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1993-02-02C I T Y O F 0 X E E C H 0 B E E C I T Y C O U N C I L M E E T I N G FEBRUARY 2, 1993 — 7:00 P.M. SUMMARY OF COUNCIL ACTION Paae 1 of 9 1 COUNCILMfMBFRS ACTION VOTE YES NO Nr A. Call Meeting to order on February 2, Mayor Kirk called the February 2, 1993 meeting to order at 7:00 1993 at 7:00 p.m. p.m. B. Invocation offered by Councilman Watford; Invocation offered by Councilmember Dowling R. Watford, Jr; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: Mayor James Kirk Present X Councilmember Danny P. Entry Present X Councilmember Michael G. O'Connor Present X Councilmember Jerry E. Walker Present X Councilman Dowling R. Watford, Jr. Present X Staff attendance: Attorney John R. Cook Present X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present X Deputy Clerk S. Lane Gamiotea Present X D. Motion to dispense with reading and Councilmember Entry made a motion to dispense with reading and approve the Summary of Council Action approve the Summary of Council Action for the Regular Meeting of for the Regular Meeting of January 19, January 19, 1993 and the workshop of January 19, 1993; seconded 19, 1993 and the Council Workshop of by Councilmember Watford. i' 19, 1993. Councilmember Watford stated that at the January 19th regular meeting there was discussion on the 1993 Street Paving Program and he wanted to know if the staff had come up with an amount of money for the streets that were added, particularly the Blue Heron entrance? 6 February 2. 1993 - Regular Meetino - Pa4e 2 of 9 LOUNCILMEMBERS ACTION VOTE VES WJ KW D. Minutes continued: It was explained to Council that Blue Heron Developer Jim Baughman agreed to take out the trees from the median, there are trench cuts across the road which the City will pave. Engineer Dan Willard was in town today, he and Public Works Director Elders went to Blue Heron to look at the curves where the median strip was to see if it need to be widened. He does not anticipate needing to spend a lot of money and there should be money left over from the $100,000. Vote on motion to approve minutes as follows: KIRK X ENTRY X O'CONNOR X WALKER XX WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. None. E. NEW BUSINESS 1. Motion to approve a partial pay Councilmember Watford made a motion to approve a partial pay request to Edens Construction in request to Edens Construction in the amount of seventy—two thousand the amount of $72,122.39 — City one hundred twenty—two dollars, thirty—nine cents ($72,122.39) as Administrator (Exhibit 1). recommended by Engineer Bill Reese for the CDBG Grant Water Main Improvements; seconded by Councilmember Walker. Following brief discussion among Council and Administrator Drago, vote is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. February 2, 1993 - Reqular Meeting - Page 3 of 9 COUNCILMEMBERS ACTION VOTE VES NO E. NEW BUSINESS 2. Motion to approve a partial pay Councilmember Watford made a motion to approve a partial pay request to Better Roads in the request to Better Roads in the amount of seventy-two thousand nine amount of $72,994.34 - City hundred ninety-four dollars, thirty-four cents ($72,994.34) as Administrator (Exhibit 2). recommended by Engineer Dan Willard for the 1992 Road Improvements; seconded by Councilmember Entry. Following brief discussion among Council and Director Elders, vote is as follows: KIRK X X ENTRY X O'CONNOR XX WALKER WATFORD MOTION CARRIED. 3. Motion to approve a Sewer Utility Councilmember Entry made a motion to approve a sewer utility Agreement between the City and agreement between the City and Walpole, Inc. (5,000 gallons per Walpole, Inc. - City Administrator day for a Feed Mill); seconded by Councilmember O'Connor. (Exhibit 3). In answer to Councilmember Watford's questions, Administrator Drago stated, the Council has not seen anything on this before. He continued further by explaining this is an item left over from 1992. It is our understanding, according to Walpole's engineer a City representative signed off on the original plans and they are in the Department of Environmental Regulation office. Our engineers have not looked at those plans, however we have asked } 1 for them. 3 February 2, 1993 - Reqular Meetinq - Page 4 of 9 E. VOTE COUNCILMEMBERS ACTION YES NO NEW BUSINESS 3. Walpole agreement continued: This utility agreement calls for Walpole to meet our ordinance requirements as far as the strength of waste he can give the City and we do have the right to sample and take appropriate action if in fact the strengths are higher than what our ordinance calls for. The developer has agreed by separate contractt0put in a third manhole for pretreatment if a sewer line is extended in front of his property. The reason being is the way that plan was originally designed it has got some forty-five degree bends going into some manholes. The manholes are basically acting as septic tanks and they pump chemicals into it to reduce the strength of the waste. In those forty-five degree bends clogs can occur. We wanted to make sure the developer is responsible for that part of the system where the forty-five degree bends are and not the City's responsibility in case there is a clog. If he has to put in the third manhole then he has to grant us easements on his property, the manhole gets extended to the street then he is responsible for everything from the street back. Councilmember Watford made an amended motion to approve the 5,000 gallons per day sewer allocation for Walpole, Inc; seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X AMENDED MOTION CARRIED. Councilmember Watford stated he is concerned about the wastewater the City will be getting and wants to be certain the City is protected if the wastewater has certain chemicals we cannot treat, should not treat or do not want to treat. In response, Attorney Cook stated those restrictions are in the ordinance we have on what can enter into the system. This standard contract, paragraph nine states, the plans will be prepared in accordance with applicable City ordinances, policies of water and sewer guidelines and system requirements for connection to the City of Okeechobee. February 2. 1993 - Regular Meeting - Page 5 of 9 5 E. NEW BUSINESS LOUNCILMEMBERS ACTION VOTE VES NO VaNT 3. Walpole agreement continued: Attorney Cook continued discussion on the matter and Councilmember Watford asked Administrator Drago, will we run tests at the beginning to see what we are getting? Administrator Drago confirmed we will. Vote on original motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 4. Motion to adopt Resolution 93-1 - Councilmember Watford made a motion to adopt Resolution No. 93-1; j City Clerk (Exhibit 4). I seconded by Councilmember Entry. Attorney'Cook read Resolution No. 93-1 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING HOSPICE OF OXEECHOBEE IN ITS ATTEMPT TO OBTAIN A GRANT FUNDED THROUGH THE COMMUNITY SERVICES BLOCY GRANT, FEDERAL FISCAL YEAR 1993." Vote on motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 5. Motion to appoint Bill Saum, Bill Councilmember Entry made a motion to appoint Bill Saum, Bill Douglas, Bea Castorina, Rick Jordan Douglas, Bea Castorina, Rick Jordan and Pete Teitsort to the City and Peter Teitsort to the City Employee Grievance Committee; seconded by Councilmembers Walker Employee Grievance Committee - City and Watford. Administrator. T February 2, 1993 - Regular Meeting - Page 6 of 9 _ COUNCILM6MBFRS ACTION VOTE y6S NO P-<TNT5. E. NEW BIISINESS Grievance Committee continued: Clerk Thomas explained to the Council, approving the committee is routine and all employees serving were contacted and agreed to serve on the grievance committee. Vote on motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 6. Discuss the ranking for Engineers - Councilmember Watford began discussion concerning the ranking for Mayor Kirk (Exhibit 5). engineers. He felt the first decision the Council should agree on was how is the Council going to do this? Are we going to enter into a continuing services contract with more than one engineer (more than one for wastewater and more than one for water)? Or do we just enter into a continuing services contract with more than one period and then we determine what they are going to do? Or can we just rank them and have that ranking there for the administrator to pick from? Continuing further by asking Attorney Cook to again explain the limits on continuing services contracts. Attorney Cook explained the definition is "a continuing contract is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which construction costs do not exceed $500,000.00 or for study activity with a fee for such professional service does not exceed $25,000.00 or for work of a specified nature as outlined in the contract required by the agency". There is not time limitation except that the contract must have a termination clause. February 2, 1993 - Regular Meeting - Page 7 of 9 E. NEW BUSINESS COUNCILMEMBERS ACTION VOTE yES 6. Engineers continued: Attorney Cook continued, the City's ability to enter into a continuing type contract depends on the initial advertisement that the City let out seeking the various bids from the engineers. The way the Statute is interpreted, for example if the advertisement solicits professional engineering services necessary to implement a City's Airport Master Development Plan the engineering firm solicited could perform a wide variety of projects in connection with the plan and could undertake to provide engineering services in connection with construction on certain improvements even if the cost exceeds $500,000. If the advertisement relates to more or less a specific project then not only can you have the continuing contact for up to $500,000.00 construction cost or $25,000.00 for professional fees you can actually exceed that amount. On the other hand if you advertise for professional engineering services in connection with miscellaneous public works projects then that is subject to a cap of the $500,O0O./$25,000.00 and if any portion of that project exceeded that then you would have to re —advertise under the Competitive Act. The statute relates to advertising each occasion when professional services are required to be purchased for a project. Under the statute we could enter into a continuing contract with more than one firm for different projects. We cannot enter into continuing services contracts with two separate firms and pick and chose between them when and if we have specific projects in mind that are different. If the intent here is to seek professional engineering services for various public works projects be it water or wastewater, then we could have just one contract. But if we are going to divide it up between wastewater and ground water and have those two areas separated then we could enter into a contract with a different firm for each one, not two for water and two for wastewater. Councilmember Watford stated he hated to postpone this decision however, would like to have Attorney Cook look and see if we can have two continuing service contracts with two separate firms for water and wastewater. 7 February 2, 1993 - Regular Meeting - Page 8 of 9 E. VOTE VES NO KW COUNCILMEMBERS ACTION NEW BUSINESS 6. Engineers continued: Councilmembers O'Connor and Entry felt the issue had gone on long enough and a decision should be made. Councilmember Watford made a motion to table the rankings for engineers until the next meeting; seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION DENIED. Mayor Kirk commented, we (the Council) need to be careful with what we ask our staff to do, basically we are not accepting our peoples word and that worries me. Councilmember O'Connor made a motion and it was seconded by Councilmember Entry to instruct Administrator Drago to begin contract negotiations with the engineering firms, ranking as follows: Wastewater - 1. Knepper & Willard, Inc. 2. Reese, Macon & Associates 3. Mock, Roos & Associates Water - 1. Reese, Macon & Associates 2. Knepper & Willard, Inc. 3. Mock, Roos & Associates Council instructed Attorney to research if the Council could have two continuing contracts for water and two for wastewater. Vote on motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. February 2, 1993 - Reqular Meeting - Page 9 of 9 COUNCILMEMBERS ACTION VOTE YES NO E. NEW BUSINESS 7. Discuss the position of Vice Mayor — Mayor Kirk explained to the Council there are times when he cannot Mayor Kirk, attend various invitations from the public due to his job at the school and often has to ask Councilmembers to fill in for him. He requested Councils opinion of appointing a Vice —Mayor to fill in for him or keep things as they are and appoint a Councilmember to fill in for him as the invitations to function arise. Council discussed this briefly and decided to continue as they currently are with the Mayor appointing Councilmembers to fill—in for him in his absence. ADJOURNMENT Mayor Kirk: There being no further items on the agenda, Mayor Kirk adjourned y the meeting at 7:55 p.m. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHI E APPEAL IS BASED. J!�A E. 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Mayor and Council attendance: Mayor James E. Kirk Councilman Danny P. Entry Councilman Mike O'Connor Councilman Jerry E. Walker Councilman Dowling R. Watford, Jr. Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting of January 19, 1993 and the Council Workshop of January 19, 1993. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA s -2- F. NEW BUSINESS 1. Motion to approve a partial pay request to Edens Construction in the amount of $72,122.39 - City Administrator (Exhibit 1) 2. Motion to approve a partial pay request to BetterRoads in the amount of $72,994.34 - CityAdministrator (Exhibit 2) 3. Motion to approve a Sewer Utility Agreement between the City and WAlpole, Inc. - City Administrator . (Exhibit 3) 4. Motion to adopt Resolution 93-1 - City Clerk (Exhibit 4) 5. Motion to appoint Bill Saum, Bill Douglas, Bea Castorina, Rick Jordan and Peter Teitsort to the City Employee Grievance Committee - City Administrator 6. Discuss the rankings for Engineers - Mayor Kirk (Exhibit 5) 7. Discuss the position of Vice Mayor - Mayor Kirk ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IFANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. Edens man Comaany, Ir�c. Reese, [bacon & Associates, rnc. - 745"N-.W.- -2nd--Street Sohh Bay, "FL 33493 - - - - - PaI m Springs FL 33.4 6,1: (305) 433-9-311 - PROJECT NAME_ CDBG Grant Water Main Irnproments -- - PROJECT NUMBER 91-155... _-- PERIOD COVERED 12/11/92 THROUGH 1/14193 CONTRACT DATA: Bids Received Notice to Proceed 9/22/92 Calendar Days to Sub. Completion 180 Calendar Days to Completion 210 Original Completion Date 4/19/93 Ext. Allowed to Date (days) New Completion Date n Original Contract Amount $493,138.50 ` Change Order No. 1 3 Change Order No. 2 Change Order No. 3 Change Order No. 4 n Adjustments to Date " = Rev. Contract Amount • Percentage Complete Percentage Complete {time} S3 9. j Inspector: 3 r APPROVED FOR PAYMENT. - - Reese, Macon Associates owner BF -BY • zy, Partial Payment Estimate No.: Two Subaitted- -u L SUMMARY '6F -JOB STATUS Total'*Wdrk Completed' - Hateriils • Stored ••Oasite Subtotal - Less Retainage (10%) $ 19,750.62 Less Previous Payments $ -105 - Amount Due This Period S 72,122.39 Alt CONTRACTOR'S CERTIFICATION As autborized agent for the Contractor, I, the undersigned hereby certify that to the best of my knowledge and belief, this is a true and correct statement of work performed and materials delivered. I further certify that the Contractor has good title for all materials delivered under this partial payment estimate and there are no vendors' liens, mechanics' liens, or other liens or rights to liens against this job, and that all previous partial payments received under this Contract have been applied to discharge in full all of the Contractor's obligations reflected in prior partial payment requests and that hourly wages paid to all employees on this project for the period of this estimate are in accordance with the wage scale determination contained in the -contract documents. EDENS CONSTRUCTION CO. Contractor BY: January 14, 1993 Sheet 1 of . 4 - - - -- "--'- PERIODIC PAY-rSTI14A'1'E— - - ).a,- _- CDBG_Gra.iJL.iTO: ts _ - _ FROM: 12/11/92 - 1/10/93 _ - ESTIMATE NO-;-:- fM[p cit. "NTRACTOR: Edens Construction Inc. L s L� PURCHASE ORDER NO.: RM NO. 91-155 - -- � - Completed Completed Work Materials" Value of C. Work em Unit Contract Last This Completed tr oed Description Quantity Unit Price Amount Estimate Period To Date On -Site Completed 1 8" PVC Pine C-900 15,500 IF 10. 8235 4458 12,693 6 = 54 18.5 72.5 1,254.25 2 _ _ 8" D.I. Pipe 65 LF 17-30 - 615 22 -637 _ _-5,478.20- 3 6" PVC Pipe C-900 91500 LF 8.60 81 700.00 4 6" D.I. Pipe 110 LF 15.00 1,650.00 0 21 21 315.00 0 2 2 2,400.00 5 8" Territi na l End 3 Each 1, 200.00 _ 3,600.00 6 6" Terminal End 1 Each 1,100.00 1 0 n 22 15 37 13,875.00 77 8" RSV w/Box 47 Each 375.00 17,525.00 13 •12 25 7,500.00 8 6" RSV iw/Box 34 Each 300.00 10, 200.00 n 0 6447.10 .'y 6,447.10 : 1 _ .4 ;190. 62 9 D.I. Fittings 91500 Lbs 0.65 6 - 2 to 12 t 1,So0.00 ! 8" x 2' Tap��ing Saddle (DI) } 2 Each 150.00 _ 300.00 12 (2) 10 1,000.00 911 8" x 1" Tapping Saddle (DI) 10 Each 100.00 1,000.00 i n12 8" x 3/4" Tapping Saddle (DI) 75 Each 77.00 5,775.06 28 27 55 i 4 235.00 i D 1 0 ) 95.0I ' -13 6" x 1 " M%nni rffi CarlRl a f nT 1 11 c=.•E, 95.00 2 . I85. OU 14 6" x 3/4" Tapping Saddle (DI) 45 .Each _- 70.00 3,150.00 . Corporation Stop 32 Each 71.50 2,288.00_---- PERIODIC PAY !W1?MTE tDir. _Qtar)f_V._M.-' V66L FROM.- 12/11M_ .TO: -:-,,1110/93 --ESTIMATE-NO. a:TOR: Edens COnstruction C scgarty, Iric. PURCHASE ORDER -NO.: 1w M. 91-155 1�omplete.;l t6inpleted Work materials. Value of Descriptiqn Unit _ Contract Last This Completed Stored work -Quantity Unit Price Amount To- Date-----.- On -Site Completed 2" Corpor tinn Stop 2 Each 163.00 _-326.00 2 0- 2- 326.'00 4w,Corp_arat_ion Stop I18 Each 40.00 4,720.06 -28 0 28. 1,120.00 1" Polybutylene Tubing 11100 LF 3.80 4,180,00 3/4- Polybutylem Tubing 3,700 LF 2.60 9,620.00 (90 degrees -Fire SycL-ant Assembly to main) 15 Each 1,550-00 23,250.00 1 1 4 6. 00.00 il,araMeI EnFire Hydrant Assembly to main) 17 1,700.00 28,900.*00 4 6 10 17,000.00 Each �11/20 Pvc casing 850 IF 2.90 2,465.00 Casing 400 LF 3,20 Aw PVC Pipe 120 LF 4.00 480.00 1F 6; ___p 3/4Angle Sto ISO Each 66.00 mftotet Boxes 0 180 Each 22.00 3,960.00 CD Simple Points a) On Main 2 Each 500.0() 1,000.00 b)-ow-Fire Hydrant-—- 7—' Each c) On Tennim-r —End" goo- aG 1 -rnn nn Sheet 3 of 4 PERIODIC PAY ESTI.MTE ESTIi'IATE_ NO_ TWO 'RACTOR: Edens Construction C06M a , Inc. PURCHASE ORDER NO.-. -Rim No.AM 91-L55 - • Completed Completed Work Materials value of =� i Unit Contract Last This Completed Stored work DescriptionCompleted.." - • --• •- -- - .Quantity Unit ,Price-, Amount Estimate Period To Date On -Site :: Salvage Existing Fiie Hydrants, Valves & Valve Boxes 1 LS 3 000.00 * 3,000.00 Adbncz*ete _ a) -For Pavesoeat ♦.- .. -- - - - - -- - - --- -- - .. Rep] gqmM/Repair 450 CY 85.00 38,250.00 b) For Driveway 50 CY 85.00 4,250.00 Concrete Sidewalk 525 LF 7.00 3,675-00 Asohalt ' a) For Pavement Replaoaoent/1Zepair 11800 SY 11.00 19,800.00 ! b) Far Driveway ' 300 SY 13.00 3,900.00 ell Rods a) For Road b) For Driveway i Repacement/Repair 650 SY 5.00 3,250.00 E a "Y" Branch 30 Each 30.00 900.00 j Connection to Existing 2" Main 15 Each 500.00 7,500.00 , - I I Connection to Existing 6° Main.STA 100+00. 1 Each 1,200.00 1,200.00 Cmnect on to Eye sting--- ' ° + 0 1 Each 1,200.00 1,200.00 - � � M �- -- -==• -- =- _-'-_—..::--- .... _ ... Sheet 4 of 4 -.___.��'- - --=•-_-�-_ .- PERI�6I�PAY"ESTIMATE---•----- -- - .. --_.-._-..- _ _ .-_ :__._ __M_ COW . - Lam"' -Grant W:i4� Lnprcnre�erits -_ -- - - FROM.:. 12JU/92 _ - TO : - 1110/93 ESTIMATE NO. two - _RAC'i`OR: -Mdens Construction Cwpany, Inc. PURCHASE ORDER+ NO.:....wR. NO- -91-155- - Completed Completed Work Materials Value -of - Unit Contract Last This Completed Stored Work Description - Quantity Unit Price Amount Estimate Period To Date On -Site Completed_ Oonnection to Existing _ - - -- - -_ - _.. _ ..__ ..... - --•. - . r 411Main STA-115+50 1 Each 1#000.00 1,000.00 _~ .,_ �..,..•.,,,..a �..�+; ,,., n iAxn i r c 4.4on _ nn 4.400.00 n s3nt 80% 3,520.00 J i 1 Tren^-h Safety Act 26,000 LF 0.03 780.00 _ 0--- 8904 8904 - - 267:'12- Additive I`..en: ? Hcuse Connection 40 Each 250.00 10 000.00 � f 7 ' ' 1 1 i ial • IZ is 24 �ILLARD INC WIE W ♦TTT N0. 1 APPLICATION FOR PAYMENT NO. To cITY OF OKEECHOBEE. PLORIDA Contract for 1992 ROAD WROVEM ITS Two , (OWNER) OWNER,s Contact No. PW-04-00-08-92 BNQINEER's Project No. 7213-91 For Work accomplished through the date of CONTRACMWs Schedule of Values Work Completed ' ITEM Unit Price Quantity Amount 1 Amount S A. RESURF. EXIST B. RECONST. EXIST. C. NEW GOAD CONST. Total (Orig. Contract) CQ No. 1 CQ No. 2 Accompanying Documentation: CONTRAMR'S Certification: ii81:,:61 ATTACHED S SUBTOTAL A 43,431.4 SUBTOTAL B. SUBTOTAL C 89,269.a $132,700. GROSS AMOUNT DUE 132, 700.43 $ 96 10 .. *MOUNT DUDUE701 A E ....ls, aju.QA ............ S lly,4Ju-z9 LESS PREVIOUS PAS ......S 46,43b.65 .... j AMOUNT DUE THIS APPLICATION S U, W4. 34 The undersigned CONTRACMR, certifies that: (1) all previous progress payments received from O%%NFR on account of Work done under the Contract referred tQ above have been applied to discharge in full all obligations of CONTRACMR incurred in connection with Work covered by prior Applications for Payment numbered t through . Inclusive; (2) title to all Work, materials and egdpment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens. claims, security interest and encurabtarrces (except such as arse covered by Bond acceptable to OWNER indemnifying OWNER against any such licit, churn, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the C ntraact Documents and not deforrive as that term is defined in the Contract Documents. Dated January 19, ,.19 93 Becher Roads of Lake Placid. Inc.. CONTRACTOR By (Authorized Sioratum) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. 00 Deiced �/4�+uu�-7 C. . 19 493 JF ;; By CITY OF OKEECHOBEE, FL01 a. am A RESURFACING EXISTING ROADS CONmwr PREVIOMPEREOD im PEMW TOTAL TO DATE a xonm Uw AI10M QuUI<1tI" AMCMW "Mm AYOIINT atime Y mom PRfi� I PLW. tom Aw. Ma WL 7810 aM st s Type III of M* Oom LVA&V Cause 116 TN S42-70 $ 4,95= 63.21 2..699.07 63.21 2,699.07 10 1 IW AeptL Cana TYM 8-1 !lint. Surtece Course 4.626 sy 260 12,027:60 41569.0 11, 879.40 4,569.0 11, 879. An M12 h SL lreerSlr AMa.ts9rdAvs. 1 e Type 01 sown. Cwm L WWWV Course 44 TN 42J0 1,a7&80 42.08 1,796.82 42.08 1, 796.82 10 1 IM' AWh. Cone. T"m S-1 MNL S,ataee Course 1,579 Sy 2 @6 4 515.94 1,792.0 5,125.12 1,792.0 5,125.12 a, • gW 10dr Aw !ten 8L Pm* 8L to Mh SL 7 Type 111750 Asp1r. OonQ 1.rrs0ng Caurso 157 TN 4270 6.703.90 10 1 11V AWft. Coen TWO 8-1 Mod Suftm Course 4.189 SY L60 10,691.40 WW.1011 At@6bermee9lr and 121r SL 10 1 11C A"AL Cam TyPe S-1 Moo. Sur Lace Course 2,914 SY 2.60 7.576.40 2,894.0 7,524.40 2,894.0 7, 524.40 for tOlr SL bMeeo pr Or. aad mr Ave. 10 1 IM Aspb. Cara TWO S-1 Moo. Surtaos Course 819 SY 2.50 4129.40 833.0 2,165.80 833.0 2,165 - 80 &L Mh Dr. bamm Jolt 8Lmd U& CL to 1 1M- Aq*L Caw 7WW s-1 Moo. Surface course 3.884 SY 2.60 10.098.40 3,895.0 10,127.00 31895.0 10,127. 00 &W. l2Jh SL b mw3rd Ara mud Ld Are. 10 1 IW Aepu. Carr~ rAw S-1 Mad. Surface Course - - 740 SY 2.60 1,924.00 813.0 2,113.80 813.0 21113.80 PAGE SUBTOTAL S52.699.04 43,431.41 43,431.41 IT W TOTAL $62.699.04 43, 431. 41 43, 431.41 PAGE i Wff OF o10EEG"O6EE, FLOR , ceuntACT PRE X= PERIOD TM PER100 TDTAL TO DATE DEOCRrTWN QUANTITY Lu'E AMC= OWN" AMOUNT GUAKTTTY AMOUNT QUANTITY ANO[SNT PIYC9 8 RECONSTRUCTION OF EKSTING ROADS S.W.ob" beemos ob ad Ift a 2 WwWdw or. a Comp./ Sib ReaoraMo J Grass 6 Mulch 2.808 SY 1.00 2,808.00 3 1r 3tweAw Subgrade Mslsnsl tLBR 40) 5.850 SY ZA4 10$14,00 4 6 Ur ShW Base Mob" (LBR 100) 3.129 SY 3.40 17.4u.60 a 1 11V AWL Cone, Typs 6-1 Surface Coarse 4.918 SY 260 1Z.796.a0 11 Removm of E%IMO Pow.mrR 4,856 SY 0.45 2.185.20 12 Stb Preparaft En*fmk& QvdIng $1350 SY 1.00 5.350.00 &W. god Are.' Inn lath ad 111b 81. 2 Sbou kjmr Qr. 3 Coaup / S9e AMEoralbn t Grass a MWcth 243 SY 1.00 243.00 3 1r Stud 20bpade 1- I I - (WR 40) 379 SY 2.04 773.16 4 61 w SbM Base 64m" (L w 100) 359 BY 3.40 1.217.20 8 1 1W AspA. Coax Type 8-1 Stataee Courm 759 SY 2.96 2.24a.64 11 Removal of Eadonp Pavore 145 SY OAS $5.25 PAGE SUBTOTAL sssozr.8s MEN M" TOTAL s s6= a3 PAGE 2 QTY OF OKEECHOBEE, FLORIDA COMA Pr&VKM PEMOD M TWAL ,v DATE C NEW ROAD CONSTRUCTION N.W. 2ad AvLbmlmm 6rt ad ft 8L t 38e SUMise Subgmde "R 40) 2.782 SY 0.s8 1,601.9s 2,607.65 1,512.44 2,607.65 1,512.44 2 Shoukisr. car. 8 Comp. I SW R- on, Won/ Gram 6 MAct 1=D SY 1.00 1,220.00 5 8 llr Shot ease ~al "R t 00} Z700 SY 4.40 11,eao.00 2,565.00 11, 286. 00 21565.00 11, 286. 00 Q 1 Iff AsoL Corr- Type S-1 antace Comes 26t 1 str 32D 9.35520 2,620.0 8, 384. 00 2,620.00 8,384.00 WW.3rd Am. baur� *d and 40 6L 1 soSiabll M SUbWada (LBA 40) 007 SY 0.76 613m 779.30 592.27 779.30 592.27 2 SM =Mw Gr. 3 Comp.! Soa Rommu rr I Grass d MWch 300 SY 1.18 460.20 4 61M- SbW Base M wW (LW too) 771 SY 3m 2.750.18 774.50 2,772.71 774.50 2,772.71 a 1 1M' AVh. can- 7Ww S-t 8ueaaa Caurse 05 SY 2.75 2.543.75 829.0 2,279.75 829.0 2, 279.75 N.L 2"At+e. bNow3Wmd MIL t 511s SWAn SubWaft (LB.R 40) 1.908 SY 0.58 1,lm" 1,822.80 1,057.22 1,822.80 1,057.22 2 Shmddw Or. 3 Camp. / 36e anwaN4n I on= a Mutch 918 SY 1.00 918.00 4 6 Iff SbW gam MM "PMR too) 1.834 SY �p G.Ms0 1.740.30 5, 917.02 1,740.30 5,917.02 s 1 IAC AsplL Coen- Type S-1 Sumac. Cowin t,76o sY z6o 4,576.00 1,807.0 4, 698.20 1,807.00 4, 698.20 Sew IM MbOmm id AwemW Dad BW Site Pnp►3c�yvNB�COntpaetStabiisa Subprade (LBR 40) 249 SY 226 560.4a 1 Sbouidar Or. b Comps I SAe Ram n*m I Gmu i N1Wch 203 SY 2M 5d4.04 - 4 6 mr Shan so" tMtmid (Len 100) 230 SY &08 1,16&40 1 IW Asph. Cont. Typo S-t Surtam Course 213 SY 260 553.60 PACE SUBTOTAL S 4b,097.57 23,137. 66 15, 361. 95 38, 499. 61 PAGE 3 CITY OF ORES-CHOBEE. FLOI� CONI"N= PREWMIS PFMD 71M WTAL TO DATE 1TF.8t OEM QUAUM uNfT PMM AUOLR T QUAMM AUCUMT OUAMTR1t' AAKXW OUAMM ANCURT i M E. T1h SL betwsew Mb wed M Aw 1 Site Stsbi6m SubWade (UM 40) a" SY o se 513.30 895.10 519.16 895.10 519.1( 2 W=9dw Qr a Con¢ / SSft Rworaftn t Gass a tMukh 4" SY 1.00 484.00 4 61/Y am sm MOWN (LOR lam 845 SY 3.40 2.e73.00 855.30 2,908.02 855.30 2, 908. 02 8 1 114- Asp L Cora Type 8.1 SWta0e course 850 SY 2.60 2.210.00 827.0 2,150. 20 827.0 21150. 20 M.E 5m SL bw nwz ere wid M Are. 1 sue Subprade (LBR 4M t.O t SY am smog 1, 082.40 627.79 1, 082.40 627.79' 2 shouldw Or. 6 CaeqL i Sits ReeeorMan / G ee a Mukh 334 SY 1.00 53400 4 41ir sw Eiwn AAMM al (L8R tom 1.040 SY 3.40 3.Ms.00 1, 033. 80 3,514.92 1, 033. 80 3, 514. 92: s 1 1W AWL Coax. Type 3•1 Surtaoe CWW 004 SY Z60 2.584.40 985.0 2, 561. 00 985.0 2, 561. 00: &L 4M Ava bomma ere sM 7168L 1 S1tet St MW= SWW=ie (t.BR 40) on SY 0.58 540.84 948.0 549.84 948.0 549. 84 2 StaWder OL a Comp► / Me Rmwa:ion t threes a Muth 495 SY 1.00 405.00 4 61R' S M 8a Mwrist (LBR 100) 907 SY 3.40 3.083.80 8 1114, JlapiL Cone. 7"m S-i Sudwo course 866 SY 2.60 2.249.00 S.E T1hAve.Oetaeaa 2mdAvwmdCNM S +wr Plant 1 Sis Stabilize Subgmae JLSR 40) 3,292 SY 0.62 2X41.66 3,279.0 2,032.98 3,279.0 2, 032. 98 2 Shouidw Or. a Cor oLl Sue Restwulon I Gmw a M fth 1,681 SY 1.04 1.748.24 4 611t sms saw MstwW (LBR 100; 3,155 SY 3A4 10,80.20 6 1 1W AmOL Casa Type S-1 Suriace C.ourso 3,035 SY 2.60 7,W.00 PAGE SUBTOTAL s a2.27s 32 j 7,569.89 7,294.02 14, 863.91 PAGE 4 U =' CRY OF OKEEM(D EE, FLORL CONTRACT PRENIOU8 PERIOD 1MB PERIOD WEAL TO DATE OUANTTTY U wr AMOLWT OUANTf17 AMOUNT OUANTIFY AMOLW OUANtiTY AMOUNT PRICE �► -Row ILW 2nd SL bslmwee, 111A and 12tb Ave,. 1 efts SWAM Subwade (LBR 40) 1.068 SY o.58 $1144 1,136.10 658.94 1,136.10 658. 94 2 WWAOmr Or. a Camp. / 9Uta Rea*xvkn / Gram 6 hiukh 465 SY 1.00 485.00 4 6112" Shan ease MNWW (LBR 100) 1.029 SY 3.40 3.498.60 11085.10 3, 689. 34 1,085.10 3, 689 - 34 6 1 11C Amph. Conte "type 9-1 Swbm Coosa 1.076 SY 2.60 2.797.60 1,095.0 2,847.00 1, 095.0 2, 847 - 00 SW. aW SL b@Wmsa 10A maid 111w Ave. 1 She Stsbtltu Swbpna0e (LBR 40) 1.462 BY MSG 847.96 2 SMukiw Qr a C*aVL / SM Ramon / Gam a MWch 755 SY 1.00 MOD 4 61/2' aw Base, AAa1 " (M 1 am 1.402 SY 3.40 4.766.80 • 8 1 IIW Asp►. Cone. Type, 6-1 Surface Course, 1.341 SY 2.60 3.488.60 9.W.14M SLbmlmissn Oft m W70 Am 1 Site, 9ubgrade, {LBR 4� 1.348 SY 0.50 897.84 2 S k dder Gr. s Comp. / 81te Reawadom / Gmm A Mukh 825 SY 1.00 625.00 4 61r1 SbmO ease, Yme" {L8R 100) 1.404 SY 3.40 -14M.60 8 1 1/V Asph. Cons Typo S-1 Sataos Cour" 1,424 SY 2.60 3.7CL40 N.W. 3td SLbtlrrammrOft amd 10ftaAva. 1 Me Stabit w subgrade 11.BR 4oy 1,674 SY 0.s8 1.006.92 1,852.0 1, 074.16 1,852.0 1, 074.16 2 SWutdmr. fir. A Campy / SNe, Ramranon / brass a Aftich 9" SY 1.00 946.00 4 61JY Shur Base, "Mms" (LBR I cq 1.803 SY 3.40 6,130.20 8 1 IW Ampb. Cam Type S-1 Surtaos Couture, 1.731 SY 2.60 4 b00.60 PAGE S UUWAL $40.425.56 4,348.28 3,3,921.16 8, 269.44 i PACE 5 OUARTUY uw PRICE N W. 40t SL bohmm aft aad 100 Am 1 M& SfabitM "R 40) I ABC SY 2 Sho Ww Qr. s Ccr4L / Sfa RnWmlon l Grams a Muft 938 SY A 6 ur Shoo Batas MNWW jLM 100) 1.810 SY a 1 IIC AqW Cane. raW 6.1 &Vtaft Ca " 1.741 SY IM 1W AYL bm wm d taa» a1701 s L 1 as 'S MI SYbWadn (LIM 40) 999 SY 2 Staoutdw car. a cow¢ l me Remawn I grass a liAu c 493 SY 4 6 Ur Shoo Bap UdwW (LOR 100) ow SY 1 UV A* t. Caron. Too &I &Kft a Coum 917 SY 08 WL 7IhSLhWww "W aid llbAnn. lin PBr10If TOTAL TO DATE AUOLDW GUAIOW AMOM QUAXUTY AMCWT QUAfM Y AMOUNT om 1.090.40 1,842.10 1,068.42 1, 842.10 1.-068.42 1.00 W9.00 3.40 6.134.00 1, 759. 60 5t982.64 1,759.60 5,982.64 2.7a 4.805.16 1,756.0 4,846.56 1,756.0 4, 846. 56 0.65 840.35 951.80 618.67 951.80 618.67 1.07 W.51 3.47 3.324.26 912.60 3,166.72 912.60 3,166.72 2.73 2=.75 877.0 2,411.75 877.0 Z411.75 1 Slta sabWado "R 40y 1.319 sY OAS 881.02 1,480.80 858.86 1, 480.80 858. 86 2 SboWdor Gr s Corr¢! Usflessormum l Grass s mu" 717 SY 1.00 717.00 4 6 1w ON Bata SAUNW aim i am 1.466 SY 3.40 4.9"AQ 1,414.10 4,807.94 1,414.10 4,807.94 6 11IC A"k Coma. TYPO S-1 SWOM Couraaa 1,413 SY 2.70 U15.10 1,435.0 3,874.50 1,435.0 3,874.50 PAGE SUWOTAL 1 s 30.407.0 16, 503. 25 11,132. 81 27, 636.06 CMS "C" TOTAL S 15a=.40 51, 559.08 37,709.94 89,269-02 PAGE 6 UTILITY ACKRRHRNT for SEWER SERYICE Section TABLE OF CONTENTS Title 1 Preamble p$RRe 2 Definitions. t 3 Capacity ' Allocotivn. t 4 AgTeement Z to Serve 5 Fees ' 2 6 Payment of Fees. • 3 7 On -Site Installntione. 3 8 Off -Site Installations 3 9 10 Procedures for C' ' onstruction of Installations 3 Water Meters 4 11 Title to 5 Instal.tattone Cont sructed 12 by Developer • Easements. . ' ' • • 5 13 Voluntary Annexation , 14 Mart � . • Mortgage Liens 7 15 16 City's Exclusive 7 Riglrt to (Itillty Facilities . Exclusive 7 Kigirt to Prov icle Service 17 Service Rates. 7. Application for Sec7 Installatlons.vice to Cvrrsumer 1920 . ffigh Strengttr Wnste. 8 Pretreatment 8 Z1 Water Conservation 8 22 Effluent Disposal. 8 23 Inspection 9 24 Relocation of 9 Utility 1�aci.itCieq 25 Notices. 9 i 26 Cost and Attorneys' Fees . . . . . 27 Interpretation . . . . . . 10 28 Assignment . . . . . . . . 10 29 Strict Compliance. . . . . . . . . . . . 10 30 Liability . . . . . . . . . . . . . . . . . . . 10 31 Time of the Essence. . . . . . . . . 10 32 Entire Agreement Incorporation byReference . . . . . . . . . . . . . . . . 10 33 Binding Effect . . . . . . . . . . . 10 34 Governing Law. . . . 10 35 Effective Date . . . 10 36 Counterparts . . . . . . . . . . . . 10 ii • • 3 UTILITY AGRIMMENT for SEWER SERVICE THIS AGREEMENT is made and entered into this day of , 19 , by and between City of Okeechobee, a political subd.ivlsiott of the State of Florida, hereinafter referred to as "City" rind (Developer's Name) Walpole, Inc. ,hereinafter referred to as "Developer/Owner," a Feed Mill Corporation (Type of Orgnnization) WHEREAS, Developer owns land located in Okeechobee County, Florida as described in Exhibit "A", and shown on the Survey in Exhibit "El", attnched hereto (the "Property"), and Developer intend to develop the Property; and WHEREAS, Developer lint; requested that the City provide sewer service for the Property; nud WHEREAS, the City is willing to provide sewer service to the Property and thereafter to operate the utility facilities so that the occupants of the improvements on the Property will receive sewer service from City -in accordance with the provisions of this Agreement; NOW, THEREFORE, for and tit consideration of the premises, the mutual undertakings and agreements herein contained and assumed, and the Sewer Agreement, Developer and City hereby covenant and agrge as follows: 1. Pr`eamble. The foregoing statements are true and correct. 2. Definitions. The following definitions of terms used in this Agreement shall apply uttless the context indicates a different meaning: (a) "Application" - A request in writing on forms provided by City from Developer or a Consumer requesting pursuant to the Developer Agreement, specl[lc sewer services. (b) "Connection Fees" - A fee or charge paid to the City Utility Department by a Developer/Applicant for the purpose of obtaining sewer service capacity. Connection fees will be utilized for the operation and mnlnt.eitonce of the sewer collection system and to pay for related services to the property. A Developer/Applicant shall pay to the City a full fee when installed by the City and shall pay 25% of the full free when installed by the Developer/Applicant, as found tit Ritte Resolution. (c) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of delivery (e.ge curb stop, lateral cont►ections.) (d) "Contribution -in -Aid -of -Construction (CIAC)." - The sum of money and/or the value of property required as a prerequisite to service to the Property. (e) "DER" - The Florida Department of Environmental Regulation, or its successor agency. 1 (f) "Development Phase" - A subdivision or construction phase of the construction of utility Encltlties on Property. (g) "SRC" - A factor used to convert a given average daily flow (ADF) to the egiiivnlent number of residential connections. (h) "Facilities" - See ULill.Ly Fnciliti.es. (i) "GPD" - Gallons per dny. (j) "Installation" •- See ULtllty Facilitieq. (k) "Consumer's Point of Deliverl" - Unless otherwise specified herein, the potiiL where the newer service is connected to the consumers' service tnternl, which shalt be, where possible, at the consumers' property ilne. (1) "Developer's Point of Delivert" - The point where the sewer service enters the Developer's Property or the point of connection of Developer's oft -site tnstallatton to the City's system pursuant to Section B. (m) "Property" - The lnnd described in Exhibit "A" attached hereto. (n) "Service" or "Utility Service" - The readiness and ability of the City -to furnish and mn.tntnin sewer service to the point of delivery. (o) "Service Rates" or "Rates" - The City's existing and future schedules of rates and charges for sewer service, including connection fees, meter set fees, and all other fees and charges phich from time to time are in effect pursuant to ordinances, resolutions or policies .idopted by City. The schedules of Service Rates shall be of general and uniform nppltcation wlthin the City-wide water and newer uLlllt.y system. (p) "Utility Facilities" or "Facilities" or "Installations" - Utility facitiLl.es means aitd includes all equipment, fixtures, pumps, lines, mnlns, manholes, lift stations, pumping stations, laterals, service connections, and appurtenances together with all real properly, ennements aittl rights -of -way necessary to provide sewer service Lo the Property whether located on -site or off -site. The words "Utility Facilities," "Sewer Facilities," "Facilities," or "lllstnl..tatLons" shall be interchangeable unless otherwise tiidicated by the context. 3. Capacity Allocation. The parties agree that the capacity needed to provide service to the Property is 5,000 gallons per day for sewage cotlect.lon. Capacity nllocntlun is subject to the Florida Department of Environmental Regutat-.lon (Section 403.021, Florida Statutes, and FAC 17-4.07 and 17-4.15) and approval of applicable permits for the property. Should the Florida Department of Environmental Regulations refuse to issue applicable permit(s) solely because capacity is not avall.nble, the Developer may request City to rescind the allocation of calincity. Developer agrees that. the gn.tlonage calculation to determine capacity is for the purpose of allocating capacity for the Property and not for purposes of any other calculations. 4. Agreement to Serve. Developer agrees to commence construction within 6 months from the date of acceptance by the city, and agrees to complete construction and obtain all necessary permits, certificate of occupancies and other licensing requirements within 9 months Failure to meet this 2 3 time frame will not ob.tignte t:l►e r:lty to refund nny portion of fees paid, nor shall city pay any Interest on the teen pnid. The city reserves the right to recapture cn1)nclty nitocntlons for failure of the Developer to meet tl►e time Crame conditions. Upon the comp let: Lon of construction of sewer facilities by Developer, satlsEnctory inspections, the issuance of the final letter of occeptnitce by U ty, and subject to the other terms of this Agreement, City agrees to pesrmit connection of the sewer facilities instal Led by Lite Developer to the central facilities of City and to provide r►tl..l.ity service in nccordnnce with the terms and intent of t1iLs .lgreerner►t. Such connections shall at all times be lit accordance with rules, regulations and orders of the applicable governn►ent:nt nuLhoritles. City agrees that once Developer or others have connected consumer installations to City's central f.aclt.itles, City will co►►tlnuou-ity provide sewer service to the Property subject t:o continued compllnr►ce by Developer or consumer with till appll.cahle City requirements for such service, excepting unavoidable d 19r►►ption of service due to repairs, maintenance, etc. 5. Fees. In addition to Lite Contributions in Aid of Construction (CIAC) where appllcnhle, Developer hereby agrees to pay to City all appl.lcnhle Feen in ticcordnnce with the schedule from time to time in effect. Payment of Lite fees will not excuse Developer from payment of any other chnrgea uniformly made including meter fees. City shall not be obligated to refund any portion of Fees paid, nor shall Clty pay nny Interest on the Fees paid. Should tl►e Florida Deportment or: EiivIronmentaI Regulation refuse to .issue the appllcnlile 1►ermlt(y) solely because capacity is not available, refunds oC the fees will be made by City within thirty (30) days from such written notification from DER of its denial. Suchirequests to City for refunds must be accompanied by a written request from Developer that Lite cnpnctty allocation be rescinded. Developer shall. be )blLgnLc(l to pay Fees in the amount in effect at tl►e time Developer is required to pay tl►e Fees, or any initial portion thereof. No user or consumer of sewer service shall be entitled to of[set aiiy bill rendered by City for such service against Fees paid. Developer shall not be entitled to offset Fees paid or payable agnlr►st nny claims of City. 6. Payment of Fees. Developer will bo required to pay the fees at the time sewer capacity lr► allocated in accordance with Exhibit "C" attached hereto. Failure to pay tl►e fees by February 2, 1993 will result lit termination of this Agreement and the recapture of rnpiteity altocation. A monthly sewer service charge will be assesned for each remaining unit which has not been transferred to n consumes r►Cter one year from the date sewer capacity was allocated or at: the time of building permit issuance whichever occurs earlier. R,►t:es nr►d fees are subject to change from time to time by tl►e city council, and the Initial rates and fees charged shall not be construed as n cont•rnct over the life of ti►e project. 7. On -site Installations. To induce City to provide service to the Property, Developer agrees to construct and to transfer ownership and control to City, as n contrtbutlon-in-aid- of-construction, tl►e on -site sewer facilities constructed by Developer or located on tl►e Property. Tile term "on -site installations" including lift or Dumping stations, from the Developer's Point of Delivery to tl►e Consumer's Point of Delivery, excluding consumer's installations, adequate in size and design to serve each lot or unit within tl►e Property or as otherwise required by City. Developer shall install at Its sole expense, all of the aforesaid facilities within the Property in accordance with tl►e plans, specifications and all. other pertinent documer►ts approved K by the City and in accordance with Section 9, "Procedures for Construction of Installations" hereof. 8. Off -site Installation. To induce City to provide service to the Property, Developer agrees to construct and to transfer ownership and control to City as a contribution -in -aid - of -construction all necessary off -site installations from Developer's Property to the City's existing facilities. The term "off -site installations" means and includes all gravity sewer lines, lift or pumping stations, force mnins and related facilities adequate in size and design to serve the Property or as otherwise required by City. Such off -site installations shall be in accordance with the master plans of. Lite City as they relate to the City-wide water and sewer utility system. Developer shall install all of the off -site installations nt its sole expense and in accordance with the plans, spectficntiona and other pertinent documents approved by City except flint in no event shnll Developer be required to oversize tines to Lite benefit of other properties without prior agreement for reimbursement on behalf of such other properties. Developer shalt countruc:t the off -site Installations in accordance with Section 9, "Procedures for Construction of Installations" hereof. 9. Procedures for Conotruction of Installations. Developer agrees that constructtoll Of nil on -site and off -site installations as defined in Sectl.min 7 and 8 respectIvely, shall be in accordance with the follow1iig requirements: (a) Permits. Developer shall submit applicable DER permit applications to City for signature prior to submission of permit application to DER. Developer shnll mnke application to City for Underground Utility Permits and nny other applicable permits such as Right -of -Way Use Permits or D.O.T. Permits upon receipt of an approved permit from DER. i (+b) Plans and Specifications. Developer will furnish City with three (3) sets of all plans and specifications (Plans) for the installation to be constructed prepared by a registered professional engineer. The Plans shntl be prepared in accordance with applicable City Ordinances and policies including the Land Development Code, Water and Sewer Guidelines and System Requirements for connection to City -owned utittties. Developer shall obtain approval of the Plans from all agencies having jurisdiction including the Department of Environmental Regulations, Okeechobee County, and City, if nppttcnble, and submit to City one (1) copy of any construction permits. No construction shall commence until the City and npproprinte regulatory agencies have approved such Plans in writing and the City has received copies of the construction permits. If constructlooc commences prior to all such approvals, City shall have no reyponstbiltty to accept any of the installations and City may elect to terminate this Agreement or withhold service until such time as Developer ties obtained all required approvals. Should Developer wish to record the plat of a subdivision prior to construction of any installation, Developer shall post a performance bond or nix irrevocable letter of credit which is 110% of the cost of construction of the installation. (c) Pre -construction Conference. After securing all permits and approval of Plans by City and the other agencies, Developer or the engineer of record shall set up a pre -construction conference with the engineer of record, utility contractor, the appropriate building officials and the City. (d) Notice to Citx. Developer shall provide to City not less than forty-eight (48) hours written notice prior to commencement of construction, and as -built surveys shall be submitted seven (7) days prior to final inspection. Developer shall provide to City forty-eight (48) fours notice, which may be either written or verbal, prior to nny inspections or tests (other 0 0 0 3 same form attached hereto no Exhibit "D" (Warrnnty Deed), rxllibl.t "E" (Bill of Sale), and Exhibit "I-" (Easements), together with funds sufficient to pay all costs of conveyance and recording. Delivery shall be made to the City's Director of Public Utilities at the address shown herein for delivery of notices. Acceptance of the conveyance by the City shall riot become f irral until the City Council duly accepts same. Upon n vote to accept conveyance by the City Council, the instruments of conveyance will be recorded In the public records of Okeechobee County. The City will issue its letter of acceptance to Developer rcrccl City's obligation to provide service in accordance with this ,agreement shalt commence. (c) Assurance of Title. Developer slial.l at its expense deliver to City a tttte insurance policy or an opinion of title with respect to the Property confirming Developer's legal right to grant the deeds, easements and exclusive rights of service contained in this Agreement as n condition precedent to City's issuance of a letter of acceptance or delivery of service. (d) Convelance. Developer shall convey all of its interest in the installations to be conveyed to City by Warranty Deed, Bill of Sale, Easements, Endorsement, Assignments, Affidavits of No Liens and other good and sufficient instruments of transfer and conveyance, including necessary permits, as shall be effective to vest in city good and marketable title to the installations free and clear of all liens and enc:umbrnnces. Transfer of all manufacturers' and contractors' warraittles, maintenance bonds and construction contracts shall be conveyed by uncondl.tional assignment by Developer. Developer shall remain secondnrlty liable on such warranties and hereby agrees to indemnify and save hnrmless the City from any losses, damages, costs, claims, suits, debts or demands by reason of latent defects In the Lnstattntions which could not have been reasonable discovered upon normal engineering inspection, for Ia period of two (2) yenrs from the date of acceptance by the City of sold ut.11lty installations. (e) Maintenance Bond. Developer shall provide the appropriate maintenance bonds required by the Land Development code and the Water and Sewer Guidelines in effect at the time of conveyance. ( f ) Hanuals. Developer shall provide City with all operation, maintenance and parts manuals necessary for the operation and maintenance of the installations. 12. Basements. Developer hereby grants to City, subject to the terms of this Agreement, the exclusive right to construct, own, maintain and operate water and sewer facilities to serve the Property; and the exclusive right to construct, own, maintain and operate said facilities in, under, upon, and across the present and future streets, easements, reserved utility strips and utility sites, and any public place as prov l.ded nrtd dedicated to public use in the record plats, or ns provided for In agreements, dedications or grants made otherwise and indepr..rident of said record plats, and these restrictions duly noted on any conveyance of lots or units to subsequent purchasers. Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Developer's property upoir which County is constructing or operating utility facilities. The foregoing grants shall continue for as long as County requires such rights for the construction, ownership, maintenance, operation or expansion of the facilities. Developer, upon request of City, shall execute recordable easements acceptable to City to carry out the purposes of this paragraph. 6 The parties agree that In the event Developer and city agree to install any of the fncltlties in lands within the Property lying outside the streets nntl ensement arena described above, then Developer or the owner shall grant to City, the necessary easements for such "prtvnte properly' installation. Subject to City's prior written consent, the use of easements granted by Developer to City shall not preclude the use by other utilities of these easements, such ns cable television, telephone, electric, or gas utilities, provided each does not interfere with City's use thereof. City hereby agrees that all easement grants will be utilized in accordance with generally accepted practices of publicly owned water and sewer uti.iltlen with respect to the Installation of all its fnc11.1ttce9 Lit nay of the easement nreas. 13. Voluntary Annexation. Developer agrees that .l►i the event Developer s property becomes contiguous to the City's boundary, as such term is defined In the lnws of the State of Florida, then this agreement, together with the application for service and all exhibits, shall be considered nq application for voluntary annexation of Developer's real property into the corporate limits of: the City of Ok►rechobee. The terms of this agreement shall run with the land niid a►ubsequent purchnners of lots or units shall also be deemed to have npplind for voluntary annexation as provided herein. 14. Mortgage -Liens. Mortgngees, if nay, holding prior liens on the Property shall be required to release such liens, subordinate their positions or Jol.n in any conveynnce, grnnt or dedication of the easements or rights -of -way, or give to City assurance by way of a "non -disturbance agreement", that In the event of foreclosure, mortgngee would continue to recognize the ownership and ensement rights of City, as long as City complies with the terms of this Agreement. All facilities, save and except consumer installations, shall be covered by ensements or rights - of -way if not located within platted or dedicated roads or rights - of -way for utility purposes. It - l►a.l.l be Developer's obligation to gain these assurances from the mortgagee and present same to the City. 15. CitIts Exclusive Right to Utility Facilities. Developer and City agree that all sewer facilities accepted by City in connection with providing service to the Property shall at all times remain in the sole and exclusive ownership of City. Any person or entity owning nny part of the Properly or any residence, building or unit constructed or located thereon, shall not have any right, title, claim or interest to such facilities for any purpose, including the furnishing of sewer services to others located within or beyond the limits of the Property. 16. Exclusive Right to Provide Service. Developer, shall not engage in the business of providing writer or sewer services to the Property. Developer hereby grants City the sole and exclusive right to provide sewer services to the Property and to the occupants thereon. 17. Service Rates. Tile rates to be charged by City to the Developer or to a consumer for sewer service on the Property shall be those rates charged by City to ite other customers pursuant to service rates from time to time in effect as defined herein. City reserves the right to withhold or disconnect service at any time the service rates are not paid oil a current basis within 25 days after the some are billed. Developer or consumer, as the case may be, hereby agrees to save and hold harmless City for any loss or damages resulting from the exercise of this right. 7 The service to the Property shall be subject to such other regulations from time to time imposed on City with respect to the operations of its water and sewer systems, and except as limited by such regulations, ttre amounts of utility deposits, billing practices and times, liability for damage to City's Property and rate changes shall be exclusively within the discretion and control of City. 18. ARPlication for Service to Consumer Installations. Developer, or any owner yr occupant ors the Property (consumer) shall not connect any consumer installation to ttre facilities of City until application has been made to City by the Developer or consumer and approval for such connection has been granted. Developer or consumer shall be responsible for connecting the consumer installation to the meter and/or lines of City at the point of delivery in accordance with ttre following requirements: (a) Application for ttre installation of water meters and backflow preventors shall be made twenty-four (24 ) hours in advance, not including Saturdays, Sundays and holidays. (b) All consumer installations may at City's sole option be inspected by City before bnckfilling and covering of any pipes. (c) Written notice to City requesting an inspection of a consumer installation may be given by the Developer, the consumer or his contractor, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the water meter and backflow preventor, if applicable, have been previously installed. (d) Developer or consumer may not backfill or cover the pipes without City's inspection and approval. (e,q'tie cost of construction,aehall maintenance, repair or replacement of consumer installations be the responsibility of Developer or consumer and not ttre City. (f) Should any non -domestic wastes, grease or oils, including, but not limited to, floor or abnormal strength wax or paint, be delivered to the lines, or other prohibited substances as defined in the Code of Ordinances, Chapter 18, Section 18-64, the Developer or Consumer will be responsible for payment of the cost to correct or repair any resulting damage to the treatment process and/or facilities. 19. High Strength Waste. Tire Developer agrees that waste or sewage to be treated by City from the Propert will consist of domestic wastewater, and further agrees that it writ not allow any abnormal strength sewage to flow to the Utility Facilities. Developer grants to City ttre right to sample sewage from the Property to verify Developer's compliance with this paragraph. 20. Pretreatment. Developer agrees that City has certain obligations to protect the health, safety and welfare of the public and not to burden City's customers with extraordinary expenses attributable to Developer, Iris successors or assigns. Developer agrees that all sewage or wastewater from Property shall conform to City's standards prior to introduction into City's collection system and Developer further agrees that City may at City's sole option require pretreatment or special features such as grease traps to insure such conformity. Developer shall be responsible for all costs associated herewith. 8 3 21. Water Conservation. Developer ngrees to employ water conservation measures in development of the Property. Subject to City review and nlilrroval to encourage water conservation, such measures shalt Include but not be limited to. - (a) Installation of low flush toilets which utilize 3.5 gallons or less of water per f:lunhing cycle. (b) Installation or shower kends which have flow restrictors, pulsating features, flow control devices or other features which result in water conservation; slid do 'rot allow n flow exceeding 3.0 gallons per minute in 60 psi. (c) No swimming pool filter backwash water, or any other swimming pool wastewater shalt I)e d lsclinrged to the sanitary sewer system. (d) .Installation of. 9pring-loaded/au tome tic shut- off water fixtures in all public resLrooms, including lavatory fixtures. X Effluent Disposal. IL .19 possible the may n have sufficient eff.tuent disposal y nvallable for the dispose a from the '•t:y Lre.nted by it at its sewage treatment plant. r r agrees to provide. City, at City s request and at cyst to City, Lie the Property, or other areas as gnated within the property, fo rent disposal. The eloper shall provide City wlLh perpetual easemer or the of said Property for such purpo�ie. 23. Inspection. City may, at Its option and without notice, inspect Developers uttttt:y fricll.ltles at nll times whether before or after completion of constructlon and neceptance of same by the City. City, by inspecting; or not inspecting to any extent whatsoever, shalyl not assume responsibility for construction or installation of developer's utility fncl.littes avid shall in no way be deemed to waive any rights avatInble to City for defaults ore the part of Developer, or to consent Lo niry defects, omissions or failures in the design, coiiatrlict loin and installation of Developer's utility facilities. 24. Relocation of Utility Facilities. Any relocation Of utility facilities required for Ueveloper s convenience or necessity shall be clone at Developer's expense provided such relocation can be accomplished without adverse impact ore any other part of the facilities or other consumers. 25. Notices. Any paymeiit or notice required or permitted hereunder shall be In writing and be deemed properly made (a) when hand delivered to the official hereinafter designated, or (b) upon actual receipt when deposited in the United States mail, postage prepaid, addressed as set forth Herein, or at such other address as shall have been specified by written notice to the other party delivered ire accordance herewith: City. Director of Public Utilities 55 S.F. 3rd Avenue 0keechobee, Florida 34974 Developers Walpole, Inc. 269 N.W. 9tir . St . Okeechobee, Fla. 34972 6 26. Cost and Attorneys' Fees. In the event City or Developer brings an action to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party till costs incurred, together with reasonable attorneys' fees. 27. Interpretation. Developer and City agree that all words, terms and conditions contnined herein nre to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreement. 28. Assignment. This Agreement may not be assigned by Developer without the prior written consent of City, which sliatt not be unreasonably withheld provNed Developer's successor or assign expressly assumes Developer's obligntions hereunder by execution of this Agreement. Calincl.ty nitocnted hereunder may not be sold or assigned to any other property whether or not owned by Developer. 29. Strict Compliance. I'nl.lure to Insist upon strict compliance of any of the terms, covenants, or conditions in this Agreement shall not be deemed a wnlver thereof, nor shall any waiver of any right hereunder at any one time be deemed a waiver of such right at any other time. 30. Lisbility. I, for myself, the owner, the Developer and our successors and assigns ngree to hold harmless and indemnify the City of Okeechobee, the City Council, its employees and agents from any and all claims, damages, causes of actions or other liabilities that arise out of or to re.tation to the Florida Department of Environmental Regulnl:loii denlal of applicable permits to provide sewer service to the property. 31. Tine of the Essence. Time is hereby made of the essence of this Agreement in all respects. 32. Entire Agreement and Incorporation by Reference. This Agreement constitutes the enure agreement of the parties and expressly supersedes nll negothittons, previous agreements or representations whether verbal or written, and may not be nmended in any way whatsoever except by a writing executed by both parties hereto in a manner equal in dignity to the execution of this Agreement; provided however, that documents for the implementation of this Agreement, including all permits, engineering design and construction contracts, plane and specifications for the utility facilities as and when approved and filed with City's Department of Public Utilities nre incorporated herein by reference. 33. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, personal representatives and assigns of: the parties hereto and shall constitute a covenant running with the Property. 34. Go►ernina Lar. This Agreement shall be governed by the laws of the State of Florida and the Ordinances, Resolutions and policies of City not prohibited thereby. The parties hereto stipulate that venue shall vest solely in Okeechobee County, Florida, and that in no event shall any dispute be submitted to binding arbitration. 10 3 35. Effective Date. This Agreement shall be effective upon proper execution by both parties hereto. 36. Counter arts. This Agreement mny be executed in several counterparts each of which if properly executed by both parties shall be considered an original. IN WITNESS WHEREOF, the pnrties hereto have caused this Agreement with the named exhibits attached to be executed in counterparts on the day and year first above written. WITNESSES: DEVELOPER Me lir,4u �ty B7 e - le� Title: ATTEST: Attest: (SEAL) CITT OF OKEECHOBEE OKEECHOBEE, FLORIDA City Cleric By Mnyor Date: As authorised for execution by the City Council in their , regular meeting. , 19 Lots I through 7, Inclusive of Block 47 and Lot 16, In Block 48, Okeechobee According to the Plat thereof recorded in Plat Book I, Page 10 and Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Together with that portion of the 70.00 feet wide R/W for N.W. 3rd. Avenue (F/D/A Miami Street) lying between said Lot 1, Block 47 and said Lot 16, Block 48, Okeechobee 11 EXHIBIT "C" Rates. Fees and Charges List of Exhibits to Utility Agreement for Sewer Service Between the City of Okeechobee, Florida and Exhibit Name "All Legal Description of Property . . . . . . "B" Survey of Property . . . . . "C" Schedule of Rates, Fees rind Charges . . . . "D" Warranty Deed . . . . . . . , "E" Bill of Sale . . . . . . , IlFll Easeme-�its . . . . . Section Preamble Preamble 6 11(b) 11(b) 11(b) 3 EXHIBIT "C" Rates, Fees and Charges Developer agrees to pay the City of Okeechobee the following Fees to induce the City to reserve the following plant capacities for Developer's proposed connections within the "Property". Developer understands that plant capacities are only reserved upon payment of Charges by Developer to City. The fees set forth in the attached rate resolution are the fees in effect as of the date of this Agreement and are subject to changes in accordance with the terms thereof. Well Water - Wash Rack 4" Sewer Connection Fee $ 306.00 System Capacity Fee 459.00 Deposit 50.00 5/8"X3/4" Meter 100.00 Warehouse & Old Office 4" Sewer Connection Fee 306.00 2 - 3/4" System Capacity Fees 918.00 Deposits On File New Office 4" Sewer Connection Fee 306.00 System Capacity Fee 459.00 Deposit 100.00 !lBackflow Preventers for Warehouse, 675.00 'Old Office b New Office. 3-3/4" Total $ 3,679.00 The above fees do not include the water service for the new office. The fees for the old office are contingent upon the I" meter being downgraded to a 3/4" meter. • I''/M' I• � • ��IOf OKREcy . % oA� Cityof Okeechobee Zvi.• MEMORANDUM TO: John J. Drago, City Administrator DATE: 01/28/93 THRU: THRU: SUBJECT: Agenda Item FROM: Bonnie S. Thomas, City Clerk%A/y Attached is a copy of proposed Resolution No. 93-1 supporting Hospice of Okeechobee in its attempt to obtain a Community Services Block Grant, Federal Fiscal Year 1993. It must be placed on the February 2nd agenda for Council's consideration in order to meet the deadline for application acceptance. Should you require any additional information please do not hesitate to contact me. Thank You 111 0 4 4 RESOLUTION NO. 93-1 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING HOSPICE OF OKEECHOBEE IN ITS ATTEMPT TO OBTAIN A GRANT FUNDED THROUGH THE COMMUNITY SERVICES BLOCK GRANT, FEDERAL FISCAL YEAR 1993. WHEREAS, the City Council of the City of Okeechobee, Florida, recognized the benefits of the hospice organization to the residents of the City of Okeechobee; and WHEREAS, the City of Okeechobee desires to support Elospice in its attempt to obtain a grant through the Community service Block Grant; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, THAT: Section One: The City of Okeechobee does hereby support Hospice in its attempt to obtain a grant I through the Community services Block Grant. r Section Two: That this resolution shall take effect upon its adoption. PASSED AND ADOPTED this 2nd day of February , 1993. James E. Kirk, Mayor Attest: Bonnie S. Thomas, CMC, City Clerk ^ZOR1pr CITY OF OKEECHOBEE MEMORANDUM TO: John Drago, City Administrator THRU: DATE.- December I I , 1992 SUBJECT: Ranking of Consulting Engineers T film U: FROM: � Bob Birts, David Sorensen and Clyde bong We have reviewed all the proposals for Consulting Engineering for the Water and Wastewater. We have agreed to the following ranking: Wastewater. I. Knepper & Willard, Inc. - Is familiar with wastewater system. Has done our Capacity Analysis Report that is required annually and our Operation Permit renewal. We have a good working relationship with this firm and their past performance is excellent. T'lleir response time is very fast. They meet all requirements. 2. Reese, Macon & Assoc., Inc. 3. Kimball, Lloyds, Inc. Water. I. Reese, Macon & Assoc. - is familiar with the water system. We have a good working relationship with this firm and their past performance is excellent. Their response time is very fast. They meet all requirements. 2. Knepper & Willard, Inc. 3. Kimball, Lloyds, Inc. We recommend that the City Council approve the above rankings. E15 CITY OF OKEECHOBEE MEMORANDUM Mayor and Council DATE: Dec. 14, 1992 THRU: SUBJECT: Wastewater and THRU: Water Proposals FROM: John J. Drago, City Administrator **,►*�r*,r***,t,►,r**�,►******,rtw�**,r,�w***,►,r,r,rw,r*�**+rw#.+►,r*,r**,►***,►s,r,t** received: Listed below are the Water and Wastewater Proposals we WATER Gee & Jenson Creech, Inc. Barker, Osha & Anderson Kimball, Lloyd B.S.E. Consultants Reese, Macon & Assoc. Mock, Roos & Assoc. Hartman & Assoc. Bishop & Assoc. Knepper & Willard WASTEWATER Gee & Jenson Creech, Inc. Hazen & Sawyer Barker, Osha & Anderson Kimball, Lloyd, Inc. B.S.E. Consultants Reese, Macon & Assoc. Boyle Engineering Mock, Roos & Assoc. Chastain, Skillman, Inc. Engineering Concepts in Design Hartman & Assoc. Knepper & Willard 1 A• 1 itOrly. 1 i 71 R 3tLFL