Loading...
ANNUAL GENERAL PERMIT FOR CONSTRUCTION ACTIVITY (2)ANNUAL GENERAL PERMIT FOR CITY OF CLEARWATER d/b/a CLEARWATER GAS SYSTEM CONSTRUCTION ACTIVITY THE COUNTY OF PINELLAS, a political subdivision of the State of Florida, hereinafter called the PERMITTER, hereby grants to City of Clearwater d/b/a Clearwater Gas System, 777 Maple St., Clearwater, Florida 33755, hereinafter called the PERMITTEE, a permit to construct, operate, maintain, renew and/or remove on an annual basis within Pinellas County, natural gas facilities as further described in attached Exhibit "A". All work is to be done in accordance with Pinellas County's "Operational Standards for Annual General Permits" and is subject to the following provisions and conditions: 1. The PERMITTEE has paid the Annual General Permit fee of $4,000.00, receipt of which is hereby acknowledged. This permit creates permissive use only and the placing of facilities upon County property pursuant thereto shall not operate to create or to vest any property rights in said PERMITTEE. 2. This permit expires on December 31, 2025. 3. Construction, operation and maintenance of such utility shall not interfere with property and rights of prior occupant. 4. The construction, operation and maintenance of such utility shall not create obstruction or conditions which are dangerous to the traveling public. 5. Subject to the limitations and protections afforded the Permittee under Section 768.28, Florida Statutes, The PERMITTEE does hereby agree to indemnify, defend and save harmless the PERMITTER and all the members of its board, its officers and employees from and against all losses and all claims, demands, payments, suits, actions, recoveries, expenses, attorney's fees and judgments of every nature and description, including claims for property damage and claims for injury to or death of persons, brought or recovered against it by reason of any act of negligence or omission of the PERMITTEE, its agents, or employees, except only such injury or damage as shall have been occasioned by the sole negligence of the PERMITTER. With respect to and in consideration for the indemnifications provided by PERMITTEE, the PERMITTER has paid to the PERMITTEE the sum of One and 00/100 Dollar ($1.00), the sufficiency and receipt of which is hereby acknowledged. 6. The provisions of all applicable laws, statutes, County ordinances and operational standards shall apply to construction, operation, and maintenance pursuant to this general permit. 7. In the event of construction, repair or reconstruction of County -owned facilities, the PERMITTEE shall move or remove said utility installation at no cost to the PERMITTER. 8. The operational standards for Annual General Permits apply to the construction, operation and maintenance of PERMITTEE'S facilities and are attached hereto and incorporated by reference herein. This permit shall be governed by the laws of the State of Florida. This permit is valid through December 31, 2025. PERMITTEE Countersigned: CITY OF CLEARWATER, FLORIDA Bruce Rect Jen ' -r 'oirri Mayor City Manager Approved as to form: vi Michael Fuino Assistant City Attorney PERMITTER By: Gene Crosson Date Attest: j_Ld-uvul-Lk, Rosemarie Call City Clerk injury or damage as shall have been occasioned by the sole negligence of the PERMITTER. With respect to and in consideration for the indemnifications provided by PERMITTEE, the PERMITTER has paid to the PERMITTEE the sum of One and 00/100 Dollar ($1.(10), the sufficiency and receipt of which is hereby acknowledged. 6. The provisions of all applicable laws, statutes, County ordinances and operational standards shall apply to construction, operation, and maintenance pursuant to this general permit. 7. In the event of construction, repair or reconstruction of County-owned facilities, the PERMITTEE shall move or remove said utility installation at no cost to the PERMITTER, 8. The operational standards for Annual General Permits apply to the construction, operation and maintenance of PERM ITTEE'S facilities and are attached hereto and incorporated by reference herein. This permit shall be governed by the laws of the State of Florida. This permit is valid through December 31, 2025. PERMITTEE Countersigned.- CITY OF CLEARWATER, FLORIDA Bruce Rech r Jenn,46 KoirriE6,� Mayor City Manager Approved as to form: Attest: Michael Fuino Rosemarie Call Assistant City Attorney City Clerk 4y PERMITT Cp x C osson Is ED CLEARWATER GAS ANNUAL GENERAL PERMIT EXHIBIT A All work will be within the confines of Figure 2 as depicted in the Utility Annual General Permit Operational Standards. INSTALLATIONS AND MAINTENANCE SUCH AS, BUT NOT LIMITED TO: • REPAIR EXISTING FACILITIES • RETIRE SERVICES • INSTALL AND MAINTAIN PASSIVE CATHODIC PROTECTION DEVICES (ANODES, INSULATORS, ETC.) • INSTALL AND MAINTAIN ACTIVE CATHODIC PROTECTION DEVICES (RECTIFIER STATIONS, ETC.) • INSTALL SERVICE TAPS ON EXISTING GAS MAINS • INSTALL NATURAL GAS SERVICE LINES • INSTALL AND MAINTAIN NATURAL GAS VALVES, REGULATOR STATIONS AND TELEMETERING STATIONS • INSTALL LOCATING STATIONS, TEST STATIONS, GAS MARKERS AND VENTS • PERFORM FIELD INSPECTIONS FOR CONDITIONS AND LOCATIONS OF GAS FACILITIES • PERFORM MISCELLANEOUS MINOR MAINTENANCE RELATED WORK NOTE: Effective October 1, 2010 all work within the Keystone Road right-of-way will require a right-of-way utilization permit and will not fall under the Annual General Permit. ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATIONPINELLAS.GOV ANNUAL GENERAL PERMIT OPERATIONAL STANDARDS FOR MAINTENANCE WORK WITHIN PINELLAS COUNTY RIGHT-OF-WAY IN ACCORDANCE WITH PINELLAS COUNTY LAND DEVELOPMENT CODE ARTICLE V. UTILITY WORK SECTIONS 154-300 THROUGH 154-310 Approved /l & 7Vetkr.Jt4t. ,[ Kelli Hammer Levy Director of Public Works Good through December 31, 2025 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATION(a�PINELLAS.GOV I. TYPES OF PERMITS FOR UTILITY WORK IN PINELLAS COUNTY RIGHT-OF-WAY(ROW) Exclusion Areas: This Permit does not apply to any work within the right-of-way of Keystone Rd. between US 19 and East Lake Rd.; specific Utilization Permits are required. 1. ANNUAL GENERAL PERMITS are given for work that is beyond 5 feet from back of curb (BOC) or edge of pavement (EP), as shown in Fig. 2. The Annual General Permit is a permit issued by the County for certain routine, repetitive work not requiring a Specific Utilization Permit and may be issued or renewed for periods up to one year. This permit covers regular and recurring activities and specifies exempted activities for each utility as defined in Exhibit A. All construction or maintenance of facilities must be accomplished with the least disruptive technology resulting in the least amount of damage and disruption of the right-of-way. All the activities will be in compliance with the Pinellas County code. - It is the Contractor's responsibility to document the existing condition of the Right-of- way prior to beginning any work. Please notify the Area inspector of the deficiencies prior to commencement. Failure to do so will result in permit holder being held responsible for corrections that appear to be associated with the activity. - Contractor must provide a forty-eight (48) hour notice prior to commencing work at rownotifcationApinellas.gov. Failure to do so may result in the revocation of the Annual General Permit. 2. SPECIFIC UTILIZATION PERMITS - are required before work is to begin, where non- emergency operations involve working within 5 feet of the edge of pavement or back of curb as shown on Fig. 1. They are also required for infrastructure installation, bridge attachments, major drainage and waterway crossings, or when pedestrian traffic will be impaired for greater than 60 minutes. - A Specific Utilization Permit is required for upgrading or installation of poles and associated attachments. - A Specific Utilization Permit is required for any tree proposed for removal. 2 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATION(a)PINELLAS.GOV 3. EMERGENCY PERMIT All emergencies must immediately be reported to the Public Works Department at (727) 464-8900. - Notification to the Pinellas County Regulatory Development Review Services Division (727) 464-3394 must be initiated within twenty-four (24) hours to obtain an after the fact permit for emergency work. II. AREAS NOT EMBRACED BY THIS PERMIT 1. KEYSTONE RD between US 19 and EAST LAKE RD - Specific Utilization Permit is required for work within this area. III. OPERATIONAL STANDARDS FOR ANNUAL GENERAL PERMITS 1. MAINTENANCE OF TRAFFIC - All activities in accordance with this agreement must conform to the U.S. Department of Transportation's "Manual on Uniform Traffic Control Devices" (MUTCD) and the Florida Department of Transportation's (FDOT) "Standard Plans" 120-600 through 120-670 (latest editions). - A safe and easily accessible Americans with Disabilities Act (ADA) compliant paved or unpaved pathway for pedestrian, bicycle, and handicapped traffic must be provided and maintained through the work zone for the duration of the construction. If the pathway lies along a designated school walking route then the Permittee, or its agent, must provide adequate supervision and/or guidance to the school aged students as they traverse through the work zone. - All construction of alternate or detour routes for pedestrians, bicyclists and handicapped persons must meet the requirements of the FDOT "Standard Plans" 120- 660. - No roadway will be closed without the prior written permission of the Pinellas County Traffic Engineering Division. At least 2 normal working days (Monday thru Friday) advance notice is required. All maintenance of traffic plans are to be submitted to the Pinellas County Traffic Engineering Division for approval prior to commencement of construction. Appropriate work zone safety is to be followed at 3 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATION(c�PINELLAS.GOV all times. - All construction activities must include a traffic control plan in accordance with the FDOT "Standard Plans" General Information for Traffic Control Through Work Zones (Indexes 120-600 through 120-670). 2. CLEAR ZONE SETBACK REQUIREMENTS - No obstacles or impediments to vehicular or pedestrian traffic may be left in the clear zone, as described in the "MUTCD" as a result of construction activities by the permittee, or its agents. All work must be ADA compliant upon completion. 3. CLEARANCES - All overhead installations must conform to clearance standards of the "National Electric Safety Code", latest edition, (incorporated herein by reference), and all underground crossing installations must be laid at a minimum depth of 30" below grade, or at 36" below ditch bottom. 4. TRENCH SAFETY - The Trench Safety Act (Florida Statutes, Section 553.60 et seq.) applies to construction, operation, and maintenance. 5. WORK ZONE SAFETY - Excavated materials must not be placed on sidewalks. - Stockpiled materials must not restrict sight distances (i.e., not be greater than 3 feet in height in the line of sight used by traffic). - Work area and excavated material must be clearly marked and made safe to vehicular and pedestrian traffic at all times per "MUTCD" Standards (latest edition). - All applicable Occupational Safety and Health Administration (OSHA) requirements must be satisfied. 6. RIGHT-OF-WAY RESTORATION - All disturbed areas in the right-of-way must be sodded unless otherwise directed by the County's Inspector. - Vegetation, other than sod, must be restored to its pre -construction condition if approved by the County's inspector. Excavated areas must be compacted to the standards specified in Right -of -Way Compaction below. 4 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATIONPINELLAS.GOV - Restoration of driveways and placement of sod must be completed prior to excavation starting in another area (job) by the same contractor. Exception to this rule may be allowed where ongoing construction makes such restoration impractical. - The type of sod used to restore the right-of-way must be coordinated with the adjacent property owner. Sod must be maintained and watered a minimum of 2 weeks or until it roots are established, whichever is longer. - No stockpiling of material is allowed in roadway; all dirt and debris must be removed from the job site upon completion. - Notify property owners regarding sprinkler systems, plants and mailboxes that may be disturbed during construction, prior to disturbing them. Replace those items that are damaged by permittee. - The Permittee is responsible for handling all complaints regarding the construction project. - Trees must be protected as necessary per "Pinellas County Standard Details" Index 1111. Any tree(s) that are damaged must be replaced in accordance with Pinellas County Land Development Code 138-3654 and replacement coordinated with the County's Urban Forestry Section. 7. NPDES REQUIREMENTS: - Approved land disturbing must include properly installed Best Management Practices (BMPs) including erosion and sedimentation control measures prior to commencement and must be maintained during and after all land disturbing and dewatering activities to prevent siltation and turbid discharges from entering county - maintained storm sewers, adjacent wetlands, and surface waters. - The BMP's must remain in place until construction is complete and County inspectors have determined the site has been properly stabilized. Within 72 hours of establishing final grade at the project site, the permittee must stabilize exposed surfaces to prevent erosion, siltation, or turbid run-off. Failure to properly install and maintain erosion and/or sedimentation controls or an illicit discharge resulting from their failure is considered a violation of Sec. 58 of the Pinellas County Code and could result in penalties of up to $10,000 per offense. - Pursuant to Pinellas County Code Section 58-245, the permittee is also required to 5 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATION(a�PINELLAS.GOV notify the County's Division of Environmental Management (DEM) at 727-464-5060 or watershed@pinellas.gov immediately in the event of any impacts to the MS4 and/or surface waters. - This permit does not apply to dewatering activities. A Specific Utilization Permit and Florida Department of Environmental Protection (FDEP) Dewatering permit is required. Dewatering must be reviewed and approved by Public Works prior to its implementation and must be consistent with National Pollution Discharge Elimination System ("NPDES") program requirements. Please be advised additional permitting by other county departments or the state may be required. For information on the state's construction dewatering regulations visit https://floridadep.gov/water/stormwater/content/construction-dewatering-faq . 8. DRAINAGE SYSTEMS - Drainage systems must be operational at all times, this includes ditches and storm drains, underdrains, etc. - If drainage filtration or underdrain systems are damaged, the County's Inspector must be notified at (727) 464-8900 and the system must be repaired to working conditions by the permittee. 9. DRIVEWAY - When driveways are to be jack and bored or directional bored, no jetting air or water shall be allowed. - When driveway cuts are approved, they must be repaired from curb to sidewalk, expansion joint to expansion joint or to a 5 -foot width of cut, whichever is least. -Whenever an asphalt driveway cut is approved, the entire apron in the Right-of-way must be resurfaced. - Driveway cuts must be repaired per the Pinellas County "Standard Details". - Coordinate the cutting of driveways with the owner prior to cut. All driveways must be in passable condition at the end of each work day. 10. RIGHT-OF-WAY COMPACTION - Compaction in the right-of-way must be in accordance with Pinellas County "Minimum Testing Frequency Specifications for Roads, Storm Drainage, Utilities and Sampling Procedures" (latest edition). 6 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATIONPINELLAS.GOV 11. SIDEWALK - This annual general permit does not apply when sidewalk removal is necessary, or the use of the sidewalk may be impaired or closed for greater than 60 minutes. A Specific Utilization Permit will be required. - Sidewalks that are damaged as a result of work performed under this permit must be restored to the pre -work condition or better. A Specific Utilization Permit will be required to perform this work. - When sidewalks are to be jack and bored or directional bored, no jetting air or water shall be allowed. 12. GOVERNMENTAL SURVEY - When governmental survey control points are subject to displacement, they must first be properly referenced prior to disturbance. After construction is complete, the control points must be reset to their original locations. All survey work on governmental survey control points must be performed by a Florida Registered Land Surveyor. 13. ONE CALL SYSTEM (Florida Statute Chapter 556) - When digging is involved, the utility notification center SUNSHINE 811 (1-800- 432-4770) must be notified by the permittee two (2) full business days in advance of construction. This notification does not satisfy the requirement for Permittee to provide the County with forty-eight (48) hours' notice prior to commencing work. 14. ENVIRONMENTAL REQUIREMENT - Prior to beginning any work hereunder, Permittee must, through the FDEP Online Contamination Locator Map and the Pinellas County GIS Map, first evaluate the property herein as to any environmental risks. If after the start of any work herein Permittee encounters any environmental hazard or abnormal conditions, Permittee must immediately cease work and notify the County. Permittee may only resume work upon written notification by County Director of Public Works or designee. 15. ENGINEERING & TECHNICAL INFORMATION - Pinellas County Technical Specifications and Standard Details can be found at: https://pinellas.gov/engineering-technical-information-public-works-and-utilities/ 7 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATIONPINELLAS.GOV III. RELEASE, HOLD HARMLESS, INSURANCE AND INDEMNIFICATION 1. HOLD HARMLESS - Permittee releases and holds harmless Pinellas County and will cause any contractor performing work on Permittee's behalf to release and hold harmless Pinellas County, for any injury or damage resulting from Permittee's work in the Right -of -Way pursuant to this Permit. Permittee agrees to indemnify, defend, and pay the cost of defense for any claims, damages, injuries, and liabilities arising out of or related to the work performed by or on the behalf of the Permittee pursuant to this permit, unless such claim, damage, injury, or liability results from the sole negligence of the County. 2. INSURANCE -Prior to permit approval, the Permitee shall obtain and maintain, and require any contractors working for the Permittee to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better. - The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). The Certificate holder section shall indicate Pinellas County, a Subdivision of the State of Florida, 400 S Fort Harrison Ave, Clearwater, FL 33756. Pinellas County shall be named as an Additional Insured for General Liability. A Waiver of Subrogation for Workers Compensation will be required for Workers Compensation coverage. - Required insurance shall remain in effect throughout the term of any permitted use of the right-of-way. If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the work you will be notified by CTrax, the authorized Consultant of Pinellas County. Upon notification, renewal certificate(s) of Insurance and endorsement(s) should be furnished to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi Data at PinellasSupport@jdidata.com by the Permitee or their agent prior to the expiration date. - The limits shown below are minimum insurance requirements. County reserves the right to increase insurance requirements for projects that have a greater risk exposure as determined by Risk Management. - The permittee shall furnish commercial general liability insurance, including but not 8 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATION(a.PINELLAS.GOV limited to independent contractor, contractual, premises/operations, products/completed operations and personal injury covering the liability assumed by the permittee. Limits of liability for personal injury, bodily injury, including death, and property damage shall be a minimum of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate; coverage shall be on an "occurrence" basis. There shall be no "explosion, collapse, or underground" exclusions allowed. Completed - The permittee shall also maintain workers compensation insurance if statutorily required by Florida law. Coverage shall include employers' liability limits of $500,000.00 per person, disease, and disease limit. -If permittee operates commercial vehicles on or around the right-of-way, permittee shall maintain business automobile liability coverage with a limit of no less than $1,000,000.00 per accident. -If permittee will be digging in right-of-way, permittee shall carry contractors' pollution liability coverage with minimum limits of $1,000,000.00 per occurrence or claim, and $1,000,000.00 annual aggregate. Additional requirements: - Each policy shall require that 30 days prior to expiration, cancellation, nonrenewal or any material change in coverage or limits, a notice thereof shall be furnished by certified mail as to material change in coverage or limits to risk management at the address listed below in subsection (h). -Permittee shall also notify risk management within 24 hours after the receipt of any notices of expiration, cancellation, nonrenewal or material change in coverage received by the permittee from its insurer and immediately send a copy of that notice to Pinellas County Risk Management, 400 South Fort Harrison Avenue, Clearwater, FL 33756. - Companies issuing the insurance policies shall have no recourse against the county for payment or premiums or assessments or for any deductibles which are the sole responsibility and risk of the permittee. - All policies shall be primary and non-contributory to any insurance or self-insurance of county. The policy clause "other insurance" shall not apply to any insurance coverage currently held by the county, to any such future coverage, or to the county's self-insured retentions of whatever nature. 9 ANNUAL GENERAL PERMIT USERS ARE REQUIRED TO PROVIDE FORTY-EIGHT (48) HOURS NOTICE PRIOR TO COMMENCING WORK TO: ROWNOTIFICATIONPINELLAS.GOV -The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. 10 , A/, Ail AdorAdr 'Ar#74".. ir, C/L ROADWAY Ar///zZ AZ,/15=NNW P.' SIDEWALK \\- DRIVEWAY LEGEND R/W E/P B/C CIL NOTE: SHADING AREA WHERE ANNUAL GENERAL PERMIT DOES NOT APPLY. JOB SPECIFIC RIGHT-OF-WAY UTILIZATION PERMIT IS REQUIRED. WORK ZONE RIGHT-OF-WAY EDGE OF PAVEMENT BACK OF CURB CENTERLINE FIGURE 1 PINELLAS COUNTY FLORIDA REQUIRES JOB SPECIFIC RIGHT-OF-WAY UTILIZATION PERMIT APPROVED BY: 4.4. :rte 4- RANDOLP 1J. A TR a PE PINELLAS COUNTY DRS ENGINEER 0/,/ AveZ LEGEND WORK ZONE VA SIDEWALK Z4/7" At7I- Ar Ate C/L ROADWAY E/P OR B/C NOTE: SHADING INDICATES AREA COVERED BY ANNUAL GENERAL PERMIT RNV RIGHT-OF-WAY E/P EDGE OF PAVEMENT B/C BACK OF CURB C/L CENTERLINE FIGURE 2 v /pA 4 rZZ a r 5' PINELLAS COUNTY FLORIDA REQUIRES JOB SPECIFIC RIGHT-OF-WAY UTILIZATION PERMIT APPROVED BY: RANDOLP J. -"ER AAA E PINELLAS COUNTY DRS ENGINEER