shall be provided at no cost to employee(s). Hearing protection shall be replaced as necessary. Employers shall ensure that hearing protectors are worn. Employees shall be properly trained in the use, care & fitting of protectors. Heath shall evaluate hearing protection for the specific noise environments in which the protector will be used, shall maintain accurate record of all employee exposure measurements and that all records are maintained as required by the regulation XIII. BASIC SAFETY RULES Your safety and health are very important. Some ways that you can avoid injury are: • Learn to recognize the hazards that cause accidents and the ways to get hazards corrected. • When you see an unsafe condition or work method, tell your supervisor so that action can be taken before someone gets hurt. • If there is doubt about the safety of a job, ask questions. Your supervisor or other employees can help. • Become knowledgeable about all the safety practices of your job. The performance of every job must always be based on the safest practice to protect you, your coworkers, and the general public. A person(s) who has a valid certificate in first aid training, the American Red Cross or equivalent shall be available at work sites to render emergency first aid • Protect yourself. Wear the personal protective equipment required to do the job safely. • Provisions shall be made prior to commencement of a project for prompt medical attention in case of serious injury • First aid supplies shall be easily accessible when required • First aid kits shall consist of appropriate items which will be adequate for the environment in which they are used. For construction operations, items shall be stored in a weather proof container with individual sealed packages of each type of © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 9 item. Employers should ensure the availability of adequate first-aid supplies, and periodically reassess the demand for supplies and adjust their inventories. For construction operations, first aid kids shall be checked before being sent out to each job and at least weekly. • Proper equipment for prompt transportation of the injured person to a physician or hospital or a communication system for contacting necessary ambulance service shall be provided. • In areas where 911 is not available The telephone numbers of the physicians, hospitals or ambulances shall be conspicuously posted. • Support safety efforts at your location, get involved; you can make the program work. • You have the primary responsibility for your own safety. A. General Safety 1. Compliance with applicable federal, state, county, city, client, and company safety rules and regulations is a condition of employment. 2. All injuries, regardless of how minor, must be reported to your supervisor and the corporate human resources department immediately. An employee who fails to fill out a " Supervisor’s Report of Accident " (Attachment D) with their supervisor, and send it to the corporate human resources department can be issued a safety violation notice (Employee Warning Notice - Attachment B) and may be subject to termination, in accordance with company policy. In the event of an at fault accident involving personal injury or damage to property, all employees involved in any way will be required to submit to drug testing. 3. Field technician’s clothing must provide adequate protection to the body. Heath uniform shirts with sleeves (short or long) and long pants will be worn at all times. No shorts are to be worn on projects. Closed toe shoes are required. 4. All personnel will be required to attend safety meetings and record attendance on the Safety Meeting Report (Attachment C) as stipulated by project requirements in order to meet OSHA Safety Standards. 5. Firearms, alcoholic beverages or illegal drugs are not allowed on company property or in company vehicles at any time. When drugs are prescribed by a physician, the immediate supervisor must be informed. The use or possession of illegal drugs or alcoholic beverages on the jobsite will result in immediate termination. 6. Housekeeping shall be an integral part of every job. Supervisors and employees are responsible for keeping their work areas clean and hazard-free. This may in some cases be your company vehicle. a. For Field Office/Shop. • Keep work area clean and organized. • Keep walking areas free from tripping hazards (carpets/cords) • Stack material safely and neatly. • Do not let objects protrude from a stack, pile, etc. • Keep sidewalks, corridors, and aisles clear. • Use trashcans for debris only. • Keep oily shop rags and other flammables in a separate safety container. • Clean up spills immediately. • Clean and pick up debris, tools, or other materials regularly and frequently. • Be familiar with appropriate evacuation route. • Guards shall be in place and operable at all times while the tool is in use. The guard may not be manipulated in such way that will compromise its integrity or compromise the protection in which intended. Guarding shall meet the requirements set forth in ANSI B15.1. • Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities shall be provided within the work area b. For Field. • Keep a clear path where walking. • Wear safety vest. • Watch for traffic when in street. • Wear work boots or shoes (tennis shoes are not permitted). • Watch every step especially on unstable ground. • Keep the cab and bed of truck free of trash. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 10 7. Ergonomics: • Adjust chair height so that your upper legs are horizontal and feet are flat on floor, adjust chair to sit up straight and obtain proper back support. • Avoid tilting or turning head to view computer monitor or to hold telephone. • Ensure forearms and wrists are level and not resting on hard or sharp edges. • Ensure that computer table is just below forearm/wrist height and that the work station provides adequate legroom. • Place keyboard and mouse at a comfortable distance from body. • Alternate tasks to break up extended periods on the computer. Be sure to stretch and exercise the neck, shoulder, and back muscles if sitting for long periods of time at a desk or computer. Stretching releases tension and reduces the chances of muscle strain and fatigue. 8. Drinking water containers if provided are to be used for drinking water and ice only. Tampering with or placing items such as drink containers in the water cooler may result in immediate termination. The "common drinking cup" is not allowed. Only disposable cups will be used. 9. Material Handling and Lifting: Many injuries are caused by improper lifting, carrying too heavy a load, failure to observe proper foot and hand clearances and failure to wear proper protective equipment. • Inspect materials for slivers, jagged edges, burrs, and rough and slippery surfaces before handling. • Clear path of hazards. • Size up the load and plan before lifting. Know where and when you will let the load down. • Keep hands clean of oil or grease when handling material. • Get help when moving heavy loads. Request assistance in moving office furniture and files. • Be sure you have a secure grip when picking up or lifting. Let the other persons know what you are going to do, get their response, and then do it. • Break a load into smaller parts, if possible, to make carrying easier. • Do not perform awkward lifts, unnecessary bending, or long reaches. • Do backbends before lifting. • Stand close to the load. • Have firm footing. • Spread your feet apart with one foot in front of the other. • Face the object. • Bend your knees. • Straddle the load as best you can. • Grasp the load firmly. • Tighten stomach muscles. • Take a deep breath. • Lift slowly and smoothly without jerking. • Do not twist body - move feet instead. • Beware of pinch points. • Keep the “S” curve (hollow) in your back by arching the back. • If the load slips from your hands, don’t attempt to catch it! • Hold the load firmly. Keep the load close. • Don’t lift the load higher than needed. • Don’t twist with the load. Pivot on your feet if you must turn with the load. • Keep one foot in front of the other in order to maintain your balance. • Set the load down easily. 10. Hand and Power Tools: Whether furnished by the employer or the employee, the tools shall be maintained in a safe condition. Any tool which is not in compliance with any applicable requirement of this part is prohibited and shall be identified as unsafe by tagging or locking the controls to render them inoperable. Employees using hand and power tools and exposed to the hazard of falling, flying, abrasive, and splashing objects, or exposed to harmful dust, fumes, mists vapors, or gases shall be provided with particular PPE necessary to protect them from the hazard. 11. “Horseplay" on a jobsite is strictly prohibited. Running on the jobsite is allowed only in extreme emergencies. 12. Glass containers or bottles of any kind are not permitted on jobsites or in company vehicles. 13. Fire Prevention: The best fire protection is fire prevention. Observe the following basic rules for a good fire prevention © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 11 program. a. Control Ignition Sources • Maintain good housekeeping and observe smoking policy. • Keep electrical equipment in good working order. • No smoking around flammables or excavations. • Ignition sources include but not limited to: Matches, flames, open lights, electrical switches, arcs, static electricity, excessive heat or friction, lightning, and cigarettes. b. Pour flammable and combustible liquids from UL approved containers when filling and servicing gasoline powered compressors, generators, and diesel powered engines. Avoid spilling fuel onto hot engines, and keep other ignition sources away from fuel. c. Familiarize yourself with the location, operation, and proper application of all fire extinguishers. Supervisors will ensure that fire extinguishers have an inspection tag and are inspected as required. • Type/size of extinguisher is suitable for intended use. • Unit fully charged. • When possible, check to see if the extinguishing powder is not caked on the bottom of the unit. • Extinguisher has been hydrostatically tested and tagged per recommended code. • Readily accessible and at correct location. d. Flammable liquid storage and transfer • Keep all flammable or combustible liquids, gasoline, thinners, etc., in UL or FM approved containers. For quantities of one gallon or less, only the original container or approved metal safety cans shall be used for storage and handling of flammable liquids. No more than 25 gallons of these type liquids will be stored in a building outside a fire resistant cabinet. The cabinet will be labeled “Flammable - Keep Fire Away.” • Flammable liquids will not be used for cleaning or washing. • When pumping flammable or combustible liquids by hand from portable containers or drums, bond with the storage and the fill container by attaching alligator clips with a copper wire between the two containers. • Do not punch nail holes in the top of the storage containers. Use an appropriate flammable liquid transfer pump or drum vent. • Do not allow persons with lighted tobacco products to enter the area where flammable liquids are stored or transferred. 14. Driving Vehicles: (See also Company Vehicle Policy Manual) • Only authorized employees will drive a motor vehicle in the course and scope of work or operate a company- owned vehicle. • Drivers should be appropriately assessed, licensed, and trained to operate the vehicle. • Drivers shall not operate a motor vehicle while under the influence of alcohol, illegal drugs, or prescription or over-the counter medications that might impair their driving skills. • Authorized drivers will report any collision or traffic violation while driving on company duties to the appropriate personnel (refer to the Vehicle Safety Policy). • Loads shall be secure and shall not exceed the manufacturer's specifications and legal limits for the vehicle. • The vehicle shall be fit for its purpose. • The vehicles shall be maintained in safe working order. • Seatbelts shall be worn by all occupants at all times whenever a vehicle is in motion. • Authorized drivers will follow safe driving practices utilizing the Smith System Driving techniques. Drivers must be certified in the Smith System Driving techniques prior to operating a company owned vehicle. • Cell phones shall be used only when safe driving techniques can be followed in accordance with state and local laws. • When parking, “pull through” or back into the space, unless doing so would create a greater hazard. When backing your vehicle, get help if possible. Check behind your vehicle before getting in the driver’s seat. • When fueling your vehicle leave all potential ignition sources in the vehicle. i.e. cell phones, pagers, lighters. Never talk on the phone while fueling as this could, in unique circumstances, cause fuel vapors to ignite resulting in a fire or explosion and serious injury. 15. Report all unsafe conditions and near accidents to the project manager so corrective action can be taken. 16. All OSHA Safety Standards concerning confined space entry will be followed. SEE SEPARATE CONFINED © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 12 SPACE SAFETY PROGRAM IF APPROPRIATE. B. General Field Safety 1. Poison Plants: a. Poison Ivy: Vine or low shrub. Triple leaflets, edges smooth or irregularly toothed. Berries white or cream colored. Loses leaves for winter. Like sumac and oak, the poison remains on branches and roots. b. Poison Oak: Shrub 12 to 30” high; sometimes a vine. Triple leaflets; short, smooth hair underneath. Early, berries fuzzy and white; later, dun colored. A plant is dark green spring and summer, bright red in fall and loses leaves for winter. c. Poison Sumac: Shrub, 3 to 15” high. Seven to 13 leaflets per stem, smooth edged. Usually in swampy area d. If you suspect you have been exposed to any poisonous plants, apply the appropriate lotion as soon as possible. Always follow the directions when applying. Clean equipment and clothing with the appropriate lotion making sure you follow the directions. 2. Dog Bites: It’s rare to find a Heath field employee who has never encountered an unfriendly dog while performing his or her daily work. While some field employees have managed to avoid unhappy encounters with canines, others have not been so fortunate. This section will help you to identify and minimize possibly threatening situations. It is especially true in regard to dog bite prevention that it is better to be armed with information and never need to use it, than the other way around. Heath Field employees are provided with an umbrella used to create a barrier between themselves and canines. A video demonstration will display the proper use of an umbrella to fend off a dog. Remember the following to help prevent dog bites. a. Dog Bite Prevention: • Remember, any dog is a potential biter. • Look for “Bad Dog” signs on gates or fences. • Do not enter a customer’s premises if there is a bad dog unless the dog has been securely restrained or is removed from the area. • Never believe a dog’s owner who says: “but he won’t bite” or “I can hold him, don’t worry.” • Be prepared when entering any premises where a dog is located, never turn you back on the dog and have your umbrella ready. • Shout to attract a dog’s attention. • Be cautious of dogs on a leash. • Look for dogs in shaded areas in the summer. • Stay calm but be aggressive in defending yourself from a dog with the umbrella. • Talk to others along your route to learn about the locations of bad dogs. • Don’t agitate a dog. • Don’t offer your hand to a dog or turn your back on a dog. • Dogs always see you as an intruder. • With a firm, crisp, steady voice, tell the dog "No," "Down," or "Go Home." • Kick your knee into its chest or head if the dog leaps at you. • If you are being attacked, stand your ground and brace yourself by turning to the side. This will prevent the dog from knocking you over. • The dog umbrella is your best protection. If the dog is attacking, deploy the umbrella --this sound and visual barrier will distract and confuse him. The dog may retreat, not knowing what has just occurred. If the dog continues attacking, continue holding the umbrella in his face and back away toward the gate or a place of refuge. DO NOT TRY TO RUN! In most cases the dog will be faster than you. Remember, a torn umbrella is much easier to repair than an injured leg, etc. • Assume a fetal position with hands over your neck and head if the dog knocks you down. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 13 • When you are leaving the yard, do not turn your back on the dog as you are going out the gate. The dog (even a "friendly" dog) may think it has you "on the run" and turn ferocious. b. If Bitten: • Wash a dog bite wound with soap and water, rinse with warm water, cover with sterile gauze and see a doctor as soon as possible. • All dog bites should be reported to the police as a safety measure. • Observe details when bitten by a strange dog, such as: What color is the dog? Does it have a collar? What size is the dog? Does the dog have any wounds? Where did the attack occur? In what direction did the dog head? Did the dog behave strangely before the attack? • It's important to find the dog so that the doctor can determine whether the victim needs anti-rabies treatment. If possible, restrain the dog for animal-control authorities. If there is no possible way to restrain the animal, make sure you can describe the animal and the events. 3. Feet, Footwear and Walking a. The most common cause of injury for field technicians is injury to the feet or ankles. USE PROPER FOOTWEAR. Work boots are required. Work boots will be a minimum of 6” in height, leather, non slip, thick sole and lace up type (no slip-ons). In addition, use caution in walking. Do not step on an object, especially if you can step over it with no extraordinary effort -- you may not be able to tell if it is sturdy enough to hold you until it is too late. If you are not certain about your footing, i.e. a possible slick surface, etc., make an effort to safely walk around the hazard or choose a safer path. a. Walking Into Yards -- Homeowners are becoming more cautious about strangers coming into their yards. Shout "GAS COMPANY" or something akin to that before going into the yard. This will alert the owner of your presence as well as inform them as to who you are. This has been known to reduce the number of negative encounters with people. REMEMBER, THE HOMEOWNER EXPECTS YOU TO ACT LIKE A UTILITY WORKER. If the homeowner comes out of the house while you are in the yard, a friendly greeting or a cheerful voice telling them something like "checking or locating the gas lines" or "reading your meter" will answer the inevitable question, plus keeping the conversation on a positive note. In addition, while in the yard, avoid at all cost looking in the windows. A homeowner who thinks you are "peeping" will at least be panicky or irritated -- and this may net a call to the police, or worse. If a homeowner does not want you to come into the yard, do not try to force the issue -- back off, and report it to the utility company. b. Chemicals on Lawns -- More and more people are using lawn services to spray chemicals on their lawns. Use caution, as these chemicals, especially the insecticides, are toxic. If you are required to walk across yards that you suspect have been treated with dangerous chemicals, consider the use of rubber soled footwear. c. Head -- When you are watching where you are walking and where you are placing your instrument probe, it is easy to overlook obstacles that are head-high, such as window air conditioners, branches, or boats or campers, etc. WATCH WHERE YOU ARE GOING! Hard hats are required for anyone working in the field. One will be provided for you as a part of the personal protection equipment issued to each employee. Management must wear a hard hat when working in the field. d. Working in Traffic -- If you are walking in or on streets or in high traffic areas, the use of a safety vest and other high visibility clothing is required. Although in some instances it may be necessary to work out in the street, the majority of your work can be done safely and effectively along the curb. In cases where it is necessary to work out in the street, make certain you are FACING TRAFFIC and watching out for cars. A passing driver could get distracted by watching you and not watch where he/she is driving. e. Ankle sprains and strains. • Consider all ankle injuries as serious. • Immobilize the ankle, use ice, and contact your supervisor for further help and instructions. • If the ankle is sprained or strained, reduce swelling and pain by: Elevating the injured ankle above the heart by about 4 -5 inches. Applying an ice pack for the first 24 hours (5 minutes every 30 minutes). Do not allow your foot to dangle over a chair or bed. Excessive fluid can collect in the ankle, which increases the pain and slows the healing. 4. Working Outside: © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 14 a. Heat: • Your body is designed to operate within a fairly narrow temperature range. If your body temperature goes too high, you get sick. • Heat exhaustion is a risk when it is hot. You’ll probably get dizzy and sweaty, but it’s not life-threatening. • Heat stroke is much more serious. It is also a hazard in hot conditions, and can send your body temperature high enough to cause confusion, irrational behavior, convulsions, unconsciousness, coma and even death. • Another problem is sunburn or sunstroke from getting too much sun when you are not use to it. • Knowing the symptoms of heat stress can keep those symptoms from getting out of hand. The symptoms that indicate heat stress can also be symptoms of other health problems, but if it’s hot and you are working outside, heat stress is probably your prime hazard. • You usually start by feeling hot, uncomfortable, and just not ready to do much. That’s not serious, but it is probably a sign that you should rest out of the heat for a minute. Here are the symptoms that could indicate a serious problem:  Dizziness  Rapid heartbeat  Nausea  Cramps  Headache  Excessive sweating  Chest pain  Breathing problems  Great weakness  Diarrhea Even worse are these signs of heatstroke:  High temperature  Hot red, dry skin  Rapid pulse • If you have, or see someone with, heatstroke or sunstroke symptoms, assume that any of these symptoms mean a serious problem. Take immediate action if it’s hot and you feel weak, dizzy, sweaty or nauseous. Pay attention to cramps and to anyone who tells you that you look pale. • In any of those circumstances, get to a cooler area – shade or a cool building. Lie down, loosen your clothing, and put cool compresses on your skin. Drink fluids. • Action is a must. Get medical help. And get yourself – or any victim – to a cool spot and loosen clothing. • It is important to cool the body down quickly. Use cool compresses, water, even a hose for the job. Don’t try to give fluids to an unconscious person. • If you get sunburned, rinse or soak with cool water or cold compresses. If you’re sunburned, but haven’t blistered, you can use a mild non-medicated cream. But blisters can be serious; see a doctor. To help prevent heat problems you can:  Wear loose clothing  Cover as much of your body as possible  Wear a brimmed hat in the sun  Use sun block and apply it often  Eat regular, well-balanced meals  Avoid hot or heavy food  Don’t take salt tablets without a doctor’s permission  Drink lots of fluids, avoiding alcohol or caffeine  Be aware that water, sand and concrete reflect the sun and make it stronger. b. Cold: • Very cold temperatures, like very hot ones, can be hazardous to your health. But most of the problems associated with cold can be prevented by proper dress and some sensible practices. • The two most common hazards in the cold are frostbite and hypothermia. Both are caused by exposure to the cold long enough that your body temperature gets dangerously low. • Hypothermia can take you by surprise because you can get it even when the temperatures are above freezing. Windy conditions, physical exhaustion, and wet clothing can all make you more prone to hypothermia. • With hypothermia, you first feel cold, then pain in the extremities. You’ll shiver, which is how the body tries © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 15 to raise its temperature. Other symptoms include:  Numbness and/or stiffness  Poor coordination  Drowsiness  Slow or irregular breathing or heart rate  Slurred speech  Cool skin  Puffy face  Confusion  Apathy • As you can see, many of these symptoms are not unusual and could mean different things. But if you are exposed to cold conditions, take them seriously and take steps to relieve them. • The first thing to do is to get where it is warm. Get out of any frozen, wet, or tight clothes and into warm clothes or blankets. Drink something warm, decaffeinated, and nonalcoholic. • For hypothermia, call for medical help and keep covered with blankets or something similar. Don’t use hot baths, electric blankets, or hot water bottles. To help prevent cold problems you can:  Wear layers of loose dry clothing  Cotton or wool under layers / waterproof top layer  Be sure to cover head, hands, feet and face  Dry or change wet clothing immediately  Keep moving in the cold  Take regular breaks in warm areas  Move to a warm area if you feel very cold or numb  Drink warm nonalcoholic decaffeinated beverages  Limit exposure to the cold, especially if it’s windy or humid 5. Personal Protective Equipment (PPE): • Proper training includes at least, when PPE is necessary, what PPE is necessary; how to properly don, doff, adjust & wear PPE; the limitations of PPE; the proper care, maintenance, useful life & disposal of PPE. • Retraining of the employee is required when the workplace changes, making the earlier training obsolete; the type of PPE changes; or when the employee demonstrates lack of use, improper use, or insufficient skill or understanding. The certification must include the employee name, the dates of training, and the certification subject. • PPE is provided, used and maintained in a sanitary and reliable condition, required by reasons of hazards of processes or environment to protect body parts from inhalation, absorption or physical contact. • If employee-owned equipment is permitted, the employer must be responsible for the assurances of its adequacy, maintenance & sanitation. • (Performance of a written and signed hazard assessment.) The hazard assessment must indicate a determination if hazards are present or are likely to be present, which necessitate the use of PPE. Certifier's name, signature, date(s) & identification of assessment documents. • If hazards are present or likely to be present, selection of, and reasons for selection of PPE should be given to the employee. • Selected PPE must be fitted to each affected employee, (fitting, including proper donning, doffing, cleaning, and maintenance.) • Defective or damaged PPE shall NOT be used. • Employees using hand and power tools and exposed to the hazard of falling, flying, abrasive, and splashing objects, or exposed to harmful dust, fumes, mists vapors, or gases shall be provided with particular PPE necessary to protect them from the hazard. C. Leak Survey (Gas) 1. Flame Ionization equipment shall be checked daily before being used. All fuel and calibration gas shall be shut off and hoses disconnected from bottles and manifolds at the end of the work day. Caps shall be replaced on bottles when gauges are removed. 2. Compressed Gas Cylinders: In working with the Hydrogen Flame Ionization equipment, you are continually exposed to the use of compressed gasses, such as the "Mother Tank" for the 40/60 Hydrogen/Nitrogen fuel, the lecture bottles for the portable instrument and the bottles of calibration gas. Remember, FAMILIARITY BREEDS DISRESPECT. Always maintain your © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 16 respect for these bottles, as they contain very high pressures of highly flammable fuel. If treated properly, however, they should never present a hazard to you. • Keep valve closed and protective caps on cylinders not in use. • Keep cylinders away from direct flame, heat and sources of ignition. • Regulators are to be removed from cylinders when not in use. • Use proper lifting methods for cylinders. Do not lift by the valve or protective cap. • Do not use oil or grease as a lubricant on valves or regulators. a. Transfilling -- In transfilling your lecture bottles, always make sure you are using the transfiller that was designed for your instrument. The transfiller has an orifice inside to keep the lecture bottle from filling too fast -- if it fills too fast, it may present a hazard due to heat build-up. Make certain you use a wrench to tighten both fittings snug -- to not try to hand tighten them. SEE YOUR INSTRUMENT PROCEDURE MANUAL FOR INSTRUCTIONS AS TO HOW TO TRANSFILL. The use of safety glasses while transfilling is recommended. b. Pressure - Your lecture bottles are certified at 1750 PSI - DO NOT EXCEED THIS PRESSURE. In order to maintain their certification, mother tanks must be re-tested on a periodic basis. The lecture bottles do not need recertification. c. Transporting - You may be required to transport your mother tank in your vehicle on a periodic basis, at least while transferring from one work location to another. NEVER TRANSPORT THE TANK WITHOUT THE CAP IN PLACE. The tank should be anchored in a vertical or horizontal position in a location that will be protected. In any case, transport the tank in your vehicle so that it will not roll or slide around, and it will be protected in the event of an impact. (Also remember that it is illegal and dangerous to carry any compressed or flammable gas cylinders on board an airplane or checked with luggage.) d. Handling the Tanks - The most dangerous possibility of a tank accident is the top or valve assembly on a mother tank getting broken off. The greatest likelihood of this happening would occur from dropping the tank. A FULL TANK WITH THE TOP BROKEN OFF HAS BEEN KNOWN TO TRAVEL, IN A ROCKET-LIKE FASHION WITH NOTHING STANDING IN ITS WAY! e. Temperature -- Avoid storing the tanks in an area in which they could be exposed to high temperatures. The aluminum mother tanks, which are becoming popular for our use because of their relatively light weight, can become distorted if they are exposed to a temperature of 140 degrees Fahrenheit (WHICH CAN OCCUR IN AN ENCLOSED VEHICLE IN DIRECT SUNLIGHT!) The aluminum tanks have a strip of heat-sensitive paint on them, either around the neck or vertically along the side. If the tank is exposed to high enough heat to be a danger to the tank, this paint will change color. IF THIS HAPPENS, DO NOT USE THE TANK UNDER ANY CIRCUMSTANCES. IF IT IS POSSIBLE, RELIEVE THE PRESSURE BY EMPTYING IT INTO AN OPEN AND SAFE ATMOSPHERE, AND HAVE IT REPLACED IMMEDIATELY. f. Threads - Routinely inspect the threads on your lecture bottles, transfiller and lecture bottle regulator. If the threads are partially stripped or "pulled" or bent toward the end of the threaded orifice, there is a danger of the fitting coming apart while under pressure. In addition, if one tank, for example, has damaged threads, it will damage the threads on the transfiller and regulator, which in turn will damage the threads on any other tank which it comes in contact with. In addition, BE CAREFUL OF TURNING A FITTING TOO TIGHT. THE FITTINGS ARE BRASS (RELATIVELY SOFT) AND CAN EASILY BE DAMAGED BY TIGHTENING THEM TOO MUCH. Also on DP3s and DP4s, check the “O” rings on the bottles and replace if damaged. g. Carrying the Tanks -- The steel mother tanks weigh around 66 pounds and the aluminum tanks weigh around 35 pounds. When it is necessary to move the tanks, especially when carrying them, be careful to avoid back injury. Use a hand truck whenever possible. WHEN LIFTING A TANK, USE WISDOM. KNEEL DOWN, KEEPING THE BACK UPRIGHT: GRASP THE TANK, AND DO THE LIFTING WITH YOUR LEGS. DO NOT BEND OVER WHILE CARRYING A TANK. (See section on “Material Handling and Lifting.”) 3. Leak Survey (Water) a. Misuse of the Heath AQUA SCOPE can cause permanent damage to the ear drums. When using the AQUA SCOPE, be sure to have the microphones firmly placed and stationary prior to depressing the "Listen" control switch. Also, be certain that the volume control is set properly so that high volume noise is not directed into the ear through the head set when the "Listen" control switch is depressed. The position of "4" to "6" is recommended. It is also wise to keep in mind that when using the AQUA SCOPE, your ability to hear other noises, such as © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 17 approaching traffic, is severely restricted. For that reason, be sure to visually check your surroundings constantly while surveying. It is also required to always wear a safety vest when working in traffic areas. 4. Plunger Bar Safety: The plunger bar is designed to make it easy for you to put your test holes in the ground during the course of the leak survey. But misused it can inflict great injury on you or someone around you -- DO NOT TAKE THIS INSTRUMENT FOR GRANTED. a. Make sure the guide plug is tight -- On most of the plunger bars, the insulated coating extends 1/4 to 1/2 inch below the steel threads inside the handle. MAKE CERTAIN THAT THE GUIDE PLUG IS TURNED INTO THE STEEL HANDLE, NOT JUST THE INSULATED COATING. Failure to do this can cause the bar to come apart when taking it out, and can very easily cause injury. b. How to put in bar holes. Place the end of the rod on the ground at the point where you want the hole, then position the rod in a vertical position. (DO NOT TRY TO "STAB" THE GROUND AND LOWER THE HANDLE IN ONE MOTION. A MIS-AIMED BAR CAN GLANCE OFF A CURB OR ROCK AND GO THROUGH YOUR FOOT.) Raise the bar with one or both hands then bring the handle down, allowing the weight of the handle to drive the rod into the ground. Do not try to force the bar into the ground by the strength of your shoulders or back -- at the very least you will be working much harder than you have to; and you run the risk of straining a muscle in your shoulders or back, to say nothing of raising blisters on your hands. c. How to take the bar out of the ground -- Place your feet firmly on the ground, knees slightly bent, and your back straight. Raise the handle with your hands, allowing the weight of the handle to pull the rod out of the ground. Be sure to keep your head clear -- people have been known to knock themselves out by hitting themselves in the chin. d. How to put in expanded holes. If the ground is very hard, it may require several downward strokes of the handle to put the hole in as deep as you may want it. If this is the case, it may be difficult to pull back out. You can make it easier by bending or "swirling" the bar around every few strokes, to make the hole larger than the diameter of the rod. This will reduce the "drag" on the side of the rod and make it easier to take out of the ground. e. Looking for other utilities. -- In determining where to put your test holes, make certain you watch for any other underground utilities. "READ" THE STREET! The presence of telephone manholes surely indicates the presence of underground cables; these may or may not run straight between the manholes. No overhead power line, or a drop at a power pole, or splice box or transformer, indicates the presence of underground power lines. Watch for curb boxes on the gas and water lines, or any other indications of underground utilities, including TV Cable, street lights, traffic lights, hidden "dog fences", sprinkler systems, heated sidewalks, to name a few. IN PUTTING YOUR BAR INTO THE GROUND, BE WATCHFUL FOR ANY UNDUE RESISTANCE IN THE GROUND WHICH MAY BE CAUSED BY AN UNDERGROUND UTILITY, AND INSTANTLY RESPOND BY NOT POUNDING ANYMORE. f. Looking for Test Locations -- In addition to watching for other utilities, look for appropriate locations to insert the rod into the ground by noting 1) expansion joints in concrete 2) broken asphalt or concrete, often indicating a soft underlayment 3) trenches which may be softer than the surrounding area but will probably have a utility underneath. g. How to carry the bar -- The most practical way to carry the bar is to place the handle on the ground, grasp the handle about 6 to 8" from the bottom of the handle, then rest the rod on your shoulder, the bar should be upside- down at this point. MAKE CERTAIN YOU GRASP THE BAR SECURLY. By doing this, you have the bar parallel and to one side of your body, where you can control it. DO NOT PLACE THE HANDLE OVER YOUR SHOULDER WITH THE ROD BEHIND YOU. YOU WILL BE UNABLE TO WATCH IT, AND YOU RUN THE RISK OF INJURING SOMEONE AROUND YOU. h. Straightening the bar -- If you bend the rod, make certain you straighten it. This may be done by placing it into a previous hole in the pavement, or in a trailer hitch, etc. on a vehicle bumper, etc. Do not use a bent rod -- you may be risking injury by doing so, plus the bar may not go into the ground in the direction you want. Take note, that if you bend the rod once it causes it to lose some of its "temper" and it will bend more easily a second time D. Contract Locating © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 18 1. Equipment: a. Connecting the transmitter—NEVER connect the transmitter directly to power carrying cables without first checking for and turning off any power sources if possible. b. If connecting to a power source with a SURE-LOCK- be certain the model of SURE-LOCK used is capable of being directly connected to live 50-60 hertz power sources up to 240 VAC. All models do not have this capability (Hot Box). c. Be certain the transmitter POWER is off before handling the clips on the conductive assembly. Some transmitters can deliver over 100 volts of signal which is capable of producing electrical shock if not carefully handled. d. Grounding Rod—When using the grounding spike, it should be firmly driven into the soil. When driving the spike always bend at the knees, facing the area you will be working. DO NOT drive or remove the spike while bending at an awkward angle or while having to make a long reach. Always remove the spike slowly and smoothly, without jerking. e. Shovel Safety: • Shovel edges shall be kept trimmed and handles checked for splinters and cracks. • Gloves should be worn to help prevent blisters or splinters. • Workers should wear safety shoes with sturdy soles. • You should have your feet well separated to get good balance and spring in the knees. The leg muscle will take much of the load. • To reduce the chance of injury, the ball of the foot (not the arch) shall be used to press the shovel into the ground. • If you cannot press the shovel into the ground with one foot, DO NOT attempt jumping on the shovel with both feet to drive the tip in. • DO NOT TRY AND “STAB” THE GROUND. The shovel can glance off of a curb, rock or riser and cut into your foot. • When digging, be watchful for any undue resistance in the ground which may be caused by an underground utility. Verify that it is not before continuing to dig. • Work with a gentle prying action and dig at an angle, so the shovel will slide along the surface of the wire, conduit or pipe. • When lifting dirt out of the hole, don’t grip close to the bottom of the shovel or too far at the end of the handle, because this causes strain on your back. Grip in the middle and continue the upward motion of lifting the dirt, ALWAYS KEEPING YOUR BACK STRAIGHT. • Don’t shovel a heavier load than you can lift. 2. Safe Driving: (Also see section VIII.A.14) a. Locators clock many hours on the road between locates. Often locators find themselves trying to read a map, read the locate request and drive all at the same time. This is the number one cause of rear end collision involving Utility Locators. YOU SHOULD ALWAYS TAKE THE TIME TO PULL OVER AND GET YOUR BEARINGS STRAIGHT BEFORE PROCEEDING. b. Never leave your vehicle running while out on a job site. The vehicle transmission could somehow engage causing the vehicle to start rolling. This could result in property damage or injury. It could also result in vehicle theft. 3. On-site Hazards: When arriving at a requested location a visual inspection of the worksite is important to first identify any safety hazards in the work area. There are many safety obstacles that may be encountered on the locators work site. a. Work is often performed in and around roadways, and around construction equipment. Look for vehicles or equipment moving in your work area and make sure you are visible to the operator. Wearing a brightly colored safety vest is required. A hard hat is also required when working around construction sites. b. Always be on the lookout for any work being performed overhead. This could be cranes being used, workers in boom lifts, roofers working on top of buildings and workers on scaffolding, where the danger is being struck by dropped or falling objects. A hard hat can help prevent serious injury. c. A locator may face unfriendly dogs on the work site. (See section on “Dog Bites”.) © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 19 d. Be aware of the many tripping hazards that you might encounter on the work site. Especially while trying to get away from other dangers. E. Meter Reading 1. Refer to bullets A & B in this section. XIV. LADDER SAFETY • Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced, when the ladder is in position for use. • Ladders shall be inspected by a competent person for visible defects on a periodic basis and after any occurrence that could affect their safe use. Defective ladders shall be tagged and placed out of service. • Place ladders on stable, level surface. Do not stand on top two rungs, or top of step ladders. Do not to carry anything in hands that could cause injury in case of fall, and face the ladder when ascending or descending. • The ladder side rails shall extend at least 3 feet (.9m) above the upper landing surface. When ladders are not able to be extended then the ladder shall be secured at its top to a rigid support that will not deflect. Extension ladders should be placed at a 4:1 ratio. • Ladders shall not be loaded beyond the maximum intended load for which they were built, nor beyond the manufacturer's rated capacity. • Ladders shall be used only for the purpose for which they were designed. XV. EMERGENCY ACTION PLAN An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, companies with 10 or fewer employees may communicate the plan orally to employees. An emergency action plan must include at a minimum: • Procedures for reporting a fire or other emergency. • Procedures for emergency evacuation, including type of evacuation and exit route assignments. • Procedures to account for all employees after evacuation. The alarm system shall be distinctive and recognizable as a signal to evacuate the work area or perform actions designated under the emergency action plan. For those employers with 10 or fewer employees in a particular workplace, direct voice communication is an acceptable procedure for sounding the alarm provided all employees can hear the alarm. Review of the emergency action plan with employees will occur: 1) When the plan is developed or the employee is assigned initially to a job. 2) When the employee's responsibilities under the plan change. 3) When the plan is changed. Employees who need more information about the plan or an explanation of their duties under the plan can contact the Heath Safety Department for assistance. XVI. FIRE EXTINGUISHER PROGRAM. Corporate Policy Statement The Occupational Safety and Health Act of 1970 clearly states our common goal of safe and healthful working conditions. The safety and health of our employees continues to be the first consideration in the operation of this business. Safety and health in our business must be a part of every operation. Without question it is every employee's responsibility at all levels. It is the intent of this company to comply with all laws. To do this we must constantly be aware of conditions in all work areas © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 20 that can produce injuries. No employee is required to work at a job he or she knows is not safe or healthful. Your cooperation in detecting hazards and, in turn, controlling them is a condition of your employment. Inform your supervisor immediately of any situation beyond your ability or authority to correct. The personal safety and health of each employee of this company is of primary importance. The prevention of occupationally- induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary. To the greatest degree possible, management will provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards. We will maintain a safety and health program conforming to the best management practices of organizations of this type. To be successful, such a program must embody the proper attitudes toward injury and illness prevention not only on the part of supervisors and employees, but also between each employee and his or her co-workers. Only through such a cooperative effort can a safety program in the best interest of all be established and preserved. Our objective is a safety and health program that will reduce the number of injuries and illnesses to an absolute minimum, not merely in keeping with, but surpassing, the best experience of operations similar to ours. Our goal is nothing less than zero accidents and injuries. STANDARD PRACTICE INSTRUCTION DATE: __July 3, 2008_____ SUBJECT: Fire Extinguisher Program REGULATORY STANDARDS: OSHA - 29 CFR 1910.157 NFPA 10 BASIS: Over 150 major fires occur in workplaces on an annual basis. Fire is the third leading cause of accidental deaths in the United States. The Occupational Safety and Health Administration (OSHA) has established Federal regulations in 29 Code of Federal Regulation (CFR), §1910.157 for portable fire extinguishers and their use. OSHA has a general directive for employers to maintain a work place free of hazards. Under authority of this directive, OSHA requires that "employers shall provide portable fire extinguishers and shall mount, locate, and identify them so that they are readily accessible to employees without subjecting employees to possible injury." OSHA requires that education and training be provided to employees as well. GENERAL: Heath Consultants Inc (HCI) will ensure that potential fire hazards within our facility(s) are evaluated. This standard practice instruction is intended to address comprehensively the issues of; evaluating and identifying potential fire hazards, providing fire fighting equipment, and providing training concerning these hazards to employees. RESPONSIBILITY: The company Safety Manager is Boyd Goodman. He is solely responsible for all facets of this program and has full authority to make necessary decisions to ensure success of the program. The Safety Manager is the sole person authorized to amend these instructions and is authorized to halt any operation of the company where there is danger of serious personal injury. Contents of the Fire Extinguisher Program for Incipient Fires 1. Written Program. 2. Selection and Distribution of Fire Extinguishers. 3. Labeling Of Fire Extinguishers. 4. General Requirements. 5. Inspection, Maintenance, And Testing. 6. Training And Education. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 21 Heath Consultants Inc Fire Extinguisher Program for Incipient Fires 1. Written Program. HCI will review and evaluate this standard practice instruction:  On an annual basis  When changes occur to 29 CFR, that prompt revision of this document  When facility operational changes occur that require a revision of this document  When there is an accident or close-call that relates to this area of safety  Review the program any time these procedures fail Effective implementation of this program requires support from all levels of management within this company. This written program will be communicated to all personnel that are affected by it. It encompasses the total workplace, regardless of the number of workers employed or the number of work shifts. It is designed to establish clear goals and objectives. 2. Selection and Distribution. Portable fire extinguishers shall be provided for employee use and selected and distributed based on the classes of anticipated workplace fires and on the size and degree of the hazard which would affect their use. Fire extinguishers used by this company are for four classes of fires: Class A Fire Extinguishers. Use on ordinary combustibles or fibrous material, such as wood, paper, cloth, rubber and some plastics. Travel distance for employees to any extinguisher is 75 feet (22.9 m) or less. Class B Fire Extinguishers. Use on flammable or combustible liquids such as gasoline, kerosene, paint, paint thinners and propane. Travel distance from the Class B hazard area to any extinguisher is 50 feet (15.2 m) or less. Class C Fire Extinguishers. Use on energized electrical equipment, such as appliances, switches, panel boxes and power tools. Travel distance from the Class C hazard area to any extinguishing agent is 50 feet (15.2 m) or less. Class D Fire Extinguishers. Use on combustible metals, such as magnesium, titanium, potassium and sodium. Travel distance from the combustible metal working area to any extinguishing agent is 75 feet (22.9 m) or less. 3. Labeling Of Fire Extinguishers. All fire extinguishers used by this company will be labeled in accordance with NFPA 10, Standard for Portable Fire Extinguishers. Locations where fire extinguishers are mounted will also comply with NFPA 10 for labeling purposes. 4. General Requirements: HCI has provided portable fire extinguishers for employee use in the event of an incipient fire. All fire extinguishers shall be mounted no higher and no lower than four (4) feet from the floor. The following key personnel have specific responsibilities. A. Safety Manager  Manage the Fire Extinguisher Program.  Schedule the proper training for employees.  Update the program when necessary.  Record and maintain training records.  Ensure monthly/annual inspections are being conducted. B. Maintenance Supervisor  Replace used and damaged fire extinguisher(s).  Reporting to either the Safety Manager or Purchasing that the fire extinguisher has been used or damaged. C. Department and First Line Supervisors  Ensure all fire extinguishers are accessible.  Ensure employees are aware of where extinguishers are located. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 22  Make sure extinguishers are clean and are free from obstructions.  Report to the Safety Manager that a fire extinguisher has been used or damaged. All fire extinguishers shall be maintained as follows:  Numbered to identify their proper location (see attached master list)  Fully charged and in operable condition  Clean and free of defects  Readily accessible at all times Note: HCI will not use portable fire extinguishers using carbon tetrachloride or chlorobromomethane extinguishing agents. Portable fire extinguishers that have soldered or riveted shell self-generating soda acid or self-generating foam or gas cartridge water type portable fire extinguishers which are operated by inverting the extinguisher to rupture the cartridge or to initiate an uncontrollable pressure generating chemical reaction to expel the agent shall be removed from the facility permanently. 5. Inspection, Maintenance, And Testing. HCI is responsible for the inspection, maintenance, and testing for all fire extinguishers on the premises. HCI will assure that all portable fire extinguishers are subject to the following:  Monthly visual inspections  Annual maintenance check  Six (6) year tear down maintenance  Twelve (12) year hydrostatic test  Extinguishers are promptly recharged  Extinguishers are compatible 6. Training And Education. The purpose of this section is to establish training procedures which are necessary for the proper use and understanding of a fire and extinguishing the fire. Selected employees will be provided with an educational program to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting. Training will require annual updating to ensure the proper procedures are being followed. Initial Training Outline A. General principles of a fire. B. Hazards employed with an incipient stage fire(s). C. When to "back off" (evacuate) of an incipient stage fire(s). D. General fire principles of a fire extinguisher. E. Hazards employed with the use a fire extinguisher. F. Use of a fire extinguisher (hands-on). Retraining. Retraining shall reestablish employee proficiency and introduce new or revised control methods and procedures, as necessary. Retraining shall be provided for all authorized and affected employees whenever there is:  A change in job assignment.  A change in machines, equipment or processes that present a new potential fire hazard.  There is a change in the fire prevention procedures.  This employer has reason to believe that there are deviations from or inadequacies in the employee's knowledge © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 23 or use of fire extinguishers or fire prevention procedures. Training Documentation All training will be documented and each employee's understanding will be subject to a "hands-on" test. Documentation will consist of, as a minimum, the employee's name, the trainer's name, the date of the training, and an outline of training provided. Certification. This employer shall certify that employee training has been accomplished and is being kept up to date. XVII. BENZENE AWARENESS 1. Possible locations where employees may be exposed to Benzene during their job functions are: 1. Petroleum refining sites 2. Tank Gauging (tanks at producing, pipeline & refining operations) 3. Field maintenance 2. The characteristics of Benzene: Benzene is toxic, colorless, has an aromatic odor, is not soluble in water and is flammable. 3. Some of the health effects of Benzene: Eye and skin irritations, short term effects: breathless, irritable, euphoric, etc. 4. Necessary PPE required: Boots, gloves, sleeves, aprons, etc. Eye and face protection. 5. Safety precautions: Benzene liquid is highly flammable and vapors may form explosive mixtures in air. Fire extinguishers must be readily available. Smoking is prohibited in areas where Benzene is used or stored. 6. Specific contingency/emergency plans: Employer should be aware of Owners contingency plan provisions. Employees must be informed where benzene is used in host facility and aware of additional plant safety rules. XVIII. BLOODBORNE PATHOGENS Exposure incident means a specific eye, mouth, or other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious material that results from the performance of an employee’s duties. Those employers with employee’s who might experience an occupational exposure to bloodborne pathogens as a result of their participation in an emergency first-aid response team, but only as a collateral duty, are still required to comply with the following standard. Administration of Post-Exposure and Follow-up The Heath Safety Department ensures that health-care professional(s) responsible for employee’s hepatitis B vaccination, post- exposure evaluation, and follow-up are given a copy of OSHA’s bloodborne pathogens standard. The Heath Safety Department ensures that the health-care professional evaluating an employee after an exposure incident receives the following: • A description of the employee’s job duties relevant to the exposure incident • Route(s) of exposure • Circumstances of exposure • If possible, results of the source individual’s blood test • Relevant employee medical records, including vaccination status The Heath Safety Department provides the employee with a copy of the evaluating health-care professional’s written opinion within 15 days after completion of the evaluation. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 24 Procedures for Evaluating the Circumstances Surrounding and Exposure Incident The Heath Safety Department will review the circumstances of all exposure incident to determine: • Engineering controls in use at the time • Work practices followed • A description of the device being used (including type and brand) • Protective equipment or clothing that was used a the time of the exposure incident (gloves, eye shield) • Location of the incident (OR, ER, patient room) • Procedure being performed when the incident occurred • Employee’s training The Heath Safety Department will record all percutaneous injuries from contaminated sharps in a Sharps Injury Log. If revisions to this ECP are necessary the Heath Safety Department will ensure that appropriate changes are made. (Changes may include an evaluation of safer devices and adding employees to the exposure determination list.) Employee Training All employees who have occupational exposure to boodborne pathogens receive initial and annual training conducted by the Heath Safety Department. All employees who have occupational exposure to bloodborne pathogens receive training on the epidemiology, symptoms, and transmission of bloodborne pathogen diseases. In addition, the training program covers, at a minimum, the following elements: 1) A copy and explanation of the OSHA bloodborne pathogen standard. 2) An explanation of our ECP and how to obtain a copy. 3) An explanation of methods to recognize tasks and other activities that may involve exposure to blood and OPIM, including what constitutes an exposure incident. 4) An explanation of the use and limitations of engineering controls, work practice, and PPE. 5) An explanation of types, uses, location, removal, handling, decontamination, and disposal of PPE. 6) An explanation of the basis for PPE selection. 7) Information on the hepatitis B vaccine (including information of its efficacy, safety, method of administration, and the benefits of being vaccinated) and that the vaccine will be offered free of charge. 8) Information on the appropriate actions to take and persons to contact in an emergency involving blood or OPIM. 9) An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available. 10) Information on the post-exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident. 11) An explanation of signs, labels, and color coding required by the standard and used at this facility. 12) Employers who have personnel trained in First Aid and are expected to provide emergency care. 13) Under circumstances in which differential between body fluids is difficult or impossible, all body fluids will be considered potentially infectious. 14) If provision of hand-washing facilities are not feasible, the employer shall provide either an appropriate antiseptic hand cleanser in conjunction with cloth/paper towels or antiseptic towelettes. 15) Specimens of blood or other potentially infectious materials must be put in leak proof bags for handling, storage and transport. 16) All equipment or environmental surfaces shall be cleaned & decontaminated after contact with blood or other infectious materials. 17) An opportunity for interactive questions and answers. When the possibility of occupational exposure is present, PPE is to be provided at no cost to the employee such as gloves, gowns, etc. PPE shall be used unless the employer shows that employees temporarily declined to use PPE under rare circumstances. The employer shall ensure that appropriate PPE in the appropriate sizes is readily accessible. PPE should be cleaned, laundered & properly disposed. The employer shall repair & replace PPE as needed to maintain its effectiveness. Training materials for this facility are available at the Heath Safety Department offices. XIX. ASBESTOS AWARENESS © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 25 Asbestos awareness training is required for employees whose work activities may contact asbestos containing material (ACM) or presumed asbestos containing material (PACM) but do not disturb the ACM or PACM during their work activities. Asbestos materials are used in the manufacture of heat-resistant clothing, automotive brake and clutch linings, and a variety of building materials including insulation, soundproofing, floor tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. Asbestos is also present in pipe and boiler insulation materials, pipeline wrap and in sprayed-on materials located on beams, in crawlspaces, and between walls. Exposure to asbestos has been shown to cause lung cancer, asbestosis, mesothelioma, and cancer of the stomach and colon. Signs and labels shall identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that asbestos containing material (ACM) and/or presumed asbestos containing material (PACM) will not be disturbed. If employees working immediately adjacent to a Class I asbestos jobs are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired or perform an initial exposure assessment. XX. CONFINED SPACE / PERMIT CONFINED SPACE Each affected employee must be trained prior to initial assignment, prior to a change in assigned duties, if a new hazard has been created or special deviations have occurred. The certification shall include employee name, trainer signature/initials, dates of training. Certification must be made available to employees & their authorized representative. The work area must include provisions & procedures for pedestrian, vehicle & other barriers as necessary to protect entrants from external hazards & a method for verifying that conditions in the permit space are acceptable for entry during its duration. An attendant must be on duty outside the confined space for the duration of entry operations. A single attendant will monitor no more than one confined space at any time. Entrant, Attendants and Entry Supervisor definitions: An “entrant” is the employee who will enter the confined space to perform a certain task. This employee must be trained to perform the task as well as the entry and exit procedures of the confined space. The entrant also participates in testing of the atmosphere and must sign the entry permit stating he has performed the atmospheric testing. An “attendant” is an employee who monitors the confined space from above ground. The attendant is not allowed to enter the confined space for any reason and is to provide monitoring of the public or vehicular traffic and atmospheric conditions using testing equipment prior to and during the work to be performed. The attendant is to also summon emergency personnel in the event of an emergency, prevent unauthorized entry into the confined space, and provide first aid if necessary. An “entry supervisor” is an employee who ensures the confined space permit is completed prior to any work being performed within the confined space. The entry supervisor must address preparation, issuance, use, termination or cancellation of the entry permit. Entry permit means the written or printed document that controls entry into a confined space. Permits completed by Heath Consultants are for Heath Consultant employees only. No other employees from other employers are allowed to enter the confined space on the Heath Consultants permit. Employees, or their representatives, must be given an opportunity to request the space be re-evaluated. Entrants or their representatives are given an opportunity to participate in and review calibrated air monitoring data before entry. Review and revision of the permit space program, using the canceled permits retained within 1 year after each entry, as necessary, will ensure that employees are protected. Note: A single annual review covering all entries performed during a 12- month period may be performed. If no entry is performed during a 12-month period, no review is necessary. Rescue services must be either: 1. Provided by the host facility, or © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 26 2. Provided by an outside service which is given an opportunity to examine the entry site, practice rescue, and decline as appropriate, or 3. Provided by the employer by selecting a rescue team that is equipped and trained to perform the needed rescue services. Heath Consultants will not enter a confined space where immediately dangerous to life and health (IDLH) conditions are present while work is being performed. XXI. ELECTRICAL SAFETY: QUALIFIED / NON-QUALIFIED Training requirements for employees in safety related work practices that pertain to their respective job assignments: (Heath Consultants employees are considered Non-Qualified individuals and must adhere to the following requirements) • Safe work practices shall be employed to prevent electric shock or other injuries resulting from either direct or indirect electrical contacts when work is performed near or on equipment or circuits which are or may be energized. • Conductors and parts of electrical equipment that have been de-energized but not been locked or tagged out shall be treated as live parts. • While any employee is exposed to contact with parts of fixed electric equipment or circuits which have been de- energized, the circuits energizing the parts shall be locked out or tagged or both, (see Lockout/Tag-out procedures, Section XVIII). • The Lockout/Tag-out procedure applies to work performed on exposed live parts (involving either direct contact or by means of tools or materials) or near enough to them for employees to be exposed to any hazard they present. • Only qualified persons may work on electric circuit parts or equipment that has not been de-energized. Such persons shall be made familiar with the use of special precautionary techniques, PPE, insulating & shielding materials, and insulated tools. • Vehicular and mechanical equipment: Any vehicle or mechanical equipment capable of having parts of its structure elevated near energized overhead lines shall be operated so that a clearance of 10ft. is maintained. If the voltage is higher than 50kV, the clearance shall be increased 4 in. for every 10kV over that voltage. However, under any of the following conditions, the clearance may be reduced: I. If the vehicle is in transit with its structure lowered, the clearance may be reduced to 4 ft. If the voltage is higher than 50kV, the clearance shall be increased 4 in. for every 10kV over that voltage. II. If insulating barriers are installed to prevent contact with the lines, and if the barriers are rated for the voltage of the line being guarded and are not a part of or an attachment to the vehicle or its raised structure, the clearance may be reduced to a distance within the designed working dimensions of the insulating barrier. III. If the equipment is an aerial lift insulated for the voltage involved, and if the work is performed by a qualified person, the clearance( between the un-insulated portion of the aerial lift and the power line) may be reduced to the distance given in “Approach Distances” table, attachment E. • Employees standing on the ground may not contact the vehicle or mechanical equipment or any of its attachments, unless: I. The employee is using protective equipment rated for the voltage, or II. The equipment is located so that no un-insulated part of its structure (that portion of the structure that provides a conductive path to employees on the ground) can come closer to the line than permitted. • If any vehicle or mechanical equipment capable of having parts of its structure elevated near energized overhead lines is intentionally grounded, employees working on the ground near the point of grounding may not stand at the grounding location whenever there is possibility of overhead line contact. Additional precautions, such as the use of barricades or insulation, shall be taken to protect employees from hazardous ground potentials, depending on earth resistivity and fault currents, which can develop within the first few feet or more outward from the grounding point. • When working under overhead lines, the lines shall be de-energized and grounded or other protective measures shall be provided before work is started. • Unqualified employee clearance distances are 10' for 50kV plus 4" for every additional 10kV. • Employees may not enter spaces containing exposed energized parts unless illumination is provided that enables the employees to work safely. • Protective shields, protective barriers or insulating materials as necessary shall be provided while working in confined or enclosed work spaces where electrical hazards may exist. • Portable ladders shall have non-conductive side rails (see Section XI Ladder Safety for more info). • Conductive items of jewelry or clothing shall not be worn unless they are rendered non-conductive by covering, © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 27 wrapping or other insulating means. XXII. LOCKOUT / TAG-OUT The following procedures will be followed to lockout and tag-out energy sources prior to any maintenance or repair work performed on equipment or in work areas where the potential for equipment to become energized: • Potential energy may include any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other energy. • Lockout/Tag-out devices shall indicate the identity of the employee applying the device. • Supervisors shall perform periodic inspections to ensure procedures and requirements are being followed. A certified review of the inspection including date, equipment, employees & the inspector should be documented. • Before an authorized or affected employee turns off a machine or equipment, the authorized employee shall have knowledge of the type & magnitude of the energy, the hazards of the energy to be controlled, & the methods or means to control the energy. • The machine or equipment shall be turned off or shutdown using the procedures established for the machine or equipment. An orderly shutdown must be utilized to avoid any additional or increased hazard(s) to employees as a result of the equipment stoppage. • All energy isolating devices that are needed to control the energy to the machine or equipment shall be physically located & operated in such a manner as to isolate the machine or equipment from the energy source. • Following the application of lockout or tag-out devices to energy isolating devices, all potentially hazardous stored or residual energy shall be relieved, disconnected, restrained & otherwise rendered safe. If there is a possibility of re-accumulation of stored energy level, verification of isolation shall be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists. • Prior to starting work on machines or equipment that have been locked or tagged out; the authorized employee shall verify that isolation & de-energization of the machine or equipment have been accomplished. • Groups of workers in different crafts, departments, etc. shall be notified of the lockout/tag-out of any equipment within the area or any employee who enters the area at the time the equipment is locked out/tagged-out. Notifications should afford the group of employees a level of protection equal to that provided by a personal lockout or tag-out device. • The authorized employee should ascertain the exposure status of individual group members. Each employee shall attach a personal lockout or tag-out device to the group's device while he/she is working & then removes it when finished. During shift change or personnel changes, there should be sufficient notifications to ensure the continuity of lockout or tag-out procedures. Documentation should be specific. • The training must include recognition of hazardous energy source, type & magnitude of energy available, methods & means necessary for energy isolation & control. Each authorized employee shall receive adequate training. The training should address that all affected employees are instructed in the purpose & use of the energy control procedure. There should be training provisions included for any other employee whose work operations are or may be in an area where energy control procedures may be utilized. The employee training should also address when tag-out systems are used including the limitations of a tag (tags are warning devices & do not provide physical restraint). The training should also include that a tag is not to be removed without authorization. The tag is never to be ignored or defeated in any way. • Retraining is required when there is a change in job assignments, in machines, a change in the energy control procedures, or a new hazard is introduced. All training and/or retraining must be documented, signed & certified. XXIII. RESPIRATORY PROTECTION • The employee must be trained in the knowledge of respirators, fit, use, limitations, emergency situations, wearing, fit checks, maintenance & storage, medical signs & symptoms of effective use, and general requirements of the OSHA standard. The training must be provided before requiring the employee to use the respirator and annually thereafter. • Respirators are to be used when engineering control measures are not feasible or during emergency situations with high exposure. Respirators shall be provided which are applicable and suitable for purpose intended (exposure to harmful vapors or oxygen deficient atmospheres). • The respiratory program administrator shall be the Heath Safety Manager who is knowledgeable of the complexity of the program, able to conduct evaluations and have the proper training. • Respirators are required to be provided free to the employee. • Hazards must be identified and NIOSH certified respirators must be selected and provided based on those hazards and factors affecting performance. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 28 • Medical evaluation prior to fit-testing must be confidential, during normal working hours, convenient, understandable, and the employee given chance to discuss results with the physician or other licensed health care professional (PLHCP). • Employees are required to pass qualitative fit test (QLFT) or quantitative fit test (QNFT) before initial use, if a different respirator is used, and annually. • Anything that can affect the seal must be prohibited and include facial hair, glasses, etc. Respirators with tight-fitting face pieces shall not be worn by employees who have facial hair that comes between the sealing surface of the face piece and the face or that interferes with valve function. • The program administrator must address appropriate surveillance, and ensure employees leave the area to wash, change cartridges, or if they detect break-through or resistance. • Working in IDLH atmospheres is not allowed. • Respirators are required to be provided in a clean and sanitary manner using manufacturer's procedures. • Storage shall include protection from damage or contamination. For emergency use respirators; stored accessible, clearly marked. • Inspections shall be performed in the following intervals for the rated respirator: • Routine use - before use and during cleaning. • Emergency use- monthly, and before and after each use. • Escape-only use - before being carried into workplace. XXIV. RIGGING MATERIAL HANDLING • Rigging equipment shall be inspected to ensure it is safe. Rigging equipment for material handling shall be inspected prior to use on each shift and as necessary during its use to ensure that it is safe. • Defective equipment shall not be used and removed from service immediately. • Rigging equipment shall not be loaded beyond its recommended safe working load and load identification shall be attached to the rigging. • Rigging equipment not in use shall be removed from the immediate work area so as not to present a hazard to employees. Tag lines shall be used unless their use creates an unsafe condition. • Hooks on overhaul ball assemblies, lower load blocks, or other attachment assemblies shall be of a type that can be closed and locked, eliminating the hook throat opening. Alternatively, an alloy anchor type shackle with a bolt, nut and retaining pin may be used. • All employees shall be kept clear of loads about to be lifted and of suspended loads. XXV. TRENCHING / SHORING / EXCAVATIONS The location of underground installations shall be determined before excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours, or cannot establish exact location of these installations, the employer may proceed, provided the employer does so with caution and provided detection equipment or other acceptable means to locate utility installations are used. Trench excavations shall have ramps, ladders, stairs, etc.; the means of egress must be within 25 feet of lateral travel for employees. For exposure to public traffic, the employees shall be provided reflective vests, etc. There should be some means to protect against falls from walkways or pedestrian crossings. Examples could include railings or guardrails. Employees should not work under loads of digging equipment where loads may fall. Employees must be protected from water accumulation, including the use of shields, and must be inspected by a competent person before work begins. Competent persons should examine the possibility of cave-ins, failures or protective systems, etc. If problems are found, provisions should be made for immediate personnel removal. The competent person should be specified and his duties described. Duties might include: inspections prior to entry, atmospheric testing, and removal of workers if conditions dictate. Tests should be conducted for air contaminants (oxygen, flammable gases, etc. and provide ventilation where necessary. Soil classifications must be determined by testing and protective systems designed according to soil classifications. XXVI. RECORDKEEPING A. Training Records © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 29 Training records are completed for each employee upon completion of training. These documents will be kepy for at least three years at Heath Consultants Human Resources offices. The training records include: • The dates of the training sessions • The contents or a summary of the training sessions • The names and qualifications of persons conducting the training • The names and job titles of all persons attending the training sessions Employee training records are provided upon request to the employee’s authorized representative within 15 working days. Such requests should be addressed to Heath Safety Department. B. Medical Records Medical records are maintained for each employee with occupational exposure in accordance with 29 CFR 1910.1020, “Access to Employee Exposure and Medical Records.” Heath Human Resources Department is responsible for maintenance of the required medical records. These confidential records are kept in the Heath Human Resource Department Offices for at least the duration of employment plus 30 years. Employee medical records are provided upon request of the employee or to anyone having written consent of the employee within 15 working days. Such requests should be sent to the Heath Safety Department. C. OSHA Recordkeeping An exposure incident is evaluated to determine if the case meets OSHA’s recordkeeping requirements (29 CFR 1904). This determination and the recording activities are done by Heath’s Human Resources Department. D. Sharps Injury Log In addition to the 1904 recordkeeping requirements, all percutaneous injuries from contaminated sharps are also recorded ina Sharps Injury Log. All incidences must include at least: • Date of injury • Type and brand of device involved (syringe, suture needle) • Department or work area where the incident occurred • Explanation of how the incident occurred This log is reviewed as part of the annual program evaluation and maintained for at least five years following the end of the calendar year covered. If a copy is requested by anyone, it must have any personal identifiers removed from the report. XXVII. ENFORCEMENT OF SAFETY POLICY Safety violation notice(s) (Employee Warning Notice - Attachment B) shall be issued to any employee, subcontractor, or anyone on the jobsite violating the safety rules or regulations by the project manager or supervisor. Project Managers or Supervisors will meet with employee(s) to discuss the infraction & inform individual(s) of the rule or procedure that was violated and the corrective action to be taken. A. Any violation of safety rules can result in suspension or immediate termination. B. Any employee receiving three (3) written general violations within a six (6) month period shall be terminated. C. Issuance of a safety violation notice for failure to use any required safety equipment or for failure to report a job injury (at the time of the injury) may result in immediate termination, in accordance with company policy. It is understood that Heath Consultants Incorporated is not restricting itself to the above rules and regulations. Additional rules and regulations as dictated by the job will be issued and posted as needed. If you have any questions regarding any of these policies contact your supervisor. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 30 XXVIII. ATTACHMENTS © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 31 ATTACHMENT A JOB SAFETY CHECKLIST The following Job Safety Checklist has been condensed and edited from the Occupational Safety and Health Act, Part 1926, Construction Safety and Health Regulations. NOTE: Not all items required in all job functions. A. Safety Rules _________ Shirts with sleeves worn. _________ Closed toe shoes worn. _________ Work areas safe and clean. _________ No use of alcoholic beverages or controlled substances. _________ Drug testing of employees involved in accident(s) resulting in personal injury or property damage. B. Recordkeeping _________ OSHA poster "You Have a Right to a Safe and Healthful Workplace" posted. _________ OSHA " 300 Log of Occupational Injuries and Illnesses” posted from February 1 to April 30 only. _________ Safety meeting sign-in logs (Attachment C) maintained in a folder with a copy forwarded to the corporate office weekly. C. Housekeeping and Sanitation _________ General neatness. _________ Regular disposal of trash. _________ Passageways, driveways, and walkways clear. _________ Waste containers provided and used. _________ Adequate supply of drinking water. _________ Sanitary facilities adequate and clean. _________ Adequate ventilation. D. First Aid _________ First aid stations with supplies and equipment. The expiration dates of supplies checked monthly. Expired supplies discarded. _________ Trained first aid personnel. _________ Injuries promptly and properly reported. E. Personal Protective Equipment _________ Hard hats. _________ Eye and face protection. F. Fire Protection _________ Fire extinguishers charged and identified. _________ “No Smoking” signs posted. _________ Flammable and combustible material storage area. _________ Fuel containers labeled. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 32 G. Hand Tools _________ Tools inspected. H. Flame Ionization Fuel _________ Compressed gas cylinders secured in vertical position. _________ Hoses inspected. _________ Cylinders, caps, valves, couplings, regulators, and hoses free of oil and grease. _________ Caps on cylinders in storage in place. I. Motor Vehicles _________ Lights, brakes, tires, horn, etc., inspected at regular intervals. _________ No overloaded vehicles. _________ No riding on the edge of or in pickup truck beds. _________ Fire extinguishers installed and readily available. _________ Seat belts worn at all times. _________ Proper labeling and safety decals present. (“How’s My Driving”) EMPLOYEE WARNING NOTICE ATTACHMENT B © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 33 Employee: Warning Date: Employee No. Department/Project # Shift: VIOLATIONS ATTENDANCE PERSONAL WORK UNAUTHORIZED ABSENCE CARELESSNESS REFUSAL TO WORK OVERTIME WORK QUALITY CONDUCT SAFETY WILLFUL DAMAGE TO COMPANY INSUBORDINATION TARDINESS OTHER: WARNINGS PREVIOUSLY Warning # Date Oral Written Signed 1. Yes No 2. Yes No 3. Yes No COMPANY STATEMENT EMPLOYEE STATEMENT I agree with Company Statement I disagree with Company Statement Reasons: Signed Title: Date: Signed Date: ACTION TAKEN: I have read this Warning and understand it. EMPLOYEE’S SIGNATURE ________________________________________________________ DATE: SUPERVISOR ___________________________________________________________________ DATE: This form was refused by Employee SUPERVISOR ___________________________________________________________________ DATE: * If the Employee Warning Notice, after completion, contains information on the medical condition or history of an employee, then it must be maintained in a separate medical file and treated as confidential in accordance with applicable law and regulations. ATTACHMENT C Heath Consultants Incorporated Safety Meeting Report © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 34 Session Date: Session Location: Instructor: Length of Session: Session Subject: Video: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Attended By: Print Name / Employee Number Print Name / Employee Number © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 35 SUPERVISOR’S REPORT OF ACCIDENT (Please read and follow instructions on back of form) E-mail completed form to hr@heathus.com or fax to 713-844-1310 Date and time A.M. P.M. of accident. Name of employee Division Project Employee title Years with company Years in present job Did employee lose time from work?Yes No Hours lost date of accident Has employee returned to work? Yes No ANSWER THE FOLLOWING: (Give honest opinion. We are not trying to assign blame-but prevent accidents.) CHECK 1. Was injured person properly instructed in safe and efficient methods? . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 2. Did injured person violate any instructions? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Yes 3. Was necessary protective equipment worn? (if applicable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 4. Did poor housekeeping contribute to the injury? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Yes 5. Did horseplay cause the injury?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 6. Was the injury caused by something which needed repairs?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Yes 7. Did any bodily defect contribute to injury? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 8. Was the injury caused by an unsafe act? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Yes 9. Did injured employee report the injury to you, the supervisor, immediately? . . . . . . . . . . . . . . . . . . . . . Yes No 10. Was employee sent for post accident drug and alcohol testing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Yes ACCIDENT: (Describe what injured was doing at time of accident, what happened, who was involved, nature of injury.) Witnesses’ names: UNSAFE ACTS: (What did the employee or another person do incorrectly?) UNSAFE CONDITIONS: (What unsafe condition was involved?) ACTIONS TAKEN: (What did you do to correct the conditions which caused the injury?) REMEDIES: (What should Heath do to prevent other injuries like this?) MEDICAL CARE: Did employee go to doctor or hospital? Yes No If “YES”, complete the following: Name of doctor or hospital Date of initial visit Address Telephone n umber As supervisor, do you feel that this injury should be covered under workers’ compensation ? Yes No Reason why: Report submitted by: Date Heath Consultants Incorporated ATTACHMENT D © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 36 INSTRUCTIONS FOR COMPLETION OF “SUPERVISOR’S REPORT OF ACCIDENT” FORM The primary purpose of the SRA is to investigate the accident. It is also used to report the accident to the corporate office where the First Report of Injury is completed and forwarded to the Workers’ Compensation Insurance carrier. The SRA should be filled out as soon as possible after the accident. If the SRA is incomplete or delayed, corrective action may also be delayed. This may result in another occurrence of a similar accident. The initial information asked for at the top of the SRA concerning the injured person’s name, division, project, title, time with the company and hours lost is self-explanatory, but necessary for eventual completion of the First Report of Injury. The following is a line-by-line set of instructions for completing of the SRA questions by the supervisor of the injured employee. Concrete examples of important parts of the form are given for your use. This report is not to be completed by the injured employee. 1. Was proper instruction given to the employee on how to do the job safely? Supervisors should instruct their employees on how to do the job efficiently and safely. 2. Referred to in question # 1. 3. The supervisor should have told the employee what personal protective equipment is necessary to do the job. Did the employee wear the personal protective equipment when this job was being done? 4. Was the work area clean and well organized? (The work area may include the vehicle used on the job.) 5. Was there inadequate supervision? Did horseplay or practical jokes contribute to the accident? 6. Was the injured person using equipment that was unsafe and/or in need of repair? 7. Did this person have any bodily defects which might have helped cause the accident? i.e., poor vision, previous injury, etc. 8. Many accidents are caused in part by unsafe acts. An unsafe act is something that the injured person or another person did, that they should not have done, which led to the accident. Below is a list of the most common unsafe acts and contributing factors: Operating without authority; Failure to warn or secure; Operating at unsafe speed; Making safety devices inoperative; Using equipment, tools, materials or vehicles unsafely; Using defective equipment, materials, tools or vehicles; Failure to use personal protective equipment; Failure to use appropriate equipment provided; Unsafe lifting, loading, or carrying; Taking an unsafe position; Distracting or teasing; Poor housekeeping practices; Disregard of instructions; Lack of knowledge or skill; Act of other than injured. 9. The accident should have been reported immediately to the supervisor; was it? 10. It is a company policy that any employee involved in an at-fault injury must be sent for drug and alcohol testing. ACCIDENT: Describe what the injured was doing at the time of the accident, what happened, who was involved and what injuries resulted. UNSAFE ACT: Refer to question 8 above and the examples of unsafe acts. UNSAFE CONDITIONS: Defective tools or equipment, Unsafe design or construction, Hazardous arrangement, Improper illumination, Improper dress, Poor housekeeping, Congested area, Other. ACTION TAKEN: and REMEDY: Define the action and corrective action taken or to be taken. MEDICAL CARE: Include all medical information that is known at this time. Do not delay the completion of this form for more complete information. As supervisor, do you feel that this injury should be covered under Workers’ Compensation benefits? As a general rule, if the employee is injured while at work, that injury is covered. However, if you as supervisor have reason to suspect that the injury did not occur at work, please explain. This is only an opinion and by itself will not deny benefits. © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 37 ATTACHMENT E Electrical Safety Qualified/Non-qualified Employees Approach Distance Table Voltage range (phase to phase) | Minimum approach distance 300V and less | Avoid Contact Over 300V, not over 750V | 1 ft. 0 in. (30.5 cm). Over 750V, not over 2kV | 1 ft. 6 in. (46 cm). Over 2kV, not over 15kV | 2 ft. 0 in. (61 cm). Over 15kV, not over 37kV | 3 ft. 0 in. (91 cm). Over 37kV, not over 87.5kV | 3 ft. 6 in. (107 cm). Over 87.5kV, not over 121kV | 4 ft. 0 in. (122 cm). Over 121kV, not over 140kV | 4 ft. 6 in. (137 cm). ATTACHMENT F © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 38 © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 39 ATTACHMENT G Field Safety Inspection Report Name: Emp ID: Date: Project Number: Location: Time: A.M./P.M. EQUIPMENT YES NO N/A COMMENTS Field Manual Client ID Heath ID Workers Comp. Card Safety Standards Card Uniforms Safety Vest Boots/Ankle Support Hard Hat/Date Issued Safety Glasses Flashlight Dog Umbrella Leak Detector Cell Phone Hydration Pack Hearing Protection Rain Gear First Aid Kit Other VEHICLE YES NO N/A COMMENTS Current Inspection Current Registration Current Insurance Driver's License Exp. Date Headlights Working Taillights Working Brake Lights Turn Signals Hazard Lights Tires in Good Condition Beacon Light Company Logo Safety Cone Blind Spot Mirrors Accident/Injury Form Other Technicians Signature: Inspection Completed By Signature © Heath Consultants Incorporated SBU Safety Policy Manual Rev. D Page 40 ATTACHMENT H SAFETY MANUAL EMPLOYEE ACKNOWLEDGMENT I state that I have attended safety orientation, and have read and received a copy of the Heath Consultants Incorporated safety rules and regulations. I further state that I understand these rules and acknowledge that compliance with the safety rules and regulations is a condition of employment. If I violate the safety rules or fail to report an injury to my supervisor immediately, I understand that I am subject to termination, in accordance with company policy. ____________________________________________________________________________ EMPLOYEE NAME (PRINTED AND SIGNATURE) __________________________________________ DATE ____________________________________________________________________________ SUPERVISOR NAME (PRINTED AND SIGNATURE) __________________________________________ DATE cc: Supervisor Human Resources SECTION 10 - EXCEPTIONS, ADDENDA & REQUIRED FORMS EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Natural Gas – Line Locating 28 ITB # 07-16 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 Name Date: 99 99 )FBUI$POTVMUBOUT*ODPSQPSBUFE 4UBOEBSE5FSNTBOE$POEJUJPOT 1H 45FSNJOBUJPOGPS$POWFOJFODF)FBUIXPVMEMJLFUPSFRVFTUNVUVBMMBOHVBHFJOUIF QBSBHSBQI&YBNQMF5IF$JUZBOEUIF$POUSBDUPSSFTFSWFUIFSJHIUUPUFSNJOBUFUIJTBHSFFNFOU 4UBOEBSE5FSNTBOE$POdJUJPOT 1H 4*OEFNOJGJDBUJPO)FBUIXPVMEMJLFUPSFRVFTUDPOTJEFSBUJPOPG.VUVBM *OEFNOJGJDBUJPOMBOHVBHF"TBNQMFJTBUUBDIFECFIJOEUIJTQBHF 4UBOEBSE5FSNTBOE$POEJUJPOT 1H 4/PUJDFT)FBUIXPVMEMJLFUPJODMVEFFNBJMOPUJGJDBUJPOT4BNQMFMBOHVBHF JJ TFOUWJBDFSUJGJFENBJM SFHJTUFSFENBJM PSFNBJM<>*GTFOUWJBPWFSOJHIUDPVSJFS GBDTJNJMJF PSFNBJM SFDFJQUXJMMCFEFFNFE FGGFDUJWFUXP DBMFOEBSEBZTBGUFSUIFTFOEJOHUIFSFPG MUTUAL INDEMNITY: CONTRACTOR SHALL INDEMNIFY AND HOLD COMPANY AND ITS AGENTS, EMPLOYEES, PARTNERS, PARENTS, SUBSIDIARIES, INSURERS AND AFFILIATES HARMLESS FROM ANY LOSSES, COSTS, CLAIMS (INCLUDING CLAIMS OF CONTRACTOR’S EMPLOYEES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), SUITS, ACTIONS, JUDGMENTS, FINES, PENALTIES OR DAMAGES OF EVERY NATURE AND DESCRIPTION (COLLECTIVELY “LOSSES”) ARISING OUT OF OR RESULTING FROM THE CONTRACTOR’S WORK UNDER THIS AGREEMENT, EXCEPT THAT CONTRACTOR’S OBLIGATION TO INDEMNIFY COMPANY SHALL NOT APPLY TO ANY LOSSES OR LIABILITIES ARISING FROM COMPANY’S SOLE NEGLIGENCE, OR THAT PORTION OF ANY LIABILITIES THAT ARISE OUT OF COMPANY’S CONTRIBUTING NEGLIGENT ACTS OR NEGLIGENT OMISSIONS. COMPANY SHALL INDEMNIFY AND HOLD CONTRACTOR AND ITS AGENTS, EMPLOYEES, PARTNERS, PARENTS, SUBSIDIARIES, INSURERS AND AFFILIATES HARMLESS FROM ANY LOSSES, COSTS, CLAIMS (INCLUDING CLAIMS OF COMPANY’S EMPLOYEES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), SUITS, ACTIONS, JUDGMENTS, FINES, PENALTIES OR DAMAGES OF EVERY NATURE AND DESCRIPTION (COLLECTIVELY “LOSSES”) ARISING OUT OF OR ALLEGED TO ARISE OUT OF COMPANY’S WORK OR PERFORMANCE UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT COMPANY’S OBLIGATION TO INDEMNIFY CONTRACTOR SHALL NOT APPLY TO ANY LOSSES OR LIABILITIES ARISING FROM CONTRACTOR’S SOLE NEGLIGENCE, OR THAT PORTION OF ANY LIABILITIES THAT ARISE OUT OF CONTRACTOR’S CONTRIBUTING NEGLIGENT ACTS OR NEGLIGENT OMISSIONS. Finance Department Purchasing Division Vv2015.mm Addendum # 1 ITB # 07-16, Natural Gas – Line Locating January 12, 2016 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 07-16, Natural Gas – Line Locating. Item C on Page 18 has been revised as follows: C. SERVICE TYPES: Regular Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days, per F.S. 556. Short Notice Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days. Emergency Request: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); respond to the location within two (2) hours ; and work completed within two full business days. All other dates and terms and conditions remain the same in this Invitation to Bid. End of Addenda VENDOR INFORMATION Natural Gas – Line Locating 29 ITB # 07-16 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 from Address (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 Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: )FBUI$POTVMUBOUT*ODPSQPSBUFE .POSPF3E )PVTUPO 59 DPOUSBDUTBENJO!IFBUIVTDPN XXXIFBUIVTDPN (BSZ-BQF HMBQF!IFBUIVTDPN +FTTJF4QJSFT KTQJSFT!IFBUIVTDPN 99 4VQQMJFST $MFBSJOHIPVTFPG$BMJGPSOJB16$ January 105, 2016 SECTION 11 - INSURANCE CERTIFICATES & BID BOND TheACORDnameandlogoareregisteredmarksofACORD CERTIFICATE HOLDER ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence)$DAMAGE TO RENTED EACHOCCURRENCE $ MEDEXP(Anyoneperson)$ PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACHOCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACHACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describeunderDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILYINJURY(Perperson) BODILYINJURY(Peraccident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Eaaccident) (Peraccident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATENUMBER:REVISIONNUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC# INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDINGCOVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 1/8/2016 Insgroup, Inc. 1455 W. Loop South, 9th Floor Houston TX77027 Linda Fontenot (713)541-7272 (713)772-5224 lfontenot@insgroup.net Heath Consultants Inc. 9030 Monroe Rd. Houston TX77061 Liberty Mutual Fire Ins. Co.23035 Steadfast Insurance Company 26387 CL1572272005 A X X X TB2Z91452436035 7/30/20157/30/2016 2,000,000 1,000,000 10,000 2,000,000 2,000,000 2,000,000 Employee Benefits A X X X AS2Z91452436025 7/30/20157/30/2016 1,000,000 A X X X 10,000 TH7Z91452436065 7/30/20157/30/2016 10,000,000 10,000,000 B Pollution Liability EOC5932316 7/30/20157/30/2016 Aggregate $5,000,000 Each Claim $5,000,000 The General Liability policy includes a blanket additional insured waiver of subrogation and 30 day notice of cancellation endorsement #LC0443 0512, LIM9901 0511 policy contains a special endorsement with the primary and noncontributory wording per form LC2420 0213 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Contractual Liability coverage provided by the policy is standard and may not cover all liabilities assumed by the named insured under the contract with the certificate holder endorsement CG0001 0413. The Auto Liability policy provide a blanket additional insured endorsement CA2048 1013 waiver of Henry Hochman/JR02 City of Clearwater Purchasing Department, ITB#07-16 P.O. Box 4748 Clearwater, FL 33758 COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK subrogation endorsement CA0444 1013 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Auto Liability policy include a blanket 30 day notice of cancellation endorsement LIM9901 0511 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Umbrella Liability policy provide Auto Liability Follow Form and General Liability Contractual Liability Follow Form LCU0001 1110. Additional Insured status is included regarding form number LCU0001 1110, waiver of subrogation endorsement LC2407 0807 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Policy include a blanket 30 day notice of cancellation endorsement IC9999 1011 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. TH7-Z91-452436-065 TB2-Z91-452436-035 Liberty Mutual Fire Insurance Company AS2-Z91-452436-025 AS2-Z91-452436-025 Liberty Mutual Fire Insurance Co. AS2-Z91-452436-025 TB2-Z91-452436-035 TH7-Z91-452436-065 07/30/2015 TB2-Z91-452436-035 Liberty Mutual Fire Insurance Co. 1/8/2016 10007653 SOI7913 City of Clearwater Attn: Purchasing Department, ITB#07-16 PO Box 4748 Clearwater, FL 33758 PO Box 241448 RE: Heath Consultants Incorporated Strategic Outsourcing, Inc Charlotte, NC 28224 Indemnity Insurance Company of North America 43575 6100 Fairview Road Charlotte, NC 28210 Commercial Lines Wells Fargo Insurance Services USA, Inc. 888-572-2412 certs@trinet.com 1,000,000 1,000,000 A WLRC48560349 1,000,000 03/01/2015 03/01/2016 X N Workers' Compensation Insurance is limited to employees of Heath Consultants Incorporated through a co-employment contract with Strategic Outsourcing, Inc. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2267 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a purchase order (contract) to Accela, Inc., San Ramon, CA for the period of April 1, 2016 through March 31, 2017 for software maintenance at a cost not to exceed $105,268.11 in accordance with Sec. 2.564(1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual maintenance contract for Accela (permitting, licensing and code management system) and includes Citizen Access portal at $9,006.51, Land Management at $76,249.74, Mobile Office at $13,304.09, and GIS Interface at $6,707.77. This Purchase Order represents an approximate increase of $9,570 increase from a year ago. APPROPRIATION CODE AND AMOUNT: 0555-09864-546200-519-000-0000 - $105,268.11 Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2237 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a contract to Wannemacher Jensen Architects, Inc. (WJA), St. Petersburg, FL in the amount of $97,718, which includes a 25% contingency, for architectural and engineering design services required to provide concept designs for the future development of Crest Lake Park, 201 Glenwood Ave and authorize the appropriate officials to execute same. (consent) SUMMARY: The City Council approved allocating $250,000 in Penny funds for CIP project Crest Lake Park Improvements for Fiscal Year 2015/16. The scope of this project is to provide for the design, public engagement process and permitting needed for renovations at Crest Lake Park. WJA is one of the City's Architects of Record and has successfully partnered with the City in designing and constructing several major park projects including the North Greenwood Recreation & Aquatics Complex, Long Center Renovations, Aging Well Center at the Long Center, the Training Facility at Carpenter Complex and is currently working with the City on the design of the Morningside Recreation Center. WJA has partnered with W Architects to provide the design for the new $20 million project known as the Pier Approach Project in downtown St. Petersburg that will link the waterfront and its parks to the vibrant and booming downtown area. This team won the contract over four other national teams vying to design this massive waterfront project which will compliment the new St. Petersburg pier project. Staff believes this is also the team that can provide the design and program needed to brand Clearwater’s main entrance park, improve its waterfront edges, link the park with its immediate neighborhood, become a gateway to downtown and the beaches and attract both locals and tourists with a diversity of experiences. The scope of services included in this contract includes program development, master plan options, conceptual designs, community engagement, stormwater improvement plan and cost estimates. A contract for Schematic Design through Construction Administration will follow once the scope of the project is settled and approved. In addition to public workshop meetings, there will be a master plan committee made up of city staff and citizens to work on the master plan for the park that will best meet the needs of the community and City as a whole. Fees for this contract are within the State of Florida’s Department of Management Service (DMS) fee guidelines. A 25% contingency fund has been included in the contract to cover any unforeseen meetings or additional scope changes. Page 1 City of Clearwater Printed on 4/7/2016 File Number: ID#16-2237 This item supports the City Strategic Direction and priorities for quality by providing new infrastructure for the citizens of Clearwater. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 315-93650 Crest Lake Park Improvements to fund the contract. Page 2 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2259 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the Florida Highway Beautification Council Grant (FHBCG) Landscape, Construction and Maintenance Memorandum of Agreement between the Florida Department of Transportation, District 7, and the City of Clearwater for the installation and maintenance of landscaped medians within the Missouri Avenue corridor (northern section) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation District 7 has notified the City of the award of up to $100,000 to assist in the development of landscape medians in the Missouri Avenue corridor from Court Street south to Kingsley Street through the FHBCG program. The Resource Committee approved applying for the grant at their August 5, 2015 meeting. The City Council approved the submission of the grant application at their meeting on August 20, 2015. The FHBCG program will fund up to $100,000 of the total project cost including installation of a sprinkler system, cost of plant materials, labor to install plant materials, design fee, Maintenance of Traffic and an establishment period of one year. This section consists of 7 medians, and is estimated to cost approximately $220,185 or $31,455 per median. The agreement is for a period of 10 years, with renewal options. If the City terminates the agreement, the City will be responsible for project removal. APPROPRIATION CODE AND AMOUNT: The City's match was provided by a Fiscal Year14-15 third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to Capital Improvement Project 315-93322, Missouri Avenue Median Beautification. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2241 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Award a construction contract to David Nelson Construction Co. of Palm Harbor, Florida, for the Greenlea-Otten Neighborhood Traffic Calming, Roadway and Stormwater Improvements Project (10-0003-EN) in the amount of $3,071,486.83, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: This project involves construction of traffic calming features in the Greenlea-Otten Neighborhood envisioned by community residents at the Greenlea-Otten Traffic Calming Charrette and supported by a petition signed by owners of over 65% of the parcels in the project area. The engineering plans were reviewed for faithfulness to their charrette vision by residents belonging to the Greenlea-Otten Tech Team at all project milestones. The Tech Team has kept the neighborhood informed about the project through personal contact. Traffic calming features include single lane roundabouts, oval medians, speed tables, traffic separators, and landscaping. The project also includes stormwater improvements which consist of reconstruction of 1300 feet of roadway with a stormwater facility consisting of 1500 feet of storm pipes with sizes up to 24 inches per pipe. Work will commence upon award and execution of the contract and will be completed within 435 calendar days. Ongoing maintenance of the landscaping, roadway, and sidewalk elements of the project shall be provided by the Parks and Recreation Department. The landscaping was designed, with Parks Department input, for low maintenance. Street signage and pavement markings shall be maintained by the Traffic Operations Division. The stormwater system shall be maintained by Engineering’s Stormwater Maintenance Division. APPROPRIATION CODE AND AMOUNT: 0315-92276-563700-541-000-0000 $2,589,738.53 0315-96169-563700-541-000-0000 $ 481,748.30 Page 1 City of Clearwater Printed on 4/7/2016 File Number: ID#16-2241 Sufficient funds are available in capital improvement program projects in amounts of $2,589,738.53 from 0315-92276, Traffic Calming Program and $481,748.30 from 315-96169, Stevenson Creek to fund the contract. Page 2 City of Clearwater Printed on 4/7/2016 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ROADWAY 1 MOBILIZATION/DEMOBILIZATION 1 LS 360,000.00$ 360,000.00$ 85,000.00$ 85,000.00$ 297,000.00$ 297,000.00$ 2 TRAFFIC CONTROL 1 LS 165,000.00$ 165,000.00$ 61,450.00$ 61,450.00$ 62,000.00$ 62,000.00$ 3 CLEARING & GRUBBING, EROSION CONTROL AND CONTRATOR STAKING 1 LS 150,000.00$ 150,000.00$ 70,000.00$ 70,000.00$ 62,100.00$ 62,100.00$ 4 Tree Barricade 4 EA 269.00$ 1,076.00$ 190.00$ 760.00$ 675.00$ 2,700.00$ 5 Root Pruning 759 LF 16.00$ 12,144.00$ 9.00$ 6,831.00$ 12.80$ 9,715.20$ 6 Asphalt driveway removal 197 SY 106.00$ 20,882.00$ 2.00$ 394.00$ 6.00$ 1,182.00$ 7 Concrete driveway removal 18,794 SF 4.00$ 75,176.00$ 1.10$ 20,673.40$ 0.90$ 16,914.60$ 8 Concrete curb & gutter removal 190 LF 22.00$ 4,180.00$ 3.35$ 636.50$ 8.00$ 1,520.00$ 9 Concrete gutter removal 6,200 LF 19.00$ 117,800.00$ 3.85$ 23,870.00$ 1.75$ 10,850.00$ 10 Concrete sidewalk removal 14,898 SF 2.50$ 37,245.00$ 0.90$ 13,408.20$ 1.15$ 17,132.70$ 11 Pavement removal 11,155 SY 11.50$ 128,282.50$ 3.50$ 39,042.50$ 3.30$ 36,811.50$ 12 Relocate cleanout 2 EA 900.00$ 1,800.00$ 950.00$ 1,900.00$ 680.00$ 1,360.00$ 13 Relocate water meter 9 EA 770.00$ 6,930.00$ 450.00$ 4,050.00$ 350.00$ 3,150.00$ 14 Fire hydrant removal 1 EA 1,160.00$ 1,160.00$ 950.00$ 950.00$ 1,370.00$ 1,370.00$ 15 Tree removal 10 EA 1,070.00$ 10,700.00$ 360.00$ 3,600.00$ 1,140.00$ 11,400.00$ 16 Mill asphalt pavement, 1-inch 426 SY 12.00$ 5,112.00$ 20.00$ 8,520.00$ 16.00$ 6,816.00$ 17 Mill asphalt pavement, 1.5-inch 6,203 SY 5.00$ 31,015.00$ 4.00$ 24,812.00$ 3.25$ 20,159.75$ 18 Speed Hump, removal 15 EA 1,180.00$ 17,700.00$ 670.00$ 10,050.00$ 860.00$ 12,900.00$ 19 Sign removal 27 EA 54.00$ 1,458.00$ 50.00$ 1,350.00$ 125.00$ 3,375.00$ 20 Excavation, roadway 1 LS 263,700.00$ 263,700.00$ 55,000.00$ 55,000.00$ 31,850.00$ 31,850.00$ 21 Fill, roadway 1 LS 10,050.00$ 10,050.00$ 1,500.00$ 1,500.00$ 15,800.00$ 15,800.00$ 22 Topsoil fill, median 488 CY 87.00$ 42,456.00$ 29.00$ 14,152.00$ 26.00$ 12,688.00$ 23 12" Type B stabilization 15,523 SY 18.00$ 279,414.00$ 14.50$ 225,083.50$ 11.00$ 170,753.00$ 24 8" crushed concrete base 11,751 SY 30.00$ 352,530.00$ 22.50$ 264,397.50$ 17.00$ 199,767.00$ 25 6" concrete pavement 838 SF 7.50$ 6,285.00$ 5.50$ 4,609.00$ 7.00$ 5,866.00$ 26 1.5"-2" asphalt pavement (Type SP)1,800 TON 135.00$ 243,000.00$ 129.00$ 232,200.00$ 170.00$ 306,000.00$ 27 Asphalt Speed Table 25 EA 3,240.00$ 81,000.00$ 4,000.00$ 100,000.00$ 2,700.00$ 67,500.00$ 28 Asphalt Texture Print 17,333 SF 10.00$ 173,330.00$ 7.50$ 129,997.50$ 8.85$ 153,397.05$ 29 Concrete Brick Pavers 838 SF 10.00$ 8,380.00$ 13.00$ 10,894.00$ 15.00$ 12,570.00$ 30 Concrete driveway 22,554 SF 8.00$ 180,432.00$ 8.00$ 180,432.00$ 7.00$ 157,878.00$ 31 Concrete sidewalk, 4"16,144 SF 3.50$ 56,504.00$ 4.00$ 64,576.00$ 6.20$ 100,092.80$ 32 Concrete sidewalk ramp, 6"2,121 SF 7.00$ 14,847.00$ 5.00$ 10,605.00$ 7.75$ 16,437.75$ 33 Detectable Warning Domes 27 EA 269.00$ 7,263.00$ 350.00$ 9,450.00$ 265.00$ 7,155.00$ 34 Curb & gutter, Type 1 9,199 LF 20.00$ 183,980.00$ 19.00$ 174,781.00$ 22.80$ 209,737.20$ 35 Straight curb 572 LF 30.50$ 17,446.00$ 16.00$ 9,152.00$ 28.00$ 16,016.00$ 36 Concrete valley gutter 185 LF 52.00$ 9,620.00$ 33.00$ 6,105.00$ 28.00$ 5,180.00$ 37 FDOT curb & gutter, type RA 525 LF 29.00$ 15,225.00$ 19.00$ 9,975.00$ 33.00$ 17,325.00$ 38 FDOT valley gutter 222 LF 35.50$ 7,881.00$ 33.00$ 7,326.00$ 28.00$ 6,216.00$ 39 Underdrain, 6-inch (Contingency)50 LF 75.00$ 3,750.00$ 20.00$ 1,000.00$ 49.00$ 2,450.00$ 40 Underdrain, 8-inch (Contingency)50 LF 75.00$ 3,750.00$ 21.00$ 1,050.00$ 50.00$ 2,500.00$ 41 8" PVC 23 LF 122.00$ 2,806.00$ 50.00$ 1,150.00$ 69.00$ 1,587.00$ 42 12" DIP (STM)98 LF 152.00$ 14,896.00$ 78.00$ 7,644.00$ 100.00$ 9,800.00$ 43 CLW Type A Wing (4') Inlet 1 EA 3,470.00$ 3,470.00$ 3,900.00$ 3,900.00$ 5,600.00$ 5,600.00$ 44 CLW Type A Wing (6') Inlet 1 EA 3,470.00$ 3,470.00$ 3,950.00$ 3,950.00$ 5,990.00$ 5,990.00$ 45 CLW Type A Double Wing (4') Inlet 1 EA 3,470.00$ 3,470.00$ 3,950.00$ 3,950.00$ 6,950.00$ 6,950.00$ 46 6" Ductile Iron Pipe (UD)240 LF 113.00$ 27,120.00$ 55.00$ 13,200.00$ 52.00$ 12,480.00$ 47 16" Ductile Iron Pipe (WM)60 LF 264.00$ 15,840.00$ 225.00$ 13,500.00$ 225.00$ 13,500.00$ 48 16" Pipe Restraint (Megalug)9 EA 333.00$ 2,997.00$ 550.00$ 4,950.00$ 350.00$ 3,150.00$ 49 16" Double Line Stop Assembly w/(2) 12"-150# By-Pass Assembly Adapters 1 EA 43,050.00$ 43,050.00$ 30,000.00$ 30,000.00$ 30,995.00$ 30,995.00$ 50 8" Ductile Iron Pipe (Protecto 401)120 LF 145.00$ 17,400.00$ 145.00$ 17,400.00$ 90.00$ 10,800.00$ 51 Fire Hydrant Assembly 1 EA 4,650.00$ 4,650.00$ 3,250.00$ 3,250.00$ 6,140.00$ 6,140.00$ 52 Adjust Manhole 6 EA 400.00$ 2,400.00$ 400.00$ 2,400.00$ 700.00$ 4,200.00$ 53 Adjust water valve box 3 EA 270.00$ 810.00$ 400.00$ 1,200.00$ 370.00$ 1,110.00$ 54 Adjust water meter 2 EA 269.00$ 538.00$ 500.00$ 1,000.00$ 430.00$ 860.00$ 55 Pavement markings, 6"14,412 LF 1.00$ 14,412.00$ 1.20$ 17,294.40$ 1.10$ 15,853.20$ 56 Pavement markings 10' - 30' skip, 6"170 LF 1.40$ 238.00$ 1.50$ 255.00$ 1.00$ 170.00$ 57 Pavement markings, 12"593 LF 3.00$ 1,779.00$ 2.50$ 1,482.50$ 2.20$ 1,304.60$ 58 Pavement markings, 18"-18" skip, 12"451 LF 3.00$ 1,353.00$ 3.00$ 1,353.00$ 1.00$ 451.00$ 59 Pavement markings, 18"391 LF 4.00$ 1,564.00$ 3.00$ 1,173.00$ 3.50$ 1,368.50$ 60 Pavement marking, 24"25 LF 5.00$ 125.00$ 5.50$ 137.50$ 5.00$ 125.00$ 61 Pavement marking removal, 6"120 LF 5.00$ 600.00$ 1.00$ 120.00$ 2.60$ 312.00$ 62 Directional arrows, thermoplastic 1 EA 85.00$ 85.00$ 160.00$ 160.00$ 125.00$ 125.00$ 63 Thermoplastic overlay pattern" YBR"2,077 SF 22.00$ 45,694.00$ 22.00$ 45,694.00$ 19.25$ 39,982.25$ 64 Reflective Paint 464 SF 2.00$ 928.00$ 2.00$ 928.00$ 2.00$ 928.00$ 65 Opti-curb reflectors 221 EA 86.00$ 19,006.00$ 75.00$ 16,575.00$ 75.00$ 16,575.00$ 66 Remove existing pavement markings 1 EA 280.00$ 280.00$ 400.00$ 400.00$ 300.00$ 300.00$ 67 Retro-reflective pavement marker 600 EA 5.00$ 3,000.00$ 4.50$ 2,700.00$ 4.50$ 2,700.00$ 68 Delineator 40 EA 73.00$ 2,920.00$ 160.00$ 6,400.00$ 260.00$ 10,400.00$ 69 Sign Assembly 209 AS 183.00$ 38,247.00$ 220.00$ 45,980.00$ 245.00$ 51,205.00$ 70 Sign Relocation 12 EA 86.00$ 1,032.00$ 80.00$ 960.00$ 100.00$ 1,200.00$ 71 Loop Assembly Type F 1 AS 2,700.00$ 2,700.00$ 3,000.00$ 3,000.00$ 2,570.00$ 2,570.00$ 72 Sod 44,331 SF 0.75$ 33,248.25$ 0.75$ 33,248.25$ 0.80$ 35,464.80$ 73 Arachis Glabrata "Perennial Peanut"892 SF 11.00$ 9,812.00$ 5.00$ 4,460.00$ 6.00$ 5,352.00$ 74 Trachelospermum Asiaticum "Minima Jasmine"510 SF 10.00$ 5,100.00$ 5.00$ 2,550.00$ 5.50$ 2,805.00$ 75 "Flax Lily"38 EA 11.00$ 418.00$ 5.00$ 190.00$ 8.00$ 304.00$ 76 "Coontie"169 EA 25.00$ 4,225.00$ 10.00$ 1,690.00$ 19.00$ 3,211.00$ 77 Raphiolepis Indica 'Alba' "Indian Hawthorne, White"108 EA 19.00$ 2,052.00$ 10.00$ 1,080.00$ 12.00$ 1,296.00$ 78 Quercus Virginiana 'Boardwalk' "Boardwalk Live Oak"3 EA 975.00$ 2,925.00$ 1,400.00$ 4,200.00$ 835.00$ 2,505.00$ 79 Sabal Palmetto "Cabbage Palm"35 EA 418.00$ 14,630.00$ 250.00$ 8,750.00$ 370.00$ 12,950.00$ 80 Mulch (Cocoa)57 CY 64.00$ 3,648.00$ 65.00$ 3,705.00$ 71.00$ 4,047.00$ 81 Low voltage lighting (uplighting for tree)7 EA 540.00$ 3,780.00$ 1,200.00$ 8,400.00$ 8,835.00$ 61,845.00$ 82 Meter & drop for lighting 7 EA 540.00$ 3,780.00$ 2,700.00$ 18,900.00$ 8,835.00$ 61,845.00$ 83 Electrical sleeves (SCH 80 - 1 inch)288 LF 3.00$ 864.00$ 4.00$ 1,152.00$ 4.25$ 1,224.00$ 84 Irrigation sleeves (SCH 40 - 2 inch)1,231 LF 3.00$ 3,693.00$ 3.00$ 3,693.00$ 3.50$ 4,308.50$ 85 Water Meter Assembly - Reclaimed 7 EA 1,070.00$ 7,490.00$ 300.00$ 2,100.00$ 725.00$ 5,075.00$ 86 Water Meter/Backflow Preventor Assembly - Potable 17 EA 1,350.00$ 22,950.00$ 500.00$ 8,500.00$ 1,170.00$ 19,890.00$ 87 Irrigation System 1 LS 29,300.00$ 29,300.00$ 60,000.00$ 60,000.00$ 34,950.00$ 34,950.00$ 88 UTILITY ALLOWANCE 1 LS 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ SUB-TOTAL (LINES 1-88)3,583,298.75$ 2,354,307.75$ 2,661,439.40$ 89 10% CONTINGENCY 1 LS 358,329.88$ 358,329.88$ 235,430.78$ 235,430.78$ 266,143.94$ 266,143.94$ TOTAL ROADWAY CONSTRUCTION COST 3,941,628.63$ 2,589,738.53$ 2,927,583.34$ STORMWATER 90 MOBILIZATION/DEMOBILIZATION 1 LS 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 7,100.00$ 7,100.00$ 91 TRAFFIC CONTROL 1 LS 20,000.00$ 20,000.00$ 6,000.00$ 6,000.00$ 10,240.00$ 10,240.00$ 92 CLEARING & GRUBBING, EROSION CONTROL AND CONTRATOR STAKING 1 LS 60,000.00$ 60,000.00$ 17,000.00$ 17,000.00$ 22,500.00$ 22,500.00$ 93 Tree Barricade 10 EA 270.00$ 2,700.00$ 190.00$ 1,900.00$ 675.00$ 6,750.00$ PROJECT: GREENLEA-OTTEN NEIGHBORHOOD TRAFFIC CALMING, ROADWAY & STORMWATER IMPROVEMENTS (10-0003-EN) BID OPENING -TUESDAY, MARCH 1, 2016 AWARD - THURSDAY, APRIL 7, 2016 STEVE'S EXCAVATING & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 34697 DAVID NELSON CONSTRUCTION CO. 3483 ALTERNATE 19 PALM HARBOR, FL 34683 AJAX PAVING INDUSTRIES OF FLORIDA, LLC ONE AJAX DRIVE NORTH VENICE, FL 34275 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT: GREENLEA-OTTEN NEIGHBORHOOD TRAFFIC CALMING, ROADWAY & STORMWATER IMPROVEMENTS (10-0003-EN) BID OPENING -TUESDAY, MARCH 1, 2016 AWARD - THURSDAY, APRIL 7, 2016 STEVE'S EXCAVATING & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 34697 DAVID NELSON CONSTRUCTION CO. 3483 ALTERNATE 19 PALM HARBOR, FL 34683 AJAX PAVING INDUSTRIES OF FLORIDA, LLC ONE AJAX DRIVE NORTH VENICE, FL 34275 94 Root Pruning 500 LF 16.00$ 8,000.00$ 9.00$ 4,500.00$ 13.00$ 6,500.00$ 95 Concrete gutter removal 280 LF 13.00$ 3,640.00$ 4.00$ 1,120.00$ 4.50$ 1,260.00$ 96 Concrete sidewalk removal 236 SF 5.00$ 1,180.00$ 6.00$ 1,416.00$ 2.00$ 472.00$ 97 Drainage pipe removal 42 LF 44.00$ 1,848.00$ 11.00$ 462.00$ 22.00$ 924.00$ 98 Pavement removal 520 SY 11.00$ 5,720.00$ 3.25$ 1,690.00$ 8.00$ 4,160.00$ 99 Tree removal 98 EA 700.00$ 68,600.00$ 360.00$ 35,280.00$ 530.00$ 51,940.00$ 100 Excavation, pond 2,540 CY 25.00$ 63,500.00$ 11.00$ 27,940.00$ 9.50$ 24,130.00$ 101 Embankment Fill 498 CY 10.00$ 4,980.00$ 2.25$ 1,120.50$ 10.50$ 5,229.00$ 102 12" Type B stabilization 599 SY 24.00$ 14,376.00$ 12.50$ 7,487.50$ 12.00$ 7,188.00$ 103 8" crushed concrete base 526 SY 33.00$ 17,358.00$ 22.00$ 11,572.00$ 18.00$ 9,468.00$ 104 1.5"-2" asphalt pavement (Type SP)58 TON 222.00$ 12,876.00$ 129.00$ 7,482.00$ 225.00$ 13,050.00$ 105 Concrete sidewalk, 4"236 SF 3.50$ 826.00$ 5.00$ 1,180.00$ 7.00$ 1,652.00$ 106 Concrete valley gutter 280 LF 38.40$ 10,752.00$ 34.00$ 9,520.00$ 29.00$ 8,120.00$ 107 Underdrain, 6-inch (Contingency)250 LF 65.00$ 16,250.00$ 20.00$ 5,000.00$ 45.00$ 11,250.00$ 108 Underdrain, 8-inch (Contingency)250 LF 65.00$ 16,250.00$ 22.00$ 5,500.00$ 47.00$ 11,750.00$ 109 15" RCP 121 LF 97.00$ 11,737.00$ 51.00$ 6,171.00$ 69.00$ 8,349.00$ 110 18" RCP 639 LF 70.00$ 44,730.00$ 52.00$ 33,228.00$ 80.00$ 51,120.00$ 111 24" RCP 558 LF 86.00$ 47,988.00$ 70.00$ 39,060.00$ 89.00$ 49,662.00$ 112 24" RCP MES (CD)1 EA 1,250.00$ 1,250.00$ 1,400.00$ 1,400.00$ 1,285.00$ 1,285.00$ 113 FDOT Manhole J-7 (3.5 'x 6')1 EA 4,050.00$ 4,050.00$ 3,750.00$ 3,750.00$ 3,600.00$ 3,600.00$ 114 FDOT Manhole P-8 2 EA 3,400.00$ 6,800.00$ 3,350.00$ 6,700.00$ 3,020.00$ 6,040.00$ 115 FDOT Manhole Type J-8 (5' DIA)1 EA 4,000.00$ 4,000.00$ 3,650.00$ 3,650.00$ 3,520.00$ 3,520.00$ 116 FDOT DBI Type D 1 EA 3,800.00$ 3,800.00$ 2,350.00$ 2,350.00$ 3,125.00$ 3,125.00$ 117 FDOT DBI Type D w/Skimmer 1 EA 3,800.00$ 3,800.00$ 3,250.00$ 3,250.00$ 4,070.00$ 4,070.00$ 118 CLW Type A Wing (4') Inlet 4 EA 3,500.00$ 14,000.00$ 3,950.00$ 15,800.00$ 5,090.00$ 20,360.00$ 119 CLW Type A Wing (6') Inlet 2 EA 3,500.00$ 7,000.00$ 4,000.00$ 8,000.00$ 5,600.00$ 11,200.00$ 120 CLW Type A Double Wing (4') Inlet 1 EA 3,500.00$ 3,500.00$ 3,950.00$ 3,950.00$ 5,990.00$ 5,990.00$ 121 CLW Type A Wing (4') Inlet (4' x 4')2 EA 3,500.00$ 7,000.00$ 4,200.00$ 8,400.00$ 5,760.00$ 11,520.00$ 122 CLW Type A Double Wing (4') Inlet (4' x 4')1 EA 3,500.00$ 3,500.00$ 4,300.00$ 4,300.00$ 6,145.00$ 6,145.00$ 123 Concrete Saddle 1 EA 2,400.00$ 2,400.00$ 1,250.00$ 1,250.00$ 1,000.00$ 1,000.00$ 124 6" Ductile Iron Pipe (WM)32 LF 200.00$ 6,400.00$ 140.00$ 4,480.00$ 106.00$ 3,392.00$ 125 6" PVC (WM)70 LF 160.00$ 11,200.00$ 105.00$ 7,350.00$ 70.00$ 4,900.00$ 126 6" Water Valve (Contingency)4 EA 1,500.00$ 6,000.00$ 1,800.00$ 7,200.00$ 1,305.00$ 5,220.00$ 127 6" Pipe Restraint (Megalug)34 EA 175.00$ 5,950.00$ 195.00$ 6,630.00$ 135.00$ 4,590.00$ 128 6" Line Stop Assembly 5 EA 6,300.00$ 31,500.00$ 4,450.00$ 22,250.00$ 4,000.00$ 20,000.00$ 129 6" Line Stop By-Pass Assembly 1 EA 11,000.00$ 11,000.00$ 2,200.00$ 2,200.00$ 8,200.00$ 8,200.00$ 130 8" Ductile Iron Pipe (Protecto 401)20 LF 255.00$ 5,100.00$ 150.00$ 3,000.00$ 140.00$ 2,800.00$ 131 Modify Manhole 1 EA 5,500.00$ 5,500.00$ 1,200.00$ 1,200.00$ 2,170.00$ 2,170.00$ 132 Sod 42,428 SF 0.75$ 31,821.00$ 0.50$ 21,214.00$ 0.80$ 33,942.40$ 133 UTILITY ALLOWANCE 1 LS 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ SUB-TOTAL (LINES 90-133)708,882.00$ 437,953.00$ 525,883.40$ 134 10% CONTINGENCY 1 LS 70,888.20$ 70,888.20$ 43,795.30$ 43,795.30$ 52,588.34$ 52,588.34$ TOTAL STORMWATER CONSTRUCTION COST 779,770.20$ 481,748.30$ 578,471.74$ SUB-TOTAL 4,292,180.75$ 2,792,260.75$ 3,187,322.80$ TOTAL CONTINGENCY 429,218.08$ 279,226.08$ 318,732.28$ TOTAL CONTRACT 4,721,398.83$ 3,071,486.83$ 3,506,055.08$ TOTAL CONTRACT 4,721,398.83$ 3,071,486.83$ 3,506,055.08$ SECTION V i Updated 2/11/2016 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL/BID 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 ..................................................................................................................... 16 SECTION V – Contract Documents SECTION V Page 1 of 17 Updated 2/11/2016 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 DAVID NELSON CONSTRUCTION CO. 3483 ALTERNATE 19 PALM HARBOR, FL 34683 (727) 784-7624 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE SCHAUMBURG, IL 60196 1-800-382-2150 CITY OF CLEARWATER ENGINEERING 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4560 PROJECT NAME: Greenlea-Otten Neighborhood Traffic Calming, Roadway & Stormwater Improvements PROJECT NO.: 10-0003-EN PROJECT DESCRIPTION: Greenlea-Otten neighborhood traffic calming and Otten Street roadway and stormwater improvements consisting of roundabouts, landscape medians and speed tables; new roadway drainage system and stormwater facility; and, utility adjustments (water & sewer), landscaping, irrigation, signing and pavement markings and decorative paving elements. BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $3,071,486.83 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 Greenlea-Otten Neighborhood Traffic Calming, Roadway & Stormwater 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 SECTION V – Contract Documents SECTION V Page 2 of 17 Updated 2/11/2016 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 emplo yed 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). DAVID NELSON CONSTRUCTION CO. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) ___________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 17 Updated 2/11/2016 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 _____________________________________, 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: PROJECT NAME: GREENLEA-OTTEN NEIGHBORHOOD TRAFFIC CALMING, ROADWAY & STORMWATER IMPROVEMENTS PROJECT NO.: 10-0003-EN in the amount of $_3,071,486.83____ 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). SECTION V – Contract Documents SECTION V Page 4 of 17 Updated 2/11/2016 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. SECTION V – Contract Documents SECTION V Page 5 of 17 Updated 2/11/2016 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. SECTION V – Contract Documents SECTION V Page 6 of 17 Updated 2/11/2016 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 ____________________________________ (Contractor) 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 – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 17 Updated 2/11/2016 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: GREENLEA-OTTEN NEIGHBORHOOD TRAFFIC CALMING, ROADWAY & STORMWATER IMPROVEMENTS ENGINEERING PROJECT NO.: 10-0003-EN 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: DAVID NELSON CONSTRUCTION CO. 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: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE SCHAUMBURG, IL 60196 ,SURETY, on bond of DAVID NELSON CONSTRUCTION CO. 3483 ALTERNATE 19 PALM HARBOR, FL 34683 ,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 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): GREENLEA DR SUNSET POINT RD LINWOOD DR MURRAY AVEN HIGHLAND AVERIDGEWAY DRLOMBARDY DRGREENHILL DROTTEN ST BELLEMEADE DRSHARONDALE DRN KEENE RDSANDY LN THAMES ST KINGS HWYBENTLEY ST CARLISLE ST TOWNSEND ST PRINCE PHILIP ST ROSEMONT DRWESTON DRCAROLYN LN LINWOOD CIR PAMELIA DRSANDY LN 2016 GREENLEA-OTTEN TRAFFIC CALMING AND STORMWATER IMPROVEMENTS PR OJECT 10-0003-EN Cristian Rubiano 03/15/2016Date: Engineering DepartmentTraffic Engineering Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750www.myClearwater.com Greenlea-Otten Neighborhood Document Path: U:\ArcGIS\MXDs\Greenlea-Otten_Project.mxd PAGE:LOC #1 0 400 800200Feet Approved by:Author:Himanshu Patni, PE Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2244 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve Change Order 1 to Central Florida Contractors, Inc., of Seminole, Florida, for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of $138,327.20; approve a time extension of 120 days for completion of additional work; and authorize the appropriate officials to execute same. (consent) SUMMARY: September 3, 2015, City Council awarded a $237,644.11 contract to Central Florida Contractors, Inc. for the 2015 Sidewalk Construction Project (14-0044-EN). Change Order 1 covers the cost of a 1,344 linear foot segment of new sidewalk along Lakeshore Drive, clearing of vegetation, and associated minor stormwater improvements. The new sidewalk was requested by the Pinellas County School Board and the adjacent neighborhood for children accessing McMullen Booth Elementary School and nearby bus stops. 120 days are requested to complete the additional scope and construction of new sidewalk. The contract’s new completion date is August 10, 2016. APPROPRIATION CODE AND AMOUNT: 0315-92339-563700-541-000-0000 $138,327.20 Funds are available in capital improvement project 315-92339, New Sidewalks , to fund this contract. Page 1 City of Clearwater Printed on 4/7/2016 CENTERVIEWCT S DR CT NFirst St ESHORELAKECHAUTAUQUA SR-55DIMMITT DR AVEFourth Ave S Third Ave S McCORMICK CHANCERY Chelsea Pl N Chelsea Pl SChautauquaSECONDWAYChelsea Dr CAMDENSTCAMDENRD SOULERDLakeDR EUNION ST Ln S LakebreezeLn N Lakebreeze BluewaterSweetgrassWayCtLOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE MBK PD N.T.S.244A 32-25s-16w3/11/16Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 2015 SIDEWALK CONSTRUCTION CONTRACT(14-0044-EN) Document Path: V:\GIS\Engineering\Location Maps\LakeshoreDr.mxd Change Order 1 Date: March 8, 2016 PROJECT PROJECT NUMBER: 14-0044-EN 2015 Sidewalk Construction Project PO REFERENCE NO.: ST112030 CONTRACTOR: COUNCIL AWARD: September 3, 2015 Central Florida Contractors DATE OF CONTRACT: September 25, 2015 P.O. Box 3987 Seminole, Florida 33775 CODE A: 0315-92339-563700-541-000-0000 CODE B: 0315-92277-563700-541-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $237,644.11 $138,327.20 By: (Seal) NEW CONTRACT AMOUNT $375,971.31 George Gomes President George N. Cretekos Mayor Witnesses: (two) Rosemarie Call City Clerk Date: ___________________________________________ CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Horne, II City Manager Tara Kivett Construction Manager APPROVED AS TO FORM: Matthew Smith, Assistant City Attorney Michael D. Quillen, PE, City Engineer This change order approves a time extension of 120 days and increases scope of project by including Lake Shore Drive - see details attached. ACCEPTED BY: Central Florida Contractors, Inc. Change Order 1 - City Council 4/7/2016 Date: _____________________________________ Page 2 of 2 Change Order 1: 2015 Sidewalk Construction Project ITEM DESCRIPTION UNIT Qty UNIT COST TOTAL COST Code A: Increases: 1.1 Maintenance of Traffic LS 1.13333 6,000.00$ $6,800.00 1.2 Mobilization and Site Preparation LS 0.83333 6,000.00$ $5,000.00 1.7 Sod SF 5014 0.50$ $2,507.00 2.1 4" Thick Concrete Sidewalk (3000psi w/fiber mesh reinforcing & wwf) SF 6040 4.00$ $24,160.00 2.2 6" Thick Concrete Sidewalk (3000 psi w/fiber mesh reinforcing & wwf) SF 680 4.50$ $3,060.00 2.3 6" Thick Concrete Driveway (3000 psi w/fiber mesh reinforcing) SF 238 4.50$ $1,071.00 3.4 Contingency LS 0.61543 20,433.30$ $12,575.20 Total Increasess for Code A:$55,173.20 Additions: 1.10 Clearing and Grubbing LS 1 47,500.00$ $47,500.00 1.11 Silt Fence LF 885 5.00$ $4,425.00 1.12 Reloacte Wooden Bollards EA 24 150.00$ $3,600.00 1.13 Compacted Fill CY 275 25.00$ $6,875.00 1.14 Gravel Fill CY 5.9 60.00$ $354.00 1.15 Rip Rap (6" nominal diameter)CY 4 150.00$ $600.00 1.16 15" RCP LF 90 90.00$ $8,100.00 1.17 24" Contech A2000 LF 30 80.00$ $2,400.00 1.18 Headwall EA 1 9,000.00$ $9,000.00 1.19 Getextile Fabric SF 300 1.00$ $300.00 Total Additions for Code A:$83,154.00 Total Increases/Additions to the Contract:$138,327.20 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2245 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve General Utility Easements over the 400 Block of Cleveland Street, conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2005, the City vacated an alley running east to west down the center of privately owned property located on the north side of Cleveland Street’s 400 block. When vacating the alley, the City failed to retain an easement over the vacated alley in support of existing utilities. The owner of two companies, now owning the former alley, has agreed to grant General Utilities Easements to the City at no cost. Page 1 City of Clearwater Printed on 4/7/2016 66 88 77 33 4242 3636 4343 3737 3333 1818 1616 2525 3131 21212222 3838 4444 4040 4545 2626 3535 421421424424416416415415505505418418400400423423429429426426428428433433432432425425400400418418423423413413428428405405416416420420411411419419CLEVELAND ST CLEVELAND ST LAURA ST LAURA ST N OSCEOLA AVEN OSCEOLA AVEN FORT HARRISON AVE N FORT HARRISON AVE S OSCEOLA AVE S OSCEOLA AVE 55 4141 2727 2929 1515 3232 500500422422331331LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROPOSEDEASEMENT MBK JB N.T.S.286B 16-29n-15e3/17/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROPOSED EASEMENT TO CITY400 BLOCK CLEVELAND STREET Document Path: V:\GIS\Engineering\Location Maps\400blkCleveland.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2246 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a General Utility Easement over 1650 Elizabeth Lane, conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) SUMMARY: City staff discovered that there is a sanitary sewer pipe under property located at 1650 Elizabeth Lane that is not within an easement. The property owner has agreed to grant the City a General Utility Easement over this sanitary sewer pipe. Page 1 City of Clearwater Printed on 4/7/2016 NUGGETClearview LakePICARDYPicardy LnBELLSCR-576 DRSOUTHDRHIGHLANDERINSOUVENIRLN DRJUNEDRDRDRELIZABETH CIR WESTGREENLEA EASTLN THAMES TOWNSEND DRAVEST ST SUNRISEStardust SKYBENTLEY PRINCE PHILIP ST ST DR KEENE RDOAK PL ELM PL DR DR DRKRUSE DRDRHUNTINGTON CUMBERLAND BY RAM CIRAVENUEAVENUEPOWDERHORNSOUVENIR WINDSOR PL WINDSORDRPINE ALGONQUIN CTDRIVE DRSTARLIGHT GREAT BRENDLAPL ASHTON UNION ST BRAMPTONLITTLE NECKWindsor Gate RDABBEY DUNSTANBRIKHILL COVEKEENE RDCR-1StrathmillBowmore Talisker CR-600CR-600UNION ST RDPOINTSUNSET GREENLEADR LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROPOSEDEASEMENT ^ MBK JB N.T.S.252B 2-29n-15e3/17/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROPOSED EASEMENT TO CITY1650 ELIZABETH LANE Document Path: V:\GIS\Engineering\Location Maps\1650Elizabeth.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2250 Agenda Date: 4/7/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Authorize the City Manager to sign Hold Harmless/Indemnification Agreements with private property owners so that police and fire can conduct programs on the property, events pertaining to the health, safety and welfare of the public. (consent) SUMMARY: The Clearwater Police Department and Clearwater Fire & Rescue will sometimes conduct programs on private property, particularly at larger venues such as Malls. The purpose of the programs is to enhance the health, safety, and welfare of the public. Those events include, for example, prescription drop-off events that allow citizens to safely dispose of unwanted prescription drugs, shredding events that allow citizens to safely discard paperwork that may contain sensitive information, and police/fire events that enhance the education and safety of the public. The owners of the private property where the events occur are requesting to be held harmless and indemnified for damages or injuries that occur during the event as a result of any act, error, omission, or negligent act by the City of Clearwater or its agents or employees. Therefore, authorization is being sought for the City Manager to sign Hold Harmless/Indemnification Agreements with private property owners so that police and fire can conduct on the private property events pertaining to the health, safety, and welfare of the public. Any such Agreements will contain a clause that nothing therein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8789-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 3 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8789-16 on second reading, annexing certain real property located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, which parcel is currently unaddressed, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8789-16 ORDINANCE NO. 8789-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESS IS UNADDRESSED MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Tract 22/016 located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with abutting west half of Right-of-Way of McMullen Booth Road; (ANX2015-09024) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect on March 16, 2016. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8789-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 30292379300830203021 2454 2425 2444 2447 30443026 301530272455 3066306230263007Traf65305030633018238730273082 303830003083300303006 305530213087 305930393023301930623078 30682461 3042 3034 30563090 30303091 3086 30453 0 4 6 3074-Not to Scale--Not a Survey-Rev. 9/23/2015 LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LU C E D R S OCTAVIA WAY -Not to Scale--Not a Survey-Rev. 9/23/2015 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev. 9/23/2015 EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 30292379300830203021 2454 2425 2444 2447 30443026 301530272455 3066306230263007Traf65305030633018238730273082 303830003083300303006 305530213087 305930393023301930623078 30682461 3042 3034 30563090 30303091 3086 30453 0 4 6 3074-Not to Scale--Not a Survey-Rev. 9/23/2015 Commercial Drainage Pond Single Family Single Family Single Family Vacant View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property ANX2015-09024 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8790-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 3 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8790-16 on second reading, annexing certain real property whose post office address is 2425 McMullen Booth Road, Clearwater, Florida 33759, together with certain abutting right-of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8790-16 ORDINANCE NO. 8790-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 836 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESS IS 2425 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF- WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Tract 22/01 located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road, together with abutting west half of Right-of-Way of McMullen Booth Road; (ANX2015-09025) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect on March 16, 2016. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8790-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 2387307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 3029237930083020 3062306830212454 2444 2447 305630443026 30153 0 4 6 30272455 30743066306230263007Traf6530503063301830273082 303830003083300303006 305530213087 30593039302330193078 2461 2425 3042 3034 3090 30303091 3086 3045-Not to Scale--Not a Survey-Rev. 9/23/2015 LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LU C E D R S OCTAVIA WAY -Not to Scale--Not a Survey-Rev. 9/23/2015 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev. 9/23/2015 EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 2387307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 3029237930083020 3062306830212454 2444 2447 305630443026 30153 0 4 6 30272455 30743066306230263007Traf6530503063301830273082 303830003083300303006 305530213087 30593039302330193078 2461 2425 3042 3034 3090 30303091 3086 3045-Not to Scale--Not a Survey-Rev. 9/23/2015 Vacant Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property ANX2015-09025 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8828-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8828-16 on second reading, annexing certain real property whose post office address is 3128 Johns Parkway, Clearwater, Florida 33759 together with all right-of-way of Johns Parkway abutting Lot 2 of Johns Parkway Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8828-16 ORDINANCE NO. 8828-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 310 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3128 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL RIGHT-OF-WAY OF JOHNS PARKWAY ABUTTING LOT 2 OF JOHNS PARKWAY SUBDIVISION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The west 100 feet of the east 268.65 feet of the north 85 feet of the south 165 feet of the west ½ of the northeast ¼ of the northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida; together with all Right-of-Way of Johns Parkway abutting Lot 2 of Johns Parkway Subdivision. (ANX2015-10030) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8828-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 3107310531013114312731063148314631353108312331203109316231303144314031523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 310831123115310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Location.docx LOCATION MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR JOHNS PK WY JOHNS PK WY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 3107310531013114312731063148314631353108312331203109316231303144314031523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 310831123115310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 Mobile Home Park Townhomes Single Family Residential Calvary Open Bible Church Bayshore Townhomes Townhomes Single Family Residential Single Family Residential View looking north at the subject property, 3128 Johns Parkway Across the street, south of the subject property East of the subject property West of the subject property ANX2015-10030 Saxony Company, Inc. 3128 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8829-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8829-16 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 3128 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8829-16 ORDINANCE NO. 8829-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 310 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3128 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The west 100 feet of the east 268.65 feet of the north 85 feet of the south 165 feet of the west ½ of the northeast ¼ of the northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida Residential Urban (RU) (ANX2015-10030) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8828-16. Ordinance No. 8829-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 I RU RLM RUR/OL JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 3107310531013114312731063148314631353108312331203109316231303144314031523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 310831123115310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Location.docx LOCATION MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR JOHNS PK WY JOHNS PK WY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 3107310531013114312731063148314631353108312331203109316231303144314031523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 310831123115310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 Mobile Home Park Townhomes Single Family Residential Calvary Open Bible Church Bayshore Townhomes Townhomes Single Family Residential Single Family Residential View looking north at the subject property, 3128 Johns Parkway Across the street, south of the subject property East of the subject property West of the subject property ANX2015-10030 Saxony Company, Inc. 3128 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8830-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8830-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3128 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Location.docx LOCATION MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR JOHNS PK WY JOHNS PK WY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 12/23/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Johns Parkway 3128 ANX2015- 10030\Maps\ANX2015-10030 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 3107310531013114312731063148314631353108312331203109316231303144314031523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 310831123115310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 Mobile Home Park Townhomes Single Family Residential Calvary Open Bible Church Bayshore Townhomes Townhomes Single Family Residential Single Family Residential View looking north at the subject property, 3128 Johns Parkway Across the street, south of the subject property East of the subject property West of the subject property ANX2015-10030 Saxony Company, Inc. 3128 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Ordinance No. 8830-16 ORDINANCE NO. 8830-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 310 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3128 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8828-16. Property Zoning District The west 100 feet of the east 268.65 feet of the north 85 feet of the south 165 feet of the west ½ of the northeast ¼ of the northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2015-10030) Ordinance No. 8830-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): Saxony Company, Inc. Case: ANX2015-10030 Site: 3128 Johns Parkway Property Size(Acres): ROW (Acres): 0.216 0.050 Land Use Zoning PIN: 16-29-16-00000-210-1300 From : RU R-3 Atlas Page: 292A To: RU LMDR 30211 40303040403040300 250 200 40242420 20 30 30 20 303024 24 05155 44172 83843 04902 *17519*1 23 4 1 2 345 6 7 8 95 6 78 2 3 4 5 6 7 8 9 1012 12 3 4567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 33 34 35 36 37 38 39 40 41 42 4 12 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 21/08 21/07 A C(C) 2 1 2 1 I LMDR MHPI O MDRLMDRLMDR JOHNS PK WY McMULLEN-BOOTH RD OYSTER BAYOU WAY 6 9 8 11 25 14 12 16 123 31073105310131143127310631483146313531083123312031093162313031443140311531523136313231393107311931433154313631083126311110 3103311031003119311831283149314731173131310631113135 31083112310131513112 3131 310731053129 31413143311331203116310931453127 312531183115311031143133 -Not to Scale--Not a Survey-Rev. 12/23/15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8839-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8839-16 on second reading, annexing certain real property whose post office address is 2823 St. John Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8839-16 ORDINANCE NO. 8839-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ST. JOHN DRIVE, APPROXIMATELY 100 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2823 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Block D, Virginia Groves Terrace 5th Addition, according to the map or plat thereof as recorded in Plat Book 51, Page 44 and 43, Public Records of Pinellas County, Florida. (ANX2016-01002) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8839-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311711 1 7 3 0 28551705 1612 1716 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1740 1608 1729 1734 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261726 1 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1609 28541 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 28411730 2830282228231605 1709 28582838285828001601 1609 282717232857-Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Location.docx LOCATION MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 01/19/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR SR 590 SR 590 ST. JOHN DR ST. JOHN DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR -Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311711 1 7 3 0 28551705 1612 1716 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1740 1608 1729 1734 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261726 1 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1609 28541 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 28411730 2830282228231605 1709 28582838285828001601 1609 282717232857-Not to Scale--Not a Survey-Rev. 01/19/16 Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 2823 St. John Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01002 Tara M. Kimball 2823 St. John Drive View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8840-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 8840-16 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 2823 St. John Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8840-16 ORDINANCE NO. 8840-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ST. JOHN DRIVE, APPROXIMATELY 100 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2823 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, Block D, Virginia Groves Terrace 5th Addition, according to the map or plat thereof as recorded in Plat Book 51, Page 44 and 43, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2016-01002) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8839-16. Ordinance No. 8840-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A RL RU RU RLRL RU RU RL RL RL RL RL WATER RU RU RU RU RU SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311711 1 7 3 0 28551705 1612 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1608 1729 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1609 28541716 1 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 1740 28411730 1734 2830282228231605 1709 28582838285828001601 1609 28271726 17232857-Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Location.docx LOCATION MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 01/19/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR SR 590 SR 590 ST. JOHN DR ST. JOHN DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR -Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311711 1 7 3 0 28551705 1612 1716 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1740 1608 1729 1734 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261726 1 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1609 28541 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 28411730 2830282228231605 1709 28582838285828001601 1609 282717232857-Not to Scale--Not a Survey-Rev. 01/19/16 Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 2823 St. John Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01002 Tara M. Kimball 2823 St. John Drive View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8841-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 8841-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2823 St. John Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8841-16 ORDINANCE NO. 8841-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ST. JOHN DRIVE, APPROXIMATELY 100 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2823 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8839-16. Property Zoning District Lot 4, Block D, Virginia Groves Terrace 5th Addition, according to the map or plat thereof as recorded in Plat Book 51, Page 44 and 43, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2016-01002) Ordinance No. 8841-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A LMDR SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311 7 3 0 28551705 1612 1716 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1740 1608 1729 1734 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261726 1 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1711 1609 28541 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 28411730 2830282228231605 1709 28582838285828001601 1609 282717232857-Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Location.docx LOCATION MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 01/19/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR SR 590 SR 590 ST. JOHN DR ST. JOHN DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR -Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\St. John Drive 2823 ANX2016-01002 - Kimball\Maps\ANX2016-01002 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Tara M. Kimball Case: ANX2016-01002 Site: 2823 St. John Drive Property Size(Acres): ROW (Acres): 0.152 N/A Land Use Zoning PIN: 05-29-16-94410-004-0040 From : RL R-3 Atlas Page: 264B To: RL LMDR 66 60 60609432094410 D1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 823 24 25 8 9 10 11 12 13 14 23 24 25 26 1 3 24 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LAKE 50605050 50 60 18630849601 2 3 4 516 17 18 19 20 21 22 23 24 25 30 31 32 33 34 1 23 4 5 6 7 37 38 39 1 2 3 1A2A3A 5A 6A 7A SR 590 ST. JOHN DR ST. CROIX DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1708 1611 1721 28051704 16132828 28461641 17361700 281328311711 1 7 3 0 28551705 1612 1716 28351714 1700 1605 1 7 3 4 1600 1631 28391718 1604 28631728 1701 28472785281828571600 1740 1608 1729 1734 28341608 28431722 1713 28521720 282428321725 1727 1731 1708 282128261726 1 7 3 3 1617 1 7 2 6 1712 1604 17321621 1735 28481717 1609 28541 7 4 0 1728283617151612 1724 1 72 7 1601 28421613 28411730 2830282228231605 1709 28582838285828001601 1609 282717232857-Not to Scale--Not a Survey-Rev. 01/19/16 Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 2823 St. John Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01002 Tara M. Kimball 2823 St. John Drive View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8842-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 8842-16 on second reading, annexing certain real properties whose post office addresses are 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, together with certain right-of-way of Bell Cheer Drive and all right-of-way of Pleasant Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8842-16 ORDINANCE NO. 8842-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED EAST OF SOUTH HERCULES AVENUE AND WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2124 AND 2125 BELL CHEER DRIVE AND 2143 AND 2147 PLEASANT PARKWAY, ALL WITHIN CLEARWATER, FLORIDA 33764, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF BELL CHEER DRIVE AND ALL RIGHT-OF-WAY OF PLEASANT PARKWAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes and the Interlocal Service Boundary Agreement authorized by Section 171.204, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2016-01003) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8842-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2016‐01003 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0080 The East ½ of Lot 7 and all of Lot 8 2125 Bell Cheer Drive 2. 24-29-15-06426-000-0020 Lot 2 2124 Bell Cheer Drive The above in FIRST ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida; ========================================================================================= 3. 24-29-15-72144-000-0110 Lot 11 2143 Pleasant Parkway 4. 24-29-15-72144-000-0120 Lot 12 2147 Pleasant Parkway The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public Records of Pinellas County, Florida; ========================================================================================= also: All Right-of-Way of BELL CHEER DRIVE abutting Lot 3 of SECOND ADDITION TO BELL CHEER subdivision, easterly to the west boundary of South Belcher Road; and: All Right-of-Way of PLEASANT PARKWAY. Exhibit B PROPOSED ANNEXATION MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL R-3 Atlas Page: 308B To: RL, P LMDR, P 50 6060 60 60 50 80 6072144 064080642606444 31050 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 2 332198765 4 32 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 2 6 7 8 8 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY 78356421290213121722109215221172125219021192135217821542112217321922127214321732112211021602147214821552135214921671200 12762122219821382123218421472155217921392185213021072197211621302106210621402157216621602118212521662115214221912124211821242174210021672111 1220 2143214321612148218521301282213421912188-Not to Scale--Not a Survey-Rev. 01/19/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Location.docx LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P ^^ ^^ DRUID RD BELCHER RD-Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD DORADO PL DORADO PL BELL CHEER DR BELL CHEER DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Existing uses.docx EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P 50 6060 60 60 50 80 6072144 064080642606444 31050 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 2 332198765 4 32 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 2 6 7 8 8 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY 78356421290213121722109215221172125219021192135217821542112217321922127214321732112211021602147214821552135214921671200 12762122219821382123218421472155217921392185213021072197211621302106210621402157216621602118212521662115214221912124211821242174210021672111 1220 2143214321612148218521301282213421912188-Not to Scale--Not a Survey-Rev. 01/28/16 View looking north at the subject property, 2124 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01003 Susan M. Bycroft 2124 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2125 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01003 Paul E. & Beverly A. Carroll 2125 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking east at the subject property, 2143 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Peter P. & Barbara A. Clare 2143 Pleasant Parkway View looking westerly along Pleasant Parkway View looking east at the subject property, 2147 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Unlisted Owner 2147 Pleasant Parkway View looking westerly along Pleasant Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8843-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8843-16 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 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8843-16 ORDINANCE NO. 8843-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED EAST OF SOUTH HERCULES AVENUE AND WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2124 AND 2125 BELL CHEER DRIVE AND 2143 AND 2147 PLEASANT PARKWAY, ALL WITHIN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Low (RL), Preservation (P) (ANX2016-01003) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8842-16. Ordinance No. 8843-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2016‐01003 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0080 The East ½ of Lot 7 and all of Lot 8 2125 Bell Cheer Drive 2. 24-29-15-06426-000-0020 Lot 2 2124 Bell Cheer Drive The above in FIRST ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida; ========================================================================================= 3. 24-29-15-72144-000-0110 Lot 11 2143 Pleasant Parkway 4. 24-29-15-72144-000-0120 Lot 12 2147 Pleasant Parkway The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public Records of Pinellas County, Florida; ========================================================================================= Exhibit B FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL R-3 Atlas Page: 308B To: RL, P LMDR, P BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY RL RL P RL RU 7835642129021312172211221601200212221092117218421252116213021402166213521482178WATER 22102154211221732192212721432173211021472148215521352149216712762198215221382123214721552179213921852130210721972106210621572166216021182190211921252115214221912124211821242174210021672111 1220 214321432161218521301282213421912188-Not to Scale--Not a Survey-Rev. 01/26/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Location.docx LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P ^^ ^^ DRUID RD BELCHER RD-Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD DORADO PL DORADO PL BELL CHEER DR BELL CHEER DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Existing uses.docx EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P 50 6060 60 60 50 80 6072144 064080642606444 31050 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 2 332198765 4 32 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 2 6 7 8 8 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY 78356421290213121722109215221172125219021192135217821542112217321922127214321732112211021602147214821552135214921671200 12762122219821382123218421472155217921392185213021072197211621302106210621402157216621602118212521662115214221912124211821242174210021672111 1220 2143214321612148218521301282213421912188-Not to Scale--Not a Survey-Rev. 01/28/16 View looking north at the subject property, 2124 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01003 Susan M. Bycroft 2124 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2125 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01003 Paul E. & Beverly A. Carroll 2125 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking east at the subject property, 2143 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Peter P. & Barbara A. Clare 2143 Pleasant Parkway View looking westerly along Pleasant Parkway View looking east at the subject property, 2147 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Unlisted Owner 2147 Pleasant Parkway View looking westerly along Pleasant Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8844-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 8844-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 2124 and 2125 Bell Cheer Drive and 2143 and 2147 Pleasant Parkway, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8844-16 ORDINANCE NO. 8844-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED EAST OF SOUTH HERCULES AVENUE AND WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2124 AND 2125 BELL CHEER DRIVE AND 2143 AND 2147 PLEASANT PARKWAY, ALL WITHIN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8842-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR), Preservation (P) (ANX2016-01003) Ordinance No. 8844-16 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2016‐01003 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0080 The East ½ of Lot 7 and all of Lot 8 2125 Bell Cheer Drive 2. 24-29-15-06426-000-0020 Lot 2 2124 Bell Cheer Drive The above in FIRST ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida; ========================================================================================= 3. 24-29-15-72144-000-0110 Lot 11 2143 Pleasant Parkway 4. 24-29-15-72144-000-0120 Lot 12 2147 Pleasant Parkway The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public Records of Pinellas County, Florida; ========================================================================================= Exhibit B ZONING MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL R-3 Atlas Page: 308B To: RL, P LMDR, P BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY LMDR P I 783564212902131215421122173217221922127214321732112211021602147214821552135214921671200 12762122210921982152211721382123218421552179213921852130210721972125211621302106210621402157216621602118216621152142219121242118217421352167211121432161214821782185213021912188 22102147 21902 1 1 9 2125212421001220 214312822134 -Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Location.docx LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P ^^ ^^ DRUID RD BELCHER RD-Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD DORADO PL DORADO PL BELL CHEER DR BELL CHEER DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 01/28/16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Bell Cheer Drive 2125 ANX2015- 01003 - Multiple\Map Request\ANX2016-01003 Existing uses.docx EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-01003 Site: See Exhibit A Property Size(Acres): ROW (Acres): 1.345 2.457 Land Use Zoning PIN: See Exhibit A From : RL, P R-3 Atlas Page: 308B To: RL, P LMDR, P 50 6060 60 60 50 80 6072144 064080642606444 31050 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 2 332198765 4 32 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 2 6 7 8 8 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD DORADO PL BELL CHEER DR PLEASANT PKWY 78356421290213121722109215221172125219021192135217821542112217321922127214321732112211021602147214821552135214921671200 12762122219821382123218421472155217921392185213021072197211621302106210621402157216621602118212521662115214221912124211821242174210021672111 1220 2143214321612148218521301282213421912188-Not to Scale--Not a Survey-Rev. 01/28/16 View looking north at the subject property, 2124 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01003 Susan M. Bycroft 2124 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2125 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-01003 Paul E. & Beverly A. Carroll 2125 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking east at the subject property, 2143 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Peter P. & Barbara A. Clare 2143 Pleasant Parkway View looking westerly along Pleasant Parkway View looking east at the subject property, 2147 Pleasant Parkway Across the street, northwest of the subject property North of the subject property South of the subject property ANX2016-01003 Unlisted Owner 2147 Pleasant Parkway View looking westerly along Pleasant Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8883-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 8883-16 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2016 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid Waste and Recycling Fund, Marine Fund, and Parking Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8883-16 ORDINANCE NO. 8883-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID WASTE AND RECYCLING FUND, MARINE FUND, AND PARKING FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2016, for operating purposes, including debt service, was adopted by Ordinance No. 8767-15; and WHEREAS, at the First Quarter Review it was found that an increase of $5,761,495 is necessary for revenues and an increase of $5,182,888 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8767-15 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2015 and ending September 30, 2016 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Quarter Budgeted Use of Total Amended Revenues Reserves Revenues Budget 2015/16 2015/16 2015/16 2015/16 Amendments General Fund: Ad Valorem Taxes 41,180,080 - 41,180,080 41,180,080 - Utility Taxes 14,385,000 - 14,385,000 14,385,000 - Local Option, Fuel & Other Taxes 7,201,700 - 7,201,700 7,201,700 - Franchise Fees 10,184,600 - 10,184,600 10,184,600 - Other Permits & Fees 2,372,250 - 2,372,250 2,372,250 - Intergovernmental Revenues 22,484,470 - 22,484,470 22,650,400 165,930 Charges for Services 15,023,090 - 15,023,090 15,035,090 12,000 Judgments, Fines & Forfeitures 908,000 - 908,000 908,000 - Miscellaneous Revenues 1,795,250 - 1,795,250 1,795,250 - Transfers In 9,196,490 - 9,196,490 9,196,490 - Other Financing Sources - - - - - Transfer (to) from Reserves - (251,060) (251,060) 1,192,586 1,443,646 Total, General Fund 124,730,930 (251,060) 124,479,870 126,101,446 1,621,576 Special Revenue Funds: Special Development Fund 14,042,100 65,000 14,107,100 15,594,197 1,487,097 Special Program Fund 1,179,370 805,000 1,984,370 3,941,588 1,957,218 Local Housing Asst Trust Fund 394,410 - 394,410 - Utility & Other Enterprise Funds: Water & Sewer Fund 76,123,980 5,831,230 81,955,210 81,955,210 - Stormwater Utility Fund 17,747,570 - 17,747,570 17,747,570 - Solid Waste & Recycling Fund 23,562,450 361,780 23,924,230 24,197,440 273,210 Gas Fund 42,456,770 2,700,000 45,156,770 45,156,770 - Airpark Fund 281,000 - 281,000 281,000 - Marine Fund 4,848,210 - 4,848,210 5,257,816 409,606 Clearwater Harbor Marina 719,270 - 719,270 719,270 - Parking Fund 5,501,540 939,430 6,440,970 6,453,758 12,788 Internal Service Funds: Administrative Services Fund 10,664,270 1,250,000 11,914,270 11,914,270 - General Services Fund 4,617,290 - 4,617,290 4,617,290 - Garage Fund 16,606,170 - 16,606,170 16,606,170 - Central Insurance Fund 24,791,180 37,420 24,828,600 24,828,600 - Total, All Funds 368,266,510 11,738,800 379,610,900 385,766,805 5,761,495 EXHIBIT A 2015-16 BUDGET REVENUE Ordinance #8883-16 First Quarter Original Amended Budget Budget 2015/16 2015/16 Amendments General Fund: City Council 316,430 316,430 - City Manager's Office 1,075,590 1,075,590 - City Attorney's Office 1,652,360 1,652,360 - City Auditor's Office 207,370 207,370 - Economic Development & Housing Svc 1,735,030 1,735,030 - Engineering 7,857,040 7,857,040 - Finance 2,405,570 2,405,570 - Fire 25,528,490 26,297,300 768,810 Human Resources 1,173,410 1,173,410 - Library 6,759,060 6,759,060 - Marine & Aviation 967,980 979,980 12,000 Non-Departmental 4,274,420 5,097,426 823,006 Official Records & Legislative Svcs 1,130,440 1,130,440 - Parks & Recreation 23,590,520 23,590,520 - Planning & Development 5,400,550 5,413,810 13,260 Police 39,139,980 39,144,480 4,500 Public Communications 990,180 990,180 - Public Utilities 275,450 275,450 - Total, General Fund - 124,479,870 126,101,446 1,621,576 Special Revenue Funds: Special Development Fund 10,409,480 11,333,180 923,700 Special Program Fund 1,984,370 3,941,588 1,957,218 Local Housing Asst Trust Fund 394,410 394,410 - Utility & Other Enterprise Funds: Water & Sewer Fund 81,955,210 81,955,210 - Stormwater Utility Fund 17,211,700 17,211,700 - Solid Waste & Recycling Fund 23,924,230 24,182,230 258,000 Gas Fund 41,623,430 41,623,430 - Airpark Fund 274,870 274,870 - Marine Fund 4,589,840 4,999,446 409,606 Clearwater Harbor Marina 604,340 604,340 - Parking Fund 6,440,970 6,453,758 12,788 Harborview Center Fund - - Internal Service Funds: Administrative Services Fund 11,768,500 11,768,500 - General Services Fund 4,553,390 4,553,390 - Garage Fund 15,858,140 15,858,140 - Central Insurance Fund 24,828,600 24,828,600 - Total, All Funds - 370,901,350 376,084,238 5,182,888 EXHIBIT A (Continued) 2015-16 BUDGET EXPENDITURES Ordinance #8883-16 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8884-16 2nd rdg Agenda Date: 4/7/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 8884-16 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2016 to reflect a net increase of $3,380,879. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016 Ordinance No. 8884-16 ORDINANCE NO. 8884-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, TO REFLECT A NET INCREASE OF $3,380,879 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2016 was adopted by Ordinance No. 8768-15; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8768-15 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16 First Qtr Original Amended Budget Budget 2015/16 2015/16 Amendments Police Protection 200,000 900,000 700,000 Fire Protection 1,476,390 1,506,828 30,438 Major Street Maintenance 3,656,430 3,656,430 Sidewalk and Bike Trail 472,000 472,000 Intersections 335,000 335,000 Parking 2,389,000 2,455,000 66,000 Miscellaneous Engineering 935,000 935,000 Land Acquisition - 476,300 476,300 Park Development 6,735,000 6,885,000 150,000 Marine Facilities 410,000 410,000 Airpark Facilities 65,000 65,000 Libraries 115,580 115,580 Garage 5,639,400 5,639,400 Maintenance of Buildings 902,000 902,000 General Public City Buildings 110,000 110,000 Miscellaneous 2,125,000 2,125,000 Stormwater Utility 5,802,550 5,890,550 88,000 Gas System 6,211,000 6,258,818 47,818 Solid Waste & Recycling 625,000 775,000 150,000 Utilities Miscellaneous 20,000 20,000 Sewer System 24,469,000 24,968,297 499,297 Water System 7,270,000 8,443,026 1,173,026 TOTAL PROJECT EXPENDITURES 69,963,350 73,344,229 3,380,879 GENERAL SOURCES: General Operating Revenue 2,836,150 3,088,750 252,600 Road Millage 2,060,100 2,060,100 Penny for Pinellas 6,021,820 6,752,258 730,438 Transportation Impact Fee 190,000 190,000 Local Option Gas Tax 1,438,330 1,438,330 Open Space Impact Fee 223,700 223,700 Special Program Fund 935,000 935,000 Grants - Other Agencies 1,485,000 1,535,000 50,000 Other Revenue 166,000 166,000 Property Owners Share 13,624 13,624 Other Refunds 34,194 34,194 Donations 100,000 100,000 Ordinance # 8884-16 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16 First Qtr Original Amended Budget Budget 2015/16 2015/16 Amendments SELF SUPPORTING FUNDS: Marine Revenue 95,000 95,000 Clearwater Harbor Marina Revenue 25,000 25,000 Airpark Revenue 25,000 25,000 Parking Revenue 2,409,000 2,409,000 Utility System: Water Revenue 2,586,000 2,586,000 Sewer Revenue 8,412,830 8,412,830 Water Impact Fees 24,000 24,000 Sewer Impact Fees 82,130 82,130 Utility R&R 8,667,170 8,667,170 Stormwater Utility Revenue 5,498,550 5,498,550 Gas Revenue 6,050,000 6,050,000 Solid Waste Revenue 535,000 685,000 150,000 Recycling Revenue 90,000 90,000 Grants - Other Agencies - 1,812,941 1,812,941 INTERNAL SERVICE FUNDS: Garage Revenue 77,400 77,400 Administrative Services Revenue 1,710,000 1,710,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 246,000 246,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Stormwater 320,000 320,000 Lease Purchase - Gas 161,000 161,000 Lease Purchase - Water & Sewer 169,000 116,382 (52,618) Bond Issue - Water & Sewer 11,867,870 11,867,870 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,441,000 5,441,000 Lease Purchase - Administrative Services 405,000 405,000 TOTAL ALL FUNDING SOURCES:69,963,350 73,344,229 3,380,879 Ordinance # 8884-16 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2260 Agenda Date: 4/7/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve the District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Clearwater for the installation and maintenance of landscaped medians within the Missouri Avenue corridor (southern section), authorize the City Manager to execute all documents related to the agreement, and adopt Resolution 16-09. SUMMARY: The Florida Department of Transportation has notified the City of the award of up to $99,500 to assist in the development of landscape medians in the Missouri Avenue corridor from Kingsley Street south to Bayview Drive through the Highway Landscape program. The Resource Committee approved applying for the grant at their August 5, 2015 meeting. This project was brought to the City Council for guidance for project submission at the August 20, 2015 meeting. This project was not funded through the initial funding proposed through the 2015/16 Florida Highway Beautification Council Grant (FHBCG), but received award through the FDOT District 7 reimbursement program. The award will fund up to $99,500 for the design, purchase, installation and establishment of plant materials for the 5 medians in the project area. Although matching is not required by the instrument, the reimbursement will not fund irrigation, which will be provided in the project. This section consists of 5 medians, and is estimated to cost approximately $157,275 or $31,455 per median. The agreement is for a period of 10 years, with renewal options. If the City terminates the agreement, the City will be responsible for the removal of the project. APPROPRIATION CODE AND AMOUNT: The City's match was provided by a FY14-15 third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to Capital Improvement Project 315-93322, Missouri Avenue Median Beautification. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/7/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2257 Agenda Date: 4/7/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Elect Vice Mayor SUMMARY: The Charter requires, at the first meeting in April, the Council to appoint one of its members as Vice-Mayor. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/7/2016